The new regulations, which serve to implement safety measures for private swimming pools to prevent accidental injury or drowning, could have serious legal implications for homeowners including a jail term.
The bylaws require all owners of private swimming pools to register their pools with the city council and obtain a certificate of compliance.
Once the bylaw is passed, properties with pools will not be able to be sold without this certificate.
According to the regulations, a pool must be surrounded by a wall or fence – erected according to National Building Regulations – which a child would not be able to climb over, crawl under or squeeze through.
Additionally, the entry and exit doors must have self-locking mechanisms and no gaps greater than 100mm may exist.
The regulations permit the use of a pool net or cover, which should meet prescribed specifications. No child under the age of seven years old may be permitted to be unsupervised in a swimming pool and must be accompanied by someone aged 18 or older.
If a person is injured or drowns in a pool that is not properly fenced, the public liability insurance may be nullified. Authorised officials may inspect a pool at any time to ensure that the required measures were met.
Swimming pools that are already fenced prior to the passing of the bylaw would be inspected by an official to determine whether the existing fence was adequate.
If all the requirements were adequately met, a certificate of compliance would be issued to the owner.
However, if the measures were not met or the property was in contravention of any of the regulations, a written notice would be served to the owner.
Owners would be given 21 days to comply but were also permitted to appeal.
Penalties include a fine of R50 a day for every day of non-compliance, or a jail term of up to six months and an additional day for each day that the pool remains non-compliant, in default of payment.
Residents could comment on the bylaw before it is passed at a public meeting on 22 February at the Reception Room, Civic Centre, in Braamfontein between 9am and 1pm.
The draft bylaw could be viewed at https://www.joburg-archive.co.za/2011/pdfs/bylaws/swimming_pools_draft_bylaws.pdf
