pool.sdcpm.com NEWS REPORT OF POOL DEATH SAN DIEGO 2011 DUE TO NO FENCE GENERAL SAFETY CONCERNS RE POOLS INSURANCE: See below from Rachel Kettering Insurance Broker (619) 291-7777 "When we bind a risk we will ask if the property has a swimming pool. If it does the carrier will require that the pool be fenced so that the outside public does not have direct access to it. They also do not allow diving boards or old slides that have a ladder (rock enclosure sides are acceptable). If the pool meets the guidelines then coverage will cover the entire property. If the pool does not meet the carrier’s guidelines they will most likely decline to offer coverage. I would be sure the agent who insures the home is aware that there is a fenced pool and there is not a diving board or slide. The premium for properties with pools is slightly higher as there is more exposure for a loss to occur." POOL ADDENDUM TO LEASE AND LEGAL NOTES SDCPM recommends using an attorney provided Pool addendum for single family homes or for common area uses .SDCPM does not charge extra for this addendum. Attorney advised: The addendum will provide a property owner with a certain level of protection. However, it will not provide complete protection. For example, it may not prevent a lawsuit from a neighbor’s child who is injured, as neither the neighbor nor the neighbor’s child is a signatory to the addendum. Additionally, a property owner will be liable for his/her own fraud, gross negligence or intentional violation of law, irrespective of any language to the contrary in the Swimming Pool/Spa Addendum; that right cannot be waived by a tenant. The Swimming Pool/Spa Addendum does contain a waiver of negligence. It is unclear whether that language is enforceable as the law has not been settled in this area (it can’t be waived for problems with the house. It might be waivable in the Fourth District, which includes San Diego, as to “non-core” amenities. It’s not clear whether a pool at a single family residence would be deemed a “non-core” amenity). If a waiver of negligence is held to be unenforceable, the landlord will be held to the “reasonable landlord” standard. This means that the landlord must do what a reasonable landlord would do."
The addendum requires the tenant to maintain renters insurance. Insurance provides a potential recovery source for an injury.
A landlord may also wish to increase his/her/its liability insurance coverage for the property.
A landlord may also wish to have a property inspector or pool contractor inspect the pool/spa to determine if they comply with current codes, and if not, have them brought up to current codes. Many pools do not comply with current codes relating to pool safety barriers. For example, in San Diego County, pools must be fully enclosed by a 5” fence and if there is access from the house to the pool (which is the case in most situations), they need to have alarms on each of the doors of the house that provides access to the pool, self-closing and locking doors, or a pool cover. See http://www.sdcounty.ca.gov/pds/docs/pds379.pdf . If the pool doesn’t have necessary barriers, the landlord is exposed to greater risk.
MAINTENANCE : AQUA MAN POOL SERVICE (619) 579-7326/(619) 954-5563aquamanstar@cox.net RECOMMENDATIONS BELOW There are a few things to consider when renting out a home with a swimming pool.
LIGHTING Adequate lighting is another concern, trip hazards in the pool area such as damaged pool decks, diving boards, slides and large potted plants can all get in the way when people are running and playing in the back yard and these hazards should be minimized to reduce “preventable” accidents. Working pool and spa lights should be properly bonded and should have new GFI circuits installed to ensure the safety of the underwater lighting. The floor of the pool and or spa should have dual main drains instead of a single main drain to prevent underwater entrapments.
FENCING We started installing pool safety fence earlier this year and have had some good results. The fencing is removable, easy to maintain and somewhat see-through.Homeowners like it because it gives them peace of mind without being a permanent fixture on the property. DISABLING OF POOL I don’t recommend leaving pools drained for any longer than a couple days unless there is some kind of construction or repairs going on.When pools are drained, the plaster is exposed to sunlight and oxygen and in some cases, heat, depending on the weather or season.
My best recommendation if the property is going to be rented would be to keep it full, provide regular pool maintenance and have the fence installed surrounding the pool.
As to the license requirements for servicing a swimming pool in California, the state has no special requirements such as a CPO or Certified Pool Operator. POOL FILTER This should be working to protect the pool.An automatic pool cleaning/scraper will stop the pool getting dirty but does not protect the pool. OTHER NATIONAL HOME BUILDERS SUGGESTIONS SAN DIEGO HOME POOL INSPECTOR GUIDELINES |
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