Fence around pool?

Question

Is there a law that you have to have a fence around a pool? Does it depend on what state or county you live in. My neighbor has a small above ground pool (about 3 ft high). There is no fence around it and is right along our property line. I worry about the neighborhood kids accidentally falling in.

I realize that it's not an inground pool but small kids can reach in and possibly fall in. Even if the parent is watching. I have a 9 yr old & I'm not really concerned about her she knows better, its the other kids on the street. It's a dead end and parents seem to let the kids wander without supervision.

Answer 1

There may be city ordinances or neighborhood covenants requiring pools to be within fenced enclosures.

The neighbor is a total fool for not fencing it whether there's a law or not. A swimming pool is what is known as "an attractive nuisance", which means that kids are likely to go swim in it without permission, and having a fence is a minimally reasonable step to make sure no unsupervised kids drown in it. He can get sued big time for his failure to put up a fence, whether the law requires it or not, and EVEN IF the neighborhood forbids fences.

He also might want to check with his insurance agent. Some policies are voided by the presence of a swimming pool without a fence. He might be in for a really nasty surprise if his house burns down and they come over and notice the pool.

Answer 2

Um, that is only if there is a pool underground. Really! Since it's above ground and it's 3 ft high, then it was bought at wal-mart or something. I wouldnt worry too much. 3 ft is not bad, uncless there is like 3 yr old walking around, which they should not be by them selfs to start off with...so yep....dont worry about it. If you see kids near then, ask them to stay away from it. Also if you get frisky you can call the city and see if someone can come out and talk to the owner of the pool. Have them move it. Good Luck-

Answer 3

I'm not sure if everybody is required by law, but most insurance companies would require it before they would insure the person. My neighbor has one of those, it's in a fenced backyard, and he has locks on all of the gates.

I'd have a discussion with the neighbor and explain your concerns. If you put it in the context that you are concerned for their financial well-being and the liability they might have to face, they might be more receptive to hearing you out.

Answer 4

Your worries are exactly why they need a fence around the pool. Yes, I do believe it is a law, and in fact it's against the law to leave the fence gate opened unattended in NJ.

Answer 5

I don't think the law applies to above ground pools, they would have to fall upward and over! but check with you local authority!