I have a question so I figured I would ask the experts. We are looking at having an inground pool installed. I live in the county, no city or town limits, in the county we are not required to have building permits, in fact when I built this house we did not get a single permit for any of the contractors. Anyway, the pool company called the closest town and was told that they would need a permit because we are in their police jurisdiction not the town limits but police jurisdiction only. They don't have any police officers at all. We are handled by the county. My question is what is my responsibility? Build and not worry about the permits or what?

What really tees me off is that I get absolutely nothing from this town, no public services whatsoever because I am out of the town limits and they rely on the county for law enforcement. I don't even get to vote in any of their elections. Anyway, any help would be appreciated.

I'd build my pool permits be damned..

they just want the money for a permit, screw em.

Woodstock tried to tell me I was in their police jurisdiction till I showed em the state law that said NOT NO BUT HELL NO.... They were claiming 3 miles when actually they have 1.5 miles because they are under 10,000 in population.

That's kinda what I have been thinking, who will they call? They don't have a police force

If I'm the company building the pool, I buy the permit. I just don't want that reputation. Stuff like that will follow you around as a builder and come back to haunt you later. On the other hand, Usually the only thing a permit or inspection is needed for is for a CO which most Power companies require to turn on permeant power at some point in a building process. But with a pool what's there to stop really?

Might have to get an inspection from Health Dept if you have to move septic tank lines

I know that having a GC liscense will let you build a 100 story skyscraper, but not a pool. Just how it is. I'd seriously consider getting a permit, unless you want a crappy pool.

I work in code enforcement now as one of my part time jobs. Occasionally I will help our building inspector, if asked, because I am still a sworn officer and can issue on sight citations and he can't. We do not require building permits in the jurisdiction, just the city limits. Do you get fire dept. coverage in the PJ? If not, then why are you paying the 1/2 tax or whatever it is to live in the PJ? That is messed up.

lol y'all just don't how good you have it. We can't even wash our trucks without a permit in Florida.

there is a volunteer fire department, the town does not provide any services that I am aware of

I'm at a loss. Messed up is all I can say. I would verify by wanting to see the building code in writing that one is required and then verify that they have jurisdiction to require a permit out of the city limits. Bottom line, make them show it to me in black and white.

Man I don't miss these issues. But if you are in the county call the county and find out. I believe we had the same issue and had it took care from the county. I didn't handle the permits I drilled hole and ran a shovel and wand putting in pools.

lol..Mobile County is getting Terrible also.

But, but, but, but you don't pay taxes on groceries..

Our Florida gasoline runs about twenty five cents per gallon more than Alabama.

I'm surprised the county doesn't require a permit for the electrical/plumbing work. But things are much different here, than Taxes (Texas).

Here is the law that allows them to do so, I guess, but it appears to have stipulations.


Section 11-51-91Licenses for business, etc., conducted outside corporate limits of municipality.

(a) Any municipality may adopt an ordinance to fix and collect licenses for any business, trade, or profession done within the police jurisdiction of the municipality but outside the corporate limits thereof; provided, that the amount of the licenses shall not be more than one half the amount charged and collected as a license for like business, trade, or profession done within the corporate limits of the municipality, fees and penalties excluded; and provided further, that the total amount of the licenses shall not be in an amount greater than the cost of services provided by the municipality within the police jurisdiction. All licenses adopted pursuant to this section shall be assessed to all businesses, trades, or professionals within the police jurisdiction. No license adopted after September 1, 2015, in the police jurisdiction shall take effect until a 30-day notice has been given of the adoption of the ordinance; provided, however, that no license may be imposed under this section in an expanded police jurisdiction until the police jurisdiction expansion is effective under subsection (d) of Section 11-40-10. The notice given shall be the same as required for adoption of an ordinance under Section 11-45-8. Additionally, if available at no cost to the municipality, the 30-day notice shall be submitted to the Atlas Alabama state website or any successor state-operated website providing information to businesses. No ordinance adopted after September 1, 2015, may be enforced against an individual or entity affected by the ordinance unless the municipality has complied with the notice requirement provided in this section.

(b) No calculation shall be required to be made by the municipal officials or license officer for the cost of services to any particular business or classification of businesses within the police jurisdiction so long as the total amount of revenues from the licenses collected in the police jurisdiction is not an amount greater than the cost of services provided by the municipality to the police jurisdiction. Each municipality shall prepare an annual report which shall include an accounting of all license revenues collected in the police jurisdiction expanded after September 1, 2015, and provide a list of the services provided by the municipality and a list of providers within the police jurisdiction. A copy of the annual report, which shall be completed within 90 days of the close of the fiscal year, shall be forwarded to the Department of Examiners of Public Accounts and shall be made available to the public.

(c) When the place at which any business, trade, or profession is done or carried on is within the police jurisdiction of two or more municipalities which levy the licenses thereon authorized by this section, the licenses shall be paid to, issued, and collected by that municipality only whose boundary measured to the nearest point thereof is closest to the business, trade, or profession. This section shall not have the effect of repealing or modifying the limitations in this article relating to railroad, express companies, sleeping car companies, telegraph companies, telephone companies, and public utilities and insurance companies and their agents. This section shall be given a liberal construction to effectuate its purpose and meaning.

Jawbone, how do you interpret section b?

I am not concerned about the quality of the pool, it's a reputable company, I bought this property just so I didn't have to jump through hoops everytime I wanted to do something, looks like they figured out a way for me to have to

Eskimo,

Does the neighboring City you are speaking of have a Building Inspection Department? Which city?

If you are not in the official jurisdiction of the city, AND the county itself doesn't have an inspection department...then you are not required to pull a building permit. Now the contractor may have to have a business license.

I don't believe they have, I do think they hire an inspector to inspect and sign off on the project. Rehobeth is the town.

Out of sheer curiosity, I looked it up. The City of Rehobeth does in fact say that building permits are required within the town jurisdiction AND the police jurisdiction. They have a hand drawn red line map on their website. They list 4 required inspections for swimming pools.

Page that discusses
http://rehobethalabama.com/?page_id=10

I have no idea what legal ground they have to enforce building codes within a police jurisdiction if you are not receiving any services at all and don't pay any city taxes, fees, or can vote. Sounds like a classic "taxation (permit fees) without representation". Definitely a lawyer question.

my thoughts exactly, thanks for the input

Honestly, I'm not sure. The permit fees are part of the jurisdiction issue that I was never involved in, since we don't collect permit fees outside the city. I pretty much read it to say that you can't be collecting more than the services you provide which is in line with what I know about PJs. If a city chooses to have a PJ, they can collect a portion of the city resident taxes. For us, it is 1/2 property tax what a resident pays. In return, the PJ residents get emergency services (police and fire). This does not mean the police have to respond to non emergency calls like stolen bicycles, but we do. For years, a solid 1/3 of the Selma PD calls have been outside of the city but in the PJ, yet not nearly that amount is taken in on property taxes. The city has looked at not answering calls in the PJ before. This is where I was tasked with studying the matter. My report, based on court decisions, said basically, 1. You can't collect any tax, and 2. the Sheriff Dept. has to be given enough time to make arrangement for additional funding to hire the additional deputies needed. In the case of Prattville, I believe it was, the courts said they couldn't immediately stop working the PJ like they wanted to, but had to give the SO 6 months notice. At this time, our PD and FD still work the PJ, but I imagine the issue will come before out city council again before too long.

I honestly believe that if challenged, Rehobeth would lose since they collect fees from the PJ but provide no services. It just doesn't look like anyone has ever wanted the hassle of calling them on it.

Is Rehobeth claiming 3 miles or 1.5 miles PJ???

You shouldn't have to buy a permit to have a company build your pool. The installer should take care of any and all permits required. Every municipality has it's own requirements. Most of the smaller towns and counties just want a cut of the money. It probably isn't a hundred dollars for the permit. The money should be paid and you may not even see an inspector. This is just the way it is and it should definitely not effect the price of your pool.

they are claiming 1.5, I assume based on the document that Straycat mentioned

I believe they are requiring a business license and permit for the pool company, I intend to do the electrical and they are requiring a $50 permit for me to do my electric

thanks, they want me to get an electrical permit to do my own electric, $50 isn't much but I pay enough in taxes so I intend to call them on it

Just don't subpoena me to court.

Disclaimer: I'm not advising you to break the law, but my opinion is still that I don't believe they can legally collect money without providing a service. Upon reflection, I guess their argument would be that the service they provide is requiring permits to make sure everything is built to code. My next question is, who is going to enforce code violations? They don't have a police officer to issue citations and I'm sure the SO would laugh at them over that if requested to do it. As Doekiller will tell you, they can't enforce it civilly. The only option would be a representative of the town signing a criminal complaint with the District Court.

And you don't really see much benefit in north Florida. But with all the drivers and tourists in central and south Florida, that extra 25 cents makes traffic a lot easier for all of the public.