Swimming pool rules in Orinda, California
Yes, with a building permit. In Orinda a pool or spa must be at least 5 feet from side and rear lot lines (measured from the water's edge) and meet the house setback from street-facing lines. The city code requires a full fence at least 4 1/2 feet high with self-closing, self-latching gates, but state law requires new pools to have two of seven drowning-prevention features, and a qualifying enclosure must be at least 60 inches high, so plan for 5 feet.
| Side and rear setback | 5 ft from the water's edge [1] |
| Street-facing setback | Same as the primary structure [1] |
| Fence required | All pools in the city [2] |
| Fence height and gaps | At least 4 1/2 ft high; openings no larger than 4 inches [3] |
| Gates | Self-closing and self-latching, latch at least 4 ft above ground [4] |
| Alternatives to house-side fence | Safety cover, pool alarm, door alarms, or self-closing/latching doors, with Building approval [5] |
| Retaining walls within setbacks | 4 ft max [6] |
| Pool water discharge | No chemically treated water to storm drains or creeks [7] |
Where a pool can go
Orinda's zoning code applies to pools, spas and their heating and filter equipment. The side and rear setback is 5 feet, measured from the water's edge, and the setback from any street-facing property line is the same as for the house [1]. Retaining walls and terracing for the pool are limited to 4 feet inside the zone's minimum setbacks [6]. Pool equipment must meet the code's rules for permanent mechanical equipment (Section 17.39.9, not in our sources). The building code chapter separately requires at least 5 feet between the pool and side or rear lot lines.
Fencing
All swimming pools in Orinda must be fenced [2]. For pools permitted after September 14, 1984, the fence must completely surround the pool, be at least 4 1/2 feet high, and have no gaps larger than 4 inches. It must be installed before the pool is used [3]. Gates and doors in the fence must be self-closing and self-latching, with the latch at least 4 feet above ground [4]. A building wall can be part of the enclosure only if it isn't a house wall with doors or other openings to the pool. With approval from the Director of Building Inspection, the section of fence between the house and pool can be replaced by a safety pool cover or dome, a pool alarm, audible alarms on house exits to the pool, or self-closing and self-latching doors [5]. Older pools have their own rules and some exceptions for large, isolated lots. State law requires a new or remodeled pool or spa at a single-family home to have at least two of seven drowning-prevention features, and an enclosure used as one of them must be at least 60 inches high with gate latches at least 60 inches up. State law may override the code's lower 4 1/2-foot fence height and 4-foot latch height, and the code's single alternative for the house side of the fence may not by itself satisfy the state's two-feature rule.
Hot tubs and spas
The zoning setbacks cover spas as well as pools [1].
Draining
Chemically treated pool water may not go to the storm drain system or a creek unless the chemicals are undetectable [7]. Drain to landscaping where practical, or to the sanitary sewer with a Central Contra Costa Sanitary District permit.
Permits
Orinda's building permits are issued by Contra Costa County. Only pool and spa repairs and like-for-like equipment replacement are exempt from Planning review. Relocating pool equipment needs Orinda Planning review.
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Next steps
- Confirm your setbacks with the Orinda Planning Department (925-253-4210): 5 ft from side and rear lines at the water's edge, the house setback from street lines, and any creek setback.
- Apply for a pool permit through Contra Costa County Building Inspection with a site plan showing the pool, equipment and fencing.
- Plan a full enclosure at least 4 1/2 ft high (5 ft to meet state standards) with self-closing, self-latching gates, plus the state-required second safety feature.
- Install the fence before the pool is filled or used, and pass the final inspection.
Common questions
- Do I need a permit for a pool in Orinda, California?
- Yes. A pool needs a building permit, which Contra Costa County issues for Orinda. Only pool and spa repairs and like-for-like equipment replacement are exempt from Planning review.
- What are the pool setbacks in Orinda, California?
- A pool or spa must be at least 5 feet from side and rear lot lines, measured from the water's edge, and meet the house setback from street-facing lines. Retaining walls for the pool are limited to 4 feet inside the zone's minimum setbacks.
- How high does a pool fence need to be in Orinda, California?
- The city code requires a full fence at least 4 1/2 feet high with no gaps larger than 4 inches and self-closing, self-latching gates. State law requires two of seven drowning-prevention features, and a qualifying enclosure must be at least 60 inches high, so plan for 5 feet.
- Can I drain my pool into the street in Orinda, California?
- No. Chemically treated pool water may not go to the storm drain system or a creek unless the chemicals are undetectable. Drain to landscaping where practical, or to the sanitary sewer with a Central Contra Costa Sanitary District permit.
California state rules for swimming pools
Pools need a city or county building permit, and local zoning sets setbacks. The state's Swimming Pool Safety Act (Health & Safety Code §115920 et seq.) adds safety rules:
- Drowning prevention features: when a building permit is issued for a new pool or spa, or to remodel one, at a private single-family home, it must have at least two of seven safety features (§115922):
- an enclosure that isolates the pool from the house
- removable mesh fencing (ASTM F2286) with a self-closing, self-latching gate
- a safety pool cover (ASTM F1346-23)
- exit alarms on doors and windows that open directly to the pool
- self-closing, self-latching devices on those doors, released at least 54 inches up
- a pool alarm (ASTM F2208; child-worn alarms don't count)
- other equally protective, independently verified means
- Some pairs don't count, such as a safety cover plus a pool alarm. The building official inspects before final approval.
- Enclosure standards (§115923): at least 60 inches high, no more than 2 inches of clearance at the bottom, gaps that won't pass a 4-inch sphere, no handholds or footholds, and gates that open away from the pool with self-latches at least 60 inches up.
- What counts as a pool: any structure with water over 18 inches deep, including above-ground pools, hot tubs and spas (§115921). Spas with a locking ASTM F1346 cover, apartment complexes and public pools are exempt (§115925).
- Small pools: the 2025 Residential Code exempts prefabricated pools under 24 inches deep from a building permit.
What the ordinance says
- OMC §17.4.26(B), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
The minimum side and rear yard setback, as measured from the water's edge, shall be five (5) feet.
- OMC §15.40.020(A), Municipal Code Title 15 Ch. 15.40 Swimming Pools, p. 1
All swimming pools in the city shall be fenced with an approved fence as provided in this chapter.
- OMC §15.40.050(A), Municipal Code Title 15 Ch. 15.40 Swimming Pools, p. 1
Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which land is situated a swimming pool shall maintain on the lot or premises upon which such pool is located, and completely surrounding such pool, a fence not less than four and one-half feet high, with openings, holes or gaps therein no larger than four inches measured horizontally, except for doors or gates. The fence shall be installed before the pool is put into use.
- OMC §15.40.050(C), Municipal Code Title 15 Ch. 15.40 Swimming Pools, p. 1
All gates or doors opening through such fence enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use, and such latching shall be placed at least four feet above the ground level, or otherwise made inaccessible from the outside of the enclosure to small children.
- OMC §15.40.060, Municipal Code Title 15 Ch. 15.40 Swimming Pools, p. 1
After approval of the Director of Building Inspection, one of the following may be provided in lieu of the section of the fence enclosure separating the dwelling house (residence) from the pool:
- OMC §17.4.26(C), Municipal Code Title 17 Ch. 17.4 Residential District Base Development Regulations (17.4.6 setbacks for water channels; 17.4.27 fences and retaining walls), p. 1
The maximum height of any retaining wall and related terracing shall be four feet if placed within the minimum setbacks of the subject zone.
- OMC §17.15.2(D), Municipal Code Title 17 Ch. 17.15 Development Standards for All Uses (17.15.3 fences and retaining walls), p. 1
It is unlawful to discharge chemically treated water from a swimming pool to the storm drainage system or a watercourse unless all chemicals (including but not limited to chlorine and bromine) are undetectable before discharge occurs.