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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum Barrier Height
60 inches (5 ft) - HSC § 115923
Max Ground Clearance
2 inches
Max Opening Size
Less than 4-inch sphere
Gate Latch Height
60+ inches above ground
Required Safety Features
At least 2 of 7 (HSC § 115922)

Summary

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.

(a) An enclosure shall have all of the following characteristics: (1) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground. (2) A minimum height of 60 inches. (3) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. (4) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.

Source: California Building Code — Pool SafetyView official code

Full Breakdown

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. , 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).

Violations & Fines

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.

Frequently Asked Questions

Does Modesto require a 5-foot or 6-foot pool fence?
California Health & Safety Code § 115923 sets a minimum 60-inch (5-foot) enclosure height for pools at single-family homes; Modesto enforces this state standard via the California Building Code adopted in Title 9 of the Municipal Code.
Can I use a pool cover instead of a fence in Modesto?
An ASTM F1346-compliant safety cover counts as one of the seven approved drowning-prevention features under HSC § 115922, but you must combine it with at least one additional approved feature (such as door alarms or a self-latching device) to satisfy state law.
Do these barrier rules apply to hot tubs and spas?
Yes. HSC § 115921 defines 'swimming pool' to include hot tubs, spas, and any structure containing water over 18 inches deep, so the same enclosure/safety-feature rules apply unless a locking ASTM-compliant cover is in place.

Sources & Official References

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