Marin County enforces the California Building Standards Code (2022 California Building Code and California Residential Code, Title 24) along with the Swimming Pool Safety Act (California Health and Safety Code 115920-115929). New or remodeled residential pools at single-family homes require an enclosure at least 60 inches tall plus at least one additional drowning prevention feature, verified by the Marin County Community Development Agency Building and Safety Division. Marin County Code Title 19 Chapter 19.12 also requires a fence at least 5 feet tall around any decorative pool or pond 18 inches or deeper.
Pool fence and barrier requirements in unincorporated Marin County are governed by the Swimming Pool Safety Act in California Health and Safety Code Sections 115920 through 115929, the 2022 California Residential Code Appendix AX, and Marin County Code Title 19 Chapter 19.12. Under HSC 115922, when a building permit is issued for a new pool or spa or for the remodel of an existing pool or spa at a private single-family home, the project must include at least two of seven drowning prevention safety features. Feature one is an enclosure that isolates the pool from the home and meets HSC 115923 standards: a minimum height of 60 inches, a maximum vertical clearance of two inches between the ground and the bottom of the enclosure, and no gaps or voids that allow passage of a four-inch sphere. Access gates must open away from the pool and be self-closing with a self-latching device placed no lower than 60 inches above the ground. Other qualifying features include removable mesh fencing meeting ASTM F2286, an ASTM F1346 safety pool cover, exit alarms on doors with pool access, self-closing self-latching devices on home doors with the release no lower than 54 inches above the floor, an ASTM F2208 water alarm, or another protection providing equivalent safety verified by an independent testing laboratory. Separately, Marin County Code Section 19.12.020 requires any premises with a decorative pool, fish pond, or artificial body of water 18 inches or more in depth to maintain a fence, wall, or other structure not less than five feet in height with no openings (other than doors or gates) greater than 50 square inches, except a rectangular opening with no horizontal dimension exceeding four inches. Permits are issued by the Marin County Community Development Agency Building and Safety Division, which has adopted the 2022 California Building Standards Code; pool barrier compliance is verified at final inspection.
A pool cannot pass final inspection or receive approval until the required barrier and second safety feature are installed and operating. Operating, filling, or using a pool without an approved enclosure may trigger stop-work orders, code enforcement action, and civil penalties under the California Building Standards Code as adopted by Marin County. Violations of Marin County Code 19.12.020 (decorative pool fence) are enforced by the Community Development Agency. Health and Safety Code 115928 makes Swimming Pool Safety Act enforcement a duty of local building code officials at the time of pool permit final approval.
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