Do you think an Inground Swimming Pool Should Have to fall under Zoning Review

[ICE]

Depending on the depth and size of any hole in the ground there could be a negative effect on the foundation of a building/structure that is located in close proximity to the hole. A swimming pool is a hole in the ground with water in it.

There are a lot of factors that would need to be known before a determination could be made if it would negatively affect an adjacent building. Types of soils, seismic zone, depth of pool, depth of foundation to name a few

A 45° line from the bottom of any footing has to miss the wall of the pool or a surcharge detail for the pool wall must be followed.

 

[Yankee Chronicler]

You have another discussion thread on this problem already -- why do you think starting a second discussion will result in a different answer?

Building codes are not concerned with setbacks. That's a zoning issue. Unless a building official is also a/the zoning enforcement officer, a building official is not -- and should not be -- concerned with enforcing zoning regulations. Speaking for my state, we can't issue a building permit without a sign-off from the zoning department, but we are NOT authorized or empowered to second guess them when they give us a sign-off.

We do regulate swimming pools. This state has adopted the 2021 International Swimming Pool and Spa Code. The only reference I can find in that to setbacks, or any other dimensional clearance around an in-ground pool, is a requirement for a clearance of 20 inches between a pool and a mesh barrier.

Your issue, in my opinion, is with the zoning officials, not the building officials.

 

[Joe.B]

You have another discussion thread on this problem already -- why do you think starting a second discussion will result in a different answer?

You already responded to the other discussion, why do you think responding here is necessary?

Building codes are not concerned with setbacks.

Not exactly true, there are several aspects of building codes that involve "setbacks".

Your issue, in my opinion, is with the zoning officials, not the building officials.

If it wasn't before, it will be now...

 

[SCBO1]

Can I ask you how you determined the setbacks, are you using GIS or an actual survey?

Are you measuring from the waters edge or the concrete pool deck or pool wall?

Here zoning determines setbacks for a pool and structures and typically further away from P/L than building codes.

Your HOA can be more restrictive.

 

[frustratedinaz]

Sorry I was being transparent as to why I was asking and it's a different question to me since it was just generic about how they are recorded on the permit documents.

In our county apparently they department use and verify them for different things and different departments apparently verify different types of permits so I assumed this was the better forum to ask it in.

Sorry if I was wrong.

 

[frustratedinaz]

And in our County it's the building inspectors who must verify them also.

 

[Yankee Chronicler]

Not exactly true, there are several aspects of building codes that involve "setbacks".

The IRC uses the term "setback" in several places. They occur in discussions of the setback of equipment from roof edges, and setback of foundations from the toe or top of slopes -- but the IRC does not discuss zoning setbacks from property lines.

The IRC also regulates fire separation distance, which is a type of setback but doesn't use the term "setback." And fire separation distance would not apply to a swimming pool.

 

[Joe.B]

The IRC uses the term "setback" in several places. They occur in discussions of the setback of equipment from roof edges, and setback of foundations from the toe or top of slopes -- but the IRC does not discuss zoning setbacks from property lines.

The IRC also regulates fire separation distance, which is a type of setback but doesn't use the term "setback." And fire separation distance would not apply to a swimming pool.

Yup, that's why I said, "not exactly true". You and I know this, but to those that are not on our side of the counter they might take your rather crass statement the wrong way.

 

[jar546]

I moved the duplicate thread to this area and then merged the two together. Please keep this on topic.

 

[frustratedinaz]

Thanks again for all the responses and sorry for what you consider a duplicate post. The members here have given me some more issues to think think about and research so thanks again.

 

[frustratedinaz]

Just in case anyone else comes across this in my similar situation in the future and for you in the field that your ordinances don't define a swimming pool here are the legal cases I found that support that a pool is indeed a structure. There were some that did not consider a tennis court a structure due to it being similar to parking area or patio and I forgot to save those links. But as I have tried to argue as far as a pool it is constructed, requires location on the ground, typically even in-ground pools have required safety barriers and ladders along with pool equipment making them not level with the ground.

The casetext summary is "In Scott v. Board of Appeal of Wellesley (356 Mass. 159) the Supreme Judicial Court of Massachusetts in considering the issue concluded that an in-ground swimming pool, located a few feet from the neighboring property line, was for the purposes of the yard setback requirements a "structure"."
https://casetext.com/case/scott-v-board-of-appeal-of-wellesley

My summary of Corter v. Zoning Board or Appeals is that the court affirmed the Building Inspector's decision denying a permit for an in-ground pool finding it a "structure"|
https://casetext.com/case/corter-v-zoning-bd-of-appeals

My summary of City of West Haven v. Gamelin is that the court ordered the defendant to remove an ABOVE GROUND swimming pool that did not meet the city's zoning regulations.
https://casetext.com/case/city-of-west-haven-v-gamelin-no-cvnh-9708-8389-aug