Imperial County Title 9 makes no separate exemption for above-ground pools. Any above-ground pool, on-ground pool or fixed wading pool over two feet deep is a regulated swimming pool subject to the same setbacks, five-foot enclosure, and adopted-code safety rules as in-ground pools.
The Title 9, Division 10 definition of swimming pool expressly includes above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools, drawing no distinction in safety treatment based on construction type. So an above-ground pool over two feet deep must still meet the five-foot enclosure and self-closing, self-latching gate requirements of Section 91003.01.F and the adopted California Residential Code Appendix V (Swimming Pool Safety Act). For placement, Division 5, Section 90501.16 requires that a pool be located in a rear or side yard (not the front yard); the distance between the pool and the property line must be five (5) feet or equal to the depth of the pool, whichever is greater; and the distance between the pool and a weight-bearing structure must be at least equal to the pool depth, with special engineering where needed. A minimum five-foot separation between a building wall and the pool wall is required to provide a safe walking surface and to avoid triggering equipotential-bonding retrofits on existing structures. Because the County definition turns on water depth rather than whether a pool is inflatable, portable or permanently installed, a deep portable or above-ground pool is regulated the same as a built-in pool. Owners should confirm permit applicability for a specific above-ground model with the Building Division.
Installing a deep above-ground pool without the required enclosure, setbacks or permit is a Title 9 violation enforceable by citation and abatement under Division 13. The pool may be ordered fenced or removed until it complies.
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