36-1681

36-1681. Pool enclosures; requirements;
exceptions; enforcement

A. A swimming pool, or other contained body of water that contains water eighteen
inches or more in depth at any point and that is wider than eight feet at any point and
is intended for swimming, shall be protected by an enclosure surrounding the pool area,
as provided in this section.

B. A swimming pool or other contained body of water required to be enclosed by
subsection A whether a belowground or aboveground pool shall meet the following
requirements:

1. Be entirely enclosed by at least a five foot wall, fence or other barrier as
measured on the exterior side of the wall, fence or barrier.

2. Have 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 shall be spaced not less than forty-five inches apart measured vertically or
shall be placed on the pool side of a wall, fence or barrier which shall not have any
opening greater than one and three-quarter inches measured horizontally. Wire mesh or
chain link fences shall have a maximum mesh size of one and three-quarter inches measured
horizontally.

3. Gates for the enclosure shall:

(a) 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 or be secured by a
padlock or similar device which requires a key, electric opener or integral combination
which can have the latch at any height.

(b) Open outward from the pool.

4. The wall, fence or barrier shall 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.

5. The wall, fence or barrier shall be at least twenty inches from the water's
edge.

C. If a residence or living area constitutes part of the enclosure required by
subsection B for a swimming pool or other contained body of water in lieu of the
requirements of subsection B, there shall be one of the following:

1. Between the swimming pool or other contained body of water and the residence or
living area, a minimum four foot wall, fence or barrier to the pool area which meets all
of the requirements of subsection B, paragraphs 2 through 5.

2. The pool shall be protected by a motorized safety pool cover which requires the
operation of a key switch which meets the American society of testing and materials
emergency standards 13-89 and which does not require manual operation other than the use
of the key switch.

3. All ground level doors or other doors with direct access to the swimming pool or
other contained body of water shall be equipped with a self-latching device which meets
the requirements of subsection B, paragraph 3, subdivision (a). Emergency escape or
rescue windows from sleeping rooms with access to the swimming pool or other contained
body of water shall 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 shall 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.

4. The swimming pool shall be an aboveground swimming pool which has non-climbable
exterior sides which are a minimum height of four feet. Any access ladder or steps shall
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.

D. This section does not apply to:

1. 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.

2. Stock ponds, storage tanks, livestock operations, livestock watering troughs or
other structures used in normal agricultural practices.

3. Public or semi-public swimming pools.

4. A swimming pool or contained body of water or barrier constructed prior to the
effective date of this article.

5. Political subdivisions which enact a swimming pool barrier ordinance before the
effective date of this article.

6. Political subdivisions which 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.

7. A residence in which all residents are at least six years of age.

E. A person on entering 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 shall give the buyer, lessee or renter a notice explaining safety education and
responsibilities of pool ownership as approved by the department of health services.

F. A person who violates this section is guilty of a petty offense except that 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.