Arizona's Pool Barrier Law: A.R.S. § 36-1681

This page is general information for homeowners, not legal advice.

What this law does

If you build a pool in Arizona, state law sets a floor for the fence, wall, or barrier around it. The statute applies to any pool or contained body of water that is at least 18 inches deep, wider than 8 feet, and meant for swimming. It sets the barrier height, the gap sizes, the gate hardware, and the alternatives when the house itself forms part of the enclosure. Cities and counties may adopt their own pool-barrier ordinances, and where they do, the local ordinance governs instead of the state floor. This page does not establish which Greater Phoenix jurisdictions have adopted a local ordinance. Check your city's or county's current rule before you order the fence.

Status

• In force. Compiled at A.R.S. § 36-1681, "Pool enclosures; requirements; exceptions; enforcement" (Title 36, chapter 15, article 3).
• Last verified: September 1, 2026 against the compiled text at azleg.gov.

What it actually says

Which pools. "A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area" (§ 36-1681(A)).

The barrier (§ 36-1681(B)), for below-ground and above-ground pools alike:

• "at least a five foot wall, fence or other barrier as measured on the exterior side" (B)(1).
• No opening "through which a spherical object four inches in diameter can pass." Horizontal members must be at least 45 inches apart vertically, or placed on the pool side of a barrier with no opening wider than 1¾ inches. Chain-link or wire mesh: maximum mesh 1¾ inches (B)(2).
• Gates must be "self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground," or on the pool side with a release at least 5 inches below the top of the gate and no opening larger than ½ inch within 24 inches of the release, or secured by a keyed padlock, electric opener, or integral combination lock (B)(3)(a). Gates must "Open outward from the pool" (B)(3)(b).
• No exterior handholds or footholds that can be used to climb the barrier (B)(4).
• The barrier must be at least 20 inches from the water's edge (B)(5).

When the house is part of the enclosure (§ 36-1681(C)), one of four alternatives is required between the house and the pool:

1. A wall, fence, or barrier at least 4 feet high meeting (B)(2) through (B)(5).
2. A motorized safety pool cover operated by a key switch and meeting ASTM emergency standard 13-89.
3. Self-latching devices meeting (B)(3)(a) on all ground-level doors with direct pool access; latches at least 54 inches above the floor on bedroom emergency-escape windows facing the pool; and on all other openable windows with pool access, a screwed-in-place wire mesh screen, a keyed lock limiting the opening to 4 inches, or a latch at least 54 inches above the floor.
4. An above-ground pool with non-climbable sides at least 4 feet high, with a removable ladder secured in an inaccessible position by a latch at least 54 inches above the ground when the pool is not in use.

Who is exempt (§ 36-1681(D)): irrigation and flood-control works; stock ponds and agricultural tanks; public and semi-public pools; pools and barriers built before the article's effective date; political subdivisions that enacted a pool-barrier ordinance before the article's effective date; political subdivisions that adopt an ordinance afterward "provided that the ordinance is equal to or more stringent than the provisions of this article"; and "A residence in which all residents are at least six years of age."

Notice at sale, rental, or contract. Anyone who contracts to build a pool, or who sells, rents, or leases a home with one, "shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services" (§ 36-1681(E)).

Penalty. A violation is a petty offense, but no fine may be imposed if the owner installs a compliant barrier within 45 days of the citation and attends an approved pool-safety course (§ 36-1681(F)).

Where it applies

• Statewide floor. Any residential pool meeting the size test in subsection (A).
• Local ordinances replace it. Subsection (D)(5)–(6) exempts cities, towns, and counties that have their own pool-barrier ordinance, as long as a later-adopted ordinance is "equal to or more stringent." In practice, your city's building code and pool ordinance are the rules the inspector applies. This page does not list them; per-city pages will.
• The six-years-old exemption in (D)(7) applies to the state statute only. It does not remove a local ordinance requirement, and a later change in who lives in the home changes the answer.

What's still unsettled

• Effective date of the article. The compiled text refers to "the effective date of this article" without stating it. We did not trace the session law that enacted § 36-1681. The date matters only for the grandfathering exemptions in (D)(4)–(5).
• Which local ordinance applies to your parcel. Not answered here. Goodyear, Buckeye, Phoenix, Scottsdale, Maricopa County, and the East Valley cities each have their own rules; those are Wave 2 pages.
• Building-code pool barriers. Adopted residential building codes carry their own pool-barrier appendix. Where the code and the ordinance differ, the more stringent local rule governs; we did not compare code editions for this page.
• The DHS notice. We did not locate the current Department of Health Services notice form.

‍

• Current statute, A.R.S. § 36-1681: https://www.azleg.gov/ars/36/01681.htm

‍