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San Benito County, CA Swimming Pools & Spas: Pool Permits (2026)

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

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.

Key Facts

Permit required
Yes - county building permit (Code Sec. 21.01.075)
Governing chapter
Title 21, Ch. 21.01, Article V (Private Swimming Pools)
Issuing office
RMA Building & Code Enforcement Division
Code basis
Adopted California Building Standards Code
Inspection
Required (Code Sec. 21.01.078)
Fees
Set by Board of Supervisors resolution

Summary

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.

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.

PRIVATE SWIMMING POOL. 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.

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

01, Article V governs private swimming pools in the unincorporated county. ' In other words, a building permit is the trigger that brings a residential pool under county regulation. 01 (the 2019 California editions were adopted by reference in the building chapter as supplemented). 078 (Inspection), meaning the county both permits new pools and addresses enclosures for existing ones, with a county inspection. 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.

Violations & Fines

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.

Frequently Asked Questions

Do I need a permit to build a pool in unincorporated San Benito County?
Yes. County Code Section 21.01.075 defines a private swimming pool precisely as one whose construction requires a building permit from the county Building Department, so any in-ground pool needs a county building permit obtained through the Building & Code Enforcement Division.
Which code does the county use to review my pool?
The county reviews pools under the California Building Standards Code it adopts by reference in Chapter 21.01, plus the zoning fencing rule in Section 25.07.013. The detailed barrier requirements come from the state Swimming Pool Safety Act and the California Residential Code rather than a separate local height standard.

Sources & Official References

Other rules in San Benito County

All San Benito County rules

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