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1. What are the zoning setbacks for a pool (above ground pool, shed, etc.)? Do I need a fence around the pool?

The Town of Andover has several districts with different set back requirements. In addition the Zoning By-Law has special requirements concerning recreational structures in section 4.2.4. You will need a plot plan and speak with a Building Inspector to determine what the setback requirements are. The Inspectors are available Monday through Friday from 8 to 10 a.m. You need to check with the Conservation Division regarding wetland setbacks and with the Health Division regarding sanitary code requirements. A self-closing and self-latching fence is required for a pool as soon as the pool can hold water.

2. Do I need a permit for a fence? What requirements apply?

If the fence is over seven feet in height, a building permit is required. There is no requirement regarding which way the fence faces. The State Building Code, 780 CMR regulates the height of the fence. Fence can be installed close to the property line, as long as no part of it extends over a neighbor’s property.

3. What is a plot plan? Where can I get a plot plan? Where is the Registry of Deeds?

A plot plan is a plan of the survey done of the property which shows the location of the principal structure(s) and accessory structures. The survey is prepared by a State licensed land surveyor. The Essex North Registry of Deeds is located at:

354 Merrimack Street, 3rd Floor
Suite 304
Lawrence, MA 01843.

4. If my property is listed in the Ballardvale Historic District or on the Mass Historic Register, how does that affect my Building Permit application?

If the property is located in the Historic District, the Historic District Commission must review the proposed work.

5. Can you tell me if this lot is "buildable"? What is a “hundred-percent-upland” rule?

A Building Inspector will have to review a Certified Plot Plan to determine if the lot is "buildable." You shall also check with the Conservation Division regarding wetland setbacks and with the Health Division regarding septic system or sewer connection design. Building Inspector will also check that the lot area consists of 100% of contiguous upland. The minimum lot area cannot include any wetlands or natural slopes in excess of 25% over a horizontal distance of 30 feet, as measured perpendicular to the contour on a lot intended for building purposes. The Inspectors are available Monday through Friday from 8 to 10 a.m.

6. Can I do my own electrical work as the homeowner?

It is required that a Massachusetts Licensed Electrician applies for electrical permits and performs all the work.

7. Do I need to get a permit for small jobs?

Yes. Permits are required for all wiring jobs. The Electrical Inspector is available between 8 and 10 a.m, Monday through Friday.

8. Do I need an electrical permit for an above-ground pool?

Yes. You will not be issued a Building Permit for a pool unless an electrical permit has been issued to a Massachusetts Licensed Electrician.

9. Why can’t I do plumbing and gas fitting work as the homeowner?

The State of Massachusetts requires a Massachusetts Licensed Plumber or Gas Fitter to apply for permits and to perform plumbing and gas fitting work.

10. Why do I need permits?

To protect public health and safety.

11. How to determine the maxium number of occupants?

In
response to multiple inquiries requesting determination of the maximum occupant
load the following is the Town of Andover’s policy in accordance with the
Massachusetts State Building Code 780 CMR and the Massachusetts Fire Prevention
Code 527 CMR. 

1.)  
Consult the number of “Maximum Occupants” listed on
your Certificate of Inspection which is required to be posted in a “conspicuous
place in close proximity to the main entrance.”

2.)    If your Certificate of Inspection is not current, complete a new “Certificate of Inspection Application” which may be found at www.andoverma.gov under the Building Divisions, Fees, Forms and Checklists. 

3.)    If you do not have a Certificate of Inspection and are one of the listed occupancies for which such is required per 780 CMR, Table 110 (copy below), you will need to complete the “Certificate of Inspection Application” found at www.andoverma.gov under the Building Divisions Fees, Forms and Checklists section, AND submit a current “Occupant Load Count and Egress Analysis” prepared and stamped by a Massachusetts Registered Architect for review by this office prior to an inspection taking place. Once an inspection has occurred this office will issue a current Certificate of Inspection for the occupant to post on the premises. 

12. What are the swimming pool barrier & enclosure requirements?

The following is for guidance only, no document could cover
all possible scenarios or situations. Please consult with the building division
should you have additional questions regarding pool barriers after reviewing
this document. 

The barrier provisions contained within the Massachusetts
State Building Code (780 CMR) apply to indoor and outdoor swimming pools and
hot tubs with water depths greater than 24”. This includes “portable” and “inflatable”
swimming pools. An approved safety cover for a hot tub would satisfy the
barrier requirement. Required pool barriers or fences must be at least 48” high
and constructed to prevent climbing by children. Access gates must be self-closing
and self-latching, swinging away from the pool with hardware arranged so that
the gate cannot be opened from the side opposite the pool. Below are some
illustrations of code compliant pool barriers. 

For above ground pools, the wall of the pool may serve as
the barrier, provided it meets the 48 inch height requirement and access to the
pool is via a “closable, lockable ladder” A removable ladder is NOT acceptable
unless it is closable and lockable. 

In addition to outside walls or fences as barriers any doors
from the dwelling (where the walls of the dwelling are used as a portion of the
pool enclosure) with direct access to the pool area must be equipped with audible
alarms. The alarm must be audible in all portions of the home and activated
when the door is opened.