Tustin's pool definition expressly includes above-ground pools that hold water more than 18 inches deep. They require the same building permit, design review, setbacks, and Swimming Pool Safety Act barrier features as in-ground pools. Pools must sit at least five feet from any side or rear lot line.
The city's pool/spa user guide defines a 'swimming pool' (per HSC 115921) as any structure intended for swimming or recreational bathing that contains water over 18 inches deep, including in-ground and above-ground structures and including, but not limited to, hot tubs, spas, portable spas, and non-portable wading pools. As a result, an above-ground pool deep enough to meet that definition is treated like any other pool: it requires a Tustin building permit and concurrent planning design review, must satisfy the Swimming Pool Safety Act enclosure-plus-one-feature requirement, and must meet the city's zoning setback. Tustin's zoning requirement (Tustin City Code Section 9271i) provides that swimming pools in residential districts shall not be located closer than five (5) feet to any side or rear lot line, nor within certain described setback areas. Heater and filter units must be located in the rear or side yard and screened from view, and any pool-area lighting must be shielded to confine direct light rays to the subject property to minimize spill-over onto neighbors. Because the barrier and safety provisions of the Safety Act apply by water depth rather than pool type, an above-ground pool wall may form part of the required enclosure only if it independently meets the 60-inch height and anti-climb characteristics of HSC 115923. Smaller portable wading pools under 18 inches deep fall outside the pool definition.
Installing a qualifying above-ground pool without a permit or required barrier exposes the owner to code enforcement, denial of final approval, and Swimming Pool Safety Act civil penalties up to $1,000 per violation under HSC 115928.
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