I want to convince a neighbor at my apartment complex that she can’t put her dog in the swimming pool. She claims it’s not an issue anywhere.
I know that it’s a county or state public health regulation, but I can’t figure out how to locate it.
I’m in Santa Clara county, California, but I’m sure if I could find any cite for another area it would be enough to win the argument.
An apartment swimming pool is almost certainly not a “public pool” - it’s a private swimming pool owned by the landlord, and so the landlord’s rules apply.
Quite frankly, I find it difficult to believe anyone would be stupid enough to think letting their dog swim in a common pool is a good idea. Tell the landlord.
I already found the legal cite that any pool used by 3 or more families is a public pool. I’d rather not get her in trouble with the landlord.
Of course, IANAL, but I’d still say it’s a private pool. It’s not open to the general public, right? It’s only open to the people who live in the apartment complex? Not a public pool.
Even if it is a public pool, I’d say it’s a health code issue. Look up county health codes. I bet there’s one that says dogs aren’t allowed in pools.
What about the apartment rules? Any rules about pool use? There should be some set of rules about not using the pool after hours and bringing guests - there’s got to be something about not letting dogs in the pool.
And I’d let the landlord know she’s letting her dog swim in the pool.
PDF Cite:
http://www.dhs.ca.gov/ps/ddwem/environmental/EnvHealthRegs/PDFs/T22PublicSwimPoolRegDraftAmend.PDF
This is a proposed change to California Code of Regulations, Title 22, Chapter 20, Public Pools. The proposition suggest changing the section that states
to state
Sounds pretty clear to me.
But risking the health of others using the pool is OK?
Health risks aside (to me they seem minimal) its the pool filter that is the problem. Animal hair clogs it up fast if its not a really good filter and that is reason enough.
Just curious, but what health risk do people get exposed to via dogs in chlorinated water? Granted, I don’t think I would want people bathing dogs in a pool, but what is the health risk? If the dog has worms, than there is also a risk from unscooped poop, but other than the eeewww factor, I don’t know.
FTR, I let my dog into my pool he, he doesn’t really like it too much and would rather be in a creek.
[ Duckster - Did you even read the OP? The poster wants to stop the dog from entering the pool, and with a legal basis rather than an owner’s whim. ]
Assuming … -
Here’s a link to the Department of Health Services in L.A., which is based on the state guidelines.
Your county doesn’t have it on-line, but it’s also in their regs:
Section 65533 Cleanliness of Pool
subsection (B) Animals shall not be permitted in the pool or pool area.
Call the Santa Clara County, Department of Environmental Health, and they can send you the full code.
While an apartment swimming pool may not be a “private pool” for the purposes of some laws, it’s certainly NOT in the same class as a “private” pool in a private back yard. Public accomodations like hotels, for example, can’t argue that health codes don’t apply beause the pool is limited to guests. They have their own rules – and in fact, in most places the public pools rules are extended to cover them. It’s just easier
for example, the first page that googled up for Santa clara swimming pool regulations was a rule about lighting pools, and it expliitly says: * This bill would apply similar requirements relating to electrical lighting to public swimming pools operated for the use of the general public with or without charge, or for the use of the members and quests of a private club, including any swimming pool located on the grounds of a hotel, motel, inn, apartment complex, or any residential setting other than a single-family home. […] ** Existing law, the Swimming Pool Safety Act, establishes certain safety requirements for swimming pools, as defined**, including nonportable wading pools, regarding pool enclosures and related safety equipment.*
Other swimming pool laws make their own specific inclusions or exclusions. The most common categories seem to be 1) public pools, free admission or for a fee; 2) government-owned pools; 3) pools for groups like hotels, clubs, apartments, etc.; and 4) single family residence pools (which are generally treated separately). Though I didn’t find any dog-specific rules (I stopped after lopoking at about 10 laws – there’s no shortage of available info), it appears that apartment pools are generally held to the same safety standards as public pools – which makes sense, when you consider the risks to guests of tenants (and other categories, like new tenants unfamiliar with house rules) and the possible non-responsiveness and unaccountability of many landlords and management companies (telling citizens they must resort to post-facto lawsuits just doesn’t hack it after a tragedy)
Have you pointed out to this woman that swimming in the pool is not good for her dog? The chemicals in the pool are not only harmful if ingested but bad for the dogs skin.
Actually, according to the relevant part of the Santa Clara County municipal code, it’s a private pool:
Unfortunately the broader section on swimming pools says nothing about the issue of dogs and pools. Neither does the section on Animals and Fowl appear to have anything directly relevant.
Yes, thank you. I read the OP. However, since the current laws and regulations being cited are based on a health perspective, it makes no sense (to me) to want a legal basis to stop it, but not want to enforce said laws and regs appropriately. If there is more than one family with a dog using the pool, bringing the matter to the attention of management on a general nature should not implicate any one family. But the OP is only talking about one dog and its owner. No matter how you look at it, unless the OP speaks directly to the owner, and the owner agrees to abide by the law, what remains is escalating the issue, and the owner will be identified.
At the end of the day, should one be more concerned about a bruised ego of one or the health of all concerned? Only the OP can honestly make that call.
Again, what are the health issues?
Sounds like you have no case. Why do you care if her dog goes for a swim anyway? Chlorine kills any microbials, and the maintenance guy cleans the filter. If you don’t want dogs in your pool, first get your own pool, then bitch about it. It is not your pool, it is not your mess to clean up, it is not illegal and therefore you should either shut the hell up or come straight out and ask the woman not to let her dog swim there because you don’t want her to. Because clearly you have no other good reason.
Based on the cites offered by other posters, it seems like he has very good case, legally speaking.
clairobscur - I agree with you.
The Santa Clara County Department of Environmental Health faxed me this definition:
**Private Pool **-Any constructed pool, permanent or portable, which is intended for non-commercial use as a swimming pool by not more than three owner families and their guests.
*** Note: *A single family residence is Occupancy R-3
Public Pool - A pool other than a private pool.
But more important, the specific department names offered by various people on this thread were sufficient to convince the woman to call the county offices for herself and she got the same answer, and agreed that putting a dog in the pool was unwise, and admitted that she had wondered whether the dog would always have sufficient bowl and bladder control.
Duckster - I don’t understand your failure to understand. I saw a problem, and I solved it with the help of those posting. The landlord was not called, nor was there a need to do so. The woman’s ego is bruised, as you wanted, but there’s no need to beat her up further.