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Pool safety is essential in Arizona, where warm weather encourages outdoor swimming activities. The Arizona Revised Statutes (ARS) § 36-1681 [1] mandates that all swimming pools or other contained bodies of water intended for swimming be protected with an enclosure.
These laws are designed to prevent tragic accidents, such as drowning, which can occur when children or animals wander into an unsupervised pool area.
According to a recent report by AZ Central [2], two children under five years old drowned in backyard pools in Phoenix and Scottsdale, and neither of these pools had a proper fence. Tragic stories like this highlight the dangers of pool drowning and the need of secured pool barrier of Arizona.
This guide will break down the specific requirements of Arizona pool fence laws and explain how to comply with them to ensure safety.
Understanding Arizona Legal Framework for Pool Fencing
ARS § 36-1681 sets the legal foundation for pool fencing in Arizona. The statute requires that any swimming pool or contained body of water that is intended for swimming, exceeds 8 feet in width, and is 18 inches or deeper, must be enclosed.
This law applies to all pool owners in Arizona, and compliance is mandatory to avoid fines or legal consequences. The statute is specifically aimed at ensuring safety and preventing drowning accidents, which are more likely when pools are not properly enclosed.
Pool owners who fail to comply with the legal pool barrier requirements face the possibility of hefty fines and legal penalties. If you’re a pool owner, it is essential to ensure that your pool complies with all aspects of ARS § 36-1681 to avoid legal complications and maintain safety.
Detailed pool barrier requirement: What Pool Owners Need To Know
Pool owners must adhere to strict Arizona pool safety laws regarding pool enclosures. These guidelines include specific height and construction specifications for the barrier, as well as regulations for gates and their components.
- Fence Height: The pool fence must be at least 5 feet tall when measured from the exterior side of the barrier. This height ensures that children cannot easily climb over the fence and enter the unsupervised pool area.
- Barrier Specifications: The barrier surrounding the pool must not have any gaps larger than 4 inches in diameter. This rule is designed to prevent children or animals from slipping through the fence. Additionally, the horizontal components of the fence must be spaced at least 45 inches apart vertically or be placed on the poolside with no openings larger than 1.75 inches horizontally.
- Self-Closing and Self-Latching Gates: Gates must meet specific requirements, including being self-closing and self-latching. The latch must be positioned at least 54 inches above the ground, and the gate must open outward from the pool area. These features ensure that gates cannot be left open by accident or easily accessed by children.
- Additional Barrier Features: The enclosure must be free from handholds or footholds that would allow someone to climb over. The barrier must also be located at least 20 inches away from the water’s edge to prevent accidental falls into the pool.
What Qualifies as a Swimming Pool or Contained Body of Water Under Arizona Law?
ARS § 36-1681 does not apply only to traditional swimming pools. The law also covers other contained bodies of water such as spas, hot tubs, and aboveground pools.
To qualify under the law, the pool or body of water must be at least 18 inches deep at any point and wider than 8 feet.
However, there are some exceptions, such as livestock troughs or other structures used in normal agricultural practices.
Hot tubs or spas that come with a safety cover that meets ASTM (American Society for Testing and Materials) standards must still have secure barriers in place [3].
Critical Gate and Pool Access Control: Keeping Children and Pets Safe
Pool gate requirements are a key aspect of the Arizona pool fence laws. Properly designed gates with self-closing, self-latching mechanisms and secure locks are vital to prevent unsupervised access by children and pets.
These features ensure that even if a gate is left ajar, it will automatically close and latch, reducing the risk of accidental entry.
Additionally, integrating alarms, smart locks, and surveillance systems adds an extra layer of protection, alerting homeowners to unauthorized access in real time.
By enforcing safety measures, Arizona’s laws not only prevent tragic accidents but also create a secure environment where families can enjoy their pools with peace of mind.
Exceptions to Arizona Pool Fence Laws
While Arizona’s pool fence laws apply to most pools, there are some exceptions. Certain pools and bodies of water are not required to comply with pool fence regulations, including:
- Agricultural Systems: Pools associated with agricultural systems such as irrigation canals, livestock watering troughs, or stock ponds are exempt from the requirements.
- Existing Pools and Structures: Pools and enclosures built before the effective date of ARS § 36-1681 are not required to meet the current standards. Similarly, certain pools constructed by political subdivisions have different requirements.
- Public and Semi-Public Pools: Public swimming pools, including semi-public pools, are not subject to the same pool fence regulations.
- Local Ordinances: Some municipalities may have stricter pool safety laws. In those cases, the local regulations supersede the state laws, provided they are more stringent.
Penalties for Violating Arizona Pool Fence Laws
Failure to comply with the pool fence laws in Arizona can result in penalties. If pool owners do not meet the enclosure requirements, they may face fines and be cited for violating the law.
However, pool owners can avoid fines by correcting the issue, installing the proper barrier, and attending a pool safety course within 45 days of being cited. It is essential to act promptly to avoid the legal and financial consequences of noncompliance.
If you are facing issues with your pool’s compliance or have received a citation for a violation, it is important to consult with a lawyer who is knowledgeable about Arizona pool fence laws.
Legal professionals of The Sorenson Law Firm can help you understand your obligations, avoid penalties, and ensure your pool is fully compliant with the law.
Pool owners should also be aware that water safety extends beyond legal requirements; educating yourself and your family members about pool safety can make a significant difference in preventing accidents.
Complying with Arizona’s pool fence laws is not only required by law but is also an essential step in protecting the safety of your family and visitors. By installing the proper pool fence, you ensure that your pool area is secure and reduce the risk of accidental drowning.
Consequences of Noncompliance With Arizona Pool Fence Laws
Failing to comply with Arizona pool fence laws can lead to severe consequences, both emotionally and legally. Here’s a breakdown of the risks of noncompliance with the legal pool barrier laws of Arizona.
- Increased Risk of Drowning: Without proper barriers, children and pets are at a higher risk of accidental drowning, a leading cause of death for young children in Arizona [4].
- Legal Liability: Property owners may be held legally responsible for injuries or fatalities that occur due to noncompliant pool enclosures.
- Costly Lawsuits: Noncompliance can result in expensive lawsuits, including compensation claims for medical expenses, pain, and suffering.
- Fines and Penalties: Violating Arizona pool fence laws can lead to fines and other penalties imposed by local authorities.
- Criminal Charges: In severe cases, negligence resulting in injury or death could lead to criminal charges.
How The Sorenson Law Firm Can Help
Complying with Arizona pool fence laws is not just a legal obligation—it is a critical step in protecting lives. With the expertise of The Sorenson Law Firm, you can navigate these regulations confidently and ensure the safety of your loved ones and community.
Here is how our personal injury attorneys can help you:
- Legal Guidance: Our attorneys can help property owners understand and comply with Arizona’s pool fence laws to prevent accidents and avoid legal issues.
- Accident Representation: If you or a loved one has been injured due to noncompliant pool safety measures, we can help you pursue compensation for damages.
- Liability Defense: If you are a property owner facing a lawsuit, our team can provide a strong defense to protect your rights and interests.
- Peace of Mind: By ensuring compliance with safety laws, we help create a safer environment for families and reduce the risk of legal complications.
If you have questions about your pool’s compliance or need legal assistance with pool safety regulations, contact The Sorenson Law Firm. Our team of legal experts can help guide you through the legal requirements for pool safety, ensuring you avoid penalties and keep your pool area safe.
The Sorenson Law Firm
Phone: 480-839-9500
Address: 950 W Elliot Rd Suite 226, Tempe, AZ 85284
Sources:
[1] https://www.azleg.gov/ars/36/01681.htm
