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

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

Key Facts

Code Section
MCC §§ 19.12.010, 19.12.020; Cal. Bldg. Code § 3109.4.4
Barrier Height (Decorative Pools/Ponds)
5 feet minimum
Max Opening Size
50 square inches (4 in. max horizontal for rectangular openings)
Triggering Depth (Ponds)
18 inches
Gate Hardware
Self-closing and self-latching, latch on inside

Summary

Private swimming pools in unincorporated Marin County must comply with the California Building Code pool barrier requirements; Marin's Chapter 19.12 governs decorative pools, ponds, and other artificially created bodies of water that are not intended for swimming.

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

Every person who owns or is in possession of any premises on which there is situated a decorative pool, fish pond, or any outside body of water created by artificial means, any portion of which is eighteen inches deep or more, shall maintain... a fence, wall, or other structure, not less than five feet in height with no openings, except doors or gates, with an area greater than fifty square inches.

Source: California Health and Safety Code 115920-115929 (Swimming Pool Safety Act)View official code

Full Breakdown

Marin County Code (MCC) Chapter 19.12 specifies that swimming pools or pools intended for swimming or recreational bathing (including in-ground, above-ground, hot tubs, spas, and portable spas) are subject to Section 3109.4.4 (Private Swimming Pools) of Chapter 31 of the 2013 California Building Code, as adopted by MCC § 19.04.010. The California Building Code, in turn, references the seven-feature Swimming Pool Safety Act requirements at Health & Safety Code § 115922 (e.g., perimeter barrier, safety pool cover, exit alarms, self-closing/self-latching door device). For decorative ponds, fish ponds, and other non-swimming bodies of water more than 18 inches deep, MCC § 19.12.020 separately requires a fence or wall not less than five feet in height completely surrounding the body of water, with openings limited to 50 sq. in. (or a rectangular opening with no horizontal dimension exceeding 4 inches).

Violations & Fines

Violations of Title 19 are punishable by a fine equal to two to four times the permit fees specified in MCC § 19.04.032 for the permits required to clear the violation (MCC § 19.04.029). Each day a violation continues constitutes a separate offense. Notices of violation and liens may be recorded against the property under MCC § 19.04.033.

Frequently Asked Questions

Does Marin County have a special swimming pool fence ordinance separate from the state?
Marin's Chapter 19.12 was reorganized to apply primarily to decorative pools and ponds. Actual swimming pools follow the California Building Code Section 3109.4.4 (private swimming pools), which in turn references the state Swimming Pool Safety Act.
What about a backyard fish pond or decorative water feature?
If any portion is 18 inches or deeper, MCC § 19.12.020 requires a 5-foot-high enclosing fence/wall with limited opening sizes and self-latching gates, unless an exemption under § 19.12.050 applies (e.g., remote location, 2+ acre parcel with 75-foot setback).

Sources & Official References

Other rules in Marin County

All Marin County rules

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