2-11-3: GENERAL PROVISIONS:
This chapter shall be known as the swimming pool and spa code of the city of Elko, hereinafter "code".
The provisions of this chapter shall apply to all new construction, alterations, or reconstruction, except as provided for otherwise in this chapter. All new construction, alterations, or reconstruction of swimming pools and spas in the city shall comply with this chapter, in addition to any other applicable provisions or amendments set forth by the Elko city council through resolution or ordinance, which include, but are not limited to, the latest edition of the uniform mechanical code, uniform plumbing code, national electrical code, and international energy conservation code adopted by the city.
   A.   The codes and standards referenced in this chapter shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. In the event of differences between the provisions of this chapter and the referenced codes and standards, the provisions of this chapter shall apply.
   B.   Spas, whether permanent or portable, are regulated under the provisions of the national electrical code and the uniform plumbing code. Electrical and plumbing permits are required when any spa is permanently attached to electrical or plumbing services.
   C.   In addition to the requirements set forth in this chapter, public swimming pools, wading pools and spas, designed for full or partial human submersion and open to the public must be constructed in compliance with the Nevada administrative code chapter 444, sanitation. In the event that conflicts between this chapter and those regulations occur, the most restrictive condition will apply.
   D.   No person shall construct or proceed with the construction of, or add to, enlarge, alter, or cause the same to be done to any swimming pool or spa, without first obtaining a building permit in the manner as required, and upon the payment of fees and under the conditions as set forth in this chapter or other applicable codes or provisions set forth by the Elko city council.
   E.   Prefabricated swimming pools accessory to a group R-3 occupancy, which are less than twenty four inches (24") deep, do not exceed five thousand (5,000) gallons and are installed entirely aboveground are exempt from permits. Electrical and plumbing permits are required when any pool is permanently attached to electrical or plumbing services. (Ord. 696, 5-27-2008; amd. Ord. 721, 2-8-2011)
2-11-4: TO WHOM PERMITS MAY BE ISSUED:
Any permit required by this chapter may be issued to any of the following persons:
   A.   To a person holding an appropriate valid Nevada state contractor's license (A-10) and an appropriate valid city of Elko business license. If a contract provides for the construction of a swimming pool or spa, the prime contractor on the project must hire a properly licensed A-10 contractor to perform the construction of the swimming pool or spa.
   B.   To an owner of property who is installing a residential pool on the property for his own use and not intended for sale or lease within one year after its completion.
Note: The city of Elko requires that all general and subcontractors must maintain a valid Nevada state contractor's license and an appropriate valid city of Elko business license. Any company or individual that bids work, not hired on an hourly basis by a licensed contractor, must be licensed as stated above. The city of Elko shall require a complete list of all contractors prior to the issuance of the building permit and request an update at any time until the certificate of completion is issued. (Ord. 696, 5-27-2008; amd. Ord. 721, 2-8-2011)