A client asked me: “Please
can you let me know what is the 'law' regarding a fence around a swimming pool.
Is it the landlord’s responsibility or the tenant residing at the property? Is
it the law to have a fence around a swimming pool or is a pool net sufficient?
The National Building Regulations require
that an owner of any site which contains a swimming pool must ensure that
access to such swimming pool is controlled per standards laid down by the South
African Bureau of Standards.
In terms of the Measures for Private Swimming Pools By-laws
for the City of Johannesburg Metropolitan Municipality, an owner of a swimming
pool or swimming bath, must:
- surround it with an enclosure (a wall or compliant steel fence) that must consist wholly or partially of a wall that is so situated, constructed and maintained that a child under the age of seven years is not able to climb over, crawl under, squeeze through such enclosure or any door gate forming part thereof, or otherwise gain access to the swimming pool on its own; and
- ensure that every door or gate forming part thereof fitted with a self-closing and self-latching device which is inaccessible to a child under the age of seven years and which must be maintained in good working order; or
- alternatively, fit the pool with a compliant pool net, and ensure that the pool is completely covered by the pool net always when the pool is not being used;
- not allow any child under the age of seven years to have access to or to use the swimming pool unless such child is always under the direct and personal supervision of a person eighteen years or older.
This applies equally
to the owner of a fixed property and the body corporate (in relation to a
swimming pool situated on the common property of a sectional title scheme) or the
registered owner of a unit in a sectional title scheme who has a right to use a
swimming pool in his exclusive section.
The By-laws define “swimming
pool” as a privately owned permanent excavation or structure situated at, below
or not more than 1m above ground level in the case of an outdoor swimming pool
or at, below or not more than 1m above floor level in the case of an indoor
swimming pool that is used or is intended to be used for swimming, and can
contain at any point, water to a depth of more than 300mm.
In special
circumstances, the Council may on written application by an owner of a swimming
pool, on a prescribed form, and on such conditions as it may consider expedient,
exempt such owner from having to comply with the by-laws if the Council is
satisfied with the sufficiency of other measures of protection against
accidental injury and drowning which are in place or will be put in place in
respect of the swimming pool concerned.
Any person who fails
to comply with these by-laws is guilty of an offence and liable on conviction
to a fine or in default of payment to imprisonment for a period not exceeding
six months.
