Since the start of 2007 there have been 2 deaths and 9 near deaths by drowning in Tucson. In just the past week there has been one death and 2 near drownings: 1-year old Daniela Parra drowned in an above ground pool in her backyard while friends and family were inside. A two-year old girl slipped past adults and nearly drowned in a backyard pool while other children were swimming. And a 5-year-old girl nearly drowned while swimming with adults and children. Every year we see heart-breaking stories like these that could be easily prevented and I thought it would be prudent to go over Arizona state pool laws for everyone.

In 1991 Arizona Revised Statutes (A.R.S) § 33-1681 was passed, requiring enclosures around pool areas. This is an Arizona state law but each city or county may implement additional, more restrictive laws. Check your local laws here. Here are the basics of the statute (from Arizona Department of Health Services – Residential Pool Safety Notice):

• Entirely enclose the pool area,
• Be at least 5 feet high,
• Not have openings, handholds, or footholds that can be used to climb the barrier,
• Have no openings through which an object 4 inches in diameter can pass,
• Be at least 20 inches from the water’s edge, and
• Prevent direct access from the house to the pool.

If the wall of the residence forms part of the pool enclosure, there must be:

• A barrier at least 4 feet high between the residence and the pool, or
• A motorized safety pool cover that requires a key switch and meets the American Society of Testing and Materials (ASTM) standards in F1346-91 (www.astm.org), or
• Self-latching devices on all doors with direct access to the pool, and
• Self-latching devices at least 54 inches above the floor on all emergency or rescue windows with direct access to the pool or pool area, and
• For all other openable windows with access to the pool or pool area, screwed in place wire more than 4 inches, or self-latching devices at least 54 inches above the floor.

GATE REQUIREMENTS
A.R.S. § 36-1681(B)(3) requires that all gates for the pool enclosure be self-closing, self-latching, and open outward from the pool. The latches must be:

• Located at least 54 inches above the ground; or
• If on the pool side, with a release mechanism, located at least 5 inches below the top of the gate, and so that no opening greater than 1/2 inch is within 24 inches of the release mechanism; or
• Secured at any height if secured by a padlock or similar devices that requires a key, electronic opener, or integral combination.

ABOVE GROUND POOL
A.R.S. § 36-1681(C)(4) requires that the exterior sides of an aboveground pool are nonclimbable and a minimum of 4 feet high. Any access ladder or steps must be secured and locked or removed when the pool is not in use.

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 (SPDS), 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.

And lastly folks, some basic pool safety issues. It isn’t rocket science but I’ll go over some easy rules to follow so we don’t see children drowning in pools:

• Learn to swim. You and your children. It is never too late to start so get on it! Here is a link to the Tucson YMCA swimming lessons.
• Never leave a child unobserved around water. Come on folks, kids can drown in seconds. If the phone rings, take your child with you. Better to be inconvenienced for two minutes than chance your child’s life.
• Keep a cordless phone nearby so that you can call 911 in an emergency.
• Learn CPR and insist anyone who cares for your children knows CPR. Link to Tucson’s Red Cross CPR website.
• Don’t leave furniture near the fence that would enable a child to climb over the fence.
• Keep basic lifesaving equipment by the pool and know how to use it. Pole, rope, and personal flotation devices (PFDs) are recommended.
• Keep toys away from the pool after use. Toys can and will attract young children into the pool.
• Pool covers should be completely removed prior to pool use.
• If a child is missing, CHECK THE POOL FIRST. Go to the edge of the pool and scan the entire pool, bottom, and surface, as well as the surrounding pool area.

I’d like to not see any more articles in the paper about children drowning in pools but I know that probably won’t happen. If you have a pool please make sure your barrier is up to code. If you are supervising children in a pool please stay attentive.

[tags]Tucson Pool Laws, Arizona Pool Law, Daniela Parra, Arizona Department of Health Services, Arizona Association of REALTORS, Tucson YMCA, CPR, Red Cross[/tags]

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