Do Backyard Pools Need To Be Enclosed in Illinois?
Summers are for fun, and if you have a backyard swimming pool, that fun level goes way up. Sadly, the Centers for Disease Control and Prevention reports that each year, there are 4,000 unintentional drownings. That breaks down to 11 deaths per day, and a vast majority of those deaths occur in swimming pools. That is why many local and state legislators stepped in to enact measures that promote safety. Do backyard pools need to be enclosed in Illinois?
Liability Laws Regarding a Homeowner’s Property
As a homeowner, you are responsible for ensuring the safety of anyone you invite onto your property. That means keeping those visitors safe from obvious potential hazards such as ice on the sidewalk, front porch steps with no railings, and a backyard swimming pool. This is a legal concept known as premises liability, as described in 740 ILCS 130, the Illinois Premises Liability Act.
There is an additional liability issue known as attractive public nuisance, which is discussed within code section 720 ILCS 5/47-5. Despite its ominous title, this law refers to the potential danger of something that a child might be attracted to. Young children don’t know the dangers of a swimming pool. A child visiting your home or living in the neighborhood could see your backyard pool as a place for them to explore and have fun. That is why you need to protect them from the harm they can’t recognize.
Illinois Laws Regarding Backyard Swimming Pools
The Illinois state legislature enacted the following regulations for backyard swimming pools:
The swimming pool area needs to be “enclosed by a protective wall, fence or other barrier, at least 4 feet high, measured on the inside and outside, and not providing ready footing for climbing. The height of an opening under the bottom of the barrier shall not exceed 4 inches. The openings in any barrier shall not exceed 4 inches in width and height.”
Additionally, all entry points to the pool area “shall be equipped with a door or gate that is self-closing and self-latching.”
These enclosures do not have to go directly around the swimming pool. A foot-high or higher fence that goes around your yard and has self-locking gates would comply with the regulations.
Additional codes pertain to the design and construction of the pool that every good contractor should be familiar with. This is also an issue that can impact your homeowner’s insurance policy. If your pool is not in compliance with the regulations, you might not be able to get your home insured.
Other Approaches To Increasing Pool Safety
The enclosures around your swimming pool are just one of the proactive measures you can take to increase the safety of your backyard swimming pool. Consider adding the following to ensure your backyard swimmers remain safe:
Assign a Pool Watcher
Swimming pools are a great spot for summer parties. That will mean a lot of kids going in and out of the pool. It is important to assign a pool watcher for the duration of the party. This is the person whose only job is to watch over the pool. You can give them a special tag and set up shifts.
Put Down the Phone
Whether you’re the official pool watcher or just hanging out with your kids, your focus should be on the pool, not your phone. It only takes a second for an accident to happen. You owe the kids your full attention.
Swim and CPR Lessons
Everyone in your home that goes into the pool should know how to swim. For the family’s younger members, you should consider swimming lessons that will teach them the basics of how to swim out of deep water and tread water. Also, everyone in the family should learn CPR. You can take classes together.
Water Wings Are Not Life Jackets
There is a whole category of pool toys, such as water wings, floaties, noodles, and inner tubes. These should not be considered protective gear. If your child doesn’t know how to swim yet, they should only wear a U.S. Coast Guard-approved life jacket.
No Glass
It is important to keep the decking as safe as the pool itself. That means keeping all glassware away from the pool deck or patio. If any of that glass breaks and ends up in the pool, it would not end well.
Consider a Pool Cover or Fence
It might also help to add a cover to your pool to keep it secure when not in use. The same goes for a childproof fence that surrounds the pool. It can serve as a barrier against your own children from walking out of the house into the backyard and falling into the water.
Dealing With Liability Issues
If a swimming pool accident injured you or your child, you should talk about what happened with us at Schweickert Ganassin Krzak Rundio, LLP. We understand the premises liability issues and can help navigate filing claims with the pool owner’s homeowners’ insurance company. Call to set up a free consultation with our attorneys today.
