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Clackamas County, OR Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section: Clackamas County Code § 8.10.050(J)(3)
Applies to: Short-term rentals with a pool, spa or hot tub
Standard: Code-compliant barrier per Oregon Residential code
Paired requirements: Smoke/CO detectors, extinguishers, escape openings
Enforcement: Immediate citation, no warning letter required

Summary

Any short-term rental in unincorporated Clackamas County with a pool or hot tub must keep a code-compliant barrier around it under the county's short-term rental building and fire safety standards. The rule sits alongside the smoke detector and fire extinguisher requirements in the same chapter and is checked at registration and renewal.

These county ordinances apply to unincorporated areas of Clackamas County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

J. Building and Fire Safety. A short-term rental shall comply with all ordinances that apply to a dwelling, and all structural components shall be kept in sound condition and good repair. In addition:
1. Working smoke detectors and carbon monoxide detectors shall be installed and maintained in locations as required by the Oregon Residential Specialty Code.
2. Working fire extinguishers shall be placed in the kitchen and next to each wood burning appliance in an easily accessible location. A minimum of two (2) extinguishers are required in each Dwelling Unit.
3. Code-compliant pool and hot tub barriers shall be present.
4. Every sleeping area shall have not less than one operable emergency escape and rescue opening, including basement sleeping areas.
5. The dwelling shall have no open building or zoning code violations.
[Added by Ord. 04-2023, 9/7/23]

View official code

Full Breakdown

050(J)(3) of the Clackamas County Code requires that 'code-compliant pool and hot tub barriers shall be present' at any registered short-term rental. 5). 040(E), which the Building Official enforces for any pool, spa or hot tub installation on the property. 040, and an approved Land Use Compatibility Statement is required before registration. 060 at any reasonable time to verify the barrier and the rest of the safety package are in place.

Violations & Fines

Operating a short-term rental with a non-compliant or missing pool barrier can draw an immediate citation under Section 8.10.080(D), which does not require a prior violation letter. Section 8.10.090 penalties include suspension or revocation of the rental registration and a fine set by Board of County Commissioners resolution. A missing barrier the Building Official treats as an immediate life-safety risk can result in emergency revocation under Section 8.10.070, tied to a dangerous-building posting under Chapter 9.01, with an appeal running alongside the Section 9.01.150 dangerous-building appeal.

Frequently Asked Questions

Do all Clackamas County pools need a fence?

Section 8.10.050(J)(3) requires a code-compliant barrier only at properties registered as short-term rentals in the unincorporated county. The county's building code, adopted at Section 9.02.040, applies the same Oregon Residential Specialty Code barrier standards to any pool built under a building permit regardless of rental status, but the short-term rental chapter itself only governs registered rentals.

What counts as a code-compliant pool barrier?

The ordinance uses the phrase 'code-compliant pool and hot tub barriers' without restating specific dimensions, pointing instead to the Oregon Residential Specialty Code the county enforces as its Building Code under Section 9.02.040(E). A Building Codes Division inspector confirms compliance when reviewing pool construction permits and again when Code Enforcement inspects a registered short-term rental.

What happens if a short-term rental's pool barrier fails inspection?

Code Enforcement can issue an immediate citation under Section 8.10.080(D) without sending a warning letter first. Section 8.10.090 penalties run from suspension or revocation of the rental's registration to a fine set by Board of County Commissioners resolution, and a serious life-safety failure can trigger same-day emergency revocation under Section 8.10.070.

Who inspects short-term rental pool barriers?

County staff acting for the Administrator may examine the premises under Section 8.10.060 at any reasonable time to confirm compliance, and the Department of Finance administers enforcement of the chapter under Section 8.10.080(A), working with the Building Official on any life-safety posting.

Sources & Official References

[1]Clackamas County Code Chapter 8.10 - Short-Term Rentals

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