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Violation

California Code § 101238(e)Pool Access Prevention

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type B, generalAffects Child Care Centers
ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 101238(e) actually says

California Code § 101238(e)

All licensees shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water, through a pool cover or by surrounding the pool with a fence.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

Inspectors don't just check if you have a pool fence. They test it. They'll push on gates, look for gaps at the bottom, and check that latches self-close and self-lock. If your pool cover is your primary barrier, they'll check if a child could slip under the edges. The biggest red flag is a gate propped open with a rock or a wedge, even temporarily during a delivery. With only 3 citations in Los Angeles County in the last 90 days, this is low-frequency but high-severity. A pool access violation can escalate to a Type A citation fast because it's an immediate risk to child safety.

By the numbers

0*CCLD
facilities cited in the last 90 days

That is 1 in 100 facilities CCLD inspected.

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

0*CCLD
counties where this citation appeared

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

126*CCLD
rank among most-common citations

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

Trajectory
No citations in the past 90 days

Last 90 days vs. previous 90 days.

Public record

Check any facility for § 101238(e)

Free public record. No account needed.

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FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is Pool and Water Safety Barriers?
California Code Section 101238(e) requires all licensees to make pools, hot tubs, spas, fish ponds, and similar bodies of water completely inaccessible to children through a pool cover or surrounding fence. This applies to in-ground pools, above-ground pools, and fixed-in-place wading pools, and it extends to decorative water features as shallow as 12 inches. If a child could physically reach or fall into any body of water on your property, you need a barrier that prevents access at all times during operating hours.
How common is this citation?
According to California CCLD inspection records as of March 15, 2026, 3 facilities have been cited for this violation in the past 90 days across 1 California county. The citation rate sits at roughly 1 in 13,333 inspected facilities. All 3 citations occurred in Los Angeles County. While the frequency is low, pool access violations are high-severity because they represent an immediate risk to child safety and can escalate to a Type A citation.
What triggers this citation during an inspection?
Inspectors physically test your barriers. Based on CCLD inspection patterns, they push on fence gates, check that latches self-close and self-lock, measure gaps at the bottom of fencing, and look for objects near the fence that a child could climb. A gate propped open with a rock during a delivery gets documented with the exact time observed. If your pool cover is the primary barrier, inspectors check whether a child could slip under the edges. Even temporary access during yard work triggers a write-up.
How can I prevent this citation?
Install a self-closing, self-latching gate around every body of water on your property, including fish ponds. Check fence integrity monthly for shifted panels, stuck latches, or gaps wider than 4 inches at the bottom. Never prop gates open for any reason during operating hours. Post a written rule for staff and delivery drivers that the pool gate stays closed. Add a fence check to your daily opening routine before children arrive.
What should I do if I receive this citation?
Fix the barrier immediately. If it's a broken latch or shifted panel, repair it the same day and photograph the fix with a timestamp. If you lack a proper fence, contact a contractor and document the timeline in your Plan of Correction. Until the permanent fix is in place, block access with a secondary barrier and increase staff supervision near the area. For complex situations, consider consulting a licensed childcare compliance specialist.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed child care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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