Swimming pools in San Jose: the local rules

Each rule below links to the section of the San Jose Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What San Jose's code says

San Jose code What San Jose's code adds
Pool barrier	Openings, holes or gaps in the barrier may be no more than 4 inches in any dimension. Applies: Applies to outdoor pools with permits filed on or after May 26, 1989, except openings protected by doors or gates. § 17.28.050 · code text openings, holes or gaps in the fence, wall or enclosure shall not exceed four inches in any dimension, except for openings, holes or gaps protected by doors or gates The pool must be fully enclosed by a fence, wall or durable enclosure, which may include a building. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text Each outdoor swimming or wading pool constructed or installed within any premises shall be completely enclosed by a fence, wall or other durable enclosure. The barrier must be at least 4 feet from the nearest edge of the pool. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text shall be located a minimum of four feet from the nearest edge of the pool
Barrier height	At least 4 feet tall at all points. Applies: Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989. § 17.28.050 · code text Such fence, wall or enclosure shall be not less than four feet in height at all points
Gates	self-closing and self-latching; latch device at least three-and one-half feet above the deck or walkway Applies: Any gate or door in the surrounding fence, wall or enclosure, including a garage-to-pool-area gate or door, but excluding doors in a surrounding building or enclosure other than a fence § 17.28.050 · code text Any gate or door in the surrounding fence, wall or enclosure, including those which open from a garage into the enclosed pool area, but excepting doors in any surrounding building or enclosure other than a fence, shall be equipped with a self-closing and self-latching device designed to keep the gate or door securely closed at all times when not in actual use. Such device shall be located at least three-and one-half feet above the deck or walkway.
Maintenance and empty pools	Home pools and outdoor spas may not be filled or refilled with drinking water by more than 1 foot. Applies: Applies when the city council declares a water shortage of 30% or greater. Refilling after leak repair is excepted. § 15.10.330 · code text no person shall cause, permit or allow initial filling or re-filling of more than one foot except for re-filling after repair for leaks, of residential swimming pools or outdoor spas with potable water

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Frequently asked questions

What are the pool fence and setback rules in San Jose?

San Jose's code: At least 4 feet tall at all points. (Applies to outdoor swimming or wading pools with building permits filed on or after May 26, 1989.) (§ 17.28.050); self-closing and self-latching; latch device at least three-and one-half feet above the deck or walkway (Any gate or door in the surrounding fence, wall or enclosure, including a garage-to-pool-area gate or door, but excluding doors in a surrounding building or enclosure other than a fence) (§ 17.28.050).

Swimming pools in San Jose

What San Jose's code says

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