Even a momentary lapse in judgment can result in drowning or other serious injury when at or near a swimming pool. As such, California imposes a variety of rules known as the Swimming Pool Safety Act on the owners of swimming pools. The Swimming Pool Safety Act sets out the rules that pool owners must follow to build, maintain and supervise a swimming pool.
Negligent use, construction, maintenance or supervision of a pool can result in death or serious injuries including:
Because the risk of death or injury is so great, it is essential for pool owners and operators to be aware of their duties and responsibilities. Improper supervision of the pool, or unsafe conditions at the pool or adjacent area, can result in liability for the pool owner. Pool owners may be held liable for any of the following:
The Swimming Pool Safety Act requires California pool owners to maintain at least two of the following safety measures at their pool:
Furthermore, California pool owners must meet sanitation and other safety requirements such as California Building Safety Code (CBSC), Chapter 31B which sets forth a number of rules regarding:
Under California law, a public pool is one operated for the use of the general public, with or without a charge. A public pool does not include one located at a private, single-family residence. A public pool may include one at a private club, hotel, motel, inn, apartment complex, municipality, or any residential setting other than a single-family home.
California law places additional duties of care on those responsible for maintaining public pools, over and above what is required of private pools. For example, a public pool must be equipped with an anti-entrapment device and must have a qualified lifeguard on duty if a fee is charged. California Code of Regulations, Chapter 20 sets forth a variety of other rules which apply specifically to public pools including records requirements, employee health and safety requirements and prohibition of animals.
Additional information about California pool safety requirements and ways that pool owners can keep their pool safe is available here from the California Department of Public Health.
California Legislative Information (Swimming Pool Safety Act)
California Legislative Information (California Health and Safety Code §116040)
California Legislative Information (Swimming Pool Safety Act §115921)
California Department of Public Health
California Legislative Information (Swimming Pool Safety Act §116045)
Westlaw/Thomson Reuters (California Code of Regulations §65521-§65551)
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