Frequently Asked Questions 

Q: What are the requirements in Arkansas for construction or renovation of commercial pool/spa operations?

Answer: Before work is commenced on any new construction, any alteration of any existing pool, spa or water recreation attraction, complete and detailed plans and specifications shall be submitted in triplicate of the Arkansas Department of Health.  Plans for all Class A pools or other pools as determined by the Department shall be prepared by a professional engineer.  All work shall be performed in compliance with the Arkansas State Licensing Law for Contractors and laws of the Arkansas Board of Registration for Professional Engineers.

Q: Is an annual permit for operation required for commercial pools in Arkansas?

Answer: A permit for operation is required annually and is due January 1 each year.  The permit fee for pools without a food service operation is $25.00  If a public swimming pool and a food service establishment are owned and operated at the same location by a common individual, corporation, firm or other entity, the annual swimming pool permit fee shall be ten dollars ($10.00), due and payable January 1.

Q: What is the maximum temperature allowed for a commercial spa?

Answer: Currently the maximum temperature allowed is 104° F.

Q: Is fencing required for residential pools?

Answer: The Arkansas Department of Health does not regulate single family residential pools.  Requirements for fencing for residential pools would vary under local ordinances.

Q: What are the fencing requirements for commercial pools?

Answer: The barrier shall not be less than four feet in height.  The topography outside the barrier shall be considered during the construction phase to insure the barrier will provide a minimum four (4) foot barrier.  Barriers shall not have open spaces greater than four (4) inches horizontally.  There shall not be more than four (4) inches of space between the bottom of the barrier and the ground’s surface or the pool deck.  Where existing construction does not comply with the Regulations, plans to correct this violation must be developed in cooperation with the Department.