Swimming Pools and Babies

SWIMMING POOLS
AND BABIES

Associations cannot prohibit children under the age of 3 from the swimming pool because of fears that the children would not be potty trained and could contaminate the pool. Boards can require that they be supervised by an adult, but they cannot ban them from the pool.

To protect against contamination, boards can require all persons who cannot control their bladder or bowels wear waterproof pants in the pool. This makes the rule nondiscriminatory since it applies to all persons, not just a particular class of persons.

Updated by ADAMS KESSLER 8/21/2007