How Birmingham Handles Swimming Pools & Spas: A Practical Guide
Birmingham maintains 112 local ordinances across all categories, and 2 of those deal specifically with swimming pools & spas. Here is a breakdown of what the city actually requires, what is prohibited, and where Birmingham falls on the strict-to-permissive spectrum compared to other cities.
Pool Permits
Birmingham does not require a building permit to construct a residential swimming pool, but the applicant must submit a site plan and obtain Zoning approval before starting work, and separate electrical and plumbing permits (with inspections) are mandatory. Public pools have a far stricter process: the Jefferson County Board of Health requires engineer-stamped plans, a permit to construct, and an operational permit before a pool may open.
Key details: City Code Section: Birmingham 2024 Technical Code Sec. 103.1.1, Exception item 13. Building permit: Not required for pools; electrical + plumbing permits ARE required. Pre-construction: Site plan + Zoning approval before starting work. Public pools: JCDH permit to construct + operational permit (Sec. 1.11).
Building a residential pool without the required electrical and plumbing permits, or without Zoning sign-off, violates Birmingham's Technical Code and can result in stop-work orders and corrective requirements from the Department of Planning, Engineering and Permits. For public pools, it is unlawful to construct, maintain, repair, or use a public pool in violation of the Jefferson County regulations, and the Board of Health may seek an injunction in Jefferson County Circuit Court; pools may also be closed until violations are corrected.
Fencing & Safety Requirements
Public, apartment, and condominium pools in Birmingham must be maintained to Jefferson County Board of Health standards: a minimum free available chlorine residual of 1.5 ppm tested at least three times daily, pH kept between 7.2 and 7.8 and tested at least twice daily, and water clear enough that a marked disc is visible through 15 feet of water. Private residential pools are not subject to this health-department monitoring but must keep their safety barriers and self-latching gates compliant.
Key details: Chlorine residual: Min. 1.5 ppm free available, tested 3x daily (JCDH). pH range: 7.2-7.8, tested at least 2x daily. Clarity: Marked disc visible through 15 ft; turbidity max 2 ppm. Cleaning: Pools cleaned and vacuumed daily (JCDH Sec. 8.17).
It is unlawful to construct, maintain, repair, or use a public swimming pool or spa in violation of the Jefferson County regulations; the Board of Health may obtain an injunction in Jefferson County Circuit Court. A pool found to present a health hazard must be closed until corrections are made and reopening is authorized by the Jefferson County Department of Health.
Compared to other cities, Birmingham takes a harder line on fencing & safety requirements. The enforcement and penalty structure reflects that.
The Bottom Line
Birmingham's swimming pools & spas rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Birmingham is broadly strict or permissive.
These rules come from Birmingham's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.