The warm temperatures of spring and summer are fast approaching and plans are in the works to help alleviate that typical, unbearing heat wave with the installation of a new swimming pool. Please remember that before you starting excavating a large hole in the yard, a zoning and building permit is required before installation can begin for both in-ground and above ground pools with a depth greater than two feet.

 

The first step in the process is to determine where the swimming pool can be located on the property. The zoning requirements state that a swimming pool must be located in the rear or side yard of the property and that the required setbacks from the side and rear property lines are equal to the accessory setback, plus one additional foot for every foot of pool depth over five feet. For example, in the Rural Agricultural (RA) zoning district the accessory structure setback is 10 feet from the side and rear lot lines. A pool that is eight feet deep will require an additional three (3) foot setback for a total of 13 feet. The location of the pool will also be dependent upon the location of any septic system that may have been installed on the property. Moore County Environmental Health can help in determining if the proposed pool location will be located on or near the septic system and work with you to determine the optimal location for your new swimming pool.

Swimming pools are also required to include barriers that restrict access to the pool and provide protection against accidental drowning. This barrier must be at least 48 inches above grade and enclose all sides of the pool not bounded by a building. Above ground pools can use the pool wall itself as the barrier.  However, an extension must be added if the height is less than the 48 inch requirement. All installed gates must be self-closing or self-latching that are equal in height to the surrounding barrier. When a building wall is used as the required barrier it is required to install an alarm which produces an audible warning when the door is opened on all doors that have access to the pool area.

If you would like to receive more information regarding the zoning or building code requirements for swimming pools, please contact our permitting staff at (910) 947-5010. 

Underground Storage Tanks

by Daniel Martin/Tim Emmert

Underground Storage Tanks (UST's) are one way that homeowners can store the fuel they use to heat their homes. This is especially true with older homes. As those older homes are rehabbed and made more energy efficient, they are often insulated and heat pumps are installed as the sole heat source. At that point the tanks are abandoned in place.

Unfortunately, a UST is not something to be ignored. As they age, the potential for UST's to become defective increases, as does the risk of fuel being released into the environment and contaminating the soil and groundwater.   Groundwater is the primary source of drinking water for 55 percent of all North Carolinians and for 97 percent of the state's rural residents. UST's have the potential to negatively impact the drinking water of any homeowner, as happened in 1998 when gasoline from leaking UST's contaminated the drinking water of 150 homes in Wrightsboro, NC (click here). Petroleum products such as gasoline, kerosene, diesel, and heating oil can cause a variety of health problems including skin and respiratory irritation, dizziness, headaches and even cancer.

UST's have been around since the 1920s and they have many different techniques in manufacturing and tank installation. Originally most tanks were made out of unprotected steel, and would rust and leak after about 10 years (less time under certain conditions). Many tanks and connected piping exposed to groundwater rust and decay, allowing the contents to seep out and contaminate soil and water. Since 1998, tank owners and operators are required to use tanks lined with materials that do not rust to help prevent leaks.

When UST's do leak it can sometimes be easy to spot signs of leakage, including stains on the soil, strong petroleum odors, puddles of oil, or evidence when using water (for example films left on dishes after washing). In other cases, a homeowner may not suspect a leak is present, which is why it is important to get your tank checked. Soil samples are one of the best tests that can be done to see if there is a leak in your UST. Professional environmental companies, often listed as "Environmental Consultants" in the Yellow Pages, can do this work and get the necessary information you need to determine if you have a defective tank.

If you suspect your tank is leaking and are worried about the cost, you should first determine whose responsibility it is to repair the tank. The tank's last date of usage determines the "legal tank owner" responsible for cleanup. If the tank was last used before November 8, 1984 then the last party using the UST is considered the tank owner (even if that party no longer owns the property). However, if the tank was used after November 8, 1984, then anyone who owned the property with the tank would be considered the tank owner, even if that person never used it.

While cleanup is expensive, North Carolina has a Non-Commercial Leaking Petroleum UST Cleanup Fund that will pay up to $1 million in reimbursements for reasonable and necessary cost directly related to the UST cleanup. The owner will have to reimburse an environmental consultant out-of-pocket for services and then be reimbursed later through the Fund. Homeowner's insurance may or may not cover this situation, but it is important to contact your provider and ask them directly. Note that the fund will not pay for attorney fees, tank removal costs (this includes leaking and damage due to removal), or for work outside the scope of the tank removal and remediation. This fund is directed solely to underground storage tanks (not above ground tanks) for the remediation of the existing site (Home-Heating Oil Underground Storage Tanks).

Homeowners interested in starting the process should contact the regional office of the North Carolina Department of Environment and Natural Resources at (919) 707-8260.  The phone call is free and may be the first step in protecting yourself from serious health issues in the future.