Tips on Ensuring the Safety of Your Backyard Pool or Spa

Finally, you found that perfect property in an area that you like. The only thing missing is an inviting backyard pool. As you envision neighborhood barbecues, children’s birthday parties, and days of leisure, your first step of the planning process should be to ensure that your contractor follows all codes denoted under the Health and Safety Code or HSC. Failure to do so can result in increased liability on your part for any injuries sustained on your property.

Article 2.5 - The Swimming Pool Safety Act (115920-115929), ratified on January 1, 2007, clearly states that before a permit will be issued for new construction or remodeling of a swimming pool or spa, the following seven prevention safety factors must be addressed for those zoned as a single family dwelling.

• The location of the pool or spa should be isolated from the main access of the home with a code-specified enclosure;
• The pool or spa should be protected by removable mesh pool fencing that meets the American Society for Testing and Materials (ASTM) with specifications and standards also used in conjunction with a self-closing and locking gate apparatus, which can accommodate a lockable key device; 
• The pool or spa should be built with an approved safety pool cover that meets all ASTM standards;
• The residence must be equipped with exit type alarms on all doors directly accessing the pool or spa area;
• All doors and exits leading directly to the pool or spa should also be equipped with self-closing and self-locking mechanisms with a release installed no lower than 54 inches above the floor;
• Alarms must also be placed on the structure and must sound when detecting an accidental or unauthorized entry into the pool or spa and must meet all independent certification of ASTM standards; and
• Before the issuance of the final permit approval, the local building code official must inspect all safety prevention devices and if any violations are disclosed, they must be adjusted to meet the offending code(s).

An estimated 400 children under the age of five accidentally drown in pools or spas each year, and an estimated 3,000 more are treated for pool-related injuries. These statistics should be even more motivation to ensure your pool area safety practices receive detailed attention.  

According to Zacks Investment Research, those who choose to own an “attractive nuisance” should also consider increasing their homeowner’s insurance liability coverage by at least $500,000. For a slight increase of an estimated increase of $50 to $75 in an annual premium, your dream of an enjoyable luxury will become a responsible reality.

If you have been recently injured due to violations of pool safety codes or personal ownership negligence, you may be eligible for compensation for medical bills, loss of wages, as well as pain and suffering. The nationally recognized Monterey County personal injury lawyers of Corsiglia, McMahon & Allard have extensive experience with dealing with insurance companies. Contact our offices today at (408) 298-7200 to learn more about how we can help you receive the compensation you deserve.

• Health and Safety Code - HSC
• Safety Standards for Swimming Pools
• How Much More Is Homeowners Insurance When You Have a Pool?