Ariz. Admin. Code § 21-8-114

Current through Register Vol. 30, No. 52, December 27, 2024

Section R21-8-114 - Pool Safety

A. The provisions of this Section apply to:

1. Each Child Welfare Agency residential group care facility; and

2. A foster home licensed to provide care to a child six years of age or less, or an individual with a developmental disability.

B. If a provider listed in subsection (A) has a pool the provider shall ensure the following:

1. That the pool complies with A.R.S. § 36-1681 and all local municipal codes to the extent not inconsistent with this Section.

2. A fence or barrier meeting the following requirements is maintained between the pool and the home, or any building used to provide care and supervision.

a. The exterior side of the fence or barrier is at least five feet high;

b. All openings shall measure less than four inches;

c. If the barrier is a chain link fence or lattice, each opening in the mesh measures less than 1 3/4 inches horizontally. Chicken wire and other light gauge wire are prohibited as a primary fencing material for the pool;

d. The exterior side of the barrier is free of hand holds, or foot holds, or other means that could be used to climb over it and if it has a horizontal component spaced at least 45 inches, measured vertically;

e. The gate to the enclosure is locked, except when in use and there is an adult within the enclosure to supervise the pool and spa area;

f. The connection between the panels of the fence cannot be separated without a key or a tool;

g. The fence is secured to the ground or has sufficient tension to prevent the fence from being lifted more than four inches from the ground;

h. If the home or building to provide care or supervision constitutes part of the enclosure:

i. The enclosure does not interfere with safe egress from the home;

ii. A door from the home does not open within the pool enclosure, unless it is a bedroom door in a bedroom not occupied by an individual six years of age or less receiving care and such a door cannot be opened by a foster child six years of age or less or child in a residential group care facility because it is either locked as required in R21-8-113(B)(1)(c)(ii) or inoperable. Any key shall not be accessible to a foster child six years of age or less or child in a residential group care facility;

iii. A window located in a room that is designated as a bedroom for a foster child six years of age or less or child in a residential group care facility shall not open into the pool enclosure or shall be permanently locked and not used for egress; and

iv. Other windows that open into the pool enclosure are permanently secured to open no more than four inches; or as required in R21-8-113 (B(1)(c)(i).

v. Animal or doggie doors shall not open directly into the pool enclosure.

3. A pool shall have its methods of access through the barrier equipped with a safety device, such as a bolt lock:

a. Gates should be self-closing and self-latching, maintained in good repair, and open out or away from the pool.

b. The gate latch is at least 54" above the ground and is equipped with a key or combination lock.

4. If the swimming pool cannot be emptied after each use, the pool must have a working pump and filtering system.

5. Hot tubs and spas must have safety covers that are locked when not in use.

6. Hot tubs and spas that are drained must be disconnected from the power and water source and have safety covers that are always locked.

C. The Department shall not approve a locked cover in lieu of the fence required under subsection (B).

D. After a fence has been inspected and approved by OLR as meeting the standards required under subsection (B), the provider shall ensure the fence is not dismantled or moved for as long as the provider is licensed by OLR.

E. Regardless of the age of the foster child or child in a residential group care facility living in the home, if the pool is deeper than six feet, the care provider shall ensure the following rescue equipment is available in the pool area:

1. A shepherd's crook attached to a pole; and

2. A ring buoy attached to a rope that measures at least half of the distance across the pool plus 10 feet.

F. A drained pool is a safety hazard. The provider shall comply with this Section or R21-8-105, if applicable.

Ariz. Admin. Code § R21-8-114

Renumbered from R21-8-113 and amended by final rulemaking at 28 A.A.R. 809, effective 6/6/2022.