News for the ‘Arizona Lore’ Category

Pool Barrier Laws - Not Just for Homes with Children

Pool Barrier Laws - Not Just for Homes with Children
By Diane Cole, AAR Communications Director
as seen in the Arizona Republic, June 2002

Is a wall around the yard all I need to satisfy pool barrier laws? Do I need a fence around the pool as well? Can I just keep the gate and sliding door locked? How well do you know pool barrier laws?

In 1991, Arizona passed the pool barrier law, Arizona Revised Statutes (A.R.S.) § 33-1681, requiring an enclosure surrounding the pool area. The law allows cities and counties to adopt their own ordinances, “…provided that the ordinance is equal to or more stringent than the provisions of this article.” Ordinances vary widely between cities and counties; homeowners and buyers need to research the laws carefully to make sure their home is in compliance.

According to Greg Conrad, City of Phoenix Development Services Supervisor, most violations are caused by not using or not maintaining barriers properly. Tickets for code infractions in Phoenix cost $50-$2500; failure to comply can result in criminal action with six-month jail sentence and fine. In Tucson, the most common violation is not having self-closing, self-latching gates or the gates don’t work properly.

To help you gain a basic understanding of Arizona’s pool barrier laws, this column will answer some of the most common questions.

• What is a pool barrier?
  Generally, under state law, a fence or wall separating the pool from the house or a motorized pool cover requiring a key switch to operate are considered pool barriers. Fences or walls must be at least five feet high with openings no more than four inches wide. If doors or windows give direct access to the pool, doors must have self-latching devices and windows must not open more than four inches. City and county ordinances may be different.
• Who is required to have a pool barrier?
  A.R.S. §36-1681 requires that all residential swimming pools are enclosed by a barrier. Families with children under six must also have a barrier blocking access to the pool from the house. Homes where all residents are six years of age or older and homes with pools built prior to the effective date of the law are exempt under state law, but be aware that some city and county ordinances differ. Some require homes built before the effective date be brought to code if remodeled or sold, regardless of the age of children residing in the home.
• I’m ready to make an offer on a house with a pool. What information should I receive?
  The Arizona Association of REALTORS® (AAR) Residential Resale Purchase Contract, used in most resale home transactions, includes a “Notice to Buyer of Swimming Pool Barrier Regulations,” in which the buyer and seller acknowledge the existence of state laws as well as possible county and municipal laws, and the buyer agrees to investigate and comply with these laws. The seller is required by law to give the buyer a copy of the pool safety notice from the Arizona Department of Health Services. The Contract also requires the buyer be given a Seller’s Property Disclosure Statement, which discloses any known code violations on the property.
• The house I want to buy has a fence around the pool, but it doesn’t meet code. Who is responsible for bringing it up to code and how long do we have?
  The AAR Purchase Contract states: “During the Inspection Period, Buyer agrees to investigate all applicable state, county, and municipal swimming pool barrier regulations and, unless reasonably disapproved within the Inspection Period, agrees to comply with and pay all costs of compliance with said regulations prior to possession of the Premises.” Check city and county ordinances for their specific requirements.
• We have an above-ground pool in our backyard, so we don’t have to worry about pool barrier laws, do we?
  Above-ground pools are covered by the same state legal requirements for an enclosure around the pool. The pool must be at least four feet high with a wall that is not climbable and steps or ladders that are locking or removable. Again, check city or county ordinances for different requirements.
• Where can I find pool barrier information?
  • Start with your city and county. A list of the departments overseeing pool barrier enforcement and additional information can be found on the AAR website.
  • Some cities and counties have ordinances online, www.az.gov.
  • Read the state law online, www.azleg.state.az.us/ars/36/01681.htm.
  • Other resources:
    • Consumer Product Safety Commission, www.cpsc.gov
    • “Urban Survival - Life Safety Planning” - brochure from the Phoenix Fire Department, in English and Spanish; call 602/256-3179

Reprinted with permission from the Arizona Association of REALTORS.

Edited: June 29th, 2009

The Peralta Massacre

It is said that the powerful Peralta family had been operating several successful gold mines in the area of the Goldfield and Superstition Mountains during the mid 1800’s, and that they were making frequent trips home to Mexico to deliver their gold. 

In 1848, while the United States was in the process of taking possession of the lands to the north of the present-day Mexican border, the Peraltas brought in a large group of miners and made a last minute push to recover all the gold they could before they lost their mines.  Legend has it that while these men were returning to Mexico with their mules loaded with gold, they were set upon and massacred by marauding apaches.  The raiding party supposedly took the mules, and the saddle bags, but they left the piles of useless gold rocks behind. 

There were reports in 1912 or 1913 that a couple of prospectors found a substantial amount of gold ore at the site of this massacre, $18,000, a considerable amount of money in those days!  To this day there are people who insist that this area is still haunted by the spirits of the miners, and the Massacre Grounds are a popular hiking destination on the western end of the Superstition Wilderness.

Of course, as with almost all the stories about the Superstitions, there are experts who dispute the origins of this story, or whether it happened at all.  There are no records of the Peraltas mining in this area, but they did mine in California, and they fraudulently sold huge areas of the land around here after their mines failed. But in spite of these “facts” true believers will tell you that these experts just want to keep others from delving any deeper into the mountain’s history.

In the 1950’s , sandstone maps supposedly leading to some of these mines were found in the area, and now have become part of the legends of the Superstitions.  Copies of the maps are now on display at the Superstition Mountain Museum.

Legend has it that a few of the Peraltas survived the massacre, and that one of them showed Jacob Walz, the infamous Lost Dutchman, where the mine was…but that’s another story!

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Edited: January 27th, 2009

Superstition Mountain Lore

As long as people have been living in and around the Superstitions, they have been telling stories about the mountains.  It seems that no matter who has lived here, the mountains have added the elements of mystery, magic and wonder to their lives as well as to the stories they tell.

The Hopi believe that there was an earth-cleansing flood in the early days of the world, and that the “Ark” of the faithful came to rest on top of these mountains after that flood.

The Apache refer to these mountains as being the “home of the Thunder God”, and believe that they are sacred to this day.

The Pima, who believe that their entire race, with the exception of one hunting party, was destroyed as punishment for their pride, see the mountain as the place that the spirits of the dead are kept, and as a wall between them and the riches that were left for them by the creators of their world.

The Spaniards, who were some of the first new world explorers of this area, are believed to have mined in these mountains in search of Gold.

That same gold is said to have been the source of the mountain’s most famous legend. 

The “Lost Dutchman” mine of Jacob Waltz has been the source of at least a hundred books, and still attracts miners, historians and mystery fans to the area.

Modern people come here in search of a wide variety of things as well.  Some come for the unbelievable hiking and views, some for the sense of history in the area, or for the great food and recreation that is available nearby, and some still search for the lost gold that is said to lie “up there” somewhere.

So whether you’re here to visit, still looking for a great destination, or if you’re already here to stay, I’m sure the mountain will leave you with a story or two to tell!

If you have a favorite legend, or if you have a story to pass on, (or if you know where the mine is!) drop us a line at news@allynassociates.com
and we’ll get right on it! 

Edited: January 10th, 2009