Preamble to Ohio Pool Law
In Ohio, it is important for Ohioans to understand domestic or private swimming pool laws. Adherence to these laws means that your pool is less likely to be involved in a business or private swimming pool liability lawsuit. Broadly speaking, a domestic swimming pool is generally considered to be a pool that is not being used for commercial purposes. But the State of Ohio and local Subdivisions (Cities, Townships, Villages, etc.) have fairly extensive laws and regulations governing the construction, development, and maintenance of private swimming pools. These laws also include safety requirements designed to protect everyone from children to older adults.
Most of the Ohio laws regarding swimming pools are codified under Ohio’s Revised Code § 3719 . The requirements and restrictions imposed by law vary depending on the type of swimming pool. For example, residential or domestic swimming pools and aboveground and in-ground pools that are in a residential setting are generally subject to more restrictions and requirements than aboveground pools that are on commercial or business property. Further, the residential or domestic pool regulations are different than the pool regulations imposed on apartments, condominiums, and multi-family housing facilities where tenants have access to the pool.
Failure to understand Ohio domestic swimming pool laws could lead to liability for a homeowner. We are often retained to represent people injured in a slip and fall incident that either occurs in a domestic pool or that occurs because the pool was not properly secured by the homeowner.
Ohio Pool Permits and Zoning
The specific permitting requirements for a private swimming pool are generally set out in the local building code and the zoning regulations in effect where the pool is being constructed. The de minimus zoning requirements for a small apartment complex, home owner association or private single-family residence may be minimal, while the zoning requirements for a larger community pool may be more extensive. A residential community pool may be constructed without any additional zoning or other governmental approvals in a jurisdiction where such a use is permitted as a matter of right. However, if the same residential community pool was to be constructed on a vacant tract independent of the residential community, the owner of the parcel would possibly be required to go through the process of obtaining conditional or special use permission or even a planned unit development approval. The entitlement process may require a public hearing.
In any event, the owner of the residential community pool property will be required to obtain a building permit to construct the swimming pool. A contractor can often obtain these permits for a homeowner or community association client. Generally, an applicant will need to supply the following in order to obtain a building permit to construct a privately maintained swimming pool:
With some exceptions for small residential pools, most local jurisdictions will require public or private swimming pools to be completely surrounded by a four to five foot high fence or wall with gates that cannot be opened without the use of a key, keycard or similar device. The fence or wall must be kept in good repair and free of any potential hand or footholds to prevent unwanted entry.
Private parking lots, clubhouses, recreational facilities and other common areas may also be required to be secured in a similar fashion.
Ohio Pool Safety Rules and Gates
All of the laws and statutes discussed below are in addition to any local rules and regulations that may exist for a particular subdivision or neighborhood, so be sure to check one’s local regulations for any further requirements that are not addressed here.
Fences
Ohio law requires private swimming pools to be surrounded by fencing adequate to restrict access from the home or yard – i.e., barriers. Nearly all but the most inexpensive, older pools are included within the scope of laws or regulations that require fencing or other barriers. Both above ground and in ground pools are included in this definition; even inflatable pools and portable spas must include a barrier if the wall is 20 inches or more above the surface of the surrounding ground. The barrier requirements for pool design are set out in the Ohio Residential Code. All new residential swimming pools which can contain more than 24 inches of water must include barriers within their design.
The statute sets out options for fencing that satisfies this obligation. The simplest option is what is essentially a six-foot high vertical fence, with no openings more than four inches wide and located no more than four inches off the ground. But this is far from the only way to comply with the law. Ohio regulations also allow for self-closing gates, with self-latching locks which are 54 inches (at a minimum) above the top of the gate. The latching mechanism can be both on the gate and on the door frame, and it must be remote so that a 5-year-old cannot use it to unlock the gate and go through. Finally, the latch must be both equipped with a type of release mechanism that can be used with one hand and be mounted on the inside of the gate at a height of 54 inches or more above grade. The source of the water, of course, must be protected against backflows as well, so these backflow preventers need to be bolted down or otherwise safeguarded against being removed by people, including children.
Lifesaving Equipment
In addition to the fencing requirements, Ohio law also requires that a pole for reaching or pulling a person to safety and a rope ladder or other rescue devices be immediately available at a swimming pool. Likewise, flotation equipment capable of supporting a minimum of 200 pounds, no matter the position in which the flotation device is positioned must also be present. Fire extinguishers for fires involving electrical equipment must also be immediately available in or around the vicinity of a swimming pool.
Ohio Pool Health Codes and Cleaning
As with any commercial/public pool, private pools must comply with Ohio Department of Health rules to ensure safety and reduce the spread of infectious agents. To that end, swimming pools, except for spas, must be disinfected with chlorine and maintain a minimum available chlorine concentration of 1.0 ppm or higher, with a maximum of 5.0 ppm for chlorine only pools. The pH of the water must be 7.2 to 7.8, with a minimum cyanuric acid concentration of 30 ppm with a maximum of 100 ppm for stabilized pools. However, the licensed designer can specify a different value of cyanuric acid for the facility.
Ohio law requires a minimum of three complete turns of circulation every 24 hours, with additional circulation turnover deadlines based on the size of the facility. Principal drains and skimmers must be equipped with a main drain cover that meets the current ANSI/ABAT/ASME/CRAA Standard 16. Additional requirements apply for drains older than the standard, as well as requirements for the drain covers and main drain systems as a whole.
Private pool lifeguarding is not legally required for private residential pools, however, certification for pool staff is a requirement of the licensing process in order to protect the health and safety of the public at large. Facility staff is required to test the chemical balance of the pool water regularly, with documentation of the results required. Facilities without staff allow for unregulated water chemistry, potentially resulting in serious chemical imbalances.
Ohio Liability and Insurance
While establishing liability in private swimming pool accidents can be complicated, if an accident does occur, private pool owners in Ohio may be liable for any injuries sustained on their property. In addition to the distress caused by a swimming pool accident, the injured party will likely seek damages for medical expenses, long-term medical care, pain and suffering, loss of wages, and more. Damages are a real threat for any pool owner in Ohio. In addition to injury caused by another person , general liability and premises liability issues must be taken into account, all of which a homeowner is legally responsible for. Additionally, these costs are certainly not limited to pool drownings, but include any slip-and-fall accidents and other injuries that occur in and around the pool area. As pool owners are responsible for maintaining a swimming pool that will not cause harm to invited guests, negligence or wrongful death issues are generally filed against the property owner.
Typical Legal Mistakes
When it comes to pool ownership, there are a few common legal missteps that many pool owners unwittingly make. In Ohio, where roughly 20% of households have a pool, it’s essential to get the legal aspect right. For instance, forgoing the required fence can land you in a heap of trouble. Pools must be surrounded by a fence that’s at least 48 inches high. You might be tempted to let that slide if your back yard is well-fenced, but keeping a barrier around your pool is the law. If your pool is above ground and can only be accessed by a ladder or steps that can be removed or locked, you may not need a fence. But, here’s the thing: removing those steps and ladders when the pool is not in use is a hassle most people aren’t willing to do (and it can create liability issues for you if someone accidentally eases them into the pool while you’re away). Also note that for an in-ground pool, all doors leading to the yard must be equipped with locks 54 inches above the ground, or a self-closing latch that locks automatically.
Failing to obtain a permit to build a pool is another common mistake people make. In Ohio, almost all municipalities require homeowners to obtain a permit to build a pool. Imagine all that bonding and electrical work only to have to tear it out because you didn’t get a permit. Licenses and bonding are also required for the contractors who perform the work for you. Failure to obtain a permit and have contractors licensed and bonded may create liability for you in the event that a pool accident occurred.
One more misstep is failing to stay up-to-date on local ordinances. Different counties and municipalities can have different rules about pool ownership. For instance, we’ve already mentioned that your pool must be surrounded by a fence, but some municipalities have regulations about how far the pool must be set back from a fence, or they may require a locked enclosure for stairs leading to the pool. Some cities even have rules that say that pools can’t be full to capacity, so make sure that your pool is filled to a safe level. Your county health board has specific requirements for any type of pool that’s used for business, such as a hotel or community pool. If you have a private pool, operating it as a business could place you in violation of those same ordinances, so always check first with your city to see whether your pool can present any trouble.
Additional Ohio Resources
Numerous resources are available to assist you with your obligations as a Ohio pool owner should you have questions or need further clarification. Your local government department or website pertaining to building, zoning, and permitted structures is a good resource for determining the technical requirements for fences, barriers, and safety features. Although the Ohio Department of Health does not provide support for compliance inquiries, Ohio provides legal aid services for people who need assistance determining the safety compliance requirements for their private and public swimming pools . Many civic organizations and insurance companies sponsor community safety programs. These programs may even feature details about certified swim instructors and coaches, as well as CPR and rescue instruction. Check with your local YMCA for details about their specific programs. As always, remember that these organizations also provide water safety tips for parents and guardians.