Top Items to Focus On
The pool is an extreme hazard as it can result in death of a person.
Put special attention on ANY and ALL items that provide or do not provide protection to humans
Photos
Photo of entire pool showing the fence or lack of
Photo of Entire Pool
Photo of gates to pool and whether there is a self closing latch and a lock
Pool Gates Locked
Photo of diving board(s) if present
Photo showing how pool is protected from entry from the dwelling (ie: fence or barrier between dwelling and pool)
Pool Protection
Inspection Prep
From Google, determine if pool is present prior to visit
Pool and Insurance
From a loss control perspective a pool or spa represents an extreme liability hazard. Secondarily, it is an additional or new structure on the premise.
Generally speaking, home insurance provides two basic things: coverage for damages to the home and other structures on the premises (e.g., pools), and liability protection in the event someone sues the insured.
Damages To Your Pool
A pool is considered separate from the dwelling and, as such, is covered under the “other structures” portion of a homeowners policy. Comparable structures include sheds, detached garages, and gazebos. The standard amount of insurance for such items is 10 percent of the amount written for the dwelling, though some policies provide 20 percent of the dwelling coverage for the other structures on the property.
What Types Of Damages Are Covered?
The damages which are covered for depend on what type of insurance policy is in place. The most common homeowners policy in the United States will protect the pool from all perils except those specifically excluded in the insurance contract.
One somewhat common occurrence for which is not covered — no matter what policy type in place– is damage to the pool by freezing, thawing, pressure, or weight of ice or water.
Liability Issues Relating To Your Pool
Liability issues relating to the pool are what give insurance underwriters the biggest headache. We’ve all seen the headlines: “Child drowns in backyard pool.” It’s a fact that a pool presents dangers, not only to the insured's family members and friends but also to uninvited guests, particularly children.
When a pool is in place, the chance that the insured will be sued is increased, if someone is injured or killed as a result of using the pool (even if such use was without permission).
From the Center for Disease Control:
Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger.
How big is the problem?
In 2007, there were 3,443 fatal unintentional drownings (non-boating related) in the United States, averaging ten deaths per day
More than one in five people who die from drowning are children 14 and younger. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries
More than 55% of drowning victims treated in emergency departments require hospitalization or transfer for higher levels of care (compared to a hospitalization rate of 3-5% for all unintentional injuries). These injuries can be severe
Nonfatal drownings can cause brain damage that may result in long-term disabilities including memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state)
What is the key factor which influences drowning risk?
Lack of Supervision and Barriers: Supervision by a lifeguard or designated water-watcher is important to protect young children when they are in the water, whether a pool or bathtub. But when children are not supposed to be in the water, supervision alone isn't enough to keep them safe.
Barriers such as pool fencing should be used to help prevent young children from gaining access to the pool area without caregivers awareness. There is an 83% reduction in the risk of childhood drowning with a four-sided isolation pool fence, compared to three-sided property-line fencing
Among children ages 1 to 4 years, most drowning occurs in residential swimming pools. Most young children who drowned in pools were last seen in the home, had been out of sight less than five minutes, and were in the care of one or both parents at the time.
Goals
The goals of the VGBA were to enhance the safety of public and private pools and spas, to reduce child drownings, to reduce the number of suction entrapment incidents, injuries and deaths; and to educate the public on the importance of constant supervision of children in and around water.
Legal Status -Federal Requirements
There is a Federal requirement for public pools that preempts the state or local law, as of Dec. 19, 2008. and further regulations are in addition to it:
Sec. 1404: Top Priority for Public Pool And Spa Owners/Operators All pool/spa drain covers manufactured, distributed or entered into commerce on or after December 19, 2008 must meet ASME/ANSI A112.19.8 2007. All public pools and spas must be retrofitted with covers that meet the ASME/ANSI A112.19.8 2007 standard. All public pools and spas that have a single drain other than an unblockable drain must employ one or more additional options.
State Requirements
A pool contractor should verify that the pool and / or spa is in compliance with the federally mandated Virginia Graeme Baker Pool & Spa Safety Act which takes effect December 19, 2008. If the pool is not in compliance, the necessary steps should be taken to comply with the Virginia Graeme Baker Pool & Spa Safety Act, that, in essence, specifies that:
All public pools and spas, both new and existing, shall be equipped with drain covers compliant with ASME/ANSI A112.19.8 2007 standard.
In addition, all public pools and spas with a single main drain other than an un-blockable drain, shall also employ one or more of the following devices: separated drain system per ANSI/APSP 7, safety vacuum release system (SVRS) that complies with ANSI/ASME A112.19.17 or ASTM F2387; suction-limiting vent system; gravity drainage system; automatic pump shutoff; drain disablement; equivalent system determined by the CPSC (Consumer Product Safety Commission).
The definition of un-blockable drain in the Act is a drain sump of any size or shape that a human body cannot sufficiently block to create a suction entrapment issue.
Compliant Drain Covers
The VGBA requires all drain covers to either be manufactured products or to be field fabricated outlets, in each case meeting the specific technical requirements of the act and having the necessary certification
The PSSA (Pool and Spa Service Association) requires a safe & secure connection between the cover and sump. A new, compliant cover that fits securely into a pre-existing sump is accepted under certain conditions.
SVRS Devices
These are used in conjunction with an approved main drain cover and skimmer. They come in three main varieties:
Mechanical devices which let air into pump to ease the vacuum when entrapment or blockage is sensed by device.
Electro-mechanical devices that shut off pump when blockage/entrapment is sensed
Pumps or motors with built-in software that shuts off pump when blockage/entrapment is sensed.
Download the PDF File: https://www.poolsafely.gov/wp-content/uploads/2016/04/pssa.pdf
Permanent Hot Tub
A spa or hot tub which is permanently installed (constructed of concrete or formed plastics and set into the deck area) is considered a swimming pool and falls under all of the rules relating to a pool.
Below are intended to prevent a child from crawling under the barrier, fitting through the barrier, or climbing over the barrier. The requirements for access gates are intended to prevent a child from opening an access gate.
Barrier Requirements:
The barrier must completely surround the swimming pool and must obstruct access to the swimming pool.
The barrier must be at least 4 feet (48 inches) high.
The space between the bottom of the barrier and the ground cannot exceed 2 inches.
Any opening in the barrier must be small enough to prevent the passage of a 4-inch-diameter sphere through the opening
A barrier that does not have openings, such as a masonry or stone wall, cannot contain indentations or protrusions (except for normal construction tolerances and tooled masonry joints).
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches
The horizontal members must be located on the swimming pool side of the fence
The spacing between vertical members cannot exceed 1.75 inches
Spacing within any decorative cutouts in vertical members cannot exceed 1.75 inches.
If a chain link fence is used as the barrier, the mesh size cannot exceed 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches
Where the barrier is composed of diagonal members, such as a lattice fence, the opening formed by the diagonal members cannot exceed 1.75 inches
Overview of Requirements
Pool Enclosure
Access Gates Shall Swing Away, Be Self-Closing, Self-Latching With Latch Device No Lower Than 60″ Above Ground
Removable Mesh Fencing Surrounding Pool Meeting ASTM 2286
Safety Pool Cover Meeting ASTM F-1346-91
Swimming Pool Alarms Meeting ASTM F-2208
Audible Alarm Or Self-Closing, Self-Latching With The Latch Device Not Less Than 54″ Above Floor
An outdoor residential swimming pool must be provided with a barrier which completely surrounds the swimming pool and obstructs access to the swimming pool. The barrier may consist of a fence, a wall, a building wall, or any combination thereof. The barrier must be at least 4 feet (48 inches) high.
In the case of an above-ground pool:
The barrier may be at ground level or mounted on top of the pool structure; however, if the barrier is mounted on top of the pool structure, the space between the top of the pool structure and the bottom of the barrier cannot exceed 4"
The pool structure itself can serve as a part of the required barrier, provided that the pool structure is sufficiently rigid to obstruct access to the pool. However, where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
The ladder or steps shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a complying swimming pool barrier
When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter sphere
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers
A building wall can form part of the required barrier. However, where a wall of a dwelling serves as part of the barrier, at least one of the following requirements must be satisfied:
the pool must be equipped with a powered safety cover in compliance with reference standard ASTM F1346, entitled Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs; or
all doors with direct access to the pool through that wall must be equipped with an alarm which (1) produces an audible warning when the door and its screen, if present, are opened, (2) sounds continuously for a minimum of 30 seconds immediately after the door is opened, (3) is capable of being heard throughout the house during normal household activities, (4) automatically resets under all conditions, and (5) is equipped with a manual means, such as touch-pad or switch, to deactivate the alarm temporarily for a single opening (such deactivation cannot last for more than 15 seconds, and the deactivation switch[es] must be located at least 54 inches above the threshold of the door); or
other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body and which afford a degree of protection not less than the protection afforded by the powered safety cover and door alarm described above, must be provided.
Pool Gate Not Secured
Pool fences & gates are designed to prevent unauthorized entry. All pool gates should have self closing latches that lock securely.
Recommendation: All pool gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised
Pool Gate Not Secured
No Fence
Anyone could enter the pool from the dwelling or the yard.
Recommendation: The pool should be provided with a fence or barrier that is 4′ high and that completely surrounds the swimming pool and must obstruct access to the swimming pool. All gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised
Pool Protection
Exterior Fence But No Interior Protection
Exterior fence is good but the pool still needs protection from the dwelling. There is nothing to stop a child from entering the pool from the dwelling.
Recommendation: The pool fence is incomplete in that it does not provide a barrier to access from the dwelling. A standard 4 foot high fence should be provided with self latching and locking gates to reduce the risk of unauthorized entry.
Exterior Fence
Structures Adjacent To Barrier
This pool is properly fenced but there are objects adjacent to the fence that could allow someone to climb on the object and get over the fence. These objects need to be moved away from the fence.
Recommendation: The objects located adjacent to the pool fence should be moved away so as to reduce the risk of someone climbing on it to get over the pool fence.
Structures Adjacent To Barrier
Diving Boards
A troubling concern regarding diving boards is that they may cause injuries even when they are used precisely as they are intended. Though there is some implicit acceptance of risk in the use of a diving board, this does not absolve a property owner of responsibility for damages that occur on the premises.
Recommendation: We suggest removing the swimming pool’s diving boards to reduce the hazard.
NOTE: Recommendation may be used for Above Ground & In-door Pools
Diving Boards
Pool Slides
Swimming pool slides seem like a good idea when you consider children playing in the pool. At the same time, a pool slide is literally like letting children play on a 9 foot tall ladder over a top of concrete. As with diving boards, there is come implicit acceptance of risk in the use of pool slides.
Recommendation: We suggest removing the pool slide to reduce the hazard.
NOTE: Recommendation may be used for Above Ground & In-door Pools
Pool Deck Missing Gate
All decks need gates with self closing latches and locks to prevent unauthorized entry
Recommendation: The pool deck should be provided with a gate. All gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised
Barrier Protection For Pool & Deck
This pool is very inviting however it is not secured from unauthorized entry
Recommendation: The pool deck should be provided with a gate. All gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised
Protection of Access
The ladder allows access and should be removed
Recommendation: The ladder at the pool should be removed when the pool is not in use to reduce the risk of unauthorized use.
Are the doors to the pool secured with locks or alarms? If not, is there a pool alarm? You will need to ask the homeowner. If no then we make the recommendation
Recommendation: All doors with direct access to the pool must be equipped with an alarm which (1) produces an audible warning when the door and its screen, if present, are opened, (2) sounds continuously for a minimum of 30 seconds immediately after the door is opened, (3) is capable of being heard throughout the house during normal household activities, (4) automatically resets under all conditions, and (5) is equipped with a manual means, such as touch-pad or switch, to deactivate the alarm temporarily for a single opening (such deactivation cannot last for more than 15 seconds, and the deactivation switch[es] must be located at least 54 inches above the threshold of the door) or other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body and which afford a degree of protection not less than the protection afforded by the powered safety cover and door alarm described above, must be provided.
These inflatable pools can be 24″ deep and would need a barrier to prevent unauthorized entry.
Recommendation: The pool should be provided with a fence or barrier that is 4′ high and that completely surrounds the swimming pool and must obstruct access to the swimming pool. All gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised
If its 24″ deep it needs a barrier to prevent unauthorized entry.
Recommendation: The hot tub should be provided with a fence or barrier that is 4′ high and that completely surrounds the hot tub and must obstruct access to the hot tub. All gates should have self closing latches and be securely locked with a key, combination or other child proof lock sufficient to prevent access to the hot tub through such gate when the hot tub is not in use or supervised
Look for the label on the cover to determine if it meets the standards of ASTM F1346-91
Recommendation: It could not be determined if the hot tub cover meets the standards of ASTM F1346-91. Please provide your agent with proof that your cover meets these standards to reduce the risk of unauthorized entry.