Home Selling in 92065>Question Details

junkmagnet, Home Buyer in Ramona, CA

What are the sellers responsibilities in regards to a swimming pool safety barrier?

Asked by junkmagnet, Ramona, CA Thu May 31, 2012

Is a seller, by law, required to meet the current safety requirements for a pool barrier prior to selling his/her home, if the pool was installed prior to 2007?

Help the community by answering this question:


You should inquire about the village codes....
If it requires the safety barrier (which your insurance should have requested already!) but besides that
if and I am sure there is that rule, if and when the new buyer will have a look - likes the home - you come to an agreement on the price and he then has the inspection, the inspector will bring it up, and then the buyer will wonder how much money that is, and ask it from you in the after inspection negotiations.....

Contact the village civil engineering and zoning division, if you have a plat bring it and have them tell
you what will be required at this time...and read Ron's info below as well.

Good Luck to you

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0 votes Thank Flag Link Sat Jun 2, 2012
The ONLY requirement on something like this, is for the Seller to disclose "any material fact which impacts the value of the home".
If they disclosed it, they are covered.
If there is a local code for a fence or alarm, you, the new owner, will be required to meet it.

Good luck and may God bless
0 votes Thank Flag Link Thu May 31, 2012
Hi again,

Call the Building Department where the house is located and they can tell you the actual fence height. They can also tell you the regulations as they are written.

All others are correct, the seller has no obligation to correct any safety requirements. We just wanted you to understand the current codes so you know what to request from the seller or what your costs would be to bring it up to code.

Best to you,

Mark & Kari Shea
Shea Real Estate
Serving Greater San Diego
0 votes Thank Flag Link Thu May 31, 2012
A seller is not required by law to meet current safety requirements in order to sell. This can be negotiated in the sale but there are not any laws requiring the seller to update pool safety. In the case of many foreclosing homes on the market, pools may not even be in working condition.

Best of luck!

Nicholas Deseno
MJN Real Estate
0 votes Thank Flag Link Thu May 31, 2012
I don't believe the seller has any responsibility to bring the pool up to code. This applies to all standards that were met at the time the home was built, but the laws were updated.

You can ask to have it brought up to code as a safety hazard, but the seller has the right to say 'no.'
0 votes Thank Flag Link Thu May 31, 2012
These days a seller is not required to bring anything up to code. They may even have non-permitted additions which they are not required to have permitted. About the only things they need to have is a strapped water heater, smoke detectors and Carbon Monoxide Detectors.

Everything else is up to negotiations, or you to fix after taking possession. Please take it upon yourself to bring this pool up to current code for safety. You can see more at our blog at http://www.sdinspections.com/pool-safety
0 votes Thank Flag Link Thu May 31, 2012

The City Codes determine pool safety requirements. Typically it is a fence with minimum of a 5.5 feet high, in some cases they may require a higher fence.

Hope this helps,

Mark & Kari Shea
Shea Real Estate
Serving Greater San Diego
0 votes Thank Flag Link Thu May 31, 2012
This is more of a question for the local building/zoning department who could answer the local code requirements. If it was installed in 2007 there should be permits files, I would ask about that to make sure they had them. If they had them then the code requirements for the time should have been checked and approved. But check to be sure if you have a question.
0 votes Thank Flag Link Thu May 31, 2012
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