Clackamas County, OR Swimming Pools & Spas: Fencing & Safety Requirements (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.
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]
Full Breakdown
Section 8.10.050(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. This sits inside the chapter's broader Building and Fire Safety standards, which also require working smoke and carbon monoxide detectors installed per the Oregon Residential Specialty Code (J.1), at least two fire extinguishers per dwelling unit (J.2), an operable emergency escape and rescue opening in every sleeping area including basements (J.4), and no open building or zoning code violations on the property (J.5).
Because the barrier standard is tied to the word 'code-compliant,' the operative construction and height standards come from the Oregon Residential Specialty Code and the Clackamas County Building Code adopted at Section 9.02.040(E), which the Building Official enforces for any pool, spa or hot tub installation on the property. A new short-term rental applicant must certify compliance with all of Section 8.10.050 through the affidavit required under Section 8.10.040, and an approved Land Use Compatibility Statement is required before registration. County staff acting for the Administrator may examine the premises under Section 8.10.060 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?
What counts as a code-compliant pool barrier?
What happens if a short-term rental's pool barrier fails inspection?
Who inspects short-term rental pool barriers?
Sources & Official References
Other rules in Clackamas County
Compare Clackamas County to another location·View the Oregon swimming pools & spas overview
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