Bernalillo County, NM Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence/wall height
- 36 inches
- Gate requirement
- Self-closing, locking
- Gate must stay locked
- When unattended by adult
- Applies to
- Group 1, 2 and 3 pools
- Enforced by
- Environmental health authority
Summary
Unincorporated Bernalillo County requires every swimming pool to be enclosed by a fence or wall at least 36 inches high with self-closing, locking gates kept locked when unattended.
Swimming pools shall be completely enclosed by a fence or wall at least 36 inches high. Such fence or wall shall not have any opening or hold which affords entrance for a small child and shall have self-closing gates or doors with locks. Such gates shall be kept locked at all times unless an adult is in attendance at the swimming pool.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
The county's Environmental Health Code makes pool enclosure a condition of the operating permit: the environmental health authority (county manager or designee) won't approve construction or issue an operating permit unless the pool is completely enclosed by a fence or wall at least 36 inches high with no opening a small child could get through, and self-closing gates or doors with locks. Gates must stay locked whenever an adult isn't attending the pool. Public and semi-public (group 1/group 2) pools face added rules -- lifeguard service or posted no-lifeguard signs, safety equipment like life buoys and hooks, and water quality testing -- while private backyard (group 3) pools still must meet the fencing standard. This applies in unincorporated Bernalillo County; Albuquerque enforces its own pool rules under its Integrated Development Ordinance and building code.
Violations & Fines
Operating or building a pool without the required enclosure blocks permit issuance; the environmental health authority can deny, withhold, or revoke the operating permit until the fence and self-closing, locking gate are in place.
Frequently Asked Questions
How tall must a pool fence be in Bernalillo County?
Does this rule apply inside Albuquerque?
Do private backyard pools need a permit?
Sources & Official References
Other rules in Bernalillo County
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