Swimming pool rules in Tiburon, California
Yes, with two approvals: site plan and architectural review (pools and spas are a minor alteration decided by the Community Development Director) and a building permit for any pool, hot tub or spa. Pools and spas may go in the rear setback but not in front or side setbacks.
| Building permit | Required to install or alter any pool, hot tub or spa [1] |
| Design review | Site plan and architectural review for pools and spas [2] |
| Who decides design review | Community Development Director (minor alteration) [3] |
| Location | Allowed in rear setback; not in front or side setbacks [4] |
| Lot coverage | In-ground pools, or pools no more than 3 ft above grade, don't count [5] |
Permits
No one may install, alter, or make non-maintenance repairs to any swimming pool, hot tub or spa in Tiburon without a permit from the Building Inspection Division [1]. Separately, the zoning code requires site plan and architectural review before placing or installing a swimming pool or spa, along with exterior pool equipment, HVAC units, generators and similar noise-generating mechanical equipment [2]. Pools and spas are on the list of minor alterations that the Community Development Director can decide instead of the Design Review Board [3], with courtesy notice to neighbors. Grading of more than 50 cubic yards that isn't part of the pool project would need its own review, and excavation generally needs a grading permit.
Where a pool can go
Swimming pools and spas may be located in a rear setback, but not within a front or side setback [4]. Patios, water features other than pools and spas, and open grills can occupy any setback. In-ground pools, and pools that don't extend more than three feet above grade, aren't counted toward lot coverage [5], while a raised pool or deck over three feet would be. In the review, staff look at privacy, view impacts and where pool equipment is placed relative to neighbors.
Safety barriers
The town code sections we reviewed don't set their own pool fence or barrier standards. State law requires new and remodeled residential pools and spas to have drowning-prevention safety features, which the building permit inspection checks. Any fence over 3.5 feet tall needs its own site plan and architectural review, and fences in setbacks are limited to 6 feet.
New homes
New single-family homes must include solar photovoltaic systems, and new photovoltaic systems for in-ground swimming pools may count toward that requirement.
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Next steps
- Draw a site plan showing the pool, spa and equipment location outside the front and side setbacks.
- Apply for site plan and architectural review (minor alteration) with the Planning Division, 1505 Tiburon Boulevard, 415-435-7390.
- After approval, apply for a building permit with the Building Division (415-435-7380), plus electrical, plumbing and grading permits as needed.
- Include the state-required drowning-prevention safety features in your plans; they are checked before final inspection.
Common questions
- Do I need a permit to build a pool in Tiburon, California?
- Yes, two approvals: site plan and architectural review (a minor alteration decided by the Community Development Director) and a building permit for any pool, hot tub or spa.
- Where can I put a pool in Tiburon, California?
- Pools and spas may go in the rear setback but not in front or side setbacks.
- Does a pool count toward lot coverage in Tiburon, California?
- In-ground pools, or pools no more than 3 ft above grade, don't count.
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
- Sec. 13-2(f), Municipal Code Ch. 13 Building Regulations (13-4.5 Fire Code), p. 1
No person shall install, alter, or perform non- maintenance related repairs to any swimming pool, hot tub or spa without first obtaining a permit for such work, as required by the Technical Codes adopted in Article II of this chapter, from the building inspection division.
- Sec. 16-52.020(B)(3), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
Placement or installation of swimming pools and/or spas; installation or relocation of exterior air conditioning or heating (HVAC) units, generators or similar noise-generating mechanical equipment; satellite dishes greater than one meter in diameter; skylights; and/or devices of a similar nature, as determined by the director;
- Sec. 16-52.020(F), Municipal Code Ch. 16 (Zoning) Sec. 16-52 Permit Review and Decisions (16-52.100 Accessory Dwelling Unit; 16-52.110 Home Occupations; 16-52.080 Tidelands Permit; 16-52.020 Site Plan & Architectural Review), p. 1
Site plan and architectural review applications for the following items are considered to be minor alterations and may be acted upon by the director in lieu of the design review board:
- Sec. 16-30.030(E)(1), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
Swimming pools and spas may also be located on a rear setback, but not within a front setback or side setback.
- Sec. 16-30.120(B)(4), Municipal Code Ch. 16 Sec. 16-30 Standards for All Development (setbacks, 16-30.040 Fences and walls, height, 16-30.100 Submerged lands), p. 1
Lot coverage shall not include the area of uncovered and unenclosed off-street parking spaces, walks, patios, in-ground swimming pools or pools that do not extend more than three feet above grade, uncovered decks three feet or less above grade, landscape features, and eaves projecting four feet or less.