Cupertino, CA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Governing section
- Municipal Code § 16.06.140 (Appendix CI, § 115922)
- Trigger
- Building permit for new or remodeled pool/spa
- Minimum features
- At least two of seven listed safety features
- Gate device height
- Self-closing latch release no lower than 54 inches
- Sign-off
- Building official inspects before final approval
Summary
When a permit is issued for a new pool or spa, or for remodeling an existing one, at a Cupertino single-family home, the pool must have at least two of seven state drowning-prevention safety features. Options include an isolating enclosure or a self-closing, self-latching door device set no lower than 54 inches high. The Building Official inspects before final approval.
115922. (a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with two of the following seven drowning prevention safety features: An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. ... A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home's doors providing direct access to the swimming pool or spa. ... (c) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
Full Breakdown
140. Under the adopted Section 115922(a), when a building permit is issued for construction of a new pool or spa, or the remodeling of an existing swimming pool or spa, at a private single-family home, the pool or spa must be equipped with at least two of seven listed drowning prevention safety features. Those options include an enclosure isolating the pool from the home under Section 115923, removable mesh fencing meeting ASTM F2286 with a self-closing, self-latching gate, a power-operated safety cover meeting ASTM F1346-23, exit alarms on doors and windows leading to the pool area, a self-closing, self-latching door device with a release mechanism mounted no lower than 54 inches above the floor, and a pool-entry alarm certified to ASTM F2208.
Section 115922(b) specifies that certain combinations do not satisfy the requirement, such as an exit alarm paired with a self-closing, self-latching device on the same door, or an exit alarm paired with a door latch on separate doors. Before final approval of the permitted construction or remodeling, Section 115922(c) requires the local building official to inspect the required drowning safety prevention features and confirm no violations exist before signing off on the project.
Violations & Fines
A pool or spa built or remodeled under permit without at least two qualifying safety features will not pass the final inspection required by Section 115922(c), and the Building Official will withhold final approval of the permitted work until the deficiency is corrected. Occupying or using the pool before that final approval also risks a stop-work or code enforcement action under Chapter 16.04's general building violation provisions.
Frequently Asked Questions
Does Cupertino require a fence around a new pool?
How high must a self-latching pool gate device be?
Who checks that my pool's safety features are installed?
Sources & Official References
Other rules in Cupertino
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