Unincorporated San Luis Obispo County enforces the California Swimming Pool Safety Act (Health and Safety Code 115920-115929), California Building Code Section 3109, and county Code Section 15.04.320 through Planning & Building handout BLD-1054. New or remodeled residential pools and spas (water over 18 inches deep) require a permanent enclosure at least 60 inches tall plus one additional drowning prevention safety feature. SLO County also adds two local amendments: non-pedestrian gates must be lockable and posted, and driveway gates that form part of the enclosure must be electronically operated and auto-close within one minute.
Pool and spa barrier requirements in unincorporated San Luis Obispo County are summarized in Department of Planning & Building document BLD-1054 (07/09/2024) and codified through California Building Code Section 3109, the California Swimming Pool Safety Act at Health and Safety Code Sections 115920 through 115929, and San Luis Obispo County Code Section 15.04.320. A swimming pool is defined as any structure containing water over 18 inches deep, including in-ground and aboveground pools, hot tubs, spas, portable spas, and non-portable wading pools. A non-self-contained spa is treated as a swimming pool. Self-contained spas with a locking ASTM F1346-91 safety cover are exempt from the fence enclosure requirement. Under HSC 115923, before a pool or spa is filled with water, it must have a permanent, non-removable enclosure with: access gates that open away from the pool and are self-closing with a self-latching device placed no lower than 60 inches above the ground; a top at least 60 inches above grade measured from the side facing away from the pool; a maximum vertical clearance of 2 inches between the ground and the bottom of the enclosure; no gaps or voids that allow passage of a 4-inch sphere; and an outside surface free of handholds or footholds that could let a child under five climb over. Under HSC 115922 the pool or spa must also be equipped with at least one additional safety feature: exit alarms on home doors that provide direct access to the pool, an ASTM F1346-91 safety pool cover, a self-closing self-latching device with a release no lower than 54 inches above the floor on home doors that provide direct access, removable mesh fencing meeting ASTM F2286 with a self-closing self-latching key-lockable gate, an ASTM F2208 pool alarm, or another protection independently verified by a testing laboratory. Through Section 3109.2 of the CBC the county adds two local amendments to HSC 115923: any gates other than pedestrian access gates must be equipped with lockable hardware or padlocks, must remain locked when not in use, and must display a permanent sign reading 'This access to be kept locked at all times'; and driveway gates that are part of the enclosure must be electronically operated and automatically close within one minute of being opened. Permits for pools and spas are issued by the SLO County Department of Planning & Building, and prefabricated above-ground pools less than 24 inches deep, holding 5,000 gallons or less, and accessory to a Group R-3 dwelling are exempt from a building permit but still must be fenced as required by the Building Code. Under HSC 115924, any contractor who agrees to build a swimming pool must give the consumer notice of the Swimming Pool Safety Act requirements.
A new or remodeled pool or spa cannot be filled with water and cannot pass final inspection until the enclosure plus one additional safety feature are installed and operating, per Health and Safety Code 115922 and 115923. Failure to comply may trigger stop-work orders and code enforcement action by the SLO County Department of Planning & Building under Section 15.04.320 of the County Code and CBC Section 3109. Owners and occupants are responsible for maintaining all required enclosures and safety elements at all times. Driveway gates that do not auto-close within one minute, or non-pedestrian gates that are unlocked or lack the required posted sign, also constitute a violation of the local amendments adopted from CBC Section 3109.2.
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