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San Benito County, CA Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Barrier required
Yes - county zoning Sec. 25.07.013 and building Sec. 21.01.076
Minimum barrier height
60 inches (state Pool Safety Act / CRC)
Gate
Self-closing, self-latching, opens away from pool
Ground clearance
Max 2 inches at bottom of barrier
Gap rule
No 4-inch sphere may pass through
Safety features
At least 2 of 7 (HSC 115922)

Summary

Unincorporated San Benito County requires swimming pools, spas, and similar water features to be fenced in compliance with the adopted Building Code, and Article V of the building code requires a pool enclosure. The detailed barrier standard - a minimum 60-inch barrier with a self-closing, self-latching gate - flows from California's Swimming Pool Safety Act.

These county ordinances apply to unincorporated areas of San Benito County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with the adopted Building Code.

(c)   Temporary fencing. Temporary fencing may be required by the designated approving authority where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed after 90 days once construction is complete.

(d)   Temporary security fencing. Temporary security fencing (including chain link) with a maximum height of six feet may be installed around the property lines of vacant property with approval from the County. (Ord. 1043 § 3 (part), 2022)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).

Full Breakdown

Two layers of San Benito County regulation require a pool barrier. 077 addresses enclosures for existing swimming pools. ) as carried into the California Residential Code. Under those state requirements an enclosure must be at least 60 inches high; any 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; the maximum vertical clearance from the ground to the bottom of the barrier is two inches; gaps may not pass a sphere four inches or larger in diameter; and the outside surface must be free of handholds or footholds a young child could climb.

For new construction or remodels at private single-family homes, the owner must equip the pool with at least two of seven listed drowning-prevention safety features, one of which can be the compliant enclosure. 07-J) caps ordinary residential fences at 4 feet in a front yard and 6 feet elsewhere, but pool barriers follow the Building Code's 60-inch minimum rather than those general yard limits.

Violations & Fines

A pool without a compliant enclosure cannot pass the county pool inspection (Section 21.01.078) and is a building and zoning code violation; the county can require the barrier to be installed and pursue code enforcement under Title 1.

Frequently Asked Questions

How tall does my pool fence have to be?
San Benito County requires pools to be fenced per the adopted Building Code, which incorporates the state Swimming Pool Safety Act minimum of a 60-inch barrier. That is taller than the county's ordinary 6-foot rule is short of - the 60-inch figure is a minimum, with strict gate, clearance, and gap rules.
Is the fencing rule a county rule or state law?
Both. The county zoning code (Section 25.07.013) and building code (Section 21.01.076) require an enclosure, but they defer to the adopted Building Code for the dimensions, which come from California Health and Safety Code Section 115922 et seq. (the Swimming Pool Safety Act).

Sources & Official References

Other rules in San Benito County

All San Benito County rules

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