That is the question and there is no clear-cut answer! One of the things I just knew I wanted in my first home in Arizona was a backyard pool. Fortunately, I lived here for about 7 months before we purchased our first home and that gave me some time to not only think this through but see some real-life issues that come with owning a pool.
The first thing that comes to mind is safety; are there kids in the home? Arizona law requires that you have safety gates surrounding your pool entrance. This is not only for family and visitors to your home but for potential trespassers. Yes, people could come into your yard uninvited! Not only people but depending on where you live, animals!
Safety is a big concern when there are children in the home. Each year Arizona firefighters rescue many children and sadly, many of them turn out to be fatalities.
In 2023, Maricopa and Pinal counties saw 12 pediatric drownings, and 57 drownings among all age groups. The number of pediatric drownings in the first seven months of 2024 is projected to surpass the average number of drownings in the last 11 years, which sits at 13.
So, as you digest those very sobering numbers, here is what you need to know about residential law in Arizona and owning a pool:
- Pool is defined as a contained body of water 18 inches in depth at any point wider that 8 feet at any point measured from the exterior side
- It must be enclosed by at least a 5-foot wall or fence or another barrier
- There should be no opening through which an object 4 inches or more in diameter could pass through
- Most municipalities require the pool to be 10 feet or more from the house up to 25 feet
- Important to have pool cover to slow evaporation and keep temperature consistent and save on chemicals
- If children under 6 live in the house ARS 36-1681 requires fencing
- The statute applies to hot tubs and any body of water intended for swimming including above ground and portable pools 18 inches in depth or wider than 8 feet at any point
- *Fun Fact: Pools can add ROI to your home values averaging 50%
There are additional requirements for the gate enclosures and for the pool covers. Additionally, anyone entering into agreement to build a swimming pool or renting or leasing a home with a pool is to receive notice on safety education approved by the department of health services.
If you decide to move forward there is the decision of saltwater vs. chlorine pools, which is better? Google can help you with that question. They say saltwater pools require less upkeep, but chlorine pools may be more durable. And the debate goes on!
Still want to have a pool?? I know many families that own pools and absolutely love them, but you probably will agree that it can be a commitment and requires much thought before jumping into the deep end – pardon the pun!
The full body of statue (36-1681) can be found at this link: https://www.azleg.gov/ars/36/01681.htm
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