HSC §115922: California Swimming Pool Safety Act Guide
HSC §115922 requires two of seven drowning prevention features when a building permit is issued for a new or remodeled single-family pool or spa. The seven features, the pairs that do not count, the enclosure rules and who checks.
California Health and Safety Code §115922 requires that when a building permit is issued for a new swimming pool or spa, or for remodeling an existing one, at a private single-family home, the pool or spa be equipped with at least two of seven drowning prevention safety features. The section is the core of the Swimming Pool Safety Act (HSC §§115920 to 115929), and the local building official checks the features before final approval of the permit.
This guide sets out what the current text requires, when it applies and when it does not, the seven features as the statute describes them, the three pairs that do not count, the enclosure specification in HSC §115923, who checks compliance, and how the law reached its present form.
What HSC §115922 requires
The operative sentence is short. Subject to the exemptions in §115925 and the pairing rule in subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa shall be equipped with at least two of the following seven drowning prevention safety features.
The seven HSC §115922(a) safety features, from a 60-inch enclosure barrier to an independently verified alternative.
Three words carry the rule:
Permit. The duty attaches when the building permit is issued. Nothing in the section applies to a pool that is simply owned, used, sold or rented without a permit. Our guide to building a pool follows a new pool from permit to final.
Two. The owner chooses which two of the seven features to install. The statute does not rank them, but BPC §7195 requires a home inspection report to state that an isolation fence is the most studied and effective feature, citing the American Academy of Pediatrics.
Single-family home. The section covers private single-family homes. Public pools, apartment complexes and every other residential setting are excluded by §115925 and governed elsewhere.
The definitions in HSC §115921 decide what counts as a pool. A swimming pool is any structure intended for swimming or recreational bathing that contains water over 18 inches deep, in-ground or above-ground, and the definition names hot tubs, spas, portable spas and nonportable wading pools. An enclosure is a fence, wall or other barrier that isolates the pool from access to the home. Our above-ground pool guide applies the definitions to a pool that stands above the ground.
When the rule applies, and when it does not
Situation
Does HSC §115922 apply?
What applies instead
Building permit for a new pool or spa at a single-family home
Yes, two of seven features before final approval
HSC §115928 suction outlet rules at the same permit
Building permit to remodel an existing pool or spa
Yes, two of seven features before final approval
HSC §115928.5 drain grate upgrade at the same permit
Sale of a home with a pool, no permit
No construction duty
BPC §7195: the home inspection report identifies which features exist and states if fewer than two
Existing pool, no permit and no sale
No
Nothing in the Act; local ordinances may apply
Hot tub or spa with a locking ASTM F1346 cover
No, exempt under §115925(b)
Public pool, apartment complex, any non-single-family setting
No, exempt under §115925(a) and (c)
Separate public pool law
Whether a given repair needs a permit is a question for the city or county building department, not the statute. If the department issues a permit for the work, the two-feature duty comes with it.
The seven drowning prevention safety features
The list below follows the numbering in HSC §115922(a). The middle column paraphrases the statute; the right column is what an inspector or building official looks for on site.
#
Feature as the statute describes it
What qualifies
1
An enclosure that meets HSC §115923 and isolates the pool or spa from the home
A fence or wall at least 60 inches high, gaps under 4 inches, no more than 2 inches off the ground, gates that open away from the pool, self-close and self-latch with the latch at least 60 inches above the ground
2
Removable mesh fencing meeting ASTM International F2286, with a gate that is self-closing and self-latching and can accommodate a key lockable device
The F2286 label on the fencing, and a gate that closes and latches on its own; see the mesh fence guide
3
A manually operated or power-operated safety pool cover accompanied by a label verifying it meets ASTM F1346-23
The label. Solar blankets and winter tarps carry no F1346 label; see the safety cover guide
4
Exit alarms on the home's doors and windows that give direct access to the pool or spa without an intervening enclosure, sounding a continuous alarm or a repeating verbal warning whenever the opening is opened or left ajar; battery or hard-wired
An alarm on every qualifying door and window, sounding when tested; see the door alarm guide
5
A self-closing, self-latching device with a release mechanism no lower than 54 inches above the floor, on the home's doors that give direct access to the pool or spa
The device on each qualifying door, latching on its own, release measured from the floor
6
An alarm in good repair and operable as designed that, placed in the pool or spa, sounds on accidental or unauthorized entry, independently certified to ASTM F2208
The F2208 certification and a working alarm. A wearable alarm attached to a child does not qualify
7
Other means of protection giving equal or greater protection, independently verified by an approved testing laboratory as meeting standards of ASTM, ASME or another nationally recognized standards body, with a label
The laboratory verification and the label
Two numbers in this list are often confused. The 54 inches above the floor in feature 5 applies to a door from the house. The 60 inches above the ground for a gate latch comes from HSC §115923 and applies to the enclosure gate in feature 1. Our gate latch guide covers both.
The three pairs that do not count
Since January 1, 2025, HSC §115922(b) lists combinations that do not satisfy the two-feature requirement:
Pair
Why the statute rejects it
An exit alarm and a self-closing, self-latching device on the same door
Both protect the same opening
An exit alarm and a door latch on separate doors
Both are door hardware between the house and the pool
A safety pool cover and the in-water alarm in paragraph (6)
The statute lists the pair as insufficient
In practice the doors from the house can supply at most one of the two features. The second comes from an enclosure, removable mesh fencing, a labeled cover, an in-water alarm or an independently verified alternative, subject to the cover-and-alarm exclusion.
The enclosure specification in HSC §115923
Feature 1 points to HSC §115923, the only section of the Act that gives measurements. An enclosure must have all of the following:
An isolation enclosure stands at least 60 inches above exterior grade, with openings of 4 inches or less and 2 inches under.
Gates open away from the pool, are self-closing, and have a self-latching device placed no lower than 60 inches above the ground.
Height of at least 60 inches.
Ground clearance of no more than 2 inches from the ground to the bottom of the enclosure.
Gaps or voids, if any, that do not allow passage of a sphere 4 inches or more in diameter.
An outside surface free of protrusions, cavities or other handholds and footholds that could let a child under five climb over.
The section has not changed since the Act was adopted in 1996. It names no material: wrought iron, wood, masonry, glass panels and mesh all qualify if they meet the five characteristics. The barrier requirements guide walks through measuring each one.
Who checks compliance
At the permit. HSC §115922(c) requires the local building code official to inspect the drowning prevention safety features before issuing final approval for the permitted work, and to give final approval if no violations are found. Anyone contracting to build a pool or spa, or to do permitted work on one, must give the consumer notice of the Act's requirements under HSC §115924.
At a sale.BPC §7195 requires a paid home inspection at the transfer of a one to four unit dwelling with a pool or spa to include a noninvasive examination of the pool and the dwelling to identify which of the seven features are present, in good repair, operable as designed and, if applicable, appropriately labeled. The report must specifically state if the pool has fewer than two, and must carry the statement about isolation fences. The inspector is not asked to determine whether a feature meets the ASTM or ASME specification. The BPC §7195 guide covers the report duties.
No fine. The Act contains no misdemeanor, fine or jail term. Its force is the permit approval and the disclosure at sale. HSC §115927 reserves further modification of the Act to local jurisdictions through §115922(a)(7) and §115925.
The checklist is the statute. PoolVerify's California template lists the six physical HSC §115922(a) features as checklist items, with the seventh, other means of protection, documented in notes. Each item asks for the measurement or label the statute names, takes photos, and the PDF report states which features are present and whether the pool has fewer than two. See the checklist.
Drains are a separate section
Suction entrapment is not one of the seven features. It is covered by HSC §115928 and §115928.5, which apply at the same building permit:
A new pool or spa must have suction outlets that provide circulation, with at least two outlets per pump, hydraulically balanced and at least three feet apart, or an alternative such as skimmers or a perimeter overflow system. Outlets must be covered with anti-entrapment grates meeting ANSI/APSP-16 (or the CPSC's successor standard) that cannot be removed without tools.
A remodel permit must require existing suction outlets to be upgraded to ANSI/APSP-16 grates.
The Swimming Pool Safety Act takes effect; a permitted new or remodeled single-family pool needs one of seven features, and the enclosure specification in §115923 is set
Stats. 1996, Ch. 925
January 1, 2018
SB 442 (Newman) raises the requirement to two of seven, and adds the pool duties to the definition of a home inspection and a home inspection report in BPC §7195
Stats. 2017, Ch. 670
January 1, 2025
SB 552 (Newman) recasts the cover, exit alarm, in-water alarm and other means features, adds the three rejected pairs in §115922(b), and requires BPC §7195 reports to state whether each feature is in good repair, operable and labeled, with the isolation fence statement
Stats. 2024, Ch. 769
January 1, 2027
Deadline for the State Department of Social Services to adopt drowning prevention standards for pools at facilities it licenses, under the rewritten §115926
Stats. 2024, Ch. 745 (AB 2866)
The 2017 bill was SB 442. A different bill from the same session, AB 3205, concerns school door locks and is sometimes cited for pool safety by mistake.
Limitations
This guide is general information about California law, not legal advice. The current text of HSC §115922, §115923 and §115925 on leginfo.legislature.ca.gov controls, and the building department that issues the permit may apply additional local requirements. Public pools and apartment complexes are governed separately. PoolVerify is inspection software for California residential pool safety inspections; it does not perform inspections, certify inspectors, or issue compliance certificates.
Frequently asked questions
Does HSC §115922 apply to an existing pool?
Only when a building permit is issued to remodel it. HSC §115922(a) is triggered by the permit for new construction or remodeling of a pool or spa at a private single-family home. A pool that is neither built nor remodeled under a permit has no duty under the section, although a home inspection report at a sale must still identify which features it has under BPC §7195.
Do hot tubs and spas count as swimming pools under HSC §115922?
Yes. HSC §115921(a) defines a swimming pool as any structure intended for swimming or recreational bathing that holds water over 18 inches deep, and names hot tubs, spas, portable spas and nonportable wading pools. One exemption applies: under HSC §115925(b), a hot tub or spa with a locking safety cover that complies with ASTM F1346 is outside the article.
Can a safety cover and a pool alarm be my two features?
No. HSC §115922(b)(3) says the two-feature requirement is not satisfied by a safety pool cover together with the in-water alarm described in paragraph (6). The other pairs the statute rejects are an exit alarm and a self-closing, self-latching device on the same door, and an exit alarm and a door latch on separate doors.
Can a door alarm and a self-latching device on the same door count as two features?
No. HSC §115922(b)(1) rejects an exit alarm and a self-closing, self-latching device on the same door, and §115922(b)(2) rejects an exit alarm and a door latch on separate doors. The doors from the house can supply at most one of the two features; the second must be an enclosure, mesh fencing, a labeled cover, an in-water alarm or an independently verified alternative.
Who checks that a new pool has two features?
The local building code official. HSC §115922(c) requires the official to inspect the drowning prevention safety features before giving final approval for the permitted construction or remodeling work, and to give final approval only if no violations are found. The check happens at the permit, not through a separate state inspection program.
Are anti-entrapment drain covers one of the seven features?
No. Drain covers are governed by HSC §115928 and §115928.5, which require ANSI/APSP-16 anti-entrapment grates and, for a new pool, two suction outlets per pump at least three feet apart or an alternative such as skimmers. Those sections apply at the same permit but are separate from the seven drowning prevention features in HSC §115922(a).
Is there a fine for not having two safety features?
The Swimming Pool Safety Act sets no fine or jail term. Its enforcement is the building permit: under HSC §115922(c) the local building official withholds final approval until the features pass inspection. At a sale, BPC §7195 requires the home inspection report to state specifically if the pool has fewer than two of the seven features.
What did SB 552 change on January 1, 2025?
SB 552 (Stats. 2024, Ch. 769) recast the cover feature to require a label verifying ASTM F1346-23, extended exit alarms to windows with direct pool access and allowed a repeating verbal warning, required the in-water alarm to be in good repair and operable as designed, added the three pairs that do not satisfy the requirement, and amended BPC §7195 so home inspection reports state whether each feature is in good repair, operable and labeled.
Conclusion
HSC §115922 is a permit rule: a new or remodeled single-family pool or spa needs two of seven drowning prevention features, chosen by the owner, not drawn from the three rejected pairs, and inspected by the building official before final approval. The enclosure in HSC §115923 is the only feature with measurements in the statute, and at a sale BPC §7195 turns the same seven features into a required section of the home inspection report.
PoolVerify puts the seven features into a California checklist with the measurement, the label and a photo on each item, and generates the PDF report on-site. Start your 14-day free trial, no credit card to start.
A branded PDF with the compliance summary, the feature table, each finding with its photos, and the signature, generated on‑site when the BPC §7195 and HSC §115922 checklist is complete.
