Class Code: 5223

Per NCCI's Scopes Code Description:

Code 5223 is applicable to those risks engaged in the construction of all types of pools, be they of a municipal, commercial or domestic (residential) nature.

Other than the exceptions specifically noted in its phraseology and accompanying footnote, Code 5223 contemplates all operations necessary for the construction of both in-ground and above-ground-level pools together with the construction or installation of accompanying appurtenances (such as construction of walkways and the installation of accessories or other apparatus used in the operation of a pool). All shop work necessary to ensure the completion of the pool at the selected site is additionally contemplated by Code 5223. Basic construction varies and can involve the use of poured concrete, gunite, dry pack, concrete block, brick, aluminum, fiberglass and wood. Vinyl liners may be used with any basic design.

As evidenced by this classification’s footnote, the construction of iron or steel pools is classified to Code 5069 since Code 5069 contemplates welding of steel plates and other operations analogous to iron or steel pool construction. The type of pool contemplated by Code 5069 is essentially an iron or steel tank, which may or may not use an incidental amount of non-iron or non-steel materials in the construction process.

In situations where metal and other materials such as concrete are used to construct a pool, and the concrete construction operation is not incidental to the pool construction, Code 5223 is applicable to the entire operation. An example of this may be the use of stainless steel or other sheet metal for the pool’s walls and concrete for the pool’s bottom. If an insured engages in both pool maintenance and pool construction activities and the insured employs separate crews without interchange of labor for each operation, Codes 5223 and 9014 may be assigned if conditions described in Code 5223’s footnote are met.

Code 9014 is applicable to a risk engaged exclusively in pool maintenance.

Please refer to Code 5403 for extra-territorial premium determination guidelines that may be applicable to insureds that have operations outside their headquarters’ state.

State Addendum

As noted in Code 5223’s footnote, the assignment of Code 9014 is limited to maintenance work by contractors who do not undertake pool construction. Specialty concrete pumping operations conducted by specialty contractors are assigned by analogy to Class Code 9534—Mobile Crane and Hoisting Service Contractors—NOC—Including Yard Employees & Drivers. In accordance with Rule IV-F-2.—Business Not Described by Any Classification, as detailed in the MA Manual, the appropriate classification phraseology should read as follows: Concrete—Pumping—Specialty Contractor Only—Including Yard Employees & Drivers. It is important to note that any and all concrete pumping operations conducted by concrete construction crews remain properly assigned to the appropriate concrete construction classification(s) applicable to which the concrete is being pumped, not Code 9534. Code 5069 is N/A MA.

Rate per $100. of Renumeration: $ 3.13

Construction Exemption Required: Yes