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Village of Warfield
Bylaw No. 805 - 2015
A bylaw to require the enclosure of private swimming pools
WHEREAS Sections 8(3) (g) and 63(d) of the Community Charter, S.B.C. 2003 c.
26 provide that Council may, by bylaw, exercise its authority over protection of
persons and property to regulate, prohibit and impose requirements in relation to
the enclosure of swimming pools and other pools;
NOW THEREFORE the Council of the Village of Warfield in open meeting assembled
enacts as follows:
1. This bylaw may be cited as "Swimming Pool Enclosure Bylaw No. 805-2015".
2. Building Bylaw Amendment #730 section 20 subsections 3 and 4 are hereby
repealed.
INTERPRETATION
3. In this Bylaw:
"Building Inspector" means a person assigned by Council to administer and
enforce the building code and related municipal bylaws;
"safety cover' means a barrier for swimming pools, which inhibits access to
the contained body of water which is intended to be completely removed
before entry of persons into the water,
"Safety Cover Performance Specification" means the specifications created by
ASTM International under the fixed designation F1346 ("Safety Covers and
Labeling Requirements for All Covers for Swimming Pools, Spas and Hot
Tubs");
"swimming pool" means a pool or other structure designed and constructed
for swimming, bathing, wading or diving having a surface area greater than 9
metres squared and a depth at any point of more than 45cm, which is not
open to use by the public, including, without limitation, in-ground pools,
above-ground pools, wading pools, hot tubs and spas.
SAFETY REQUIREMENTS
4. (1) Every owner of a swimming pool shall ensure that the swimming
pool is completely enclosed with a fence which shall:
(a)
have a minimum height of 1.2m;
(b)
have no openings greater than 10cm; and
(c)
be maintained in good repair so as to restrict the entry of
persons and animals
(2) Any gate in a fence constructed under subsection (3) shall:
(a) have a minimum height of 1.2m;
(b) have a self-closing and locking latch; and
(c) have no openings in it, or between it and the fence, greater
than 10cm when closed.
5. (1) Despite Section 4, where a fence is not installed to enclose a swimming
pool, a safety cover certified to meet the requirements of the Safety Cover
Performance Specification must be installed and maintained on the swimming
pool in accordance with that specification.
(2) Where a fence is not provided in accordance with Section 4 and a safety
cover is installed in accordance with Subsection 5(1), it is the responsibility
of the occupier of the property to have the safety cover properly secured to
prevent access to the pool when the pool is not in use and not under the
direct supervision of a competent person.
(3) Where a fence is not provided in accordance with Section 4, the owner of
the property must enter into a covenant with the Village to indemnify the
Village against all claims and demands, actions, suits or other proceedings
against all loss and costs, which may be caused by or arise out of, or in any
way be attributable or incidental to the owner's non-compliance with Section
4.
AUTHORITY TO INSPECT
6. The Building Inspector may at all reasonable house enter any property to
determine if the property or any fence or swimming pool on the property
complies with the provisions and requirements of this Bylaw.
7. No person shall obstruct, refuse or neglect to admit to any property
regulated under this Bylaw, the Building Inspector or other municipal officer
or employee in the execution of his duties or for any purpose relating to this
Bylaw.
EXEMPTIONS
8. Where a swimming pool is situated on a property which is entirely fenced,
and the fence complies with Section 4, the swimming poor itself need not be
fenced.
9. Swimming pools constructed above ground, and where the method of
construction prohibits direct access into the swimming pool, are exempt from
this Bylaw provided that any decks, ladders and stairs to the swimming pool
are removed or rendered inaccessible when not in use.
10.
Swimming pools entirely contained within a building or structure
that can be locked to prevent unauthorized access are exempt from this
Bylaw provided that the building or structure remains locked when the pool is
not in use.
OFFENCE AND PENALTY
11.
Every person who violates any provision of this Bylaw, or who
suffers or permits any act or thing to be done in violation of any provision of
this Bylaw, or who neglects to or refrains from doing anything required to be
done by any provision of this Bylaw is guilty of an offence against this Bylaw
and is liable to the penalties imposed under this Bylaw and each day that a
violation continues to exist is deemed to be a separate offence against the
Bylaw,
12.Every person who commits an offence against this Bylaw shall be liable upon
summary conviction to a fine or to imprisonment, or to both a fine and
imprisonment, not exceeding the maximum allowed by the Offence Act,
R.S.B.C. 1996, c. 338, as amended.
SEVERABILITY
13.
If any section, subsection, clause or phrase of this Bylaw is held
invalid by a Court of competent jurisdiction, then that invalid portion shall be
severed and the remainder of this Bylaw shall be deemed to have been
adopted without the severed section, subsection, clause or phrase.
READ A FIRST TIME on 4th day of March, 2015
READ A SECOND TIME on the 4th day of March, 2015
READ A THIRD TIME on the 4th day of March, 2015
RECONSIDERED AND FINALLY ADOPTED on the 18th day of March, 2015
_________________________ _________________________
MAYOR CHIEF ADMINISTRATIVE OFFICER