Swimming pool permit rules in San Benito County, CA — also covering above-ground pools, in-ground pools, and spa installations — set fencing, barrier, alarm, and inspection requirements.
In unincorporated San Benito County a building permit from the Building & Code Enforcement Division is required to construct a private swimming pool. The County Code defines a private swimming pool by the very fact that its construction requires a county building permit, and construction is regulated under the adopted California Building Standards Code.
San Benito County Code Title 21 (Building and Engineering), Chapter 21.01, Article V governs private swimming pools in the unincorporated county. Section 21.01.075 defines a 'PRIVATE SWIMMING POOL' as 'an artificially created body of water, designed specifically for swimming in, and of which the construction requires that a building permit be obtained from the county's Building Department.' In other words, a building permit is the trigger that brings a residential pool under county regulation. Pool construction is reviewed against the California Building Standards Code that the County adopts by reference in Chapter 21.01 (the 2019 California editions were adopted by reference in the building chapter as supplemented). Article V also contains Section 21.01.076 (Enclosure required), 21.01.077 (Existing swimming pools), and 21.01.078 (Inspection), meaning the county both permits new pools and addresses enclosures for existing ones, with a county inspection. Pools, spas, and similar water features are also subject to the zoning code's fencing rule in Section 25.07.013. Because the County administers the state Building Standards Code, the detailed barrier specifications come from state law (the Swimming Pool Safety Act and the California Residential Code) rather than from a unique local height standard. Applicants apply through the Resource Management Agency's Building & Code Enforcement Division. Permit fees are set by resolution of the Board of Supervisors and are not fixed in the code text itself.
Building or filling a pool without the required county building permit is a code violation subject to stop-work and code-enforcement action under Title 1 of the County Code, and an unpermitted pool cannot pass the required inspection under Section 21.01.078.
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