Section R9-33-206. Swimming Pool Requirements

A.      Except as provided in subsection (B), a licensee shall ensure that a private residential swimming pool on the premises:

1.        If filled with water, is surrounded by a fence or enclosure constructed of rigid material that:

a.        Is at least 5 feet high;

b.        Is free of an opening that exceeds 4 inches or, if a wire mesh fence, is free of an opening that exceeds 1 3/4 inches;

c.        Is free of openings for handholds or footholds on the exterior of the fence or enclosure;

d.        Is at least 20 inches from the edge of the private res- idential swimming pool;

e.        Is clear of objects out to a distance of 30 inches on either side of the fence or enclosure from the level of the ground to a height of 5 feet above the fence or enclosure;

f.         Has at least one gate that:

i.         Opens outward from the private residential swimming pool,

ii.        Has a self-closing latch attached no less than 54 inches above ground level as measured from the exterior side of the fence or enclosure, and

iii.      Is locked when the private residential swim- ming pool is not in use;

g.        Is secured perpendicular to level ground; and

h.        Is located at least 54 inches from the exterior wall of the facility to allow evacuation without entering the private residential swimming pool area;

2.        Is not located in the path of an emergency exit;

3.        If filled with water, is equipped with the following:

a.        An operational water circulation system that clari- fies the swimming pool water,

b.        An operational vacuum cleaning system that main- tains the sides and bottom of the pool free of dirt and debris,

c.        A shepherd’s crook that is attached to its own pole, and

d.        A ring buoy with an attached rope that is at least 10 feet long plus the distance from the edge to the mid- dle of the private residential swimming pool; and

4.        If not filled with water, is covered completely by a cover- ing that:

a.        Is permitted by the local jurisdiction,

b.        Is free of an opening that exceeds 1 inch,

c.        Withstands weight of at least 495 pounds per square foot on all parts of the covering without any distor- tion or compression, and

d.        Has at least one access hatch that is locked so that a resident cannot open it.

B.       The requirements in subsection (A) do not apply to a group home if the Division provides to the Department written docu- mentation indicating that the Division has determined that the private residential swimming pool is safe, based upon the functional level of the residents:

1.        At the time of initial licensure,

2.        At the time of license renewal, and

3.        Upon the placement of a resident at the group home.

C.      A licensee shall ensure that a spa:

1.        Except as specified in subsection (C)(2), is covered and locked when not in use, with a mechanism that a resident cannot open; and

2.        If a resident is under 6 years of age, is enclosed by a fence specified in subsection (A)(1).

Historical Note

New Section made by final rulemaking at 8 A.A.R. 910, effective February 11, 2002 (Supp. 02-1). Section renum- bered to R9-33-205; new Section made by final rulemak- ing at 18 A.A.R. 3295, effective February 3, 2013 (Supp.

12-4).