Policy 6-5 SURVEY REQUIREMENTS FOR SWIMMING POOL BUILDING PERMITS

PURPOSE: To establish the requirement of a survey performed by a licensed surveyor as part of the required plans and specifications to obtain a building permit to construct a swimming pool.

BACKGROUND: Encroachments of swimming pools and accompanying walkways or cabanas into platted utility easements are occurring more frequently. Such encroachments are normally caused by the pool contractor not knowing the exact location of lot lines and easements. Without a survey of each lot with stakes on lot and easement lines, it is virtually impossible for a building inspector to prevent the encroachment. Such encroachments are particularly likely to happen in new subdivisions that require the owner to fence and maintain the platted easements. This situation gives the owner the false impression that the utility easement may be used for private purposes.

The net result of the encroachment is a title problem which appears when the owner desires to sell or refinance the property. Of ten the City is asked to close and vacate the portion of the easement encumbered by the encroachment. The City then faces maintenance problems with its public utilities in the reduced easement. Additionally, there have been occasions when the closure/ vacation of an easement was infeasible and the owner simply had to live with the title problem.

Obviously, the resolution of such title problems is between the owner and the pool contractor. The City has no legal obligation to reduce its easement size as the means to solve encroachments. However, it would be far better to prevent future encroachments than to continue our policy of requiring a plot plan to obtain a building permit to construct a swimming pool. The plot plan is not being drawn to scale and is giving insufficient information to prevent encroachments.

Section 111.7 of the BOCA/Basic National Building Code/1984 grants the authority to require additional details as appropriate to obtain a building permit. With regard to obtaining a building permit for swimming pool construction, it is in the best interests of all parties to require a survey of the lot performed by a licensed surveyor in additional to the normal plot plan.

PROCEDURE: Plans and specifications described and itemized in Section 11.5 of the BOCA/Basic National Building Code/1984 shall be submitted for review to obtain a building permit to construct a swimming pool. Additionally, a survey performed by a licensed surveyor shall be submitted indicating the locations of all structures, lot and easement lines. The lot on which the pool is to be constructed shall be staked by the licensed surveyor on all lot and easement lines. These surveyor's stakes shall remain in place throughout the construciton period until the final inspection has been performed by the Building and Safety Division.