AUTOMATIC (POWERED)POOL SAFETY COVERS AS AN ALTERNATE TO FENCING ONE SIZE DOESN T FIT ALL

AUTOMATIC (POWERED)POOL SAFETY COVERS AS AN ALTERNATE TO FENCING ONE SIZE DOESN T FIT ALL

What is the purpose of a pool fencing bylaw?

To reduce residential drowning

TYPES OF FENCING Perimeter Fencing- The border or outer boundary of the property. Three sided Fencing- Fencing that uses the residence as the fourth part of the fence. Isolation Fencing-Fencing that completely isolates the pool from the residential yard and residence.

Property perimeter fences Perimeter fencing has been reported to address less than 3% of child drowning cases since over 97% of drowning examined in one study were already on the property as either residents or guest. A NSW (New South Wales) Department of Health Survey conducted in 1991 suggested that as many as one in four toddlers are exposed to a non-isolated pool at least once a year. It found that 75% of pool owners without isolation fencing had toddler visitors at least a few times a year.

Three Sided Fencing Effectiveness Backyard Pool Barrier Fencing Fencing around a backyard pool can keep young children from gaining access to a backyard swimming pool. Four sided fencing, where the fence is built around the entire perimeter of the pool, separating it from the house, is considered to be the best type of barrier to a backyard pool (Committee on Injury, Violence, and Poison Prevention, Weiss, 2010). In B.C., the establishment of a bylaw about barrier fencing around a backyard pool and the level of enforcement used to ensure a homeowner complies is the responsibility of municipal governments. Many B.C. communities have already established a barrier fencing bylaw, and others have not. Existing bylaws, in the communities that have one, require a backyard pool to be surrounded by 3-sided fencing (where the house is used as a 4th side perimeter), with a self closing and self latching gate. The main concern with this type of fencing is that potential for a child to access the pool directly from the house (Zuckerman, et.al, 2000). In all of the backyard pool drowning deaths, the fencing surrounding the pool was 3 sided; with the house used as a 4th side perimeter. In some of these cases, access to the pool was gained through an entrance point such as a gate or a sliding glass door from the house. Where access was gained through a gate, the gate was: open, broken or not self latching, and within reach.

The review of the 17 cases involving artificial bodies of water found: 65% of the children drowned in an artificial body of water owned by the child's family. In 60% of the cases where children were not known to be near water, the children drowned in an outdoor artificial body of water that was surrounded by a fence 67%of these children gained access through a gate or door that was left open.

AUTOMATIC (POWERED)SAFETY COVERS, A VIABLE ALTERNATIVE TO FENCING All references to Covers means Automatic (powered) Covers that comply with the ASTM F 1346-91Safety Standard

What was actually asked for: I request that the bylaw be amended to accept automatic (powered) pool safety covers that meet ASTM F1346-91 standards as an alternative to fencing. (letter dated March 2, 2009)

Building Bylaw No. 1160, 2008 Consolidated to March 17, 2008 LANGFORD 6.0 POOLS 6.0.2 (1) For the purposes of this section 6.0 a pool includes a private swimming pool, hot tub or spa, located outdoors, and with a depth at any point of.6 metres (24 inches) or more, but does not include fish or ornamental ponds, irrigation ponds, natural ponds or those constructed along a natural watercourse, sealed tanks or pools fitted with a lockable cover capable of supporting the weight of a 68kg. (150lb) person, when closed. (2) Every pool shall be enclosed within a fence constructed of close boarded lumber, chain link wire, solid masonry, or plywood of 9mm (3/8") or greater in thickness constructed without foot holds or grips on the outside that children may use to climb into the enclosed area, and having no openings greater than 5cm (2 inches). Spacing of up to 100mm (4 inches) may be permitted where vertical guards are used. All gates to a pool shall be operated by self-latching spring hinge mounted on the inside top portion of the gate.

City of Colwood Building Bylaw 6.1. Every application for a Building Permit for a pool shall be accompanied by a plan showing the location of the proposed pool and all water supply piping, waste piping and related fittings. 6.2. For the purposes of Part 6, a pool includes a private swimming pool, hot tub or spa, located outdoors, and with a depth at any point of.6 metres (24 inches) or more, but does not include fish or ornamental ponds, irrigation ponds, natural ponds or those constructed along a natural watercourse, sealed tanks or pools fitted with a lockable cover capable of supporting the weight of a 68kg. (150lb) person, when closed. 6.2.1. Every pool shall be enclosed within a fence constructed of close

SIDNEY, B.C. BYLAW SUBSECTION 4.5 SWIMMING POOLS: 4.5.1 Every application for a building permit for a swimming pool shall be accompanied by a plan showing the location of the proposed pool and all water supply piping, waste supply piping and all related fittings. 4.5.2 Swimming pool wastewater shall discharge into a sanitary sewer system. 4.5.3 No direct connection shall be made between any storm drain, sewer or any other drainage system and any line connected to a swimming pool. 4.5.4 The enclosure, protection and sanitation of private swimming pools for dwellings and apartments shall be the responsibility of the owner of the property.

If the standard for pool safety covers ASTM F1346 is used there is little or no staff time consumed in determining if the selected model met any or all of the minimum standards set. Determining if it is a powered (automatic) pool safety cover is straight forward as it would be on a keylock system. The manufacturers stitch a label to the cover and it is posted in the brochure literature if the cover meets the standard ASTM F1346. This is not different than a UL or CSA sticker on a piece of equipment. The home owner building the pool would be required to provide this information.

Who is ASTM?

» Power Safety Covers Power safety covers can be installed on pools to serve as security barriers, especially when the house serves as the fourth wall or side of a barrier. Power safety covers should conform to the specifications in the ASTM F 1346-91 standard, which specifies safety performance requirements for pool covers to protect young children from drowning.

Once again Municipal staff are skewing the information. Firstly, other jurisdictions have accepted pool safety covers as an alternative to fencing. Chilliwack being one. Secondly, the email response from Ms. Ackerman does not recommend maintaining the current fence standard to lessen the risk. No where in the correspondence does it make that statement. What she says and I quote From a risk management point of view we feel that covers, even if they meet the standard, are ineffective if they are not used. A fence is there, all the time, and with a self-closing gate, the risk is much lower which lessens your exposure. I spoke with Ms. Ackerman and queried her on the term fencing and she clearly indicated that she was referring to isolation fencing. Not our current bylaw allowing perimeter or three sided fencing. Ms. Ackerman also states there isn t any exclusion in your policy that would affect your coverage were you to decide to allow pool covers as a replacement for fencing. I have also clearly provided information from studies, one from the BC Coroner, showing that three sided and perimeter fencing is ineffective. Also, the fence is only effective if it is maintained and the self latching is working. In a previous slide I provided information from the BC Coroners office indicating that self latching gates are ineffective as many home owners prop the gates open or do not repair the self-latching gates.

The Municipality does not have to resources to enforce self latching gates. Another report found the following: Gate latches The most common problem with immersion incidents was related to having a faulty self-locking, self-closing mechanism, thereby making the fence an ineffective safety barrier. A Brisbane study showed that access was gained through a gate or fence that was faulty, or had been propped open or the child had gained access with the assistance of a parent. Section 12 of the Swimming Pools Act imposes a requirement to keep a pool gate closed. A significant secondary problem is maintaining gate function according to the Australian Standard once the fence has been installed.

I would also like to add that there are differing views even with Municipal Staff. One building inspector who works for the Municipality helped draft Langford s bylaw. This gentleman agrees with my position that the perimeter fencing and three sided fencing is ineffective in reducing residential drowning. He also agrees that the pool safety cover should be allowed as an alternative.

August 17, 2009

Summary This issue revolves solely around the need to protect children resident in the home or visiting the home. Studies clearly show that perimeter and three-sided fencing is ineffective in reducing residential drownings. Less than three percent of drownings are trespass drownings. Three sided fencing is also ineffective, that is why the CPSC and ASTM insist on pool alarms or pool covers as the effective safety barrier. The BC Coroners report supports the view that three sided fencing is ineffective. Studies clearly show that isolation fencing, with self latching gates, are not as effective as once thought due to self latching gates being defective or being left open. It would also require vigorous bylaw enforcement. The CPSC and ASTM recommend only three types of barriers isolation fencing, alarms or powered safety covers meeting the ASTM standards. Canada is a member of ASTM, we use the standard extensively. Health Canada has praised CPSC for setting standards for public safety. Other Municipalities are accepting pool covers as an alternate to fencing. I have clearly shown that the CPSC and ASTM position is that powered safety covers can be used as an alternative to fencing. The issue of the cover being left open, and the risk associated, is no different that the self latching gate being left open or not repaired, numerous studies have confirmed this.

Keep Current Bylaw You will be forcing residents to spend money on fencing (perimeter or three sided) that does virtually nothing to reduce residential drowning. I am being asked to add 30 feet of perimeter fencing to my property to get signed off on the pool. This will do absolutely nothing to improve my pool safety for my children or children visiting my home. No other safety barrier options are being given residents other than an isolation fence with a self latching gate. The other options the Municipality allows (perimeter or three-sided fencing) are not safety barriers Again, the issue of leaving the cover open is no different than propping the gate open. The Municipality continues to do very little to address residential drowning instead of taking the opportunity to improve safety.

Change the Bylaw You are being flexible, innovative and progressive in your efforts to improve results while being tolerant of appropriate risks. FLEXIBLE One size does not fit all allow residence to select from a number of safety options that best suit their circumstance. INNOVATIVE You are allowing automatic pool safety covers as an alternative to perimeter, three sided or isolation fencing. This is clearly being done by other Municipalities. PROGRESSIVE You are decreasing the risk of residential drownings by allowing homeowners other viable and approved options. This will contribute to better compliance of the Bylaw. TOLERANT OF RISK The risk of the pool cover being left open is no greater than the gate on fencing being left open studies confirm this.if a covenant, such as Chilliwack s is what is required; then approve it with that requirement.

A power safety cover is a motor powered barrier that can be placed over the water area. Motor-driven covers easily open and close over the pool. When the power safety cover is properly in place over the pool, it provides a high level of safety for children under 5 years old by inhibiting their access to the water. U.S. Consumer Product Safety Commission How to Plan for the Unexpected

I urge council to update the bylaw and accept ASTM F1346 approved automatic (powered) pool safety covers as an alternative. This request clearly meets the STRATEGIC PLAN IMPLICATIONS: Values and Operating Philosophy. I personally would be more than happy to sign a covenant such as Chilliwack s if that is what is required.

THANKYOU.