Modesto does not impose a city-specific pool barrier ordinance; California Health & Safety Code (Swimming Pool Safety Act) and the California Building Code preempt and set the minimum enclosure standards.
Modesto enforces the statewide Swimming Pool Safety Act (California Health & Safety Code §§ 115920-115929) and California Building Code Chapter 31 (adopted by reference in Modesto Municipal Code Title 9, Chapter 1 - Building Code). HSC § 115921 defines a 'swimming pool' as any structure intended for swimming or recreational bathing containing water over 18 inches deep, including in-ground/aboveground pools, hot tubs, spas, and wading pools. An 'enclosure' is defined as a fence, wall, or other barrier isolating the pool from access to the home. HSC § 115923 requires the enclosure to be at least 60 inches (5 feet) high with a maximum 2-inch ground clearance, gaps that do not allow passage of a 4-inch sphere, and a smooth outside surface free of handholds/footholds that a child under five could climb. Access gates must open away from the pool, be self-closing, and have a self-latching device placed no lower than 60 inches above the ground. Per HSC § 115922 (as amended by SB 442/SB 552), when a building permit is issued for a new or remodeled pool/spa at a single-family home, the project must include at least two of seven approved drowning-prevention safety features (e.g., compliant enclosure, removable mesh fence per ASTM F2286, ASTM F1346 safety cover, door exit alarms, self-closing/self-latching device on doors providing direct pool access, ASTM F2208 in-water alarm).
Failure to install required barriers can result in a stop-work order from the City of Modesto Building Safety Division, denial of final inspection/occupancy, code-enforcement citations under Modesto Municipal Code Title 9 Chapter 9 (Property Maintenance Code), and civil liability under state premises-liability and attractive-nuisance doctrines.
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