Got a permit for that pool?

Got a permit for that pool?

By Christopher O'Donnell

Published: Friday, August 19, 2005 at 4:08 a.m.

NORTH PORT -- The inflatable pool Marcy O'Neil bought on sale for $25 isn't turning out to be such a bargain.

O'Neil was cited by North Port's code-enforcement officers for not having a permit for her pool. She must submit a diagram of her lot and pay a $50 permit application fee -- twice what the pool cost.

And if she doesn't act soon, it could cost her much more: a $250 fine for every day she is in violation of the city code.

"My husband and I don't understand why you would need a permit," O'Neil said. "It's not attached to the house; it's not permanent. Maybe it's our negligence, but people go out and buy these all the time and I've never heard of them needing a permit."

For more than a year, the 4-by-13-foot inflatable pool in O'Neil's back yard has been a huge hit. It proved so popular with her daughter and other children that six of her neighbors in Spearman Circle bought similar pools.

At least four of the six have also been cited by the city for lacking permits, O'Neil said.

"I'm upset because when you buy the pool there's nothing that states you need a permit," said Eric Barnhouse, one of those cited. "I thought a permit was for a permanent structure. I don't understand why I need a permit."

The permit is to ensure that the pool complies with the state's Residential Swimming Pool Safety Act, said Scott Williams, North Port's building director.

The act, which took effect in 2000, was passed at a time when Florida had the nation's highest rate of drownings of children under 5.

The law requires that any residential pool, spa, hot tub or other container that holds more than two feet of water has at least one of four listed safety features, such as an approved pool cover, an alarm on doors and windows that lead to the pool area, or an approved barrier or pool fence.

Despite the law, drowning remains the No. 1 cause of death for children under 14, according to Wendy Parker, public information officer for the Florida Swimming Pool Association.

Williams said the citations were issued as part of routine inspections by the city's four code-enforcement officers. He said his office typically issues about two such notices each week.

"As much as different people will complain about that, if it saves the life of a child then I think it's worth that complaint," Williams said.

Officials in other cities contacted for this story said that inflatable pools are rarely cited.

Randall Cole, building official with the city of Punta Gorda, said city inspectors are not actively going out looking for temporary pools built without proper permits. They will look if a complaint is made.

"It hasn't been a problem here at all," Cole said. "We haven't had any reports at all."

Similarly, in the last two years, Bradenton has conducted only two investigations concerning pools built without permits, said Volker Reiss, supervisor of code enforcement.

"We really don't have a large number of those cases," Reiss said.

Residents' unfamiliarity with permitting requirements is not limited to pools. Williams said many North Port residents are unaware that a permit is required for minor changes to their property such as building a garden shed or changing their hot-water heater.

"How many other items are there that you can purchase that need permits?" Williams said. "We put out pamphlets, we update the Web site. There's only so much I can do. I can't cover every product that comes onto the market."

O'Neil said she will comply with the requirement but feels residents should be made aware of the need for a permit when they purchase a pool.

"We're going to pay for the permit because we love the pool," she said. "But we need to let people know they have to get these permits. I don't want other people to have to go through the shock of getting a (notice) in their mail like we did. I think the stores should put a sign up."