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

070 amends California Building Code Section 3109, Swimming Pools, Spas and Hot Tubs, which itself carries the state Swimming Pool Safety Act codified at Health and Safety Code Sections 115920 through 115929. As locally amended, Section 115921(c) defines an "Enclosure" as a fence, wall, or other barrier that isolates the pool from the home and from adjacent properties and public ways. Section 115922(a) requires that whenever a building permit is issued for a new pool or spa, or for remodeling an existing one, at a private single-family home, the pool must be enclosed by a barrier meeting Section 115923 and a second drowning-prevention safety feature must also be added; if the home itself forms part of the enclosure, two additional safety features from the state's list of options must be installed instead.

Section 115923(e), as locally amended, sets the spacing standard: vertical members cannot exceed 4 inches apart, horizontal members must be spaced at least 45 inches apart to prevent a climbable condition, and decorative embellishments are capped at a 3/4 inch projection or a 60-degree slope so they cannot be used as a foothold. 48 instead. These amendments were adopted by Ordinance No. 1796 on November 4, 2025, and are administered by the City's Building Division as part of the California Building Code.