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Board adopts ordinance letting building officials enforce pool‑barrier maintenance beyond two‑year permit window
Summary
York County supervisors adopted an amendment to the county building code (Ordinance 25‑22R) authorizing the county to enforce maintenance of required enclosures and barriers for pools, hot tubs and spas even after the two‑year limitation following final permit inspection, aiming to reduce child‑drowning risks and improve public safety.
The York County Board of Supervisors on Aug. 19 adopted Ordinance 25‑22R to add authority for local enforcement of pool‑barrier maintenance beyond the two‑year period that typically limits building‑code enforcement after final inspection.
Corey Carney, the county’s building official, told the board that Virginia’s construction code leaves building officials without authority to enforce some barrier violations more than two years after final inspection unless the county adopts property‑maintenance language locally. He said the change stems from recent calls about unfenced pools and unsafe barrier conditions and is intended to reduce the risk of child drownings.
“This proposed amendment would give me the authority to enforce maintenance of pool enclosures for existing pools — commercial or residential — beyond the two‑year time limit that otherwise applies,” Carney said. “It only applies to the barrier standards in place when the pool was built; it does not force owners to meet new design standards retroactively.”
What the ordinance does: The amendment adds a section integrating pool enclosure rules from the Virginia construction code into the county’s property‑maintenance enforcement toolbox. That means the county can issue notices to pool owners, require repairs to damaged fences or gates and pursue penalties and abatement through the courts if owners do not comply. The typical enforcement path starts with a notice of violation and can escalate to civil penalties and court‑ordered repairs.
Why it matters: Building officials said they have received several calls this year about residential pools with missing gates or broken fences. Under current practice, if a pool was completed and inspected more than two years ago, the building official has limited authority; the new provision makes barrier maintenance enforceable over the life of the pool as a property‑maintenance issue.
Board action: Supervisor Tom Shepherd moved to adopt proposed ordinance 25‑22R; the motion passed on a roll call vote with all members voting yes.
Ending: The board asked staff to coordinate enforcement steps with other county departments and to return with any necessary administrative procedures for complaint intake, inspection and notice timelines.
