Section 178-2-003 - PLANS AND SPECIFICATIONSUnless otherwise indicated, plans and specifications for new swimming pools, and modifications or improvements to existing pools must be prepared by a design professional. All plans and specifications must be submitted to the Department in triplicate for review and written approval prior to beginning construction. Plans are to be laid out on sheets having a minimum size of 11 by 17 inches. Plans and specifications for modifications or improvements must include all applicable portions of the swimming pool.
003.01OWNER SUBMITTAL. The owner of a pool may submit plans and specifications for changes to existing pools for erosion type feeders and solution type. 003.02SUBMITTAL DETERMINATION. Items not listed in 178 NAC 2-003.03 are to be provided in writing to the Department for determination on whether submittal is required. Determination will be based on engineering, health and safety concerns. All items installed that do not require plans and specifications must be installed per manufacturer's installation instructions.003.03PLANS AND SPECIFICATIONS NOT REQUIRED:(A) Equipment replacement that is the exact make and model as previously approved by the Department;(B) Heaters intended for commercial pool use that contain only nontoxic heat transfer media;(C) Anti-entrapment devices that install on the pump or in the treatment train;(D) Pumps that are of the same horsepower as previously approved;(E) Valves and piping of the identical size;(F) pH adjustment equipment;(G) Strainer basket housing of the same size;(H) Variable frequency drives with the same horsepower as the original;(I) Installation of an Oxidation-Reduction Potential controller;(J) Repair and maintenance of equipment; and(K) Diving boards or stands approved after June 8, 2004.003.04CONTENT. Plans, specifications, and swimming pool data sheet submitted for approval must be an accurate record of the proposed construction and contain sufficient information to demonstrate to the Department that the proposed swimming pool or modifications or improvements will meet the standards of Title 178 NAC 2. Submittals must include, at a minimum, the following documentation and information: The Department may require additional information to determine if the submittal meets the standards. 003.04(A)SCALE AND NORTHPOINT.003.04(B)PLOT PLAN. A plot plan of the property to be used, indicating the location of proposed and existing structures, as well as the location of the proposed swimming pool, pool enclosure, and deck.003.04(C)DETAILED PLANS. Plans for a swimming pool must be legible and must be drawn to a suitable scale. The detailed plans for facilities must show: (i)CONSTRUCTION DETAILS. Construction details for the swimming pool, deck and pool enclosure, including dimensions, elevations, and appropriate cross sections for the swimming pool.(ii)RECIRCULATION SYSTEM. Schematic diagrams and plan view of the pool water treatment and recirculation systems, pool equipment room or enclosure. (iii)PIPING. Size and location of all piping.(iv)SPECIFICIATIONS. Complete, detailed specifications for the construction of the swimming pool, bathhouse, recirculation system, filtration system, disinfection equipment and all other appurtenances. (v)OPERATION AND MAINTENANCE MANUAL. The design professional must provide 2 copies of a manual for operation.003.04(D)FEES.003.04(D)(i)INITIAL REVIEW FEE. When the design professional's plans and specifications are submitted, an initial review fee of $100 plus 0.5% of his or her estimate of the cost of the project described in the documents to be reviewed, up to a maximum of $7,600, must be included.003.04(D)(ii)FINAL FEE. Upon completion of the construction, modification, or improvements, the owner must submit documentation of the actual cost in the form of the actual contract or invoice(s) to the Department for the purpose of determining the final fee amount. Payment of the final fee amount in excess of $25 must be made prior to the engineering inspection. The Department may refund amounts over $25.003.04(D)(iii)VARIANCE FEE. A $300 fee must accompany each variance request.003.04(D)(iv)ENGINEERING INSPECTION FEE. The final inspection conducted by the Department review engineers is included in the review fee. A fee of $400 for each additional inspection conducted by the Department must be paid prior to the date of the additional inspection. The engineering inspection fee is separate from and in addition to the operational inspection fees required in 178 NAC 2-006.01(C)(ii). Pools owned by a municipal corporation are exempt from inspection fees.003.04(D)(v)AS-BUILT FEE. There is a fee of $1000 in addition to the plan review fee if construction is begun or completed on items specifically outlined in these regulations prior to obtaining approval from the Department.003.05PRELIMINARY PLANS. The design professional may submit preliminary plans, specifications, or concepts to the Department for review prior to preparation of construction documents, allowing 30 working days for comment by the Department. An initial fee for review of preliminary plans must be submitted with the plans as required in 178 NAC 2-003.04(D)(i).003.06FINAL PLANS. All swimming pool data sheets, as provided by the Department, the initial fee, any as-built fees, and plans and specifications must be submitted for review and comment or approval at least 30 working days prior to planned construction or installation. Time must be allowed for the incorporation of changes if required.003.07CONSTRUCTION APPROVAL. Construction must not begin until the Department has approved final plans and specifications and a swimming pool data sheet, and issues a construction permit. A construction permit will be valid only if construction is started within one year and is completed within 3 years from the date of approval. Written requests may be submitted for reauthorization or time extensions may be subject to any additional requirements of these or such future regulations as are in effect on the date of reauthorization. Beginning construction means the start of work on items that are specifically mentioned in these regulations.003.08REVIEW OF PLANS AND SPECIFICATIONS. The Department will issue a comment letter to the design professional when review of the plans and specifications does not indicate compliance with Title 178 NAC 2 or inadequate information is provided for a complete review. The design professional must address issues identified in the Department's comment letter within 60 calendar days from the date of issuance of the comment letter unless the owner or design professional request in writing and the Department approves an extension of time. If the design professional does not respond in writing to the Department's comment letter within 60 days the Department will deny the construction permit for the project. When a project is not approved for construction, new sets of plans and specifications, along with a new review fee as specified in 178 NAC 2-003.04(D)(i), are to be submitted to the Department for review and written approval prior to construction.003.09CONSTRUCTION. All new swimming pools, modifications, or improvements must be completed in accordance with approved plans and specifications or approved change orders.003.10CERTIFICATION. The design professional or the owner, as appropriate, must certify in writing to the Department on forms provided by the Department that the pool and all appurtenances have been constructed in accordance with approved plans and specifications, prior to a final inspection.003.11ENGINEERING INSPECTION. Upon certification per 178 NAC 2-003.10, the Department will inspect and note any deficiencies, which must be resolved before the Department will issue a permit to operate the pool. The Department has the right of entry at any reasonable time to the swimming pool and accompanying facilities for this purpose.003.12FINAL APPROVAL. If no deficiencies are found when the Department conducts the engineering inspection or when any deficiencies that were found in the Department's final inspection have been corrected, the Department may issue a permit to operate the pool.003.13DENIAL. The Department may deny a construction permit for failure to comply with any of the provisions of Neb. Rev. Stat. §§ 71-4301 to 71-4307 or 178 NAC 2. The Department will inform the design professional and the swimming pool owner, in writing, of the basis of the denial and the statutory or regulatory provisions supporting the decision. Procedures regarding appeals and hearings will follow the Nebraska Administrative Procedure Act and 184 NAC 1.003.14CONSTRUCTION, MODIFICATIONS, AND IMPROVEMENTS PRIOR TO APPROVAL. New pools already constructed or on which construction has begun without prior review and approval will not be issued an operating permit until the plans, specifications, and swimming pool data sheet have been reviewed and approved by the Department. Modifications and improvements to existing pools that are being operated without appropriate approval may have the operating permit suspended or revoked. Whenever any work for which a construction permit is required has been started before an operating permit has been issued the following will apply:(A) All work must cease until the construction permit has been issued by the Department;(B) The design professional and owner must allow for 45 working days for review after receipt of the swimming pool data sheets, the initial fee, plans, and specifications; and(C) The Department may require that construction not completed in accordance with the regulations be corrected before a pool operating permit is issued.178 Neb. Admin. Code, ch. 2, § 003
Amended effective 7/27/2020