Kansas has no statewide residential pool law and relies on locally adopted IRC. Johnson County administers the Code of Resolutions for Buildings & Construction (2018 Edition) for unincorporated areas. A swimming pool, hot tub, or spa capable of containing more than 24 inches of water requires a building permit from Johnson County Building Codes (913-715-2233). Barriers must include a fence at least 48 inches high with self-closing, self-latching gates that open outward away from the pool. Pools may not be filled with water until a Certificate of Occupancy is issued.
Authority: Johnson County Code of Resolutions, Chapter 18 (Buildings & Building Regulations) and the Code of Resolutions for Buildings & Construction, 2018 Edition, which incorporates the International Residential Code (IRC) for one- and two-family dwellings. A swimming pool requires a permit when it can hold water more than 24 inches (610 mm) deep, including in-ground, above-ground, on-ground pools, hot tubs, and spas. Permit submittals must include a site plan with barrier dimensions, fence type, gate specifications, contractor name, and installation dates. Per IRC barrier rules adopted in the County code, the top of the barrier must be at least 48 inches above grade measured on the side facing away from the pool, with no more than a 2-inch gap between grade and the bottom of the barrier; openings must not allow passage of a 4-inch sphere; pedestrian gates must open outward away from the pool and must be self-closing and self-latching. Pools must also follow the Residential Swimming Pool APSP-15 compliance information sheet from the Pool & Hot Tub Alliance. Final inspection β including barrier verification β is required, and the pool may not be filled until the Certificate of Occupancy is issued. Cities inside Johnson County (Overland Park, Olathe, Lenexa, Shawnee, Mission, etc.) enforce their own building-code adoptions inside their limits.
Building or maintaining a pool without a permit, or with a non-compliant barrier, is a violation of the Johnson County Code of Resolutions Chapter 18. Building Codes can issue stop-work orders and withhold the Certificate of Occupancy until correction; unresolved violations are referred to the County Counselor. Each day a violation continues may be treated as a separate offense. Drowning incidents at non-compliant pools can also support civil negligence claims against the property owner under Kansas tort law.
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