FLORIDA BUILDING CODE BINDING INTERPREATION
| Date: | June 14, 2007 |
| Report # | Petition 19 |
| Year: | 2001 |
| Code: | Building |
| Section: | 424.2.17.1.12 |
| Question: | Does the pool barrier required by FBC 2004 sec 424.2.17.1.12 have to be on the same |
| property as the pool? | |
| Answer: | Yes. |
| Commentary: |
Section 424.2.17.1.12 speaks specifically to the perimeter of the pool.
Section 424.2.2 provides the definition of ‘perimeter’ “POOL PERIMETER. A pool perimeter is defined by the limits of the pool deck, its surrounding area including yard area on same property, and any dwelling or nondwelling wall or any combination thereof which completely surrounds the pool.” This definition clearly indicates ‘on same property’.
Section 424..2.17.1 indicates that outdoor swimming pools SHALL be provided with a barrier complying with Sections 424.2.17.1.1 through 424.2.17.1.14. ‘On the same property’ would apply.
The building code does not deal with property line/zoning issues that may be controlled by recorded documents, covenants and restrictions, etc. However, the code appears to be clear.
Notice: The Building Officials Association of Florida, in cooperation with the Florida Building Commission, the Florida Department of Community Affairs, industry and professional experts offer this interpretation of the Florida Building Codes in the interest of consistency in their application statewide. This interpretation is formal and binding statewide.