As of this writing, there are already around 505,000 residential swimming pools in Arizona. It means that there is one pool for every 13 residents. That number does not even include the swimming areas for public and commercial use. With more pools per person than any other state, this draws attention to Arizona’s dry climate. Here, owning a pool is more for cooling purposes than just for mere leisure. Therefore, if you have one in your backyard, understanding Arizona swimming pool regulations is a must.Â
Moreover, if you or someone close to you has been injured due to unsafe pool conditions, you should know how the law protects your rights. Swimming pool accident victims can file for compensation under the premises liability laws. Read on to know more.Â
Arizona Swimming Pool Regulations
Pool safety is not a seasonal concern. Pool owners must abide by the law all year round. Arizona enforces strict swimming pool regulations to prevent accidental drowning. Thus, understanding these laws is the key to determining liability in personal injury claims.
Statewide Pool Barrier RequirementsÂ
First and foremost, to prevent unsupervised kids from wandering into the pool area. Arizona Revised Statutes § 36-1681 requires that any residential pool deeper than 18 inches and wider than 8 feet must be enclosed by a compliant barrier. This applies to both in-ground and above-ground pools.
Minimum Barrier Standards:
Height: The barrier must be at least 5 feet tall, measured from the outside ground level.
Openings: There should be no gaps wider than 4 inches. To check, if a 4-inch ball can pass through, then it would be easy for a toddler to enter that gap.
Climb Prevention: Horizontal components must be spaced at least 45 inches apart vertically. Also, such components must be placed on the inside (pool side) so that kids will not be able to use them as a ladder.
Distance from Water: The pool fence must be at least 20 inches away from the water’s edge. This will become a buffer zone in case someone gets through.
Gates: Pool gates must be self-closing and self-latching. It must swing outward or open away from the pool. The latch must be positioned at least 54 inches above ground. However, if the latch is installed on the pool side, it should have a release mechanism that will be difficult for little hands to reach. The goal is to make everything inaccessible to young children.Â
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If the House Is Part of the Barrier
Let’s say you’re a pool owner and your back door opens right into the pool area. This is common in Arizona homes, where patios often have direct access to the swimming pool. So, if your house forms part of the enclosure, then you must take additional precautions:
- Install a secondary barrier (minimum 4 feet tall) between the house and pool.
- Use a motorized safety pool cover that meets ASTMÂ F1346 standards and requires a key switch to operate.
- Equip all doors with self-latching locks and alarms.
- Make sure any windows that open into the pool area have latches at least 54 inches off the floor.
These measures are designed to prevent unsupervised access, especially by young children who may slip outside unnoticed. In short, it is all about making your home safer.Â
However, if you or a loved one was hurt in a swimming pool accident, try to find out if the pool owner took the required safety measures.Â
Stricter Local OrdinancesÂ
While A.R.S. § 36-1681 sets the statewide minimum, cities and counties often impose stricter rules. For instance, Maricopa City Code § 18.80.120 requires a 3-foot setback from the pool’s edge to the property line. This law also restricts where to place filtration equipment. So, check the city or county codes to see if the pool complies with the current regulations.Â
Legal Consequences
So, what happens if the owner did not comply? Even if nothing happens, failing an inspection may result in fines or being required to make costly modifications. Moreover, if someone gets hurt because the pool wasn’t properly secured, the owner could face serious legal and financial consequences. Under Arizona premises liability law, this results in civil liability for any of the following incidents:
- Drownings or near-drownings
- Slip and fall injuries
- Chemical exposure
- Equipment-related injuries
In a swimming pool accident claim, the person who got hurt has the burden of proof. In other words, the victim must demonstrate that the pool owner breached their duty of care, which directly caused the injury. Therefore, to strengthen your case, you must understand what these regulations are all about.Â
Moreover, Arizona courts consider the victim’s status on the property when evaluating the scope of the owner’s liability. So, if you are a trespasser, you cannot hold the owner responsible for any injury that you have suffered while inside the property.
However, it’s an entirely different case if the trespasser is a small child or a toddler. The law protects children who are too young to discern property boundaries. The kid is considered an attractive nuisance, and this is why barriers are required in the first place. Therefore, when a small child suffers injuries or drowns in a neighbor’s pool, that neighbor may be held liable for the accident. Â
Updates on Arizona Swimming Pool Regulations
Arizona’s statewide pool safety regulations are revised as needed, typically in response to:
- New safety research or technology (like improved pool covers or alarms)
- Tragic incidents that highlight gaps in existing laws
- Local government initiatives or public health campaigns
- Changes in national standards, such as those from the Consumer Product Safety Commission (CPSC)
Therefore, it’s always good to check the current city codes and HOA rules for updated pool regulations.Â
If you or a loved one has been injured in a pool-related incident, you need to file a swimming pool injury claim. Consult a swimming pool accident lawyer as soon as you can. Our legal team understands Arizona’s pool safety laws and how to hold negligent property owners accountable. We can help you pursue compensation for medical bills, lost wages, pain and suffering, and even wrongful death.