See Something, Say Something 

I know, I know. You may not be the pool inspection expert, or, as I often hear, “It is beyond the scope of the Standards of Practice.” Did you know ASHI has a Standard of Practice for Pool Inspections?

Chances are you know enough to incorporate a few pool-related issues into your routine. Are you obligated to? I’m not an attorney, so go ask yours. The way I look at it, I’d say yes.

I have coached ice hockey for more than 30 years (almost as long as I’ve been inspecting). As a coach, we are considered “mandatory reporters.” If we notice or become aware of an issue, we are required to report it (or, in some cases, pass it up the chain of command).

Driving across a bridge years ago, I noticed for the first time a “see something, say something” sign. In my opinion, this approach is not lost on coaching youth sports or public safety.

Would you agree that, as a home inspector, you are a mandatory reporter, and that “see something, say something” applies? Even if it’s just to pass it up the chain of command.

Setting Expectations 

As home inspectors, we often walk a fine line, especially when it comes to pools (and a professional pool inspection). Take action early and set expectations.

Chances are you knew there was a pool on the grounds before the inspection was booked. If the client’s representative hasn’t already done so, it’s your chance to educate your client, just as you may with other ancillary services.

Our California brethren will attest: California law requires home inspectors to dip a toe into pool inspections, at least a little. Should we all be doing the same, or maybe even a little more?

If you are not comfortable with all the nuances of a complete pool inspection, your client conversation may, if you are taking the mandatory reporter concept to heart, go something like this: “Dear Mr. & Mrs. Buyer, in preparing my quote for the requested services at the subject property, I noticed there is a pool on site. During my home inspection, I may touch on a few visible and obvious issues relating to the pool; however, the home inspection is not a pool inspection. A complete pool inspection is best left to a specialist geared to understand and report on all related systems and components. It is our recommendation to research and contract such a specialist for this important service.”

What are “visible and obvious” items?  

Let’s look at the California law known as the Pool Safety Act (SB442). The Pool Safety Act requires the home inspector in California to include in the home inspection report which of the seven safety features are present and to state in the report if there are fewer than two safety features present.

To keep it simple, two of the following seven features must exist:

A pool or spa fence that separates the pool or spa from the home

A removable mesh fence

A manual or automated safety pool cover

Exit alarms on doors and windows that provide direct access to the swimming pool or spa

A self-closing, self-latching device on doors that prevents direct access to the swimming pool or spa

Pool and spa alarm that will sound upon detection of accidental or unauthorized entrance into the water

Other means of protection

Barriers

As we touched on when looking at the Pool Safety Act, components like door/window alarms, self-closing/self-latching gate mechanisms, and in-pool alarms all weigh in.

Barriers are so much more than the fence. As an ASHI home inspector, you need not inspect the “fence” (SoP 4.2b). However, given the inherent increase in safety and liability when a pool exists, a prudent inspector should have a working knowledge of barrier requirements for their location.

Look at the Consumer Product Safety Commission (www.cpsc.gov) “Safety Barrier Guidelines for Residential Pools” to get an in-depth feel for what’s involved.

Electrical Considerations

Chances are pretty good there are a few pool-related electrical items you are already looking at:

GFCI Protection. All 15- and 20-ampere, single-phase, 125-volt receptacles located within 20 feet of the inside walls of a pool shall be protected by a ground fault circuit interrupter.

Overhead service cables over a pool or in close proximity. Highly discouraged, but conductors must meet the clearance requirements of 22.5 feet. Check your local requirements. Obviously, you are not breaking out the tape measure here, but using judgment and erring on the side of caution.

Is there a pool-specific subpanel? Maybe way in the backyard? Do or should you inspect it? I know a few home inspectors who do and many who do not. The ASHI SoP (soon-to-be adopted version) may or may not be much help. 8.1 A5 suggests maybe you should, 8.2 A3B suggests maybe not, and 15.2 E12 again suggests maybe not.

My opinion: Unless you are performing a complete inspection of the pool, note the existence and disclaim as a limitation to your home inspection report. Recommend complete evaluation of the pool electrical system and related components by a qualified pool electrician, preferably in conjunction with the complete pool inspection, prior to use of the pool.

Site Conditions

Many pools (like many homes) are built on sites that create challenges. Hillside slopes are especially notorious.

Soil composition, stability, and drainage are often questionable and may require engineering or special measures. The home inspector need not get into technical jargon like geo-technical soil classifications, angle of repose, or dewatering systems, although it is an interesting topic.

Drainage is a condition home inspectors need to pay attention to. Just like the home’s foundation, we want site surfaces to drain away from the pool and pool equipment. This can create challenging transitions when the pool is near the house.

The patio must drain away from the house; the patio must drain away from the pool. So it’s a “chicken or egg” question. The pool usually comes after the house, so the pool patio slopes toward the house. Correction can be challenging and expensive, and we all know those strip drains don’t work for long.

Perimeter Access & Safety

Each year nationwide, about 300 children under 5 years old drown in swimming pools, usually a pool owned by their family, according to the Consumer Product Safety Commission. In addition, more than 2,000 children in that age group are treated in hospital emergency rooms for submersion injuries. Could you help prevent just one?

The causes are not always clear, and I often say sometimes you need to think like a kid to find the safety vulnerabilities.

That raised spa, shear wall, waterfall feature, fire pit, slide, or other poolside accent may be fun or look nice until there’s an emergency and a swimmer in distress cannot grasp the rim, egress is restricted, and the responder cannot get to the spot where the victim is.

Pools, like houses, require certain design components in the event of an emergency, and, like houses, too often they are overlooked or altered. If a swimmer in distress cannot grasp the rim of the pool (or other handhold), there is a problem. If egress is limited, there is a problem. If a responder cannot safely and quickly access the swimmer, there is a problem. Ideally, 36 inches of clear, uniform space at the perimeter of the pool is recommended. 

Raised surfaces near a pool also create an attractive nuisance for users to jump off—or worse, dive off. Most residential pools are not designed for “uncontrolled entry.” Period.

And don’t get me started on diving boards. Dangerous for kids and often more dangerous for adults.

“Walk! No running!” We have all heard it.

Lifeguard-level supervision is of utmost importance. No sign, warning label, or instruction manual is more important than visual supervision.

Can all areas of the pool environment be visibly supervised? How about from a distance?

In public pools, when required, there is a reason lifeguards are ideally elevated at poolside. This vantage point provides crucial expanded visibility, reducing blind spots, glare, and water surface turbulence. It allows lifeguards to monitor the entire pool surface and, crucially, look below the surface to spot submerged victims more effectively.

In residential pool environments, unfortunately, this level of care simply does not exist. But with education and awareness, maybe your client could reduce the chance of experiencing such tragic statistics.

Be Careful Out There

Hill Street Blues roll call would always say, “Let’s be careful out there” Funny, I always thought it was Barney Miller.

Anyhow, while the risk is different, we as inspectors need to get up every day and remind ourselves—and those around us—to be careful out there. Careful not only includes going up and down the ladder but also being careful to inform.

Pools take a relatively safe backyard and create a myriad of conditions, many safety-oriented. This should give reason for pause by anyone involved in the real estate transaction.

Every party should be on-guard to recognize and raise awareness.

Whether you ignore the pool and move along, incorporate bits and pieces into your report, or offer a comprehensive pool inspection, you need to be clear and direct. Clear client expectations should be set. If something bad happens, regardless of what you did or didn’t do, chances are you will get dragged into it.

Take time to consider your approach. Review your agreement and your report. I’m not an attorney, so speak with yours to decide how to best protect yourself and best serve your clients.

Peter Muehlbronner is president and founder of AHI, Inc. – Consulting. Since 1997, AHI has provided residential and commercial inspection services. In 2008, the company added residential pool inspections to its offerings—currently the majority of Muehlbronner’s work. He is an ASHI Certified Inspector (ACI) and Master Inspector by Review® (MIBR®). He served as president of the Tri State Chapter of ASHI. He is also an active member of the Pool & Hot Tub Alliance and holds CBP, CPO, CPI, CST Pool Specific Credentials, as well as Watershape University (WU) CWRI. Muehlbronner serves as a national speaker and educator around pool inspection education.

Opinions or statements of authors are solely their own and do not necessarily represent the opinions or positions of ASHI, its agents, or editors. Always check with your local governmental agency and independently verify for accuracy, completeness, and reliability.