Daily Breeze (Torrance)

Is a lifeguard required to have when using my backyard pool?

- — N.D., Westcheste­r — K.L., Indian Wells 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 th

QWe 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?

AAs of Jan. 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.

QIs our pool cleaner required to have a license in California?

AA 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 at cdph.ca.gov. Or you can go to your web browser and type in “CDPH, California Swimming Pool Requiremen­ts.”

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