Arizona Rental with Pool Liability Questions (first rental prop)

[Jonathan Firouzi]

Hi All!

I have a BIG question mark around pool liability. The house I own , I am looking to move out of and rent out to long term tenants.

I have searched this board and google and I have gotten answers all across the board...When I go to rent out this place, Do I need a safety fence (or gate) around my pool area? The pool is in the backyard which is only accessible from the side gate (which also serves as the front gate--confusing I know but , true). BUT other than the main entry gate previously mentioned, there is no gate or fence around the pool. The front gate does lock and have no other access points to the yard. However, this access point also serves as the door delivery drivers and guests use to do drop offs or walk up to knock the "front" door. 

Some search results have said a liability waiver/addendum signed by the tenants is enough , while others say I need an additional gate just to the pool area. I was wondering what you, as local landlords , have done or know about these rules and regulations? I want to protect myself and do things the right way so I wanted to see what you all thought. 

Thanks a million,

Jonathan

[Josh Young]

@Jonathan Firouzi some cities have additional requirements, so check with your local laws too, but here is a link to the state law requirements for pools: https://www.azleg.gov/ars/36/01681.htm

[Walter Moneypenny]

My company just has the tenant sign a waiver form. While it is OK for the legalities, I feel that the safer the pool area, the better. I do a lot of rentals in Phoenix and Glendale and am not aware of any city requirements for rentals. 

[Colleen F.]

@Jonathan Firouzi   Years ago AZ had the sliding glass doors right to the pool area and I thought that was crazy if you have kids. It was just the two of us but when we rented our house we added the fence with a pool style gate latch.  It wasn't law but it was the right thing to do.  I would get a decent liability policy and enclose the pool separately. The tragedy of a drowning or near drowning will change you forever even if you weren't at fault. 

[Jonathan Firouzi]

Thanks Colleen, I have considered exactly what you said and have a company coming Friday to install a metal fence around the pool for extra safety. Like you said, for my peace of mind, it just wasn't worth the thought of something happening. 

Thanks for the input !

[David Avery]

I've seen  plenty of homes with pools that are vacant. 

No locks on gates. 

Water looked like "Fear Factor "

Liability times 1000.

Between tenants what a nightmare!!!

What if a tenant moves out without you knowing.?

[Walter Moneypenny]

Quote from @Account Closed:

Quote from @Jonathan Firouzi:

Hi All!

I have a BIG question mark around pool liability. The house I own , I am looking to move out of and rent out to long term tenants.

I have searched this board and google and I have gotten answers all across the board...When I go to rent out this place, Do I need a safety fence (or gate) around my pool area? 

Nationwide 

'Signed by the U.S. President Bush on December 2007, the VGB Pool and Spa Safety Act (P&SSAct) has been in effect since December 19, 2008. This code is designed to prevent swimming pool accidents."

Arizona

ARS 36-1681. Pool enclosures; requirements; exceptions; enforcement

A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.

******************************************************

"shall be" means "Yes, no exceptions"

D. This section does not apply to:

4. A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.

I believe it dates to JULY 31, 2019

"If a child in Arizona drowns or otherwise suffers an injury because of your improperly enclosed swimming pool, you could be civilly liable."

"A victim’s family could file a personal injury or wrongful death lawsuit against you for negligently failing to fulfill the pool fence requirements"

 It also has more exceptions:

7. A residence in which all residents are at least six years of age.

E. A person on entering into an agreement to build a swimming pool or contained body of water or sell, rent or lease a dwelling with a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services.

To me, every pool needs a fence! If you are renting to someone who has kids all over 6 years old, what about the next tenant?