Chapter 1 Scope and Administration
Part 1—Scope and ApplicationSection 101 Scope and General Requirements
[A] 101.1 Title.
These regulations shall be known as the Swimming Pool and Spa Code of [NAME OF JURISDICTION], hereinafter referred to as “this code.”
[A] 101.2 Scope.
The provisions of this code shall apply to the construction, alteration, movement, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.
[A] 101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted.
[A] 101.2.2 Flotation tanks.
Flotation tank systems intended for sensory deprivation therapy shall not be considered to be included in the scope of this code.
[A] 101.3 Purpose.
The purpose of this code is to establish minimum requirements to provide a reasonable level of safety, health, property protection and general welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of pools and spas.
[A] 101.4 Severability.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Section 102 Applicability
[A] 102.1 General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
[A] 102.2 Existing installations.
Any pool or spa and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created.
[A] 102.3 Maintenance.
Pools and spas and related mechanical, electrical and plumbing systems, both existing and new, and parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the edition of the code under which they were installed.
The owner or the owner’s authorized agent shall be responsible for maintenance of systems. To determine compliance with this provision, the code official shall have the authority to require any system to be reinspected.
[A] 102.4 Alterations or repairs.
Alterations or repairs to any pool, spa or related system shall conform to that required for a new system without requiring the existing systems to comply with the requirements of this code. Alterations or repairs shall not cause existing systems to become unsafe, insanitary or overloaded.
Minor alterations and repairs to existing systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved.
[A] 102.5 Historic buildings.
The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of pools, spas or systems shall not be mandatory for existing pools, spas or systems identified and classified by the state or local jurisdiction as part of a historic structure where such pools, spas or systems are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such pool or spa.
[A] 102.7 Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in Chapter 11 and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements.
[A] 102.7.1 Application of the International Codes.
Where the International Residential Code is referenced in this code, the provisions of the International Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable International Code or referenced standard.
[A] 102.8 Requirements not covered by code.
Any requirements necessary for the strength, stability or proper operation of an existing or proposed system, or for the public safety, health and general welfare, not specifically covered by this code shall be determined by the code official.
[A] 102.9 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
[A] 102.10 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
Part 2—Administration and EnforcementSection 103 Code Compliance Agency
[A] 103.1 Creation of agency.
The [NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
[A] 103.2 Appointment.
The code official shall be appointed by the chief appointing authority of the jurisdiction.
[A] 103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.
Section 104 Duties and Powers of the Code Official
[A] 104.1 General.
The code official is hereby authorized and directed to enforce the provisions of this code.
[A] 104.2 Determination of compliance.
The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures:
- 1.
Shall be in compliance with the intent and purpose of this code.
- 2.
Shall not have the effect of waiving requirements specifically provided for in this code.
[A] 104.2.1 Listed compliance.
Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the code official.
[A] 104.2.2 Technical assistance.
To determine compliance with this code, the code official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.
[A] 104.2.2.1 Cost.
A technical opinion and report shall be provided without charge to the jurisdiction.
[A] 104.2.2.2 Preparer qualifications.
The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
[A] 104.2.2.3 Content.
The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.
[A] 104.2.2.4 Tests.
Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official.
[A] 104.2.3 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative is not specifically prohibited by this code and has been approved.
[A] 104.2.3.2 Application and disposition.
Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.
[A] 104.2.3.3 Compliance with code intent.
An alternative material, design or method of construction shall comply with the intent of the provisions of this code.
[A] 104.2.3.4 Equivalency criteria.
An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:
- 1.
Quality.
- 2.
Strength.
- 3.
Effectiveness.
- 4.
Durability.
- 5.
Safety, other than fire safety.
- 6.
Fire safety.
[A] 104.2.3.5 Tests.
Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official.
[A] 104.2.3.6 Reports.
Supporting documentation, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.3.6.1 and 104.2.3.6.2.
Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official.
Reports not complying with Section 104.2.3.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
[A] 104.2.3.7 Peer review.
The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official.
[A] 104.2.4 Modifications.
Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety.
[A] 104.2.4.1 Flood hazard areas.
The code official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 of the International Building Code unless a determination has been made that:
- 1.
- 2.
A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
- 3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.
- 4.
A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
- 5.
Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
[A] 104.3 Applications and permits.
The code official shall receive applications, review construction documents and issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
[A] 104.3.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.
For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the code official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the code official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the code official shall require the building to meet the requirements of Section 1612 of the International Building Code or Section R306 of the International Residential Code, as applicable.
[A] 104.4 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the code official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to every remedy provided by law to secure entry.
[A] 104.4.1 Warrant.
Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent or occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the code official for the purposes of inspection and examination pursuant to this code.
[A] 104.5 Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
[A] 104.7 Official records.
The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations.
[A] 104.7.1 Approvals.
A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws.
[A] 104.7.2 Inspections.
The code official shall have the authority to conduct inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.
[A] 104.7.3 Code alternatives and modifications.
Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records.
[A] 104.8 Liability.
The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of any act or omission in the discharge of official duties.
[A] 104.8.1 Legal defenses.
Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment.
Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Materials and equipment reuse.
Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved.
Section 105 Permits
[A] 105.1 Where required.
Any owner, or owner’s authorized agent who desires to construct, enlarge, alter, repair, move, or demolish a pool or spa or to erect, install, enlarge, alter, repair, remove, convert or replace any system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the code official and obtain the required permit for the work. A permit shall not be required for replastering or resurfacing of an existing pool or spa.
[A] 105.2 Application for permit.
Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or the owner’s authorized agent. The permit application shall contain such other information required by the code official.
[A] 105.3 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
[A] 105.4 Permit issuance.
The application, construction documents and other data filed by an applicant for permit shall be reviewed by the code official. If the code official finds that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, and that the fees specified in Section 109.1 have been paid, a permit shall be issued to the applicant.
[A] 105.4.1 Approved construction documents.
When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “APPROVED.” Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents.
The code official shall have the authority to issue a permit for the construction of a part of a system before the entire construction documents for the whole system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire system will be granted.
[A] 105.4.2 Validity.
The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or any other ordinance of the jurisdiction. Any permit presuming to give authority to violate or cancel the provisions of this code shall not be valid.
The issuance of a permit based on construction documents and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction.
[A] 105.4.3 Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The code official is authorized to grant, in writing, one or more extensions of time, for a period not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
[A] 105.4.4 Extensions.
Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. The fee for an extension shall be one-half the amount required for a new permit for such work.
[A] 105.4.5 Suspension or revocation of permit.
The code official shall revoke a permit or approval issued under the provisions of this code in case of any false statement or misrepresentation of fact in the application or on the construction documents on which the permit or approval was based.
Section 106 Temporary Structures, Equipment and Systems
[A] 106.1 General.
The code official is authorized to issue a permit for temporary structures, equipment or systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause.
[A] 106.2 Conformance.
Temporary structures, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare.
[A] 106.4 Termination of approval.
The code official is authorized to terminate such permit for a temporary structures, equipment, or system and to order the same to be discontinued.
Section 107 Construction Documents
[A] 107.1 Construction documents.
Construction documents, engineering calculations, diagrams and other such data shall be submitted in two or more sets with each application for a permit. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code.
[A] 107.2 Retention of construction documents.
One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
Section 108 Notice of Approval
[A] 108.1 Approval.
After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official.
[A] 108.2 Revocation.
The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the notice is issued in error, or on the basis of the incorrect information supplied, or where it is determined that the building or structure, premise, system or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
Section 109 Fees
[A] 109.1 Fees.
A permit shall not be valid until the fees prescribed by law have been paid. An amendment to a permit shall not be released until the additional fee, if any, has been paid.
[A] 109.2 Schedule of permit fees.
Where work requires a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority
[A] 109.3 Permit valuations.
The applicant for a permit shall provide an estimated value of the work for which the permit is being issued at time of application. Such estimated valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as mechanical equipment and permanent systems. Where, in the opinion of the code official, the valuation is underestimated, the permit shall be denied unless the applicant can show detailed estimates to the code official. The code official shall have the authority to adjust the final valuation for permit fees.
[A] 109.4 Work commencing before permit issuance.
Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee as established by the code official that shall be in addition to the required permit fees.
[A] 109.5 Related fees.
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
[A] 109.6 Refunds
The code official is authorized to establish a refund policy.
Section 110 Service Utilities
[A] 110.1 Connection of service utilities.
A person shall not make connections from a utility, source of energy, fuel, power, water system or sewer system to any building or system that is regulated by this code for which a permit is required until authorized by the code official.
[A] 110.2 Temporary connection.
The code official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, power, water system or sewer system for the purpose of testing systems or for use under a temporary approval.
[A] 110.3 Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 110.1 or 110.2. The code official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
Section 111 Inspections
[A] 111.1 General.
Construction or work for which a permit is required shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain available and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
[A] 111.2 Preliminary inspection.
Before issuing a permit, the code official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
[A] 111.3 Required inspections and testing.
Pool and spa installations or alterations thereto, including equipment, piping, and appliances related thereto, shall be inspected by the code official to ensure compliance with the requirements of this code.
[A] 111.5 Inspection request.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
[A] 111.6 Approval required.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official.
[A] 111.7 Approved agencies.
Test reports submitted to the code official for consideration shall be developed by approved agencies that have satisfied the requirements as to qualifications and reliability.
[A] 111.8 Evaluation and follow-up inspection services.
Prior to the approval of a closed, prefabricated system and the issuance of a permit, the code official shall require the submittal of an evaluation report on each prefabricated system indicating the complete details of the system, including a description of the system and its components, the basis on which the system is being evaluated, test results and similar information, and other data as necessary for the code official to determine conformance to this code.
[A] 111.9 Evaluation service.
The code official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency’s evaluation report for adequacy and conformance to this code.
[A] 111.10 Follow-up inspection.
Except where ready access is provided to systems, service equipment and accessories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the frequency of in-plant inspections necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections on request, and the system shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed.
[A] 111.11 Test and inspection records.
Required test and inspection records shall be available to the code official at all times during the fabrication of the system and the installation of the system, or such records as the code official designates shall be filed.
[A] 111.12 Special inspections.
Special inspections of alternative engineered design systems shall be conducted in accordance with Sections 111.12.1 and 111.12.2.
[A] 111.12.1 Periodic inspection.
The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved construction documents. Discrepancies shall be brought to the immediate attention of the contractor for correction. Records shall be kept of inspections.
[A] 111.12.2 Written report.
The registered design professional shall submit a final report in writing to the code official upon completion of the installation, certifying that the alternative engineered design conforms to the approved construction documents. A notice of approval for the system shall not be issued until a written certification has been submitted.
[A] 111.13 Testing.
Systems shall be tested as required by this code. Tests shall be made by the permit holder and the code official shall have the authority to witness such tests.
[A] 111.14 New, altered, extended or repaired systems.
New systems and parts of existing systems that have been altered, extended or repaired shall be tested as prescribed by this code.
[A] 111.15 Equipment, material and labor for tests.
Equipment, material and labor required for testing a system or part thereof shall be furnished by the permit holder.
[A] 111.16 Reinspection and testing.
Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the code official for inspection and testing.
➡
Section 112 Means of Appeals
[A] 112.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
[A] 112.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
[A] 112.3 Qualifications.
The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
[A] 112.4 Administration.
The code official shall take action without delay in accordance with the decision of the board.
Section 113 Violations
[A] 113.1 Unlawful acts.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any system, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
[A] 113.2 Notice of violation.
The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents there under, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
[A] 113.3 Prosecution of violation.
If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful pool or spa in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 113.4 Violation penalties.
Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[A] 113.5 Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent violation, or to prevent illegal use of a pool or spa, or to stop an illegal act, conduct, business or utilization of the plumbing on or about any premises.
[A] 113.6 Unsafe systems.
Any system regulated by this code that is unsafe or that constitutes a fire or health hazard, insanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of a system regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe system is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.
[A] 113.6.1 Authority to condemn a system.
Where the code official determines that any system, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary, the code official shall order in writing that such system either be removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. A person shall not use or maintain a defective system after receiving such notice.
Where such a system is to be disconnected, written notice as prescribed in Section 113.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.
[A] 113.6.3 Connection after order to disconnect.
A person shall not make connections from any energy, fuel, power supply or water distribution system, or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such equipment.
When any system is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the code official shall institute any appropriate action to prevent, restrain, correct or abate the violation.
Section 114 Stop Work Order
[A] 114.1 Authority.
Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.
[A] 114.2 Issuance.
The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
[A] 114.3 Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
[A] 114.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.