Arizona Pool Owners Legal Responsibility.

Each year, too many children in Arizona are victims of drowning or near-drowning. Arizona legislature has passed laws in order to help protect children from gaining unsupervised access to residential pools. Here are a few of the requirements as posted by the ADHS Office of Environmental Health:

Pool Enclosure Requirements

At a residence with a swimming pool where one or more children under six years of age live in the residence:

A.R.S. § 36-1681 requires that a swimming pool be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area. Unless a local code provides otherwise, the enclosure of a belowground or aboveground pool must:

  • Entirely enclose the pool area;
  • Be at least 5 feet high;
  • Have no openings other then doors or gates, through which an object 4 inches in diameter can pass;
  • Have no openings, handholds, or footholds accessible from the exterior side that can be used to climb the barrier; and
  • Be at least 20 inches from the water’s edge.

If, however, a residence or living area makes up part of the enclosure required by A.R.S. § 36-1681(B), there must be:

  • A wall, fence, or barrier located between the swimming pool or other contained body of water and the residence or living area that:
    • Has a height of at least four feet;
    • Has no openings through which a spherical object four inches in diameter can pass;
    • Has a gate that opens outward from the pool and is self-closing and self-latching;
    • Has no openings, handholds, or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence, or barrier; and
    • Is at a distance of at least twenty inches from the water’s edge;
  • 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);
  • For each door or window in the residence or living area that has direct access to the pool:
    • A self-latching device that is located not less then fifty-four inches above the floor; and
    • Either a screwed in wire mesh screen covering a dwelling or guest room window or a keyed lock that prevents a dwelling or guest room window from opening more then four inches; or
  • For an aboveground swimming pool, non-climbable exterior sides which are a minimum height of four feet and access ladders or steps that are removable and able to be secured when the pool is not in use.

Gate Requirements

According to A.R.S. § 36-1681(B)(3), any gate in either the five-foot-tall wall, fence, or barrier enclosing a pool or the four-foot-tall wall, fence, or barrier between the residence or other living area and a pool must:

  • Open outward from the pool
  • Be self-closing and self-latching; and
  • Have a latch:
    • Located at least fifty-four inches above the underlying ground;
    • Located on the pool side of the gate with the latch’s release mechanism located at least five inches below the top of the gate and no opening greater than one-half inch with twenty-four inches of the release mechanism; or
    • Located at any height if secured by a padlock or similar device which requires a key, electric opening, or integral combination.

Platinum Pools encourages all pool owners to remain vigilant and NEVER allow children under 6 y/o unsupervised access to swimming pools. We can also help you create a safe environment around your pool. If you have any questions, please call us (480) 888-9200 – East Valley or (623) 847-9200 – West Valley.

Please note the information provided is not legal advice. To read the full documentation on the law please visit http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/36/01681.htm&Title=36&DocType=ARS.