Above-ground residential pools in unincorporated Lee County generally require a building permit and must meet the same Florida Residential Swimming Pool Safety Act barrier or approved-cover requirements as in-ground pools. The pool wall or a removable ladder may form part of the barrier if it meets FS 515.29.
Florida does not exempt above-ground pools from the Safety Act. FS 515.25 defines a residential swimming pool as any structure over 24 inches deep intended for swimming, which captures typical above-ground pools. FS 515.29 allows the pool structure itself to serve as the barrier where the sides are at least 48 inches high and any access ladder or steps are removable, lockable, or enclosed. Lee County reviews above-ground pool permits through the Building & Permitting Services division under the Florida Building Code. Setback and accessory-structure placement rules in the Land Development Code also apply.
An above-ground pool without a required permit or compliant barrier can be red-tagged by Lee County DCD and cannot pass final inspection until corrected.
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See how Lee County's above-ground pools rules stack up against other locations.
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