scope:

General Comments

The law of building regulation is grounded on the police power of the state. In terms of how it is used, this is the power of the state to legislate for the general welfare of its citizens. This power enables passage of such laws as a swimming pool and spa code. It is from the police power delegated by the state legislature that local governments are able to enact building regulations. If the state legislature has limited this power in any way, the municipality may not exceed these limitations. Although the municipality may not further delegate its police power (e.g., by delegating the burden of determining code compliance to the building owner, contractor or architect), it may turn over the administration of building regulations to a municipal official, such as a code official, provided that he or she is given sufficient criteria to clearly establish the basis for decisions as to whether a proposed swimming pool or spa conforms to the code.

Chapter 1 is largely concerned with maintaining due process of law in enforcing the performance criteria contained in the code. Only through careful observation of the administrative provisions can the code official reasonably hope to demonstrate that equal protection under the law has been provided. Although it is generally assumed that the administrative and enforcement sections of a code are geared toward the code official, this is not entirely true. The provisions also establish the rights and privileges of the design professional, contractor and swimming pool or spa owner. The position of the code official is merely to review the proposed and completed work and determine whether a swimming pool or spa installation conforms to the code requirements. The design professional is responsible for the design of a safe swimming pool or spa.

The contractor is responsible for installing the swimming pool or spa in strict accordance with the plans.

During the course of the construction of a swimming pool or spa, the code official reviews the activity to make sure that the spirit and intent of the law are being met and that the swimming pool or spa provides adequate protection of public health. As a public servant, the code official enforces the code in an unbiased, proper manner. Every individual is guaranteed equal enforcement of the code. Further, design professionals, contractors and building owners have the right of due process for any requirement in the code.

Purpose

A swimming pool and spa code, as with any other code, is intended for adoption as a legally enforceable document to safeguard health, safety, property and public welfare. A swimming pool and spa code cannot be effective without adequate provisions for its administration and enforcement. The official charged with the administration and enforcement of pool and spa regulations has a great responsibility, and with this responsibility goes authority. No matter how detailed the swimming pool and spa code may be, the code official must, to some extent, exercise judgment in determining compliance. The code official has the responsibility for establishing that pools and spas are designed and constructed to be reasonably free from hazards associated with the presence and use of the pools and spas. The code is intended to establish an acceptable level of safety.