Merced, CA Swimming Pools & Spas: Above-Ground Pools (2026)

The City of Merced's Zoning Code does not draw a separate category for above-ground versus in-ground pools; both fall under "Swimming Pools" in the residential accessory-structure rules of MMC Section 20.28.020.D. That section requires a minimum 5-foot setback from all property lines (unless the building code allows otherwise) and requires fences, barriers, and equipment areas to be provided as required by the building code and state law. Because an above-ground pool is a structure capable of holding water at a depth covered by the California Residential Code, it is subject to the same permitting under Title 17 and to Appendix CI (Swimming Pool Safety Act) adopted by MMC Section 17.05.010. The Swimming Pool Safety Act applies to pools and spas that can hold water above a regulated depth, so a deeper above-ground pool must still provide the required drowning-prevention features under HSC Section 115922. In practice, an above-ground pool may use its own rigid wall height as part of a barrier solution if it meets the 60-inch and gap requirements and any ladder or access point is secured, but compliance is verified at building inspection. Owners should confirm whether their specific pool meets the regulated depth and barrier criteria with the Merced Building Division before installation.