SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

ARRANGE~ OF BYLAWS

Bylaw Page
1. Citation .............................BZ 2
2. Application ..........................BZ 2
3. Interpretation .......................BZ 2
4. Prohibition of unlicensed swimming pools, etc . BZ 3
5. Application for licence ..............BZ 3
6. Conditions for issue and renewal of licence BZ 4
7. Restriction on alterations after grant of a licence BZ 5
8. Maximum number of persons who may use swimming pool BZ 5
9. Safety precautions relating to electrical equipment BZ 6
10. Changing of water ...................BZ 6
11. Quality of water ....................BZ 6
12. Annual emptying of swimming pools ...BZ 6
13. Life saving and first aid attendants BZ 7
14. General repair and cleanliness of swimming pool, equipment and premises BZ 7
15. Prevention of spitting ..............BZ 7
16. Sterilization of bathing costumes and towels BZ8
17. Exclusion of persons suffering from certain diseases BZ8
18. Fees ................................BZ8
19. Offences and penalties ..............BZ 8
20. Name in which proceedings for offences may be brought BZ 9





SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 42)
[30 May 1969]

L.N. 71 of 1969 - L.N. 157 of 1976, L.N. 89 of 1979, L.N. 136 of 1982, L.N. 215 of 1983, L.N. 67 of
1985, 10 of 1986, R. Ed. 1986, L.N. 38 of 1987, L.N. 319 of 1987, L.N. 427 of 1987, L.N. 68 of
1988, L.N. 104 of 1989

1. Citation

These bylaws may be cited as the Swimming Pools (Regional Council)
Bylaws.
(10 of 1986 s. 32(2)

2. Application

(1) These bylaws apply to the Regional Council area only.
(2) These bylaws apply to any swimming pool-
(a)to which the public have access (whether on payment of a fee or
not); or
(b)which is managed by any club, institution, association or other
organization,
but do not apply to any swimming pool owned by the Council or owned or
managed by or on behalf of the Crown.
(3) Notwithstanding paragraph (2)(b), these bylaws shall not apply to a
swimming pool serving not more than 20 residential units and to which the
public have no access. (L.N. 427 of 1987)
(10 of 1986 s. 32(2)

3. Interpretation

In these bylaws, unless the context otherwise requires-
'communicable disease' includes amoebiasis, cerebrospinal meningitis, cholera,
diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of
the throat, infectious hepatitis, leprosy, any form of tinea infection,
tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox,
any venereal disease or any generalized skin infection, trachoma, acute
conjunctivitis and any other disease which the Council may, from time
to time, declare to be a communicable disease for the purposes of these
bylaws;
'Council' means the Regional Council;





'residential uniC means a separate household unit in a building constructed,
used or intended to be used wholly for the purpose of human habitation;
(L.N. 427 of 1987)
'swimming pool' means any artificially constructed pool used for swimming or
bathing.
(10 of 1986 s. 32(2)

4. Prohibition of unlicensed swimming pools, etc.

(1) Save under and in accordance with a licence granted by the Council,
no person shall establish or maintain a swimming pool. (]Oof]986s.32(2))
(2) No person shall take any part in the management of a swimming pool
the establishment or maintenance of which has not been licensed.

5. Application for licence
(1) Every application for any such licence shall be made in writing,
addressed to the Council, and shall be accompanied by 3 copies of a plan,
drawn to scale, of the swimming pool and the whole of the precincts thereof,
and such plan shall include the following particulars-
(a) the size and design of the swimming pool;
(b) the depth of water in all parts of the swimming pool;
(c) the position and size of all scum gutters;
(d) all drainage and intake vents;
(e) the position of any filtration or purification plant;
the position of any permanent steps or ladders leading into the
swimming pool and any hand rails or like fittings of a permanent
nature provided for the use of bathers;
(g)the position, height and type of any diving boards, chutes, rings
or like fittings of a permanent nature provided for the use of
bathers;
(h)the layout of any paths or open spaces surrounding or adjacent
to the swimming pool, together with the means of entry to and
exit from the immediate precincts of the swimming pool;
(i)the layout of any dressing rooms, wash rooms, showers, foot
baths, latrines, canteens, stalls or other structures ancillary to the
swimming pool; and
(j) every part of the drainage system.
(2) Every plan submitted for approval pursuant to the provisions of
paragraph (1) shall be accompanied by a statement in writing declaring-
(a)the source of the water with which the swimming pool will be
filled;
(b)the type and capacity of any filtration or purification plant which
is provided; and





(c)the material used for surfacing the internal surfaces of the
swimming pool and any sidewalk or standing space immediately
adjoining the rim of the swimming pool.
(3) Every plan, or any modification thereof, which is approved by the
Council shall be endorsed to that effect by the Council, and 1 copy shall be
returned to the applicant and the remaining 2 copies shall be retained by the
Council.
(10 of 1986 s. 32(2)

6. Conditions for issue and renewal of licence

No licence shall be granted or renewed unless the Council is satisfied in
relation to the swimming pool in respect of which the application for a licence
was made, and in relation to the premises pertaining to such swimming pool,
that-
(a)the plan referred to in bylaw 5 has been approved by the Council
and the swimming pool conforms thereto;
(b)the source of the water with which the swimming pool will be
filled is suitable;
(c)the underwater surfaces of the swimming pool are made of
impervious material and sufficiently smoothed to prevent undue
accumulation of dirt;
(d)every junction between a horizontal surface and a vertical surface
inside the swimming pool is coved;
(e)the swimming pool is fitted with scum gutters of suitable size and
adequate drainage;
sidewalks, not less than 1.2 m in width and paved or covered
with suitable non-slip material, are provided on all sides of the
swimming pool, and such sidewalks are laid with falls away from
the edge of the swimming pool and drained to channels laid to
falls; (L.N. 89 of 1979)
(g)all parts of the floor of any dressing room and any room
containing any shower, bath, foot bath or latrine are readily
accessible for cleaning and are surfaced with impervious material
and coved at their junction with any wall;
(h)not less than one watercloset is provided for every 25 persons
who may be accommodated in the swimming pool and not less
than one urinal, fitted with a splash plate, is provided for every
50 such persons or, if the Council is satisfied that sufficient water
for flushing purposes is not available or cannot reasonably be
obtained, equivalent latrine accommodation, such as aqua-privies
and chemical closets, approved by the Council;





(i)the swimming pool is provided with filtration or purification
plant, or other means of purifying the water therein, capable of
maintaining the purity of such water at all times to a standard
not less than B. coli absent in 100 cubic centimetres of water;
the filtration or purification plant, or other means provided for
purifying the water in the swimming pool, is capable of changing
the water therein, either by circulation through a filtration system
or by renewing the water from source, not less than once in every
4 hours in the case of a covered swimming pool or once in every
6 hours in the case of an open air swimming pool; and
(k) where underwater electric lighting is provided-
(i)all underwater lights are supplied at a voltage not ex-
ceeding 25;
(ii)such low voltage supply is given by a double wound
transformer in an earthed metal casing, with the centre point
of the low voltage winding earthed and the transformer
located at a safe distance from the swimming pool and
completely inaccessible to bathers; and
(iii) all wiring from the transformer to the underwater lights is
carried out in screwed galvanized conduit or mineral
insulated copper covered cable.
(10 of 1986 s. 32(2)

7. Restriction on alterations after grant of a licence

After the grant or renewal of any such licence, no licensee shall, save with
the permission in writing of the Council, cause or permit to be made in respect
of the swimming pool to which the licence relates-
(a)any alteration or addition which would result in a material
deviation from the plan approved under bylaw 5; or
(b)any material alteration in respect of any matter referred to in
bylaw 6.
(10 of 1986 s. 32 (2)

8. Maximum number of persons
who may use swimming pool

The number of persons who may be accommodated in any swimming pool
shall be based on the maximum capacity thereof and determined at the rate of
one person for every 3 M2 of the water surface of the swimming pool.
(L.N. 89 of 1979)





9. Safety precautions relating to electrical equipment

No person shall place, or permit to be placed, any electrical equipment,
fitting or wiring in such a position that it is likely to---
(a) come into contact with the water in any swimming pool; or
(b)be accessible to any person bathing in any swimming pool or
standing on any part of the sidewalk surrounding any swimming
pool or on any diving board, chute or other like structure used by
bathers.

10. Changing of water

Every licensee of a swimming pool shall, at all times during which the
swimming pool is in use by bathers, cause the water therein to be completely
changed by circulation through a filtration system or by renewal from source---
(a)in the case of a covered swimming pool, not less than once in
every 4 hours; and
(b)in the case of an open air swimming pool, not less than once in
every 6 hours.

11. Quality of water

Every licensee of a swimming pool shall cause the water therein to be
maintained at all times to-
(a)a standard of purity, not less than B. coli absent in 100 cubic
centimetres of water; and
(b)a standard of clarity, such that a black and white object, not less
in size than 100 mm square or, if such object is round, 100 nun in
diameter, placed on the bottom of the swimming pool at the
deepest point is clearly visible from the surface of the water; and
(L.N. 89 of 1979)
(c)a standard of hydrogen-ion concentration, not greater than
pH 7.0.

12. Annual emptying of swimming pools

Every licensee of a swimming pool shall cause the pool to be emptied of
water and thoroughly cleaned not less than once in every year and at such other
times as the Council may require by notice in writing served upon the licensee.
(10 of 1986 s. 32(2)





13. Life saving and first aid attendants

(1) Subject to paragraph (2), every licensee of a swimming pool shall
cause to be in attendance at the pool, at all times during which the pool is open
to bathers, not less than 2 life saving attendants.
(2) The Council may upon application modify or waive all or any of the
requirements of this bylaw in any particular case.
(3) In paragraph (1), a 'life saving attendant' means a person possessing
a valid certificate of competency in life saving and first aid issued by an
association approved by the Council and certifying a standard of competency
not less than that of a holder of the bronze medallion of the Royal Life Saving
Society.
(10 of 1986 s. 32 (2)

14. General repair and cleanliness of swimming
pool, equipment and premises

(1) Every licensee of a swimming pool shall cause the swimming pool, all
machinery, equipment and fittings ancillary thereto, all sidewalks or open
spaces surrounding the same and all dressing, shower, bathing, washing or
latrine accommodation provided thereat to be, at all times, maintained in
proper repair, in a clean condition and free from noxious matter.
(2) If, in the opinion of the Council, any swimming pool has become, or is
likely to become, injurious to health by reason of any structural defect or want
of repair or by reason of defective filtration or purification plant, the Council
may cause a notice in writing to be served upon the licensee thereof requiring
him-
(a)to carry out, within such time as may be specified in the notice,
such work as may be necessary to remove the risk of injury to
health; and
(b)if it appears to the Council to be necessary, to close such
swimming pool until such work has been carried out to its
satisfaction.
(10 of 1986 s. 32(2)

15. Prevention of spitting

(1) No person shall spit in any swimming pool or on any part of the
premises pertaining thereto, except into a latrine or into a spittoon or other
receptacle provided for the purpose.
(2) Where spittoons or receptacles are provided, the licensee of the
swimming pool shall cause each such spittoon or receptacle to contain a
disinfectant fluid and to be cleansed, and the fluid renewed, not less than once
in every 24 hours.





(3) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause one or more notices, prohibiting spitting and
written in English and Chinese, to be continuously displayed in a conspicuous
place near the swimming pool and in or near any changing room. (10 of 1986
s.32(2))

16. Sterilization of bathing costumes and towels

Every licensee of a swimming pool at which bathing costumes or towels are
supplied to bathers shall cause each such costume or towel to be sterilized, by
immersion for not less than 30 seconds in boiling water, after each occasion
upon which it is used by any bather.

17. Exclusion of persons sullering from certain diseases

(1) No person shall enter any swimming pool while knowingly suffering
from any cutaneous or communicable disease.
(2) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause the provisions of paragraph (1) to be
continuously displayed in the form of a notice, written in English and Chinese,
in a conspicuous place near the swimming pool. (]Oof]986s.32(2))

18. Fees

(1) Every licence issued under these bylaws shall be renewable annually
on 1 April.
(2) The grant or renewal of any such licence shall be subject to the
payment in advance to the Council of a fee of $6,320; or where the licence
is issued after 30 September in any year, a fee of $3,160. (L.N. 157 of 1976;
L.N. 136 of 1982)
(3) Where the Council is satisfied that any such licence has been lost or
destroyed, the Council may upon payment of a fee of $105 issue a duplicate
thereof.
(L.N. 215 of 1983; 10 of 1986 s. 32(2); L.N. 38 of 1987; L.N. 68 of 1988;
L.N. 104 of 1989)

19. Ollences and penalties

(1) Any person who-
(a) contravenes any of the provisions of bylaw 4, 9, 15(1) or 17(1); or
(b)fails to comply with any of the requirements of a notice served
upon him under the provisions of bylaw 14(2),
shall be guilty of an offence.





(2) In the event of any contravention of any of the provisions of bylaw 7,
10, 11, 12, 13, 14(1), 15(2) or (3), 16 or 17(2), the licensee of the swimming pool
shall be guilty of an offence.
(3) In the event of any swimming pool being used at any time by more
than the maximum number of persons prescribed by regulation 8, the licensee
of the swimming pool shall be guilty of an offence.
(4) Any person who is guilty of an offence under these bylaws shall be
liable on conviction to a fine of 51,500 and, where the offence is a continuing
offence, shall be liable in addition to a fine of $25 for each day during which it is
proved to the satisfaction of the court that the offence has continued.
(10 of 1986 s. 32(2); L.N. 319 of 1987)

20. Name in which proceedings for
offences may he brought

Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.
(10 of 1986 s. 32(2)

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