Cal. Civ. Code § 5:10-6.5
Outdoor pools
Operative Text
Outdoor swimming pools, decorative pools, reflecting pools and artificial fish ponds which contain 24 inches or more of water shall be protected by a fence, wall, building, enclosure or solid wall of durable material of which the pool itself may be constructed so as to afford no external handholds or footholds, of materials which are impenetrable by toddlers, and shall be at least four feet in height and equipped with a self-closing and self-latching closure mechanism not more than six inches below the top of the gate and provided with hardware for permanent locking.
Under N.J.A.C. § 5:10-6.5, any outdoor swimming pool, decorative pool, reflecting pool, or artificial fish pond holding 24 inches or more of water must be surrounded by a barrier—such as a fence, wall, or building enclosure—made of durable, toddler-impenetrable material that offers no external handholds or footholds. The barrier must stand at least four feet tall and include a self-closing, self-latching gate mechanism positioned no more than six inches below the top of the gate, along with hardware capable of being permanently locked. This rule is designed to prevent unsupervised access to water features that pose a drowning hazard, particularly for young children.
Plain English — not legal advice.
Property owners and managers subject to N.J.A.C. § 5:10-6.5 generally maintain compliant barriers around all qualifying water features—those holding 24 or more inches of water—by ensuring the enclosure reaches at least four feet in height and is constructed of materials that toddlers cannot penetrate or climb. Compliant operators routinely inspect gate hardware to confirm that self-closing and self-latching mechanisms function properly and that the latch is positioned no more than six inches from the top of the gate. Keeping records of inspections and any repairs to pool enclosures can support a showing of ongoing compliance during housing inspections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.A.C. § 5:10-6.5, tenants living in properties with outdoor pools or similar water features holding 24 or more inches of water have an interest in ensuring those features are properly enclosed with a compliant barrier and functioning self-latching gate. If a pool enclosure appears to be missing, damaged, or otherwise non-compliant, tenants may report the condition to the local municipal housing or code enforcement office, which oversees compliance with New Jersey's housing maintenance standards. Tenant-rights organizations can help explain available options, including how a code violation might be raised in other housing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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