To ensure the safety and public health of those around you in residential swimming pools, the Chicago drowning accident lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers, recommend that you know Illinois residential swimming pool regulations and take some precautions to protect visitors.
Residential Swimming Pools and Illinois Law
Similar to public pools that are governed by Illinois public pool laws and regulations, private residential swimming pools are also subject to certain legal requirements. Responsible for following liability laws, property owners should not only prioritize safety but also stay informed about the Illinois residential swimming pool laws and regulations for outdoor swimming pools on their property.
The Illinois Private Swimming Pool Enclosure Act: Pool Fence Requirements
The Private Swimming Pool Enclosure Act requires a pool owner to enclose their pool with a permanent barrier like fencing or a wall. The fence must be at least 42 inches (at least 3.5 feet) tall.
This legislation aims to prevent drowning incidents by limiting unauthorized access to swimming pools in Illinois. Pool owners need to follow this mandate and make sure their pool complies with state regulations.
What Additional Regulations Do Chicago or Other Municipalities Have?
Check with your county or local municipality, as they may have additional, stricter laws that are important to follow.
For example, in the City of Chicago, pools deeper than 4 feet must:
- Be completely enclosed by a fence or other barrier that is 5 feet high
- Have gates with self-closing and self-latching hardware
- Have clear pool walkways that are a minimum of 6 feet wide
What About Hot Tubs and Above-Ground Pools?
This law applies exclusively to in-ground pools, excluding hot tubs, jacuzzis, and above-ground pools. Notably, above-ground pools with a minimum height of 42 inches (3.5 feet) are exempt from these regulations.
Do Illinois Premises Liability Laws Apply to Backyard Pools?
In Illinois, backyard pools are subject to specific regulations to protect both pool owners and users from the dangers of swimming pools. According to Illinois premises liability laws (740 ILCS 130/1), properties with backyard pools must adhere to standards designed to ensure safety and prevent accidents.
Pool Owners Can Take Further Steps to Prevent Accidents Due to Negligence
Pool owners are encouraged to enhance safety by installing pool alarms, ensuring the pool is completely surrounded by sturdy fencing, and posting clear warning signs about potential hazards. In the event of an accident, owners may be held liable if negligence is found.
What Is the Attractive Public Nuisance Doctrine?
The Illinois attractive public nuisance law holds pool owners responsible for injuries to children attracted to their pools. If a child enters a property and is injured due to inadequate safety measures, the owner may be held accountable, regardless of whether they knew the child was there.
Pool owners can install pool fences, gates, and clear signs warning of any potential dangers and hazards.
Common Causes of Pool Injuries
Swimming pools can be fun but also pose dangers, including unsupervised swimming, slips, improper diving, malfunctioning equipment, and chemical exposure. Children who swim without adult supervision have increased chances of accidents.
Chicago Guidelines for Private Residential Pools

The City of Chicago Department of Buildings outlines additional safety precautions and standards for private residential pools.
Residential pools with a water depth of 48 inches or more (4 feet) must comply with the following safety measures:
- When the pool is in use, a skilled swimmer must be present at all times.
- Safety equipment should include a ring buoy with a rope for throwing and a flexible pole for reach-assist rescues.
- Residential pools may not have a diving board more than 3 feet above the water surface.
Pool Rules Promote Water Safety
Posting pool rules is not required by Illinois but is highly recommended and can help prevent swimming pool accidents.
- Keep the pool area well-lit
- Ensure children are supervised
- Install a fence with a self-latching gate
- Check for any hazardous materials in or around the pool
- Swimmers, especially young children, should wear proper flotation devices
- Properly clean and maintain your pool and check chlorine and pH levels regularly
- Have first aid and emergency supplies nearby
What About Germs and Pool Safety?
Germs contaminating hot tub or pool water can cause illness in swimmers.
To prevent germs from growing, it’s important to keep the pool’s pH, chlorine, and chemical levels balanced. The CDC recommends checking the disinfectant level and pH at least twice a day, or more often if the pool is heavily used.
Check Drains and Prevent Contamination
Pool owners should watch out for standing water near their pools, as it can become contaminated by runoff. Poorly maintained pool drains or missing drain covers can also cause water contamination.
Shower Before Swimming
Showering before entering the pool and ensuring swimmers wear bathing suits can help reduce germs in the water, which can lead to illnesses for pool-goers.
Take Action If You’ve Been Affected
If you or someone you love has suffered an illness or injury due to swimming in a private pool, it’s important to take steps to protect your health and rights. Seek immediate medical attention to address any symptoms and document the issue.
Additionally, consider consulting a legal professional experienced in swimming pool cases to explore your options for compensation and accountability. Your safety matters, and ensuring proper action is taken can prevent future incidents and help promote responsible pool ownership.