Clark Co. pool builders win, lose in court

The Southern Nevada Chapter of the National Spa and Pool Institute temporarily won a reprieve from a Clark County ordinance requiring that swimming pool builders be bonded.

But extensive background checks are still required -- at least for now.

District Court Judge Mark Gibbons ruled Monday that until a hearing date is scheduled for the NSPI lawsuit challenging the ordinance, swimming pool builders must adhere to stringent background checks by Metro police, undergo fingerprinting, reveal the names of all persons involved in the business and pay a licensing fee.

Gibbons said he had problems with the $25,000 surety bond and appeared to be concerned that the county would be named on the bond instead of the homeowner.

NSPI attorney Kurt Faux argued the ordinance doesn't guard against fraud and "segregates" swimming pool builders from the rest of the contractors in Southern Nevada. The ordinance, as written, wouldn't apply to general contractors who build homes.

"There is no special requirement for home builders, but pool builders have to get a privileged license," Faux argued. "Why not require all contractors to have a privileged license?"

Gibbons said car dealers along with gaming and liquor establishments must meet special requirements, too.

Faux argued the county ordinance was not needed because it duplicated a recently passed state law that sets limits for down payments, establishes written completion dates and payment phase caps.

"We are happy with the judge's ruling on the ordinance," Kathleen Janssen, the county's counsel, said. "We will take another look at the surety bond."

Gibbons said he is hopeful to have a court date set for a hearing before the end of the year. Faux said he'll push for a date sometime before the end of summer. Until then, the ordinance is in force.

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