Is a wall around the yard all I need to satisfy pool barrier laws? Do I need a
fence around the pool as well? Can I just keep the gate and sliding door
locked? How well do you know pool barrier laws?
In 1991, Arizona passed the pool barrier law, Arizona Revised Statutes
(A.R.S.) § 33-1681, requiring an enclosure surrounding the pool area.
The law allows cities and counties to adopt their own ordinances,
"...provided that the ordinance is equal to or more stringent than the
provisions of this article." Ordinances vary widely between cities and
counties; homeowners and buyers need to research the laws carefully to
make sure their home is in compliance.
According to Greg Conrad, City of Phoenix Development
Services Supervisor, most violations are caused by not using or not
maintaining barriers properly. Tickets for code infractions in Phoenix
cost $50-$2500; failure to comply can result in criminal action with
six-month jail sentence and fine. In Tucson, the most common violation
is not having self-closing, self-latching gates or the gates don't work
properly.
To help you gain a basic understanding of Arizona's
pool barrier laws, this column will answer some of the most common
questions.
- What is a pool barrier?
Generally, under state law, a fence or wall separating the pool from
the house or a motorized pool cover requiring a key switch to operate
are considered pool barriers. Fences or walls must be at least five
feet high with openings no more than four inches wide. If doors or
windows give direct access to the pool, doors must have self-latching
devices and windows must not open more than four inches. City and
county ordinances may be different.
- Who is required to have a pool barrier?
A.R.S. §36-1681
requires that all residential swimming pools are enclosed by a
barrier. Families with children under six must also have a barrier
blocking access to the pool from the house. Homes where all residents
are six years of age or older and homes with pools built prior to the
effective date of the law are exempt under state law, but be aware
that some city and county ordinances differ. Some require homes built
before the effective date be brought to code if remodeled or sold,
regardless of the age of children residing in the home.
- I'm ready to make an offer on a house with a
pool. What information should I receive?
The Arizona Association of REALTORS® (AAR) Residential
Resale Purchase Contract, used in most resale home transactions,
includes a "Notice to Buyer of Swimming Pool Barrier Regulations," in
which the buyer and seller acknowledge the existence of state laws as
well as possible county and municipal laws, and the buyer agrees to
investigate and comply with these laws. The seller is required by law
to give the buyer a copy of the pool safety notice from the Arizona
Department of Health Services. The Contract also requires the buyer be
given a Seller's Property Disclosure Statement, which discloses any
known code violations on the property.
- The house I want to buy has a fence around the
pool, but it doesn't meet code. Who is responsible for bringing it up
to code and how long do we have?
The AAR Purchase Contract states: "During the Inspection Period, Buyer
agrees to investigate all applicable state, county, and municipal
swimming pool barrier regulations and, unless reasonably disapproved
within the Inspection Period, agrees to comply with and pay all costs
of compliance with said regulations prior to possession of the
Premises." Check city and county ordinances for their specific
requirements.
- We have an above-ground pool in our backyard, so
we don't have to worry about pool barrier laws, do we?
Above-ground pools are covered by the same state legal requirements
for an enclosure around the pool. The pool must be at least four feet
high with a wall that is not climbable and steps or ladders that are
locking or removable. Again, check city or county ordinances for
different requirements.
- Where can I find pool barrier information?
- Start with your city and county. A list of the
departments overseeing pool barrier enforcement and additional
information can be found on the AAR website,
www.aaronline.com, in
Consumer Assistance.
- Some cities and counties have ordinances online,
www.az.gov.
- Read the state law online,
www.azleg.state.az.us/ars/36/01681.htm.
- Other resources:
- Pool safety - collection of articles,
www.azcentral.com/poolsafety
- Consumer Product Safety Commission,
www.cpsc.gov
- "Urban Survival - Life Safety Planning" -
brochure from the Phoenix Fire Department, in English and Spanish;
call 602/256-3179
Arizona Association of REALTORS® ("AAR")
is a professional association for real estate brokers, agents and other
individuals involved in the real estate industry. For more information,
visit the AAR website at
www.aaronline.com or if you have questions that you would like
addressed in future columns contact us at
questions@aaronline.com.
Remember, always consult your legal or tax advisor before making
decisions with legal or tax consequences.
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