Q: We have a backyard pool, which we use as a family and, on occasion, have others over to enjoy. Our son, who is 15, is having a birthday party with about 10 kids. Is a lifeguard required?
N.D., Westchester
A: As of January 1, 2018, California pool owners are required to install at least two of seven specific drowning prevention safety features. These include a fence (which must meet certain criteria), a pool cover, an alarm (for example, one that recites “the pool door is open”), and/or a latching door.
Research indicates you are not required to have a lifeguard on duty for what you describe, but if you are having a group — which includes a number of young people — it certainly would not be unwise to have a trained person keeping a close eye on things.
The law may not require it, but if some tragic event occurs, could you be accused of carelessness for which liability may be attached for not taking the precaution of having a lifeguard (or similar person) there? Yes. You can post a sign, such as “No Lifeguard on Duty,” and other notices can be posted as well, but think out what makes the most sense.
Q: Is our pool cleaner required to have a license in California?
K.L., Indian Wells
A: A contractor’s license, issued by the California State Licensing Board, is not required to simply clean pools. A contractor’s license is required, however, if the job or project costs $500 or more. So if the pool person is charging you less than $500, a license is not required; but if the worker installs equipment or carries out repairs that cost at least $500, then a license is required.
Resource
The California Department of Public Health has details online about California swimming pool requirements, including drowning prevention, safety features and first aid. Here is the link: cdph.ca.gov. Or you can go to your web browser and type in “CDPH, California Swimming Pool Requirements.”
Ron Sokol has been a practicing attorney for more than 35 years, and has also served many times as a judge pro tem, mediator and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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