To ensure the safety and public health of those around you in outdoor swimming pools, the Chicago drowning accident lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers recommend that you know Illinois residential swimming pool regulations and take some precautions to protect visitors.
In this Article
Residential Swimming Pools and Illinois Law
Similar to public pools that are governed by specific regulations and Illinois laws, private residential swimming pools are also subject to certain legal requirements that owners must follow.
In addition to taking safety precautions, it’s important for private residential property pool owners to be aware of the laws and regulations regarding private residential property outdoor swimming pools.
What Is the Illinois Private Swimming Pool Enclosure Act?
The Private Swimming Pool Enclosure Act requires a pool owner to properly enclose their pool with fencing or other effective permanent barrier. The fence must be at least 42 inches (3.5 feet) tall.
The goal of this legislation is to prevent drowning and near-drowning incidents by restricting unauthorized access to swimming pools. Pool owners must understand this mandate and ensure their pool meets state requirements.
What Additional Regulations Do Chicago or Other Municipalities Have?
Check with your county or local municipality, as they may have additional, stricter laws that are important to follow.
For example, in the City of Chicago, pools deeper than 4 feet must:
be completely enclosed by a fence or other barrier that is 5 feet high
have gates with self-closing and self-latching hardware, and
have clear pool walks that are a minimum of 6 feet wide.
What About Hot Tubs and Above-Ground Pools?
This law applies only to in-ground pools and not hot tubs, jacuzzis, or above ground pools. Specifically, an above ground pool that is at least 42 inches (3.5 feet) tall is exempt.
Do Premises Liability Laws Apply to Backyard Pools in Illinois?
Premises liability laws in Illinois include backyard pools to safeguard both the pool owner and individuals using it.
Pool Owners Can Take Further Steps to Prevent Accidents Due to Negligence
Pool owners should consider installing pool alarms, fences, and signs warning of potential dangers. If an accident occurs and negligence is determined, pool owners could be held liable.
What Is the Attractive Nuisance Doctrine?
This doctrine holds pool owners responsible for injuries to children attracted to their pools. If a child enters a property and is injured due to inadequate safety measures, the owner may be held accountable, regardless of whether they knew the child was there.
Pool owners can install pool fences, gates, and clear signs warning of any potential dangers and hazards.
Chicago Guidelines for Private Residential Pools
The City of Chicago Department of Buildings outlines additional safety precautions and standards for private residential pools.
Residential pools with a water depth of 48 inches or more (4 feet) must comply with the following safety measures:
When the pool is in use, a skilled swimmer must be present at all times.
Safety equipment should include a ring buoy with a rope for throwing and a flexible pole for reach-assist rescues.
Residential pools may not have a diving board more than 3 feet above the water surface.
Pool Rules Promote Water Safety
Posting pool rules is not required by Illinois but is highly recommended and can help prevent swimming pool accidents.
Keep the pool area well-lit
Ensure children are supervised
Install a fence with a self-latching gate
Check for any hazardous materials in or around the pool
Swimmers, especially young children, should wear proper flotation devices
Properly clean and maintain your pool and check chlorine and pH levels regularly
Have first aid and emergency supplies nearby
What About Germs and Pool Safety?
Germs contaminating hot tub or pool water can cause illness in swimmers.
The pool’s pH, chlorine, and other chemical levels must remain balanced to help prevent the growth of germs. The CDC recommends the disinfectant level and pH be checked at least twice per day, more often if the pool is used heavily.
Check Drains and Prevent Contamination
Pool owners should be aware of standing water near their pools, as it can lead to contamination from runoff. Additionally, poor maintenance of pool drains or missing drain covers can also result in contaminated water.
Shower Before Swimming
Showering before entering the pool and ensuring swimmers wear bathing suits can help reduce germs in the water which can lead to illnesses for pool-goers.
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