References
Municipal Code Chapter 20.30.500, Table 20-70

Minimum Setbacks for Pools, Spas, and Mechanical Equipment

Setbacks are measured from the property line to the nearest water line/edge. 

• Front Yard Setback, all lots: 30 feet
  
  
• Rear Yard Setback, all lots: 5 feet

• Side Yard Setback:
  • Interior lot:  5 feet
  • Corner lot, non-street side yard:  5 feet
  • Corner lot, street-facing side yard:  9 feet

Rear Yard Coverage Rules

The rear yard is the area from the rear wall of the main home to the rear property line across the full width of the lot.

• Maximum coverage by structures of rear yard including a built-in pool:  60%
• Maximum coverage of rear yard by structures without a built-in pool: 40% of which accessory buildings may not exceed 30%
• Eave projections of up to 2 feet do not count toward rear yard coverage

Exempted from the Enclosure Requirements:

• Public swimming pools
• Hot tubs or spas with locking safety covers that comply with ASTM F1346 are exempted from these requirements. 

References:
California Residential Code (CRC), Appendix AX 
California Swimming Pool Safety Act
American Society for Testing and Materials (ASTM) Specifications

New construction of swimming pools and spas OR remodels of swimming pools and spas on a single-family property must be completely enclosed by a fence, wall, or other durable enclosure and at least two more drowning-prevention features. 

1. Enclosure - The enclosure must isolate the swimming pool or spa from the home and meet CRC AX #115923 requirements:

• Any access gates through the enclosure must open away from the pool or spa and self-close with a self-latching device placed no lower than 60 inches above the ground.
• Minimum height: 60 inches
• Maximum vertical clearance from the ground to the bottom of the enclosure: 2 inches
• Gaps or voids, if any, must not allow passage of a sphere larger than 4 inches in diameter.
• The outside surface must be free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

2. Removable Mesh Fencing - Must meet ASTM Specifications F2286 standards. The fence is required to be or have:

• Minimum height from grade (both sides): 4 feet
• Minimum distance to edges of pool: 20 inches
• Self-closing, self-latching gate that can be locked with a key
• Latch that’s at least 54 inches above the ground
• Hinged gate with latch on the outside
• No gaps or voids that allow a sphere larger than 4 inches to pass through
• A surface free of protrusions, cavities, or other characteristics that could be used as a handhold or foothold 
• Vertical poles spaced far enough apart to prevent climbing by children 

3. Approved safety pool cover - Can be manually or power-operated. Must meet all ASTM performance standards in compliance with standard F1346-91.

4. Exit alarms, either battery-operated or hard-wired, on the home’s doors or windows that provide access to the swimming pool or spa area without any intervening enclosures. The device must make audible, continuous alarm sounds when such door or window is opened or is left ajar.

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the home’s doors that provide direct access to the swimming pool or spa.

6. A pool alarm placed in the pool or spa that will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. Note: A swimming protection alarm designed for individual use — including an alarm attached to a child — does not qualify as a drowning-prevention safety feature.

7. Other means of protection may be allowed if the degree of protection afforded is equal to or greater than any of the above features and that has been independently verified by an approved testing laboratory as meeting standards established by the ASTM or the American Society of Mechanical Engineers (ASME).

A suction outlet is the fitting or fixture typically located at the bottom or the side of a swimming pool or spa that conducts water to a recirculating pump.

Requirements vary for new construction versus remodels as outlined below.

NEW CONSTRUCTION

The suction outlet must meet the following requirements:

1. Circulation - Shall provide circulation throughout the swimming pool or spa with capacity to completely turn over the water in:
   • ½ hour or less for a spa or spray ground;
   • one hour or less for a wading pool;
   • two hours or less for a medical pool;
   • six hours or less for all other types of swimming pools.
     
     
2. Suction - Shall have either:
   • At least two circulation suction outlets per pump that are hydraulically balanced and symmetrically plumbed through one or more “T” fittings and are separated by at least 3 feet in any direction between the suction outlets,
     OR
   • Use alternatives to suction outlets, such as skimmers or perimeter overflow systems, to conduct water to the recirculation pump.
     
     
3. Anti-entrapment grates - Suctions shall be covered with anti-entrapment grates as specified in the ANSI/APSP-16 performance standard or successor standard as designated by the Federal Consumer Product Safety Commission,. They cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a design that prevents physical entrapment and not pose any suction hazard to bathers.
   
   
4. Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the above requirements must meet the standards outlined in Guidelines for Entrapment Hazards: Making Pools and Spas Safer, March 2005, U.S. Consumer Product Safety Commission.

REMODEL OR MODIFICATION

Upgrade to include anti-entrapment grates - When a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the suction outlet/s must be upgraded to be equipped with anti-entrapment grates, as specified in the ANSI/APSP-16 performance standard* or a successor standard designated by the federal Consumer Product Safety Commission.

* Performance standard issued by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP). 

Inspections of swimming pools typically occur at seven junctures of the construction process. Important — Perform construction in the sequence as outlined below to enable these inspections.

1. Underground Electrical Inspection - Occurs after installing the underground electrical conduits

• Leave all work completely exposed until after the inspection has been approved.

2. Underground Plumbing Inspection - Occurs after installing gas and/or water lines and prior to backfill

• Installed gas lines must be tested with air. The gas pipe must hold a minimum 10 psi for 15 minutes using a test gauge with 1/10 lb. increments.
• Ferrous gas pipe must be factory-coated. All joints must be protected per UPC Installation Standards for Protectively Coated Pipe.
• Plastic gas pipe must be installed per UPC Installation Standards for Polyethylene (PE) for Gas Yard Piping.
• No gas piping shall be installed in or on the ground under any structure. ƒ
• See 2007 CPC section 1211.1.6 for complete details and exceptions.

3. Pre-Gunite Inspection - Occurs after excavating the pool and installing all reinforcement steel ƒ

• Setbacks are checked and preliminary check of overhead wire clearances.
• Forming shells of light niche fixtures with extended raceway must be installed and bonded to the reinforcement steel; a minimum of four deck bond tails uniformly spaced around the perimeter of the pool will be checked, in addition to bond tails to forming shells and metal fittings.

4. Potting Inspection - Occurs after the pool is gunited

• Light fixtures on top of the pool deck coving will be checked.
• All light fixtures require a No. 8 copper insulated ground wire that must terminate at the inside of the forming shell.
• The ground terminal on the light fixture shell must be coated with a UL listed potting compound.
• Leave the potting compound package next to the light fixture; the City inspector will verify that it is an appropriate type.

5. Pre-Deck Inspection - Occurs after installing deck reinforcing steel and before placing pavers or concrete for the pool deck

• Ground all metal parts around the pool to reduce the threat of shock hazard.
• Pool deck steel reinforcement must be tied together with tie wires at all rebar intersections; ties must be wrapped tightly.
• Reinforcing steel or metal wire mesh must be bonded to bond coil originating from the forming shell.

Note #1: ALL METAL within 5 feet of the water’s edge must be bonded together unless separated by a permanent barrier. This includes but is not limited to:

• deck rebar steel
• diving boards
• forming shells (housing light fixtures)
• metallic pool equipment (such as filter housing)
• pool equipment motors
• steel rebar reinforcement
• slides
• ladders
• pool cover motors
• metallic fences

Bonding clamps must be installed per their listing. Bonding clamps for direct burial or concrete encasement must be brass, copper, or copper alloy.

Note #2: Code requires an Equipotential Bonding Grid to extend under paved and unpaved walking surfaces for 3 feet horizontally beyond the inside walls of the pool. Acceptable grids around the perimeter of the pool may be any of the following:

• Structural reinforcing steel rods in the deck must be minimum #3 rebar in an 18”X18” pattern at least 3 feet around the pool. The deck reinforcing steel rods must be bonded to the pool reinforcing steel with at least one #8 solid copper bonding jumper. 
  OR
• Wire mesh at least 3 feet wide around the perimeter of the pool. The wire mesh must be in the deck and bonded to the pool reinforcing steel with a #8 solid copper conductor at a minimum of four points uniformly spaced around the perimeter of the pool.
  OR
• At least one #8 AWG bare solid copper conductor within 18" to 24" from the inside walls of the pool following the contour of the pool, securely fastened in place within 4" to 6" below the grade. The perimeter surface copper conductor must be bonded to the pool reinforcing steel with a minimum of four #8 solid copper bond tails uniformly spaced around the perimeter of the pool. 

6. Pre-Plaster Inspection

• This inspection verifies that all safety features of the pool, including the required enclosure, are complete before the pool is plastered and ready for water. If the pool project is complete, except for plastering, this will be the Final Inspection and the permit will be approved as Final and the inspection process will be complete.

7. Final Inspection - Occurs after all other inspections are signed off. May be concurrent with the Pre-Plaster Inspection.  

Backflow requirements note: Swimming pool plumbing systems are closed systems and are not regulated in the Plumbing Code. Therefore, they are not inspected by a City inspector. However, when a water pipe inlet is installed to re-fill a pool, it must comply with backflow requirements per the Plumbing Code (UPC).

Draw plans to scale on an 18"x24" minimum sheet size with a minimum 1/4" per foot scale.

Plans should show the structural integrity of the pool’s construction and compliance with zoning codes, setback requirements, and state swimming pool/spa safety requirements. 

Plot plan, show: 

• Site plan including dimensions of the parcel. Show property lines and streets.
• Pool/equipment location; show dimensions and distances to property lines, structures.
• Front property line distance to the closest point of the pool and pool equipment. 
• Location/dimensions of all structures on site (dwelling, garage, sheds, etc.)
• All visible utilities such as power lines, power poles, and transformers.
• If present, show location of the PG&E lines dropping to the house.
• Indicate the height of any power lines that are over the proposed pool.
• Location of existing trees; show tree’s circumference as measured 4.5 feet above ground. Removal of an ordinance-size tree requires a Tree Removal Permit.

Grading plan (required if parcel is not flat), show:

• Lot drainage including any new drainage systems.
• Retaining walls, if applicable. Show location and structural details. View retaining wall permit requirements.

Detail Sheets - Standard details from Master File Plans are acceptable only if:

• Standard plans must be stamped and reference current codes.
• Details must be clearly indicated; cross out details that will not be used.
• Details must be referenced on the plot plan or other plan view. Clearly mark the specific area of the pool to which the detail applies. 

The permit is issued during your visit if plans and documents are accurate.  

TO QUALIFY

The project:

• Swimming pools must use an approved Master file that uses the most current building codes
• Must use conventional framing and codes; no engineered designs
• Cannot be located in an easement; see Design Considerations for allowances for a wire easement
• Cannot include removal of an ordinance-size tree. If tree removal is necessary, obtain the tree removal permit prior to applying for OTC Service.

The property:

• Cannot be in a Planned Development Zoning District (check Zoning Map)
• Cannot be in Flood Zone A, AE, AH, or AO. See Flood Hazard Zone Map or call 408-535-7803 or email floodzoneinfo@sanjoseca.gov.
• Cannot be in a Geohazard or Seismic Hazard Landslide zone; view the property information at www.SJPermits.org.
• Cannot be in a Wildland Urban Interface (WUI) area (WUI Policy, page 3)
• Cannot have code violations or a code enforcement case
• For properties on the City’s Historic Resources Inventory - Obtain a clearance from the Planning Division before using this service. A building permit will not be issued without this clearance.

If the project does not meet each criterion, use the Standard Plan Review Service.

TO APPLY 

See "Prepare the Permit Application Package." 

Come to the Permit Center at City Hall. No appointment is needed. Follow these steps:

Step 1. Skip printing out the plans and forms and instead Upload Your Project Files any time before you visit the Permit Center.

OR bring 2 (two) copies of the plans and forms to the Permit Center. 

Step 2. Allow at least one hour for this visit and arrive before 3:00 p.m. as counter tickets are not issued thereafter. Upon arrival, go to the self-serve ticket kiosk by the round reception desk and select "Building Walk-In Service." Take the ticket. You will be called to a numbered counter.  

We look forward to serving you!

For the submittal, see “Prepare the Permit Application Package.”

This service uses online platforms. You will first apply at SJPermits and then upload documents through SJePlans. A City plan reviewer will review the plans and send comments to the ePlan Applicant through SJePlans. After the plans are approved and final fees are paid, then the building permit will be issued. Follow these instructions:

* Standard Plan Review Service *

We look forward to serving you.