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Bernalillo County, NM Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Minimum fence/wall height
36 inches
Gate requirement
Self-closing, locking
Gate must stay locked
When unattended by adult
Applies to
Group 1, 2 and 3 pools
Enforced by
Environmental health authority

Summary

Unincorporated Bernalillo County requires every swimming pool to be enclosed by a fence or wall at least 36 inches high with self-closing, locking gates kept locked when unattended.

City-specific rules exist: Albuquerque has its own fencing & safety requirements rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

Swimming pools shall be completely enclosed by a fence or wall at least 36 inches high. Such fence or wall shall not have any opening or hold which affords entrance for a small child and shall have self-closing gates or doors with locks. Such gates shall be kept locked at all times unless an adult is in attendance at the swimming pool.

Source: https://www.bernco.gov/planning/building-services/building-permit-information/View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

The county's Environmental Health Code makes pool enclosure a condition of the operating permit: the environmental health authority (county manager or designee) won't approve construction or issue an operating permit unless the pool is completely enclosed by a fence or wall at least 36 inches high with no opening a small child could get through, and self-closing gates or doors with locks. Gates must stay locked whenever an adult isn't attending the pool. Public and semi-public (group 1/group 2) pools face added rules -- lifeguard service or posted no-lifeguard signs, safety equipment like life buoys and hooks, and water quality testing -- while private backyard (group 3) pools still must meet the fencing standard. This applies in unincorporated Bernalillo County; Albuquerque enforces its own pool rules under its Integrated Development Ordinance and building code.

Violations & Fines

Operating or building a pool without the required enclosure blocks permit issuance; the environmental health authority can deny, withhold, or revoke the operating permit until the fence and self-closing, locking gate are in place.

Frequently Asked Questions

How tall must a pool fence be in Bernalillo County?
At least 36 inches, with no gaps or holds a small child could use to get in, and a self-closing, locking gate.
Does this rule apply inside Albuquerque?
No. It governs unincorporated Bernalillo County only; Albuquerque regulates pool enclosures under its own Integrated Development Ordinance.
Do private backyard pools need a permit?
Yes -- group 3 (private) pools aren't exempt from the fencing and gate requirements even without the group 1/2 operating-permit and lifeguard rules.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico swimming pools & spas overview

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