The regulations clearly state that any owner who fails to comply with this requirement shall be guilty of an offence.
Additionally, a home owner can also be sued for negligence should someone drown in their swimming pool.
This depends on whether negligence was present. However, a pool that does not meet the required safety standards or where those measures are not effective can provide the necessary grounds for showing negligence on the part of the owner.
Part D5 of the regulations further state that an owner shall be deemed to have satisfied the necessary control requirements where access to the swimming pool complies with the relevant South African National Standards (SANS), as published by the South African Bureau of Standards (SABS).
In terms of SANS 10400-D, the following requirements must be met for swimming pools and swimming baths:
This ensures that no person can have access to such pool or bath from any street or public place or anywhere within the complex other than through a self-closing and self-latching gate with provision for locking in such wall or fence.
It shall not contain any opening that will permit the passage of a 100 mm diameter ball.
Make sure that if you use any of these, you enquire from the supplier whether it is SANS compliant.
TWO MINUTES TO A SWIMMING POOL TRAGEDY AND A R62M DAMAGES CLAIM
A recent High Court decision of A and Another v S and Another (8352/2007) [2016] ZAWCHC 106 highlights once again both the personal tragedy and the legal consequences of failing to protect children from the dangers of swimming pools and other hazards. The facts
• The property in question had both a swimming pool (fenced, with two entrance gates) and a koi pond (neither fenced nor covered); • The 2½ year old child at the centre of this case usually accompanied her mother to weekly cell group meetings held at the house; • The gates were protected with double latches which the child could not have opened herself, but on at least five occasions before the tragedy the gate had been left open. Critically, the mother had pointed this out to the owner’s wife, who had undertaken to ensure it was kept closed in future; • On the day in question the mother was unexpectedly distracted and out of sight of her daughter for approximately 2 to 3 minutes. Unfortunately that’s all the time it took for the child to fall in the pool, where she was found floating face down. She was resuscitated but suffered severe brain damage; • The child’s parents sued the homeowner (and his wife as the person in control of the property at the time) for over R62m, both on behalf of their daughter and in their personal capacities; • Faced with conflicting evidence, the Court found on the probabilities that the gate had in fact been left standing open. If there had been a self-latching spring on the gate (a subject of dispute) it had been insufficient to latch the gate. The question which the court had to decide was: who’s liable? Negligence, held the Court, was, on the particular facts of this case, shared between – 1. The property owner, aware of the risk to small children and negligent for failing to ensure that the gate was properly secured with a self-latching spring or padlock; 2. His wife, negligent for failing to ensure that the gate was kept closed as promised; 3. The mother of the child on the other hand was guilty of contributory negligence for leaving her 2½ year old child unattended when she was already aware of the dangers posed by the swimming pool. The result being that the homeowner and his wife are liable for whatever damages the parents can prove. The mother’s personal claim will be reduced by 30% to reflect her contributory negligence, but the child’s proven damages will be 100% payable.
What safety requirements must my swimming pool comply with? (March 27, 2017: By Marvin Odendaal)
Negligence can still exist where reasonable efforts are not taken to ensure that the safety measures are effective and you as the owner are responsible for making sure that no unfortunate incident happens at your pool.
“I’m contemplating building a small swimming pool in my yard. I’ve heard that you are supposed to have your swimming pool fenced off. Is that true?”
By Marvin Odendaal
A swimming pool is a fantastic idea for a hot summer, but it also represents a very real safety risk as the high number of drownings over the last few years can attest to. It is for this reason that the legislature saw it appropriate to provide regulations that govern the safe operation of swimming pools.
Part D4 of the National Building Regulations (“regulations”) requires that an owner of any site which contains a swimming pool must ensure that access to such swimming pool is controlled. The regulations continue and state clearly that any owner who fails to comply with this requirement shall be guilty of an offence. Additionally, a home owner can also be sued for negligence should someone drown in their swimming pool, depending on whether negligence was present. A pool that however does not meet the required safety standards or where those measures are not effective can provide the necessary grounds for showing negligence on the part of the owner.
Part D5 of the regulations further state that an owner shall be deemed to have satisfied the necessary control requirements where access to the swimming pool complies with the relevant South African National Standards (“SANS”), as published by the South African Bureau of Standards(SABS).
In terms of SANS 10400-D the following requirements must be met for swimming pools and swimming baths:
A wall or fence must be provided by the owner of a site which contains a swimming pool or a swimming bath to ensure that no person can have access to such pool or bath from any street or public place or any adjoining site other than through: a) A self-closing and self-latching gate with provision for locking in such wall or fence, or b) A building where such building forms part of such wall or fence.
A wall or fence shall be provided in any interconnected complex which contains a swimming pool or swimming bath to ensure that no person can have access to such pool or bath from any street or public place or anywhere within the complex other than through a self-closing and self-latching gate with provision for locking in such wall or fence.
What are the regulations regarding pool safety? (28 MAR 2017)
Very few respondents know of the legislation regarding privately owned swimming pools, according to a new survey conducted by pool cover specialists, Aqua-Net. The legislation was presented to parliament by the National Regulators for Compulsory Specifications (NCRS), an entity affiliated with the department of Trade and Industry. Alarmingly, the few residential pool owners who know about the legislation are not adhering to these crucial laws.
While 44% of the respondents to the “Safe Summer Survey” - conducted during September and October of 2016 - knew of an incident where a minor has drowned in their family, social circle or neighbourhood, only 14% were aware of the laws concerning the ownership of residential pools.
According to Section D4 of the National Building Regulations, presented to parliament, the following rules must be met by owners of properties that have a swimming pool:
• The swimming pool should be enclosed by a fence, which prohibits direct access to the swimming pool. This ensures that no member of the public can gain access to a swimming pool from any street or public place or any adjoining site. Access should only be allowed through: • A fence with a self-closing and self-locking gate attached to it. • A wall or fence must be in place for the interconnected complex which contains a swimming pool. • The wall or fence enclosing the swimming pool must not be less than 1.2 m high, measured from the ground level. • It must not have an opening allowing the passage of a 100 mm diameter ball. • The constructional requirements of any steel fence or gate must comply with the requirements in SANS 1390.