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Arizona Swimming Pool Safety Regulations: What Homeowners and Buyers Need to Know
Swimming pools are a big part of the Arizona lifestyle. They can also add enjoyment and appeal to a home, but owning a pool comes with important safety responsibilities.
If you're buying or selling a home with a swimming pool in Arizona, it's important to understand the state's pool-barrier requirements and to remember that your city, town, or county may have additional or more restrictive requirements.
What Does Arizona Law Require?
Arizona's residential swimming pool safety law is primarily found in A.R.S. § 36-1681.
The law generally applies to a swimming pool or other contained body of water that is 18 inches or more deep and more than 8 feet wide and is intended for swimming. Arizona law requires qualifying pools to be protected by an enclosure, subject to exemptions contained in the statute.
The Basic Pool Barrier Requirements
Under Arizona law, a pool enclosure generally must:
Completely enclose the pool area.
Be at least 5 feet high, measured from the exterior side.
Not have openings through which a 4-inch-diameter sphere can pass.
Be designed so there are no accessible openings, handholds or footholds on the outside that could allow someone to climb the barrier.
Be located at least 20 inches from the water's edge.
Gates generally must:
Open outward, away from the pool.
Be self-closing and self-latching.
Have the latch positioned as required by Arizona law. Generally, the latch must be at least 54 inches above the ground, although the statute provides alternative configurations and locking mechanisms.
What If the House Is Part of the Pool Barrier?
This is particularly important in residential real estate.
Many Arizona backyards are designed so that the home itself forms part of the enclosure around the swimming pool. Arizona law provides several methods of complying when the residence or living area forms part of the pool enclosure.
Depending on the property, compliance may involve:
A separate barrier between the home and pool that is at least 4 feet high and meets the applicable barrier requirements;
An approved motorized safety pool cover;
Required self-latching devices on doors providing direct access to the pool and appropriate protection on accessible windows; or
Certain protections for qualifying above-ground pools.
For doors providing direct access to the pool, Arizona law includes requirements for self-latching devices. Windows providing access to the pool area may also require specific locking, latching or screening protection.
What About Above-Ground Pools?
Arizona law also addresses above-ground swimming pools.
An above-ground pool may qualify when it has non-climbable exterior sides at least 4 feet high, with ladders or steps that can be removed without tools and secured in an inaccessible position when the pool isn't being used.
Does This Apply If There Are No Young Children Living in the Home?
There is an important provision in Arizona law that homeowners frequently misunderstand.
A.R.S. § 36-1681 contains an exemption for a residence in which all residents are at least six years old. The statute also contains exemptions involving certain older pools and jurisdictions that have adopted their own qualifying pool-barrier ordinances.
That does not mean a homeowner should automatically assume that a barrier isn't required simply because no young children currently live in the home.
Local building and pool-barrier codes can apply, and Arizona allows cities, towns and other political subdivisions to adopt ordinances that are equal to or more stringent than state requirements.
Always verify the requirements for the specific property and jurisdiction.
Pool Safety and Selling Your Arizona Home
Pool safety can become an important issue during a real estate transaction.
Arizona law requires a person entering into an agreement to sell, rent or lease a dwelling with a swimming pool or qualifying contained body of water to provide the buyer, renter or lessee with an approved notice explaining pool-safety education and the responsibilities of pool ownership.
As a seller, don't wait until the last minute to discover that your pool gate doesn't close properly, the latch isn't compliant or another barrier issue needs attention.
Addressing these items early can help avoid unnecessary complications during the transaction.
Pool Safety Goes Beyond What the Law Requires
Meeting the minimum legal requirements shouldn't be the end of pool safety.
The Arizona Department of Health Services recommends multiple layers of protection, including effective barriers, active adult supervision, swimming and water-safety education, and CPR and first-aid training.
A pool fence or safety device is never a replacement for adult supervision.
Buying a Home With a Pool?
When you're considering an Arizona home with a swimming pool, don't just look at how beautiful the pool is.
Look at the barrier, gates, doors, windows and access points as well.
Ask questions:
Does the pool barrier comply with current requirements? Does the gate close and latch properly? Does the house provide direct access to the pool? Are there additional local requirements?
Those are important questions to address before you own the property.
I'm Here to Help
Arizona swimming pools are one of the great benefits of living in our desert climate, but safety needs to come first.
Whether you're buying or selling a home with a pool, I can help you identify questions that should be asked during the transaction and help you locate the appropriate professionals or local authorities when specific pool-barrier requirements need to be verified.
Wes Stolsek, REALTOR®
OMNI Homes International
520-404-9773
This article is provided for general real estate and educational purposes and is not legal advice. Pool-barrier requirements can vary by jurisdiction and property circumstances. Buyers and property owners should verify current requirements with the appropriate city, town, county or other governing authority.
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