Pool Safety Laws in Arizona

In Arizona, drowning is the leading cause of accidental death to children under the age of five. According to the U.S. Consumer Product Safety Commission, more than 300 pool or spa-related fatal drownings involving children under 15 years of age occur each year in the United States. In addition, there are more than 6,000 non-fatal drowning injuries each year, most of which involve children younger than five years of age.

Pool Barrier Laws

In response to these tragic statistics, pool barrier laws have been enacted by the Arizona State Legislature and by cities and towns across Arizona to prevent children from gaining unsupervised access to residential swimming pools. In this article, we will examine the state law regulating pool enclosures.

Under Arizona law, a swimming pool (or other contained body of water intended for swimming that is 18 inches or more in depth at any point and wider than eight feet at any point) must be entirely enclosed by at least a five-foot wall, fence or other barrier. The enclosure requirement applies to below ground and above ground pools alike.

The wall, fence or barrier can have no openings through which a spherical object four inches in diameter can pass. The horizontal components of the pool enclosure must be spaced not less than 45 inches apart measured vertically, or must be placed on the pool side of the wall, fence or barrier which cannot have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain-link fences must have a maximum mesh size of one and three-quarter inches measured horizontally.

Gates for the enclosure must be self-closing and self-latching, and open outward from the pool. The law imposes height and other restrictions on the latch, which vary according to the location of the latch relative to the pool, and the manner in which the latch is secured.

The wall, fence or barrier must not contain any openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.  The wall, fence or barrier must be at least 20 inches from the water’s edge.

If a house constitutes part of the enclosure required by law, then:

1. there must be a minimum four-foot wall, fence or barrier between the swimming pool and the house; or
2. the pool must be protected by a motorized safety pool cover which requires the operation of a key switch and meets other standards; or
3. all ground-level doors or other doors with direct access to the pool must be equipped with a self-latching device, and emergency escape or rescue windows from sleeping rooms with access to the pool must be equipped with a latching device not less than 54 inches above the floor, and all other openable dwelling unit or guest room windows with similar access must be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches above the floor; or
4. if the pool is above ground, it must have non-climbable exterior sides at least four feet high and any access ladder or steps must be removed and safely secured when the pool is not in use.

The pool enclosure requirements under state law do not apply to pools or barriers constructed before the enactment of the statute (June 2, 1991), to public or semi-public swimming pools, to a residence in which all residents are at least six years of age, or to irrigation canals, stock ponds or storage tanks, and the like.

Every swimming pool contractor and person entering into an agreement to sell, rent or lease a dwelling with a swimming pool or contained body of water must give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the Arizona Department of Health Services.

A person who violates Arizona’s pool enclosure law is guilty of a petty offense. No fine will be imposed, however, if the person installs the required pool barrier within 45 days of the citation and attends a swimming pool safety course.

Legal Tip:

Many cities and towns also have swimming pool barrier requirements. These requirements vary from place to place, and may be more stringent than state law. Every pool owner is advised to check his or her local pool barrier ordinance to ensure compliance.