This decision was made during a council meeting following stakeholder submissions and feedback from public hearings held earlier this year, which raised several concerns about the proposed regulations.
According to MMC for Public Safety Sello Lemao, major concerns were raised regarding the tariff for inspection and approval of pools, the cost that property owners would incur in order to comply with the safety measures required such as pool covers or fencing, and the city council’s capacity to implement the bylaw.
Further, questions were raised regarding the lack of statistics on drowning incidents in private pools in comparison to drowning in rivers, dams or any form of open water.
The council also found that residents were already keen about ensuring swimming pool safety but were opposed to a bylaw being the best mechanism to address safety, arguing that educational programmes would be more feasible.
Further, legislative provisions on safety compliance were provided and regulated within the National Regulations and Building Standards Act of 1977 and SANS 10400.
“Under the circumstances there is no rationale for the proclamation of said bylaws whilst there is existing legislative provisions for swimming pool safety standards,” said Lemao.
However, council approved that it become mandatory for all swimming pool plans or applications to be submitted to the city council‘s Development and Planning Department (Building Control) for approval and forwarded to the Emergency Services Department for input before approval or decline.
In addition, Building Control should instruct all plan examiners to inspect and ensure the safety compliance of swimming pools being constructed.
According to DA Shadow MMC for Public Safety, councillor Michael Sun, after the proposed draft Safety Measures for Swimming Pools Bylaw was published for public comment and participation, the city council received strong opposition to its implementation.
“Whilst we are in support of the city thinking forward in ensuring the residents’ safety, we must be realistic and reasonable in implementing such onerous provisions to the residents.”
“There are legal provisions… regarding swimming pools; the City has now taken that legal requirement one step further by making it mandatory for its Building Control to ensure all pool plans or applications are in line with SANS 10400,” he said.
However, Sun was concerned about whether the city council had adequate capacity and capability to process the applications – particularly in the Emergency Management Services department, which managed and provided emergency services such as ambulances and fire trucks.
The city council would shortly announce the mandatory process for swimming pool plans or applications.
