Summer is upon us, and children everywhere are clamouring to spend as much time as possible in swimming pools.  But given that 600 children drown every year in South Africa, now is the time to check that your complex pool area is safe, and that parents understand their responsibility to keep an eye on their children while swimming.

This is the view of Omar Kinnear, developer of ResidentPortal, a web-based communications platform for community schemes, who notes there are substantive rules set out in law.

“Swimming pools erected in Sectional Title developments are considered ‘private pools’ and must adhere to the laws and regulations governing all private swimming pools,” says Kinnear.

These include the National Building Regulations, the South African Bureau of Standards, municipal bylaws, as well as the Prescribed Management Rules of the Sectional Titles Act and the National Building Regulations.  He describes the applicable rules below:

The SABS (South African Bureau of Standards) SANS 10134

The SABS SANS 134, promulgated in 2018, requires that every private swimming pool that can hold more than 30 cm of water should be surrounded by a child-proof fence and also be fitted with a safety net or a solid safety cover to prevent children drowning. Such a net or cover must be fitted by an ‘accredited responsible party.’

In terms of SANS 10400-D the following requirements must be met for swimming pools:

• 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:
  • self-closing and self-latching gate with provision for locking in such wall or fence, or
  • 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.
• Such wall or fence and any such gate therein shall be not less than 1.2 metres high, measured from the ground level, and shall not contain any opening that will permit the passage of a 100mm diameter ball.
• The constructional requirements of any steel fence or gate must comply with the requirements in SANS 1390.

Extra protection, such warning devices can also be used in addition to a fence, with such protective measures having to meet certain SANS compliance standards.

Municipal by-laws

Owners should be aware that some municipalities may have imposed by-laws that govern, and may even provide for stricter safety measures regarding a private swimming pool, and the requirements of these bylaws will have to be adhered to.  For example,

Section 29(2)(a) of the Prescribed Management Rules

PMR 29(2)(a) prescribes that trustees must take all reasonable steps to insure the owners and the trustees and to keep them insured against liability in respect of death, bodily injury or illness; or loss of, or damage to, property, occurring in connection with the common property, for a sum of liability of not less than one R100 000, which sum may be increased by the owners in general meeting.

“It is important, therefore, that there should be insurance against liability for damages arising from the use of a pool on common property and in exclusive use areas,” he notes.

Part D4 of the National Building Regulations,

“This regulation requires that an owner of any site which contains a swimming pool must ensure that access to such swimming pool is controlled. The regulations also provide that any owner who fails to comply with this requirement shall be guilty of an offence,” Kinnear warns.

“A homeowner can also be sued for negligence should someone drown in their swimming pool, depending on whether negligence was present. 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 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 also provide that any owner who fails to comply with this requirement shall be guilty of an offence. Additionally, a homeowner can also be sued for negligence should someone drown in their swimming pool, depending on whether negligence was present. 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.

It is important that any pool owner ensures that the safety measures in place are adhered to i.e. that the gate latch works and that the pool cover is secured, etc. Negligence can still exist where reasonable efforts are not taken to ensure that the safety measures are effective.

Complex rules

“In addition to the above, complexes should create their own safety rules, which should be clearly displayed and provided to each owner and resident.

“This should include that parents should ensure their children have adult supervision while swimming,” Kinnear concludes.

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