Stanislaus County treats above-ground pools the same as in-ground pools. Any structure holding water over 18 inches deep, including above-ground pools, hot tubs and spas, is a “swimming pool” subject to the barrier requirements and the Zoning Ordinance's three-foot side and rear setback.
Under the County's published Swimming Pool Barrier Requirements, a “swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over 18 inches deep, and expressly includes both in-ground and above-ground structures — hot tubs, spas, portable spas and non-portable wading pools. As a result, above-ground pools over 18 inches deep are subject to the same California Swimming Pool Safety Act barrier rules (at least two of seven drowning-prevention features) that apply to in-ground pools when a building permit is issued for a new single-family-home pool or spa. The County Zoning Ordinance Section 21.08.065(B) sets placement standards that apply to all private pools: pools shall not be located closer than three feet from any side or rear property line, and no pool may be located closer than the minimum depth required for the front yard or the street-side yard of a corner lot. Distances from other structures are governed by the building code. Filter and heating systems may encroach into a side or rear yard provided a net two-foot clear adjoining passageway remains past the equipment. Lot coverage by a swimming pool is not counted toward the maximum building lot coverage. Owners should confirm permit requirements with the Building Permit Division before installing an above-ground pool.
Installing an above-ground pool inside the three-foot setback, or without the required barrier features for a permitted pool, can trigger correction notices and failed inspections under the same rules that apply to in-ground pools.
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