Citation

1   Bylaw No. 375-97 may be cited as "Private Swimming Pool Regulation Bylaw".

Interpretation

2   In this Bylaw, unless the context otherwise requires:

• "Private Swimming Pool" means any constructed or prefabricated structure or equipment, whether situated above the surrounding ground level or wholly or in part below the surrounding ground level, used or intended to be used for swimming, bathing, or wading; and having a surface area exceeding 9 m2 (100± sq. ft.) and a depth of more than 600 mm (24± inches), which is situated on any privately-owned real property, but does not include a self-contained hot tub with a locking cover, or a pool that is subject to the Pool Regulation under the Public Health Act, SBC 2008. B/L 2887-2018

Fencing

3   (1)

(a) Every private swimming pool shall be enclosed within a fence not less than 1200 mm (4± feet) in height with no openings greater than 100 mm (4± inches), and shall be designed so that no part, attachment, or opening will facilitate climbing.

(b) The fence may enclose the private swimming pool itself or any portion of the premises on which the pool is situated.

(c) When only the private swimming pool area is fenced, the fence shall be constructed so that the pool is visible through it. The fence shall be continuous, except for access points which shall be equipped with self closing gates designed to return to a locked position when not in use. Gates shall be secured by spring locks not less than 1050 mm (3± feet, 6± inches) above grade, which can only be opened from the pool side of the fence.

(d) Where the barrier around a private swimming pool uses part of the principal dwelling, and where there are door or window openings from the building within the enclosure, the owner or occupier of the property shall implement physical controls, signage, warning systems, supervision protocols or administrative procedures to prevent small children and non-swimmers from entering the pool area unsupervised.

B/L 948-2000

(2) Notwithstanding subsection (1), where the fence is attached to a building, the building may, for the purposes of this Bylaw only, be considered part of the fence, provided it has an exterior wall at least as high as the fence.

(3) A minimum 1.2 m (4-foot) wide walkway around the perimeter of the private swimming pool shall be provided. The rim of the pool must not exceed 1.2 m (4 feet) above surrounding grade.

Gates

4   Gates which provide access to any private swimming pool shall be kept in the locked closed position at all times, and shall only be opened for access to, or egress from, the pool.

Sanitary sewer connection

5   (1) Every private swimming pool located on a lot serviced with a civic sanitary sewer connection shall have a backwash pump connected to the sanitary sewer system. Overflow and drains for every swimming pool shall be connected to the sanitary sewer system. All discharge of water from the pool shall be directed to the sanitary sewer system by a pumped connection. The maximum pumping discharge rate for draining the pool shall be 2 litres per second (25 imperial gallons per minute).

(2) Every private swimming pool located on a lot not serviced with a civic sanitary sewer connection shall be provided with works, systems or other provisions for the safe discharge of pool water. An acceptable system shall include a drain to a rock pit located not less than 30 m from a septic field or a watercourse. Swimming pool water may not be discharged so as to cause erosion or siltation of water bodies, damage to adjacent property, or elevated flows in receiving water courses.

B/L 948-2000

Building permit requirement

6   A building permit is required for a private swimming pool that is wholly or partly below the surrounding ground level. A building permit is required for an elevated deck attached to an above ground pool, where the deck is more than 10 square meters in area, and is more than 600mm above grade.

B/L 1868-2009

Inspection requirement

7   After a building permit has been obtained, an owner of a private swimming pool shall have the fencing required under Section 3 inspected and approved by the Building Inspector before the pool is filled.

B/L 948-2000

Maintenance

8   All fences, including gates, enclosing private swimming pools shall be maintained by the owner or occupier of the real property, in good order and repair at all times.

B/L 2572-2016

Offence and penalties

9   [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

Repeals bylaw no. 1630

10   District of Matsqui Bylaw No. 1630, cited as "Private Swimming Pool Regulation Bylaw", and all amendments thereto, is hereby repealed.

B/L 948-2000