Above Ground Pool Fencing Regulations

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    Federal Law

    • The Virginia Graeme Baker Pool and Spa Safety Act lays down certain requirements that the states much include within their own pool safety regulations. Part of the acts' minimum state requirements is that every public and residential pool and spa have an effective and secure fence. The main purpose is to keep small children from entering the pool without supervision. The law allows a natural or man-made barrier instead of a fence so long as it fulfills the same purpose.

    Grant Program

    • The Virginia Graeme Act also began a state grant program that rewards states that comply with federal regulations and amend or enact their own pool safety laws. Should any state meet the minimum state requirements and then apply for the grant they will be given funds. The funds are to be used for educational and administrative purposes related to the law and for hiring personnel to enforce the law.

    Ask Locally

    • Various state and city laws govern the construction and fencing of a residential pool or spa and some of them go far beyond the federal requirements. They may require alarms, child resistant fences, warning signs and anti-entrapment provisions. Contact your local municipality before constructing a pool. Zoning permits may also be required depending on where you plan to place the swimming pool.

    Accidents

    • The Consumer Product Safety Commission or CPSC is responsible for enforcing federal pool regulations. According to a report by the CPSC the primary reason for fatalities or injuries caused by pool accidents is inadequate fencing. Most of those injuries were sustained by the pool-owners own children. Also stated by the CPSC, most of the time those kids were away from their parents for less than seven minutes.

    Liability

    • According to the CPSC you will likely be held liable for any accidents that occur in your pool. The law distinguishes between three types of pool occupants: invitee, licensee, and trespasser. An invitee is someone who you invite to swim. A licensee is a person who comes to service the pool or access the premises for business purposes. A trespasser is a person who has entered the facility uninvited and without permission. You are more liable for the Invitee and licensee than for the trespasser but to be certain you avoid accidents, maintain a proper barrier around your pool.

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