Having a pool /fishtank on the fenced property

[StillHope]

This law is a total LEGAL FITNESS CENTER[]

[DanielP]

Hope,

A sign is hardly reasonable care in keeping children from falling in a pool. All swimming pools should be fenced. Huh? or Duh?

[Bob Orts]

quote:

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Originally posted by csgray

How does the law in Hawaii differentiate between an above ground pool for the keiki and an object almost exactly the same size and shape object which is used for catchment?

Carol

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I don't think in the big picture it does. I thought it was man made versus natural.

[jerry]

We are in the process of putting in a pool and here is how I understand the situation:

A pool fence is required, in addition to any fence around your property. The fence must be at least 48" high, no more than 2" free space from the bottom to the ground if over dirt, 4" over concrete. It cannot be claimable and the vertical barriers must be less than 4" apart. You need a self closing locking gate. There is also required signage (no diving, water depth, etc.)

Tell your insurance company if you have a pool. Your rates will go up but you will not be covered if you don't.

Jerry
Art and Orchids B&B
http://www.artandorchids.com

[StillHope]

Thank you,Jerry.
Do you know if the same requirement would apply to a fish pond?

[punagirl]

Insurance adjuster chiming in here - If your yard is fenced (I'd add a no trespassing sign as well) your insurance company is not going to pay a claim for a trespasser, regardless of age, that jumps the fence to take a swim in your pool and drowns. They will deny liability on your part and defend the claim if a suit is filed. In the event of litigation it is highly likely a Motion for Summary Judgement of liability grounds would be granted, dismissing the case. There is a chance the judge could listen to the "attractive nuisance" argument and make liability a jury question. In most venues a typical jury would see that you took reasonable & prudent steps to secure the pool and enter a defense verdict.

Attractive nuisance doesn't hold up that well in most venues. A pool with a fence is not an attractive nuisance.

I have a 4 ft deep koi pond in my front yard. I live in Atlanta in a "walking" neighborhood. Lot's of kids pass by and the pond was quite the magnet for them. We quickly fenced the front yard. I am now safe from liability. Not safe from some negligent parent deciding it is my fault they didn't watch their kid and it trespassed through my fence and drown in my koi pond (most likely messing up my pond while they did it). The parent could file a suit but my insurance company would defend it because I have a fence and took reasonable steps to prevent trespass. If I didn't have the fence there could be a bit of liability on my part. Especially since I know kids walk by unattended by an adult and wander into my yard.



Atlanta/Pahoa

[StillHope]

Thank you,Punagirl!
The advice from the neighbor,fish pond owner and the insurance agent(all in one) is priceless!!!

[missydog1]

I have had a few fish ponds on acreage. No one has ever said boo. The inspector didn't say boo. But there is no reason for a young kid to get up here. If a child came over to visit, I would be all over it. I have a steep drop a child could fall over too, which is not fenced.

There's a depth beyond which a permit is needed for a koi pond. I think it's 3 feet, but anyone should look it up if it matters. I remember looking up the code when we dug a koi pond about four years ago.

There are many many many koi ponds around Hilo and I've yet to see one that was fenced off.

I'm not saying it's not a good idea to protect yourself and others, just that we live in an area where there are many fish hobbyists and have been for a long time, and most people put them in for a certain aesthetic in the landscape that would be ruined by a fence.

Although I think a pool should be fenced if any children in the vicinity, just go over to the beautiful homes along the Kohala Coast, on 1-3 acre parcels, with infinity pools ... not fenced. It may be difficult to get on the property, but most of these pools are built so you step out of the house onto a patio and into a pool, with no obstacle.

ed to add - I personally have known two mothers whose children drowned in a hot tub. One was a baby that crawled on a soft covered tub and fell in, and wasn't even seen. The other was a young child that went in with older brother. Tragic doesn't do it justice. Hot tubs are a real attractive nuisance that should be monitored carefully.