San Bernardino Municipal Code Ch. 15.48 Swimming Pools

It is found, declared, and determined that private swimming pools shall be fenced as a precautionary measure to prevent severe hazard to the health, safety, and welfare of the inhabitants of the city, particularly children.

(Ord. 2431, passed 4-2-1962; Ord. MC-1666, passed 8-5-2026)

For the purpose of this chapter, PERSON shall include, but not be limited to, any individual, firm, association, partnership, trust, corporation, political subdivision within the city, or other form of organization whether operating for profit or otherwise.

(Ord. 2431, passed 4-2-1962; Ord. MC-1666, passed 8-5-2026)

Each person in possession of land within the city, as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water or structure designed, constructed or used, or capable of being used, for swimming or bathing, having a depth in excess of 18 inches, shall maintain on the premises, completely surrounding the pool or body of water, a fence or wall not less than four feet in height. There shall be no openings, holes, or gaps in the fence or wall larger than four inches square, except that if a picket fence or other fence constructed of vertical members is maintained, the open space between the pickets or vertical members shall not exceed four inches horizontally and shall be not less than 36 inches vertically. This fence must be non-climbable with openings, holes, or gaps not to be constructed or maintained in a horizontal series constituting steps or other means of access. A dwelling house or accessory building may be used as part of the required fence or wall.

(Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. 3971, passed 9-24-1980; Ord. MC-1666, passed 8-5-2026)

All gates or doors opening through the required enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and self-latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to be self-closing and capable of keeping the door or gate securely closed at all times when not in actual use. These requirements are to include pedestrian doors with direct access to the rear yard from the garage. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall and the pool or body of water.

(Ord. 2431, passed 4-2-1962; Ord. 3971, passed 9-24-1980; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

Any swimming pool constructed after the effective date of the ordinance codified in this chapter shall be constructed so that there shall be at least five feet between the inside or poolside face of the swimming pool and side or rear lot line. No mechanical equipment shall be placed nearer than five feet to any side or rear lot line.

(Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

(A) Prior to issuance of a swimming pool permit, the Building Official may require that the swimming pool plans be reviewed by an approved soils engineer. All reports shall be subject to approval by the Building Official, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the Building Official shall be incorporated in the swimming pool plans by the permittee.

(B) Swimming pools constructed of materials that are subject to failure by deterioration, tears or rips shall not be so located so that a failure would possibly endanger any private property or result in the deposition of debris on any public way.

(Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. MC-1666, passed 8-5-2026)

All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements.

(Ord. 2431, passed 4-2-1962; Ord. 3474, passed 1-22-1975; Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Ord. 2431, passed 4-2-1962; Ord. MC-1027, passed 9-9-1998; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)

Swimming pools in existence on the effective date of the ordinance codified in this chapter shall be fenced in accordance with the requirements of this chapter on or before July 1, 1962.

(Ord. 2431, passed 4-2-1962; Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)