CONDOBYTE - Swimming Pool Safety

It is almost outdoor swimming pool season and we know that many of our clients are preparing to open their outdoor pools for the summer. While a pool is a great amenity, with it comes a lot of responsibility to ensure that it is operated in a safe manner and in accordance with the law. Below are some issues that we think are relevant for discussion prior to opening a pool for the season:

1.  Regulation 565 Public Pools

Management should be familiar with the Ontario statute governing the operation of swimming pools, which is called Regulation 565 Public Pools of theHealth Protection and Promotion Act R.R.O. 1990.  This regulation lays out the supervision and signage requirements for different types of pools. If you contract with a lifeguard service, ensure that the company is familiar with and understands that it is required to comply with Regulation 565.

2.  Notices, children and signage

Prior to opening the outdoor swimming pool, it makes sense to send out a letter to residents that reminds them, for safety reasons, that they are responsible to ensure that keys or fobs used to enter the swimming pool area are not given to, or accessible by children who are under the age specified for unaccompanied use of the pool (this may be the age specified in your rules, or specified by Regulation 565). In addition, from a safety perspective to assist in the case of an emergency, if your condominium community has a significant population of residents that does not speak or read English, and if your pool is unsupervised by a professional lifeguard, you can consider distributing a copy of the rules for the pool in a professionally translated notice, or posting professionally translated signage around the pool area.

3. Liability for injuries

A pool provides many opportunities for danger to exist and injuries to occur. Liability for a condominium corporation can arise under many categories because the condominium corporation:

• is the “occupier” of the common elements under the Condominium Act, 1998;
  
  
• is the “owner” and by default, the “operator” of the pool under Regulation 565; and,
  
  
• has obligations to maintain and repair the common elements (the pool and other facilities).

4. Guides for operation of pools

Some Boards of Health publish guides for operators of swimming pools that explain Regulation 565 and the obligations for operation of a pool, and you may wish to contact your municipality's board of health for such a guide.