In clark county ohio what are the swimming pool requirements?

Question

My daughter's neighbor just put in an above ground pool. They do not have a fence or a locking ladder on their new pool. My daughter has 3 young children and she is afraid that they will sneak out and try to enter her pool. What should we do?

Answer 1

It is state law in Ohio that she MUST put a fence around her pool. According to Ohio law a pool is 'an attractive nuisance'. It is her duty to make sure that local children are kept out. The fact that it is her property has NOTHING to do with it. She threw that argument out the window when she put the pool in.

Not only a fence, but a fence that is the proper height with locks. It must be kept locked at all times. Unless she is out there to keep the kids out.

If she doesn't listen to you when you tell her this, call a lawyer. Most lawyers will do the inital process (calling her and writing the letter to her for free/or a flat fee). If it gets messier they will want paid.

I'm going to give you the link to the Ohio State that talks about this. I'll post it when I find it.

http://ohioline.osu.edu/als-fact/1007.html

The attractive nuisance doctrine is tort law - civil remedy not criminal. If a criminal act has occured like the death of a child there is a potential for criminal liablity.

In order for the attractive nuisance doctrine to apply it must meet ALL five of these conditions:

1. The landowner knows or has reason to know that children are likely to trespass in the area of a dangerous artificial condition

2. The artificial condition poses an unreasonable risk of death or serious bodily harm to children

3. The children cannot discover the danger of the condition or realize the risk posed by the condition

4. The utility of the condition and the burden of eliminating the danger are slight compared with the risk posed to children

5. The possessor fails to exercise reasonable care to eliminate the danger or otherwise protect the children

Answer 2

I would do as was suggested, call the town hall (probably building inspector's office) To the best of my knowledge all pools in all states must have a minimum 4' high fence around a pool to prevent accidental drownings.

Answer 3

I would call the town hall or whatever you have there find out how to report it. I personally would tell the neighbor the law and give them a little time to remedy the situation before calling just to be nice.

Answer 4

I don't know if it was Ohio, but were was a Criminal case (not civil, criminal!) of negiable homicide brought upon a homeowner who left their pool gate open while they were on vacation. This person was convicted. She should 'politely' make her neighbor aware of this. Not have a fence is realllllllllly stupid.

Answer 5

dont put water in it and keep a better eye on the crumbsnatcher