5 rules for unincorporated Elkhart County, Indiana.
Verified from official government sources
In unincorporated Elkhart County a permanent swimming pool is a regulated accessory structure needing an Improvement Location Permit from Planning and Development, plus a building and electrical permit. Only temporary above-ground pools are exempt.
Elkhart County, Ind., Zoning Ordinance § 3.11.2(A)(4) (Permit Not Required)
The installation of play sets and temporary above-ground swimming pools does not require an Improvement Location Permit.
Every outdoor residential pool in Elkhart County must sit behind a barrier at least 48 inches high under the Indiana Residential Code, Appendix G, Section AG105.2. Openings in that barrier cannot pass a 4-inch sphere.
2020 Indiana Residential Code (675 IAC 14-4.4), Appendix G § AG105.2
The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool.
Under the Indiana Residential Code, Section AG105.2, a pedestrian gate in an Elkhart County pool barrier must open outward, self-close, and self-latch. Public and semi-public pools answer to the county Health Department under 410 IAC 6-2.1.
2020 Indiana Residential Code (675 IAC 14-4.4), Appendix G § AG105.2
Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device.
A permanent above-ground pool in Elkhart County still meets the 48-inch barrier of Indiana Residential Code Section AG105.2, though the pool wall can serve as that barrier where it is high enough. Temporary above-ground pools skip the zoning permit.
2020 Indiana Residential Code (675 IAC 14-4.4), Appendix G § AG105.2
Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure.
A hot tub or spa in Elkhart County is regulated like a pool, but Indiana Residential Code Section AG105.5 exempts a spa fitted with a listed ASTM F1346 safety cover from the 48-inch barrier requirement.
2020 Indiana Residential Code (675 IAC 14-4.4), Appendix G § AG105.5
Spas or hot tubs with a safety cover which complies with ASTM F 1346, as listed in Section AG107, shall be exempt from the provisions of this appendix.
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