“But It Passed Inspection”: Why That’s No Defense for Code Non-Compliance

Every pool builder or contractor has heard it—or said it—at some point:
“But it passed inspection.”

Those words often come up in courtrooms, after a project has gone sideways and litigation is underway. It’s a phrase meant to shift blame, to suggest that because an inspector signed off, everything must have been done correctly. Unfortunately, that’s not how the law works.

Passing inspection does not equal being code-compliant. And when problems arise, it’s the builder or designer, not the inspector, who carries the legal and financial responsibility for non-compliance. Understanding how building standards are adopted, enforced, and referenced is critical for every professional in the pool and spa industry.

Understanding How Standards Become Law

Most contractors know that building codes exist, but fewer understand how those codes are structured. Many of the technical details that govern your work are not printed in the state building code itself. Instead, they’re part of what’s known as “adopted by reference”—external standards that are legally binding even though they aren’t printed word for word in the codebook.

For example, the International Code Council’s International Swimming Pool and Spa Code (ICC-ISPSC) is one of the most widely adopted pool construction standards in the country. Many states have formally adopted the ISPSC by reference through their residential or building code appendices. That means that even though you won’t find every detail of the ISPSC spelled out in the printed state code, it carries the full weight of law.

How “Adopted by Reference” Works

When you look at your state’s residential building code, you’ll often find an appendix titled “Referenced Standards.” This section lists all of the national and international standards the state has chosen to adopt for that code cycle.

Most of the larger, more populous states are on a three-year code revision cycle, staying current with the ICC and IAPMO (International Association of Plumbing and Mechanical Officials) updates. Smaller states tend to move on longer cycles, sometimes adopting every six or nine years.

Instead of reprinting the full ISPSC document, the state code typically includes a short statement that ties the local law directly to that standard.

For example:

•. In the 2015 Texas Residential Code, section 326.1 states: “The design and construction of pools and spas shall comply with the International Swimming Pool and Spa Code.”

•. The 2018 Tennessee Residential Building Code uses nearly identical language in its own section 326.1.

This simple line means that the entire ISPSC—every clause, every diagram, every standard—becomes part of that state’s enforceable building law.

What’s Inside the ISPSC?

When a standard is adopted by reference, you’re bound to comply with all of it. That includes requirements for:

•. Water circulation rates and line velocities
•. Floor contours, slope transitions, and steps
•. Handholds and ladder spacing
•. Anti-entrapment and anti-drowning features
•. Safety barriers, fencing, and alarms
•. Structural load and shell integrity
•. Equipment placement, bonding, and electrical standards

In short, “adopted by reference” brings the entire ISPSC—and all of its subsections—into play for every new pool or spa construction project in that jurisdiction.

When Local Jurisdictions Modify the Code

Local municipalities do have some authority to modify state codes, but they can’t do it informally. To avoid enforcing specific portions of the state building code, a local government must pass a formal resolution listing every section of the state code that they are choosing not to adopt.

This is rare, but it happens. For example, California and Florida both have their own pool-specific codes that go beyond the ISPSC. These state-level codes are considered more stringent than the ICC’s model code, so they don’t need to reference it directly.

However, for the vast majority of states, the ISPSC—or another comparable standard—is part of the law by reference.

Inspectors Are Not the Final Authority

Here’s where many builders get tripped up: local inspectors do not routinely read or study the building codes in full detail.

Most inspectors rely on experience and precedent. It’s not until they review a set of plans that cites a specific code section or standard that they realize a particular provision applies. That’s why a project can “pass inspection” even though it’s not fully compliant with the adopted standards.

In these situations, ignorance of the code is not a defense—for the inspector or the builder. But while inspectors are largely protected by sovereign immunity, meaning they can’t be sued for missing violations, builders and designers are not.

If a defect later leads to injury or property damage, the responsibility lands squarely on the contractor or design professional. Courts have consistently ruled that “passing inspection” does not exempt a builder from liability if the work fails to meet applicable codes and standards.

The Legal and Financial Reality

In personal injury or construction defect litigation, one of the first questions attorneys ask is: “Was the work code-compliant?”

If the answer is no, it doesn’t matter that the project was approved by a local inspector. The standard of care in these cases is what the law requires, not what the inspector accepted.

Builders and designers are legally responsible for:

•. Knowing which codes apply in their jurisdiction
•. Keeping current with code updates and revisions
•. Ensuring that all referenced standards are followed
•. Documenting compliance throughout the project

Failing to do so can expose contractors to claims of negligence, breach of contract, or professional misconduct, even years after the project is complete.

“It Passed Inspection” Is Not a Defense

The concept of sovereign immunity exists to protect public officials, including building inspectors, from lawsuits when they make honest mistakes. That protection does not extend to private builders.

In the eyes of the law, you’re the expert. You’re expected to know the applicable codes and standards. When a violation exists, you can’t rely on an inspector’s oversight as a shield.

Saying, “But it passed inspection,” is equivalent to admitting you didn’t understand your own obligations under the law.

Staying Ahead of the Curve

So, where should builders go to stay informed? The most accessible resource is UpCodes, an online library that provides searchable access to state-specific building codes and referenced standards.

UpCodes makes it easy to:

•. Search your state’s adopted code cycles
•. Review appendices for referenced standards
•. Track amendments or local modifications
•. Stay up to date on pending revisions

It’s also a good practice to maintain a copy of the current ICC-ISPSC or your state’s equivalent pool code in your office or jobsite trailer. Regularly reviewing it with your design and field teams helps prevent costly oversights.

A Builder’s Responsibility

Complying with building codes and referenced standards isn’t about passing inspections—it’s about protecting lives, property, and your professional reputation.

Builders who study their codes, document compliance, and communicate clearly with inspectors and clients show the kind of professionalism that defines true craftsmanship.

Codes aren’t arbitrary red tape; they’re the accumulation of decades of engineering, safety research, and field experience. When you follow them—not just the parts you know, but the full scope of what’s adopted by reference—you’re doing more than meeting legal requirements. You’re building with integrity.

Final Thoughts on the Subject

The next time you hear someone say, “But it passed inspection,” remember this: inspections are a checkpoint, not a certification of compliance. The responsibility—and the liability—always comes back to the builder.

Do your homework, know your state’s adopted standards, and make compliance a cornerstone of every project. It’s not just good business—it’s the law.