Pool Barrier Basics For Home Buyers

It’s that time of year here in Arizona when we can’t seem to go for more than a week without hearing about a child drowning in their family pool. An often times these drownings could have been avoided if the home owners would have been in compliance with pool barrier laws. Arizona does have a state law requiring that all residential pools have a barrier and that families with children under six have an additional barrier between the pool and the house. Many cities also have their own laws which are more stringent.

So if you are buying a house with a pool, what should you do? First, when you make an offer on a house with a pool your Realtor is going make you acknowledge as part of the contract that you are aware of these laws. The seller is also required to give you a copy of the pool safety notice from the Arizona Department of Health Services. The seller is also required to let you know of any code violations as part of the Seller’s Property Disclosure Statement (what we call the SPDS).

So whose responsibility is it to make sure the pool is up to code? Is it up to the buyer or the seller? Well here’s what it says in boilerplate Arizona real estate contract: "During the Inspection Period, Buyer agrees to investigate all applicable state, county, and municipal swimming pool barrier regulations and, unless reasonably disapproved within the Inspection Period, agrees to comply with and pay all costs of compliance with said regulations prior to possession of the Premises." So it is you, the buyer that is responsible to make sure everything is up to code in regards to pool barriers.