Marin County, CA Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Code Section
- MCC §§ 19.12.010, 19.12.020; Cal. Bldg. Code § 3109.4.4
- Barrier Height (Decorative Pools/Ponds)
- 5 feet minimum
- Max Opening Size
- 50 square inches (4 in. max horizontal for rectangular openings)
- Triggering Depth (Ponds)
- 18 inches
- Gate Hardware
- Self-closing and self-latching, latch on inside
Summary
Private swimming pools in unincorporated Marin County must comply with the California Building Code pool barrier requirements; Marin's Chapter 19.12 governs decorative pools, ponds, and other artificially created bodies of water that are not intended for swimming.
Every person who owns or is in possession of any premises on which there is situated a decorative pool, fish pond, or any outside body of water created by artificial means, any portion of which is eighteen inches deep or more, shall maintain... a fence, wall, or other structure, not less than five feet in height with no openings, except doors or gates, with an area greater than fifty square inches.
Full Breakdown
Marin County Code (MCC) Chapter 19.12 specifies that swimming pools or pools intended for swimming or recreational bathing (including in-ground, above-ground, hot tubs, spas, and portable spas) are subject to Section 3109.4.4 (Private Swimming Pools) of Chapter 31 of the 2013 California Building Code, as adopted by MCC § 19.04.010. The California Building Code, in turn, references the seven-feature Swimming Pool Safety Act requirements at Health & Safety Code § 115922 (e.g., perimeter barrier, safety pool cover, exit alarms, self-closing/self-latching door device). For decorative ponds, fish ponds, and other non-swimming bodies of water more than 18 inches deep, MCC § 19.12.020 separately requires a fence or wall not less than five feet in height completely surrounding the body of water, with openings limited to 50 sq. in. (or a rectangular opening with no horizontal dimension exceeding 4 inches).
Violations & Fines
Violations of Title 19 are punishable by a fine equal to two to four times the permit fees specified in MCC § 19.04.032 for the permits required to clear the violation (MCC § 19.04.029). Each day a violation continues constitutes a separate offense. Notices of violation and liens may be recorded against the property under MCC § 19.04.033.
Frequently Asked Questions
Does Marin County have a special swimming pool fence ordinance separate from the state?
What about a backyard fish pond or decorative water feature?
Sources & Official References
Other rules in Marin County
California rules heatmap·Compare Marin County to another location·View the California swimming pools & spas overview
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