The Arizona Association of Realtors has made the following information available to you to help educate you regarding the requirements for pool barriers at your home.
Because of the number of drownings and near-drownings in Arizona, most of which involve small children, the State of Arizona and most counties and cities within the state have enacted swimming pool barrier laws. Generally these pool barrier laws require that all affected swimming pools (or certain other contained bodies of water) be protected by an enclosure surrounding the pool area, or by another barrier, that meets specific requirements.
In general, these pool barrier laws require that a swimming pool be completely enclosed by a fence to restrict access to the swimming pool from adjoining property. These pool barrier laws also generally require that certain barriers be installed to restrict easy access from the home to the swimming pool. Therefore, these pool barrier laws contain specific requirements regarding the height and type of fences, tgates and doors from the home leading directly to the swimming pool; and regarding windows which face the swimming pool.
The Arizona Association of REALTORS has developed this information to determine the pool barrier law that applies to your specific property and the specific requirements of the applicable law. You should obtain and read the entire current applicable pool barrier law prior to purchasing a home with an existing pool; prior to erecting pool barriers; prior to altering, repairing or replacing pool barriers; or prior to building a pool.
The followin are answers to some commonly asked questions regarding these swimming pool barrier laws.
Q: The city in which my home is located does not have a swimming pool barrier ordinance. Does that mean that my property is exempt from the swimming pool barrier requirements?
A: No. If the city in which your home is located does not have a swimming pool barrier ordinance, the state swimming pool barrier law applies [Note: If your hoem is located in an unincorporated area, the countymay have an ordinance which applies.]
Q: What type of internal swimming pool barriers between the home and the swimming pool are required?
A: Depending on the applicable law, an accpetable internal swimming pool barrier between the home and the swimming pool may be a wall, fence, safety pool cover, self-closing and self-latching/locking doors, window locks, and in some cases an audible alarm system. Any combination of these barriers may be required to restrict access from the home to the swimming pool, depending on the swimming pool barrier law that applies to the home.
Q: Must all owners of homes with swimming pools erect internal swimming pool barriers to restrict access from the home to the swimming pool?
A: There are exceptions in some pool barrier laws to the general requirement of internal swimming pool barriers between the home and the swimming pool. these exceptions relate to the year the swimming pool was built, whether any additions, alterations, repairs or replacements were made to the existing swimming pool enclosures, and whether any young children, generally under six (6) years of age, occupy the home. You must review the applicable swimming pool barrier law to determine if there are any exceptions which apply to your home.
Q: Do these swimming pool barrier laws affect an above-ground swimming pool?
A: Yes, most swimming pool barrier laws contain requirements regulating above-ground swimming pools.
Q: Who is responsible for installing the swimming pool barriers?
A: Generally, the property owner is responsible for installing and maintaining the required swimming pool barriers.
For more information on this topic, please visit: http://www.aaronline.com/documents/pool_article.aspx