I am wondering if there is a law in Sacramento County that requires a homeowner and/or renter to have a gate/fence around a pool. My co-parent is moving into a new home and I am worried about my child being at the home with a pool. Do I have a right to request that he have a gate/fence?
I have asked my co-parent about the fence, however he has yet to get back to me with an answer. All communication is done through email so I am waiting to hear back.
My child has taken swim lesson since the age of 3 and he continues to take lessons. I understand that statistics that children that feel comfortable around water (those who taken swim lessons) are at higher risk of drownings due to the fact they feel comfortable in water and feel as though they really know how to swim, when yet they are just learning.
If the pool is not fenced and any child falls in and drowns the owner is liable. The owner should fence in for safety as well as their own peace of mind. I do not know if there are laws in your area, check with your local court house web page.
Send the kid to swimming lessons, that way you know he can swim if he falls in the pool.
The gist of the law in Sac County is that no safety devices are required if it was built or remodeled prior to 1988. If it was built or remodeled since then, state and local law require barriers or alarms. As another poster stated, the homeowner/renter can be liable if something were to happen to someone...though little comfort if that injury is death.
It is worth a serious discussion with your "co-parent" to secure the pool in a good way. You should also get your child into some swim lessons, if you haven't already. Plenty of kids who can swim, still drown, but it can certainly level the odds.
I don't know that you have a right to request it, but if you can't come to an agreement, you would have to take him/her back to court and have the visitation revised. The court could very well decide that it is not in the best interest of the child to be exposed to that level of risk.
I am from Sacramento County as well. Yes it is law to have a gate around the pool. We are members of California Family Fitness and they had 2 six year olds that were good swimmer drown this summer. So don't take any chances.
