Do I need a permit for a pool in California?

Yes, for most pools. Pools need a city building permit, and some cities, like Piedmont and Tiburon, also require design review. The 2025 Residential Code exempts prefabricated pools under 24 inches deep from a building permit, but cities may amend that.

What are the pool fence requirements in California?

A pool enclosure under state law must be at least 60 inches high, with 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. Your city may add its own barrier rules.

What pool safety features are required in California?

When a permit is issued for a new or remodeled pool or spa at a single-family home, it must have at least two of seven drowning prevention features. These include an enclosure isolating the pool, removable mesh fencing, a safety pool cover, exit alarms, self-closing door latches and a pool alarm. Some pairs, like a safety cover plus a pool alarm, don't count.

How close to the property line can a pool be in California?

It depends on your city; there's no state setback. In the cities we cover, it's typically 5 feet (Los Altos, Los Gatos, Manhattan Beach, Pasadena) or 6 feet to the water line in Saratoga, while Hillsborough requires 20 feet from side and rear lines unless the neighbor agrees in writing.

Does a hot tub count as a pool in California?

Usually yes. State law treats any structure with water over 18 inches deep, including hot tubs and spas, as a pool. Spas with a locking safety cover meeting ASTM F1346 are exempt from the state pool safety rules, but city setback and permit rules may still apply.

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Swimming Pools in California: rules in 9 towns compared

What are the rules for putting in a pool? Here's how each town answers it. Click a town for the details and the exact ordinance text.

Last reviewed 2026-10-05

This page is for California homeowners planning a pool, hot tub or spa. Pools need a city building permit, and local zoning sets where they can go. The state's Swimming Pool Safety Act (Health & Safety Code §115920 et seq.) adds safety rules: when a permit is issued for a new or remodeled pool or spa at a single-family home, it must have at least two of seven drowning prevention features, such as an enclosure, a safety cover or alarms. A qualifying enclosure must be at least 60 inches high. Any structure with water over 18 inches deep counts as a pool, including above-ground pools and spas, while the 2025 Residential Code exempts prefabricated pools under 24 inches deep from a building permit.

All 9 of the cities we cover for this topic allow backyard pools with a building permit, and most keep them out of the front setback. Los Altos, Los Gatos, Manhattan Beach and Pasadena require pools to sit at least 5 feet from property lines, and Saratoga keeps the water line 6 feet back. Hillsborough is strictest, with 20-foot side and rear setbacks that can drop to 5 feet only with the neighbor's written consent. Piedmont and Tiburon also require design review. Del Mar requires a barrier of at least 5 feet for any water over 12 inches deep and won't let you fill the pool until final inspection. Pick your city below for the details and the municipal code text.

Town-by-town comparison

Town	Verdict	Short answer
Los Altos Santa Clara Co.	Allowed with a permit	Yes. In Los Altos single-family zones, pools, hot tubs and spas can go in the buildable area or rear yard, at least 5 feet from any property line, but not in front or side setbacks. Any pool deeper than 24 inches must be fully enclosed by a barrier at least 5 feet high with self-closing, self-latching gates.
Saratoga Santa Clara Co.	Allowed with a permit	Yes. Private swimming pools are a permitted use in Saratoga's R-1 zones. A pool can't sit in the front or side setback areas, but it may go in the rear setback area as long as the water line stays at least 6 feet from every property line. Pool fencing follows the California Building Code, and you'll need a building permit.
Los Gatos Santa Clara Co.	Allowed with a permit	Yes. A private backyard pool needs no zoning approval in Los Gatos, but it must be at least 5 feet from property lines and out of the required front yard and street-side yard. Every pool or spa must be fully enclosed by a barrier at least 5 feet high with self-closing, self-latching gates, and the Building Division won't final the pool until it is.
Tiburon Marin Co.	Allowed with board review	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.
Piedmont Alameda Co.	Allowed with a permit	A pool needs a building permit in Piedmont, and any improvement that needs a building permit also needs a design review permit. Pool and spa equipment must be quiet enough not to exceed 50 decibels at the nearest property line, and pools count as hardscape against Zone A's 30% minimum landscaping.
Manhattan Beach Los Angeles Co.	Allowed with a permit	Pools and hot tubs are allowed in Manhattan Beach and may go in the required rear or side yard, but the pool and its equipment must stay at least 5 feet from every property line (unless the equipment is fully enclosed). All pools and hot tubs must be fenced under the city's building code, and a building permit is needed.
Pasadena Los Angeles Co.	Allowed with a permit	Pools and hot tubs are allowed as accessory structures on residential lots, but the pool, hot tub and all related equipment must be at least 5 feet from every property line and can't go in the front or corner-side setback. Pasadena's zoning code doesn't add its own barrier rules; the state pool safety law sets fencing requirements.
Del Mar San Diego Co.	Allowed with a permit	Yes. Pools and spas are an allowed accessory use in Del Mar's residential zones and may sit in the rear or interior side yard setbacks. Any pool or body of water over 12 inches deep needs a fence or barrier at least 5 feet high, with self-closing, self-latching gates. You can't fill the pool until final inspection confirms compliance.
Hillsborough San Mateo Co.	Allowed with a permit	Yes, with a building permit. Pools, spas and hot tubs normally must be 20 feet from side and rear lot lines and 25 feet from the street, but can be as close as 5 feet to a side or rear line if they're 40 feet from the neighbor's house and the neighbor agrees in writing. A safety barrier and at least two state drowning-prevention features are required.

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):
1. an enclosure that isolates the pool from the house
2. removable mesh fencing (ASTM F2286) with a self-closing, self-latching gate
3. a safety pool cover (ASTM F1346-23)
4. exit alarms on doors and windows that open directly to the pool
5. self-closing, self-latching devices on those doors, released at least 54 inches up
6. a pool alarm (ASTM F2208; child-worn alarms don't count)
7. 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.

State sources: Health & Safety Code §115920 (Swimming Pool Safety Act) · Health & Safety Code §115921 (definitions) · Health & Safety Code §115922 (drowning prevention features) · Health & Safety Code §115923 (enclosure standards) · Health & Safety Code §115925 (exemptions) · City of South San Francisco, Required Permits & Work Exempt from Permit (quoting 2025 CRC R105.2)

Common questions about pool rules in California

Do I need a permit for a pool in California?: Yes, for most pools. Pools need a city building permit, and some cities, like Piedmont and Tiburon, also require design review. The 2025 Residential Code exempts prefabricated pools under 24 inches deep from a building permit, but cities may amend that.
What are the pool fence requirements in California?: A pool enclosure under state law must be at least 60 inches high, with 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. Your city may add its own barrier rules.
What pool safety features are required in California?: When a permit is issued for a new or remodeled pool or spa at a single-family home, it must have at least two of seven drowning prevention features. These include an enclosure isolating the pool, removable mesh fencing, a safety pool cover, exit alarms, self-closing door latches and a pool alarm. Some pairs, like a safety cover plus a pool alarm, don't count.
How close to the property line can a pool be in California?: It depends on your city; there's no state setback. In the cities we cover, it's typically 5 feet (Los Altos, Los Gatos, Manhattan Beach, Pasadena) or 6 feet to the water line in Saratoga, while Hillsborough requires 20 feet from side and rear lines unless the neighbor agrees in writing.
Does a hot tub count as a pool in California?: Usually yes. State law treats any structure with water over 18 inches deep, including hot tubs and spas, as a pool. Spas with a locking safety cover meeting ASTM F1346 are exempt from the state pool safety rules, but city setback and permit rules may still apply.

Swimming Pools in California: rules in 9 towns compared

Town-by-town comparison

California state rules for swimming pools

Common questions about pool rules in California

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