Milpitas, CA Swimming Pools & Spas: Fencing Requirements (2026)

Under the City of Milpitas Pool/Spa Safety Requirements Certificate (referencing the 2022 California Building Code, Section 3109, which mirrors the state Swimming Pool Safety Act, HSC 115922/115928), a pool owner must install at least two of seven drowning-prevention safety features. One option is an enclosure that isolates the swimming pool or spa from the single-family home and has all of the following: access gates that open away from the pool and are self-closing with a self-latching device placed no lower than 60 inches above the ground; a minimum height of 60 inches; a maximum vertical clearance from the ground to the bottom of the enclosure of two inches; gaps or voids that do not allow passage of a sphere four inches or greater in diameter; and an outside surface free of handholds or footholds that would let a child under five climb over. A second fencing option is removable mesh fencing meeting ASTM F2286, with a self-closing, self-latching gate that can accommodate a key-lockable device. A standard property fence not over 7 feet high does not itself require a building permit, but it must meet these barrier characteristics to qualify as a drowning-prevention feature.