Swimming pools and the law: Ensure it is compliant.

A popular addition to homes and security complexes, swimming pools provide leisure, enhance a property’s aesthetic appeal, and generally increase re-sale value. However, the installation and operation of swimming pools are governed by various legal requirements.

With summer in full swing, this article helpfully explores the legal framework regulating swimming pools in South Africa.

1. Multi-layered protection

1.1                Access control

To prevent accidental drownings, the National Building Regulations mandate access control to swimming pools. Under regulation D4, pool owners must control access to their pools. Failure to comply is a criminal offense. Pool owners are responsible for enforcing these regulations and can be held liable or criminally charged in the event of a drowning where negligence is proven.

Regulation D5 requires compliance with South African National Standard 10400 (SANS 10400) to satisfy access control conditions. SANS 10400 mandates:

• Enclosing the pool with a fence or wall.
• A self-closing, self-latching gate with a lock mechanism.
• A fence or wall at least 1.2 meters high with no openings larger than 100 millimeters.
• Adherence to specific construction standards for steel fences and gates.

It's important to note that some municipalities may have stricter local bylaws regarding pool safety.

1.2    Safety cover or net

A safety net or solid safety cover must:

• Prevent objects larger than 100 millimeters from passing through.
• Support a weight of 220 kg (larger pools) or 125 kg (smaller pools).
• Dry within five minutes.
• Have a child-resistant fastening system.
• Form a complete barrier over the water.
• Be professionally installed by an accredited supplier. Make sure that you enquire from the supplier whether the equipment is SANS compliant.

These requirements will not only be applicable to property owners but will include tenants or occupiers, who will have an additional obligation not to allow water in an unsafe pool.

2. Objectionable discharge

Regulation P3 prohibits the discharge of pool water onto public streets or places without written permission from the local authority. Violation of this regulation is a criminal offense.

3. Building plan approval

While private swimming pools are categorized as "minor building work," many municipalities, including the City of Cape Town, require building plan approval before construction. Obtaining approved building plans is a prerequisite for an occupancy certificate.

As you enjoy your pool this summer, ensure it complies with all legal requirements to prevent accidents and potential legal liabilities.