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Keeping Pool Contractors Out Of The Courtroom

Stay out of the courtroom by knowing what NOT to say…

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A client contacted a pool contractor, wanting a bid to perform repair work on a job completed by another contractor. The client said they were not pursuing litigation or making an insurance claim – they just want the project fixed correctly.

Avoid Making Statements That May Come Back To Haunt You

If you find yourself in this situation – tread carefully. ONLY provide a written estimate of your proposed repairs and your installation specifications. Oftentimes, once the client receives the estimated cost of repairs, they will change their mind about litigation or filing an insurance claim against the original contractor. If you made statements about the cause of a failure, quality of the workmanship or code compliance, it will come back to haunt you.

The pool contractor was subpoenaed to appear in court, to repeat the verbal & written statements he made about the causation and workmanship. And he was only compensated at a rate predetermined by the court – less than minimum wage, like a juror. He was also sued by the original contractor for slander & libel, due to some false assumptions he made and had expressed about the failure.

How do you avoid being drawn into litigation as a witness for the plaintiff?

Simple…It is human nature to want to impress people with our knowledge. But, this is the time to “bite your lip.”

It is best to listen to the client’s complaint, take diligent notes & copious pictures and prepare a repair estimate back in the office. Limit your comments to the weather & sports. If you see things they are not aware of, merely include them in your cost of repairs. Do not discuss the workmanship or the suspected cause of any failure.

Remember – They already know the project is screwed up… that’s why they called you. If they want to know WHY it’s screwed up, then they should hire someone who will perform a thorough inspection, forensic evaluation or testing and render a written opinion – for a fee. Stay out of the courtroom, by learning what not to say.

Swimming Pool Expert Witness

5/5 - (26 votes)

Paolo Benedetti is the President of Aquatic Technology and better known on social media as the "Swimming Pool Expert Witness". Paolo is an instructor at Watershape University and has authored a myriad of articles on the finer points of pool construction and design. He is a pioneer in the field of aquatic design, constantly pushing the envelope, creating a number of firsts that spawned new trends in the industry.

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Op Editorials

Acid Washing Safety: What Every Pool Pro Should Know

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Acid Washing Pool Safety: What Every Pro Should Know

There’s something deeply satisfying about seeing a dull, stained pool surface turn bright and clean again after a good acid wash. It’s like hitting the reset button on a pool that’s seen better days. But as any seasoned pool pro knows, this powerful process comes with some serious risks. 

Acid washing uses muriatic acid (hydrochloric acid)—a chemical strong enough to dissolve mineral buildup, algae, and stains. That same strength, though, can cause burns, lung damage, and serious injuries if not handled the right way. Knowing how to stay safe isn’t just a good idea—it’s essential for protecting yourself, your crew, and your customers. 


Why You Can’t Cut Corners on Safety 

Muriatic acid is no joke. A splash on your skin or a breath of concentrated fumes can do real harm in seconds. It can also eat away at pool finishes and metal fixtures if it’s not used properly. The goal is to make the pool look better—not cause damage or danger along the way. 

When you follow safety protocols, you’re not just checking boxes—you’re building a reputation for professionalism and responsibility that customers notice. 


Safety Basics Every Pool Pro Should Practice 

1. Paperwork Isn’t Just Paperwork 

Before you start mixing anything, make sure your Hazard Communication Program is up to date. Have Safety Data Sheets (SDS) for every chemical you use, and double-check that all containers are clearly labeled. This may seem tedious, but if something goes wrong, this documentation can be a lifesaver—literally and legally. 

2. Dress Like You Mean It 

When you’re handling acid, jeans and sunglasses aren’t enough. You’ll need: 

Acid-resistant gloves (rubber or neoprene)
● Chemical splash goggles and a face shield
● Long-sleeved acid-resistant clothing or a Tyvek suit
● Closed-toe, chemical-resistant boots
● A respirator with acid-gas cartridges if ventilation isn’t great

It might not be a fashion statement, but it’s definitely a safety statement. 

3. Let It Breathe

If you’re working in an indoor pool or a deep end, acid fumes can build up fast. Always use fans, open doors and windows, and wear a respirator if needed. OSHA even considers an acid-washing pool a permit-required confined space—so don’t take chances. When in doubt, step out and get fresh air.

4. Mix with Care 

There’s one golden rule every pool pro should memorize: Always add acid to water—never water to acid.  Doing it backwards can cause an instant, violent reaction that splashes acid everywhere. Mix outdoors, use plastic containers, and keep people (and pets) far away while you work. 

5. Be Kind to the Environment 

Once you’ve finished the wash, it’s time to neutralize the leftover acid with sodium bicarbonate (baking soda). Never let untreated acid flow into a storm drain or onto the lawn. Not only is that harmful, it can also get you in trouble with local environmental agencies. Take a few extra minutes to neutralize properly and practice disposal according to local rules. 


Two Is Better Than One 

Whenever possible, don’t go it alone. Have another technician on deck while you’re in the pool. That second person can pass tools, monitor fumes, or call for help if something unexpected happens. It’s simple teamwork that makes the job safer for everyone. 

Be Ready for the “What-Ifs” 

Even with the best precautions, accidents can happen. Make sure you have: 

● An eye wash station or portable eyewash bottle within arm’s reach
● A fresh water source nearby for rinsing skin or eyes
● A neutralizing agent like baking soda ready to go
● Up-to-date first-aid training for handling chemical exposure

At Pool Troopers in Tampa, FL, for example, every employee is issued proper safety gear and trained on SDS procedures—an approach all pool companies can learn from. 

The Bottom Line 

Acid washing is one of the most dramatic makeovers you can give a pool—but it’s not something to take lightly. The right preparation, gear, and mindset make all the difference between a successful job and a dangerous one. 

If you’re looking to sharpen your safety skills, check out the OSHA 10 Course for Pool Pros that I offer through Space Coast Pool School. It’s a great way to stay informed, stay compliant, and most importantly—stay safe. 

3/5 - (1 vote)

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Contractors and Builders

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

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“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.

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Op Editorials

How To Retire From The Pool Industry as a Millionaire

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How To Retire From The Pool Industry as a Millionaire

John’s knees and back ache. After nearly three decades of cleaning filters, lifting equipment, and braving triple-digit temperatures, he’s finally thinking about retirement. But there’s one big problem — John never planned for it. He spent his career focused on his customers — keeping pools clean, equipment running, and business steady. But he gave little thought to retirement along the way. Now 55, with no 401(k), no exit plan, and no real savings to speak of, John’s wondering if he’ll ever be able to slow down.

If you work in the pool and spa industry — whether servicing routes, managing crews, or building backyard escapes — chances are you didn’t get into this line of work for the financial planning. But the truth is, it’s never too early (or too late) to start saving for your future.

Whether you want to retire at 55 with $1 million in the bank or just build a cushion that gives you freedom later in life, smart planning today can make all the difference.

Retirement Planning for Pool & Spa Professionals: Saving for the Future

Retirement Planning for Pool & Spa Professionals: Saving for the Future

You’ve spent years in the sun performing physically strenuous work and servicing your customers. The work is tough, the hours are long, and most days, you’re too busy running to the next job to worry about what happens 20 or 30 years down the road.

But here’s the hard truth: no one plans to stay building or servicing pools well into their 60s — they just never planned not to.

What if you could break that cycle? What if retiring with $1 million in savings wasn’t just a pipe dream, but a goal you could actually hit — even if you’re just getting started?

In this article, we’ll show you exactly what it takes to retire from the pool industry with real money in the bank. From how much to save each week, to what accounts to use, and the common mistakes that hold too many pros back — we’ve got you covered.

The Million-Dollar Question: How Much Should You Save?

Assuming an average return of 7% annually (a realistic long-term expectation with diversified investments like an index fund), here’s what the math looks like:

Goal: $1,000,000 by age 55
Starting Age: 25
Years to Invest: 30
Estimated Weekly Savings Needed: $157–$160 per week

That adds up to about $625–$640 per month. Thanks to compound interest, where your investment gains start earning gains, the earlier you start, the less you need to save.

Understanding Compound Interest

Compound interest is the process where your money earns interest — and then that interest earns interest. Over time, this snowball effect can turn modest weekly savings into major retirement gains.

For example, saving $160 per week for 30 years at 7% annual return would grow to over $1 million. If you waited until age 35, you’d need to save over $340 per week to hit that same goal by 55.

What About Inflation?

Let’s say inflation averages 3% annually over the next 30 years — that $1 million would only be worth about $412,000 in today’s dollars.

So if you want $1 million in future dollars to maintain today’s buying power, you actually need to aim higher — closer to $2.4 million in nominal dollars.

To meet that inflation-adjusted goal by 55:

Estimated Weekly Savings Needed: $375–$400/week
Estimated Monthly: $1,500–$1,600/month

This is where financial planning becomes essential — especially for business owners.

Want to retire with $1 million by the time you’re 55? The earlier you start, the less you need to save — thanks to compound interest.

Assuming a 7% annual return (a realistic long-term average for diversified investments like index funds), here’s what the math looks like:

Starting AgeYears to InvestMonthly Savings Needed
2530$690/month
3025$955/month
3520$1,400/month
4015$2,150/month
4510$3,900/month

📌 Assumes a 7% annual return with consistent monthly contributions with reinvested returns and no withdrawals during the investment period.

💡 Tip: The earlier you start, the less you need to save — compound interest does the heavy lifting.

💼 Which Retirement Accounts Pay Off Best for Pool & Spa Professionals?

💼 Which Retirement Accounts Pay Off Best for Pool & Spa Professionals?

If you’re self-employed or run your own pool business, the traditional 401(k) route might not be available — but you’ve actually got even better options. Whether you’re looking for tax advantages, high contribution limits, or just a simple way to start saving, here’s a breakdown of the most effective retirement accounts tailored for service and construction pros:

📊 Retirement Account Comparison

Retirement Accounts for Pool & Spa Professionals
Account TypeBest For2025 Contribution LimitTax TreatmentAvg. ReturnProsCons
SEP IRASelf-employed or small business owners with few/no employees$69,000 or 25% of compensation (whichever is less)Tax-deductible contributions, tax-deferred growth~7%✅ High contribution limit
✅ Easy to set up
❌ Employer only contributes
❌ No Roth option
Solo 401(k)Self-employed individuals with higher income potential$69,000 (+$7,500 if over 50)Tax-deductible or Roth option, tax-deferred growth~7%✅ Highest contribution limit
✅ Roth option available
❌ Slightly more admin requirements
Traditional IRAAnyone with earned income$7,000 (+$1,000 if over 50)Tax-deductible (if eligible), tax-deferred growth~7%✅ Simple to open
✅ Widely available
❌ Low contribution limit
❌ Income deduction limits apply
Roth IRAIndividuals who expect to be in a higher tax bracket at retirement$7,000 (+$1,000 if over 50)After-tax contributions, tax-free growth~7%✅ Tax-free withdrawals in retirement❌ Income limits
❌ No up-front deduction
Taxable Brokerage AccountAnyone wanting flexibilityNo limitTaxable contributions and gains6–8% (varies)✅ No contribution limits
✅ Full investment freedom
❌ No tax benefits
❌ Capital gains taxes

🧠 Which One Should You Choose?

Starting out? A Roth IRA is a great first step with tax-free growth and simple setup.
Running your own crew? A Solo 401(k) gives you the most flexibility and room to grow.
Need something easy? A SEP IRA is low-maintenance and allows big contributions fast.
Want flexibility without limits? A Brokerage account gives you options, but less tax help.

Saving as a Pool Service or Construction Pro

Many pool and spa professionals are self-employed or run small businesses. Here’s how you can start saving:

Open a SEP IRA or Solo 401(k) – These accounts are made for the self-employed and allow larger contributions than traditional IRAs.
Automate contributions – Treat your retirement savings like a monthly bill.
Pay yourself first – Before reinvesting everything into the business, prioritize your financial future.
Use tax deductions – Retirement contributions are often tax-deductible for business owners.

Pitfalls to Avoid

Many in the pool industry delay retirement planning, assuming they’ll work forever or sell their business someday. Common pitfalls include:

🚫 Not separating personal and business finances
🚫 Underestimating how much you’ll need
🚫 Ignoring inflation and healthcare costs
🚫 Waiting too long to start investing
🚫 Relying solely on Social Security or business value

Without a clear plan, you may find yourself working into your late 60s or 70s — not because you want to, but because you have to.

💬 Quotes from Pool Pros Who Are Planning Ahead

🗣️ “I used to pour everything back into the business. Once I started setting aside just $200 a week into a SEP IRA, I finally felt like I was building something for myself, not just for my clients.”
Carlos M., Pool Service Pro, Arizona

🗣️ “I opened a Solo 401(k) after talking with my accountant. It’s one of the best moves I made in my 30s. I wish I’d done it sooner.”
Lindsey J., Pool Contractor, Florida

🗣️ “If you’re in your 20s or 30s and running a business in this industry, don’t wait. You’ll blink and be 50. Start saving now, even if it’s small.”
Greg T., Pool Builder, Texas

Final Thoughts

At the end of the day, none of us want to end up like John — thinking about retirement, but stuck without a plan to make it happen.

Instead, be the pool pro who did it right.

The one who showed up early, built a solid business, took care of their customers — and also took care of their future. The one who swapped chlorine tabs for golf clubs at 55, because they planned ahead. The one who turned their pool career into long-term wealth.

Be the pool pro who retires a millionaire.

5/5 - (18 votes)

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