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"Point in Time" Regulation Content

Public Health Act

Pool Regulation

B.C. Reg. 296/2010

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 August 8, 2012
Section 2 August 8, 2012
Section 6 August 8, 2012
Section 8 August 8, 2012
Section 10 August 8, 2012
Section 11 August 8, 2012
Section 12 January 18, 2016
Section 13 August 8, 2012
Section 17 October 8, 2011
August 8, 2012
Section 20 October 8, 2012
 Schedule 2 Section 2 August 8, 2012

 Section 1 definition of "commercial pool" BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

"commercial pool" means an artificially created body of water that

(a) has a surface area of 170 m2 or less,

(b) has a depth of at least 61 cm,

(c) is owned or operated by, or in conjunction with, an educational, recreational or business enterprise, or a strata corporation as defined in the Strata Property Act, and

(d) is to be used only by members, shareholders, tenants or patrons of the enterprise or strata corporation, or their guests;

 Section 1 definition of "pool" BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

"pool" means a commercial pool, hot tub, public pool, spray pool or wading pool, and includes any

(a) facilities,

(b) auxiliary structures,

(c) equipment,

(d) play equipment, and

(e) moving water features such as wave or whirlpool actions

that are associated with the use or operation of a swimming pool;

 Section 1 definition of "public pool", paragraph (b) BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

(b) is available for swimming, recreational bathing or physiotherapy purposes, either free of charge or for a fee, and

 Section 2 (d) was added by BC Reg 240/2012, effective August 8, 2012.

 Section 6 (5) was added by BC Reg 240/2012, effective August 8, 2012.

 Section 8 (2) (f) BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

(f) diving into the pool in water that is less than 2 m deep.

 Section 10 (3) BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

(3)  A health officer may waive, in writing, the requirement set out in subsection (2) (k) in relation to a specified swimming pool if

(a) the swimming pool is used for exercise, commonly known as a "swim in place" pool, and

(b) the health officer is satisfied that the design of the pool will not create a suction hazard.

 Section 10 (3.1) was added by BC Reg 240/2012, effective August 8, 2012.

 Section 11 (2) (f) BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

(f) the depth of water in the pool is clearly marked in both metric and imperial units of measurement,

 Section 12 BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

Animals prohibited

12   An operator must not permit an animal to enter the pool enclosure, other than a guide animal as defined in the Guide Animal Act.

 Section 13 (1) BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

(1)  An operator must

(a) prepare a written pool safety plan in accordance with subsection (2) to ensure the health and safety of pool patrons,

(b) make the plan readily available to pool employees,

(c) train each pool employee in the procedures and in the use of the equipment described in the plan, and

(d) review and update the pool safety plan at least once each year.

 Section 13 (1) (e) was added by BC Reg 240/2012, effective August 8, 2012.

 Section 17 (2) BEFORE amended by BC Reg 296/2010, effective October 8, 2011.

(2)  A public pool operator must ensure that, when the pool is open to the public, pool supervision is provided by at least one lifeguard and one assistant.

 Section 17 BEFORE reenacted by BC Reg 240/2012, effective August 8, 2012.

 Public pool supervision

17  (1)  In this section:

"assistant" means a person who is

(a) at least 16 years of age, and

(b) familiar with the pool safety plan for the pool;

"lifeguard" means a person who

(a) is at least 16 years of age,

(b) is familiar with the pool safety plan for the pool,

(c) is responsible for the conduct and safety of all pool patrons, and

(d) is performing no duty other than pool surveillance.

(2)  A public pool operator must ensure that, when the pool is open to the public, pool supervision is provided by

(a) at least one lifeguard and one assistant, and

(b) any additional lifeguards and assistants as required by the pool safety plan.

(3)  A public pool operator may operate the pool without lifeguards during any period of time that all of the following circumstances apply:

(a) the only persons permitted access to the pool are

(i)  members, tenants or patrons of an educational, recreational or business enterprise, or

(ii)  persons receiving aquatic instruction who are closely supervised by an aquatic instructor and an assistant;

(b) a clearly visible sign is posted at each entrance to the pool stating that no lifeguard is on duty and that children must be supervised by an adult;

(c) the pool is equipped with a reaching assist and a throwing ring, as described in section 18 (2) (a) and (b).

[am. B.C. Reg. 296/2010, s. (d).]

 Section 20 BEFORE self-repealed by BC Reg 296/2010 Section 20 (4), effective October 8, 2012.

Transitional — certificate of authorization and operating permit grandfathered

20   (1) In this section, "former regulation" means the Swimming Pool, Spray Pool and Wading Pool Regulations, B.C. Reg. 289/72.

(2) A certificate of authorization issued under section 4 [certificate of authorization] of the former regulation is deemed to be a construction permit issued under section 5 of this regulation, and is valid until the earlier of

(a) the completion of the construction for which the certificate was issued, and

(b) the date on which the certificate is surrendered, suspended or cancelled.

(3) An operating permit issued under section 6 [operating permit required] of the former regulation is deemed to be an operating permit issued under section 6 of this regulation, and is valid until the earlier of

(a) the expiration date as shown on the operating permit, and

(b) the date on which the permit is surrendered, suspended or cancelled.

(4) This section is repealed one year after the date sections 5 and 6 of this regulation are brought into force.

 Schedule 2, section 2 BEFORE amended by BC Reg 240/2012, effective August 8, 2012.

 Discount for multiple pools

2  Despite section 1 of this Schedule, if a person intends to operate more than one swimming pool, each of which is located either in or adjacent to a single building or on a site that has a hotel, the person must include with the applications

(a) the fee as determined under section 1 of this Schedule for the largest pool, and

(b) a fee of $75 for each of the remaining pools.