Q: I am selling a rental property with a swimming pool in the backyard. The buyer is concerned about tenants with small children. What are the rules regarding swimming pools at a residential income property?
A: The buyer/landlord is right to be concerned about children in a rental property with a pool. In California, drowning was the leading cause of accidental death in and around the home for children under the age of 5 years. There are different rules for “Public Swimming Pools,” such as at an apartment complex, and those in single-family residences.
1. PUBLIC SWIMMING POOLS: Effective as of January 1, 2010, a law (AB 1020) to implement new requirements to prevent entrapment hazards in public swimming pools and spas went into effect. The purpose of this new law is to ensure that California law is in conformance with new federal safety standards designed to prevent entrapment hazards associated with public swimming pools and spas.
More specifically, this new law increases the safety of public swimming pools and spas by: (1) adopting the federal swimming pool and spa drain cover standard, and (2) ensuring that public swimming pools and spas are equipped with proper safety devices.
An informational side-by-side document of these laws showing the difference between the federal act and state law can be found at:
The law covers “public swimming pools” which include: “An outdoor or indoor structure, whether in-ground or above-ground, intended for swimming or recreational bathing, including a swimming pool, hot tub, spa, or non-portable wading pool, that is any of the following:
(a) Open to the public generally, whether for a fee or free of charge.
(b) Open exclusively to members of an organization and their guests, residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multi-family residential area, or patrons of a hotel or other public accommodations facility.
(c) Located on the premises of an athletic club, or public or private school.”
After January 1, 2010, all newly-constructed public swimming pools shall be equipped with drain covers that comply with the applicable ASME/ANSI performance standard:
- Public swimming pools with a single main drain that is not an unblockable drain shall be further equipped with at least one more safety device that would prevent physical entrapment by pool drains.
- Public swimming pools constructed on or after January 1, 2010, shall have at least two main drains per pump meeting the required specifications
- Public swimming pools constructed prior to January 1, 2010, shall be retrofitted to comply with these requirements to prevent entrapment by July 1, 2010.
- Public swimming pools that completed a retrofit between December 19, 2007, and January 1, 2010, that complied with the federal law are exempt from further retrofitting, provided that the public swimming pool owner files the required documentation of the retrofit.
2. SINGLE-FAMILY RESIDENCE POOL REQUIREMENTS: According to Health and Safety Code section 115922, after January 1, 2007, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seven drowning-prevention safety features:
(a) The pool shall be isolated from access to a home by an enclosure that meets the statutory requirements.
(b) The pool shall incorporate removable mesh pool fencing that meets applicable standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(c) The pool shall be equipped with an approved safety pool cover that meets all requirements.
(d) The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
(e) All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.
(f) Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water.
(g) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above.
In addition, there is a brochure on drowning prevention guidelines, with excellent recommendations on pool safety, on the California Dept. of Public Health website at:
http://www.cdph.ca.gov/HealthInfo/injviosaf/Documents/DrowningSafetyBarriers.pdf
NOTE: This is a brief summary of the laws relating to swimming pool safety. For a complete list of requirements, all property owners, buyers and renters of properties with pools and/or spas should check with their attorney or other qualified professional regarding compliance with state and local laws and regulations.
PRACTICE TIPS:
1. Whenever listing a property for sale, lease or rent which has a pool and/or spa, advise the seller/landlord in writing of the importance in bringing the pool/spa in compliance with state and local safety requirements prior to placing the property on the market. An accident could occur while the property is being shown.
2. Whenever showing property for sale or rent with a pool/spa, recommend in writing that the prospective buyers/renters have the property inspected by a pool/spa professional who can assess whether the pool/spa meets all of the applicable health and safety requirements.
3. If there are children present at a showing of a property that has a pool/spa, advise the parents to keep an eye on their children at all times. A gate or other pool safety device could be left open or unlocked, placing the children at risk.
DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
Copyright© Broker Risk Management 2011 01/21/11