So as to protect children, the fencing requirements for swimming pools and balcony railings are similar. Each city and county has its own regulations. For example, as of August 2005, Los Angeles County requires that:
openings, holes or gaps in the enclosure shall not allow the passage of a 4 inch diameter sphere. The bottom of the enclosure shall be within 2 inches of the finish grade. The enclosure shall be designed and constructed so that it cannot be readily climbed by small children. Horizontal and diagonal member designs, which might serve as a ladder for small children, are prohibited. Horizontal members shall be spaced at least 48 inches apart . . .
Recommendation: Associations must check with the Department of Building and Safety in their city or county for the building codes that apply to their property.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.