Arizona Revised Statutes (ARS) § 36-1681 requires that all swimming pools or other contained bodies of water that are intended for swimming and are wider than eight feet at any point and contain water eighteen inches or more in depth at any point must be protected by an enclosure. The law is in place to protect individuals, especially children, from accidental drowning. In this article, we will discuss the details of the law, the requirements for the enclosure, and how Pool Safety Fencing can help you install a new pool fence that meets the statutes.
Requirements for the Enclosure
According to the law, a swimming pool or other contained body of water that is required to be enclosed must meet the following requirements:
- The enclosure must be at least five feet high and be entirely enclosed by a wall, fence, or other barrier measured on the exterior side.
- There can be no openings in the wall, fence, or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence, or barrier must be spaced at least forty-five inches apart measured vertically, or be placed on the pool side of a wall, fence, or barrier that does not 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, with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism. Alternatively, the gate can be secured by a padlock or similar device that requires a key, electric opener, or integral combination, which can have the latch at any height. Gates must also open outward from the pool.
- The wall, fence, or barrier must not contain 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 twenty inches from the water’s edge.
If a residence or living area constitutes part of the enclosure, the pool must be protected by one of the following:
- A minimum four-foot wall, fence, or barrier to the pool area which meets all of the requirements above.
- A motorized safety pool cover that requires the operation of a key switch that meets the American Society of Testing and Materials emergency standards 13-89 and that does not require manual operation other than the use of the key switch.
- All ground level doors or other doors with direct access to the swimming pool or other contained body of water must be equipped with a self-latching device that meets the requirements above. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water must be equipped with a latching device not less than fifty-four inches above the floor. 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 fifty-four inches above the floor.
- The swimming pool must be an aboveground swimming pool that has non-climbable exterior sides that are a minimum height of four feet. Any access ladder or steps must be removable without tools and secured in an inaccessible position with a latching device not less than fifty-four inches above the ground when the pool is not in use.
Exemptions – The law does not apply to the following:
- A system of sumps, irrigation canals, irrigation, flood control, or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water.
- Stock ponds, storage tanks, livestock operations, livestock watering troughs, or other structures used in normal agricultural practices.
- Public or semi-public swimming pools.
- A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.
- Political subdivisions that enact a swimming pool barrier ordinance before the effective date of this article.
- Political subdivisions that adopt ordinances after the effective date of this article provided that the ordinance is equal to or more stringent than the provisions of this article.
- A residence in which all residents are at least six years of age.
Responsibilities of Pool Ownership
If you enter into an agreement to build a swimming pool or contained body of water or sell, rent, or lease a dwelling with a swimming pool or contained body of water, you must give the buyer, lessee, or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services. This is to ensure that all parties involved are aware of the requirements and responsibilities that come with owning a pool.
Penalties for Violations
Anyone who violates this section is guilty of a petty offense. However, no fine may be imposed if a sufficient showing is made that the person has subsequently equipped the swimming pool or contained body of water with a barrier pursuant to the standards adopted in subsection B within forty-five days of citation and has attended an approved swimming pool safety course.
Pool Safety Fencing: Helping You Meet the Statutes
Pool Safety Fencing is a professional pool fence installation company that can help you comply with the Arizona Revised Statutes (ARS) § 36-1681. With years of experience in the industry, their team of experts can help you choose the right type of fence that meets the requirements of the law and your personal preferences.
Their pool fences are made of high-quality materials that are durable, long-lasting, and can withstand harsh weather conditions. They offer a variety of fence styles, including aluminum, mesh, and glass, that can be customized to fit your pool and outdoor living space. Their fences are also easy to maintain and can be cleaned with simple soap and water.
Pool Safety Fencing takes pride in providing excellent customer service and ensures that your fence installation is done correctly and efficiently. They offer a free consultation and estimate, so you can discuss your needs and budget with their team of experts. With their help, you can have a safe and secure pool area for you and your loved ones to enjoy.
In conclusion, the Arizona Revised Statutes (ARS) § 36-1681 requires that all swimming pools or other contained bodies of water that are intended for swimming and are wider than eight feet at any point and contain water eighteen inches or more in depth at any point must be protected by an enclosure. The enclosure must meet specific requirements, including a five-foot wall, fence, or other barrier, self-closing and self-latching gates, and no openings that a four-inch diameter sphere can pass through.
If you are looking to install a new pool fence or update an existing one, Pool Safety Fencing can help you meet the statutes. They offer a variety of high-quality fence styles that can be customized to fit your needs and budget. With their help, you can have peace of mind knowing that your pool area is safe and secure for your loved ones. To schedule a free on-site pool fence estimate, please click here or give us a call @ 480-771-8026.