Working with local authorities to solve issues

by Sally Bouorm | December 1, 2010 8:17 am

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By Markus Brunner

Over the past 20 years, many changes have been put in place with regards to swimming pools and backyard safety. Local authorities have worked to institute changes designed to protect the public; sometimes, they consult with the Pool and Hot Tub Council of Canada (PHTCC), while other times, they do not.

This lack of communication has lead to some controversial measures being introduced without input from the PHTCC. These changes most immediately impact—pool and hot tub homeowners and pool and spa companies. It is only with co-operation from both sides that these problems can be avoided. This article will focus on an example of this necessary co-operation, between the London, Ont., chapter of the PHTCC and the City of London.

The history: Laying the groundwork

As member of the Southwestern Ontario chapter of the PHTCC, I have been very aware of proposed changes to legislation or bylaws over the past 20 years. As a chapter, our goal has been to ensure the safety and education of the general public through our association’s actions.

I started Forest City Pool & Patio in 1986 as a small company, building pools. I joined the PHTCC (then known as the Canadian Pool and Spa Association [CANSPA]) in 1989, because I was interested in becoming a company backed by a legitimate association. Joining an industry organization gave me the chance to make a difference with my peers, and also offered several education programs, access to speakers well versed in a variety of topics and seminars offered at trade shows.

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As time went on, I realized another advantage to membership. When various issues with the City of London would arise, an individual from a pool company couldn’t do much about them on his or her own. However, an individual PHTCC local chapter representative, could. Our regular monthly council meetings let everyone know about the issues at hand and gave us the chance to brainstorm suggestions, which we would present back to the city.

Over the years, the chapter has been fortunate enough to develop working relationships with both the City of London and the London and Middlesex Health Unit. The groups have achieved this by forming committees within the chapter to address bylaw changes. The spokespeople within the bylaw committee have been more or less the same for the past 20 years, which has allowed us to create long-term relationships with the different departments within the city and health unit. Given that the chapter works under the banner of the PHTCC, it is recognized as an association, rather than a random grouping of individuals from different companies.

As a group and individually, we would stay in touch with community representatives during the regular course of our duties (e.g. when we were obtaining permits) and keep the lines of communication open. When there was a significant issue to discuss, we would meet formally, typically once every two or three years. Over the years, we’ve worked together to create or reverse bylaws based on these discussion. The city was always interested in working with us; after all, pool and spa professional are the ones who can go out and spread the word about new regulations and ensure they are enforced.

The issue: Four-sided fencing

Our last interaction between the city, health unit and chapter was regarding the four-sided fencing issue. This type of fencing is often referred to as four-sided fencing or isolation fencing. Its proponents contend the ‘passive’ nature of the protection is best way to prevent unauthorized or unsupervised access to backyard pools.

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The chapter’s position on this issue is clear: four-sided fencing is not the ultimate solution. It is only one of many layers of protection, not a cure-all solution. The key to pool and spa safety, in our opinion, is adult supervision.

As many in the industry are already aware, this issue is a growing concern in the pool and spa industry. In fact, when this topic was broached at a seminar during last year’s Canadian Pool & Spa Conference & Expo, a rather heated debate ensued. While all parties want the same ultimate goal—improved safety for pool users—many builders feel they have been unfairly excluded from discussions regarding these fence-mandating bylaws. The PHTCC has worked hard to make sure the voice of the industry is heard and that local authorities have all the facts before coming to a conclusion.

The London Middlesex Health Unit was proposing a change in the current city of London bylaws mandating that all pools in the city be fenced on all four sides, a move that the Southwestern Ontario chapter learned about only when it appeared on the front page of the London Free Press. The new bylaw had been proposed in response to research provided and conducted by a national children’s safety organization. While the council did not necessarily question this organization’s motives, we did feel the issue warranted further discussion and, particularly, input from local pool builders.

The solution: Working together

The same day the newspaper article was published, chapter representatives set up a meeting with the health unit to share the industry’s views and concerns. When the meeting had to be postponed due to inclement weather and rescheduled for the following month, we took the time to gather important information from the Toronto chapter, which had dealt with a similar issue in its jurisdiction. Using this data, we were able to put together a presentation that outlined the benefits of a multiple-layer approach to pool safety, as opposed to what the chapter considered the weaker, one-layer approach proposed by proponents of the four-sided fencing bylaw.

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In January 2009, the chapter met with the health unit, prior to its monthly meeting, providing them with alternatives to the four-sided fencing approach. Following that meeting, the chapter was invited to the health unit’s monthly council meeting, where the chapter was given time to present the it’s position on four-sided fencing specifically and pool safety in general. The health unit also had two employees who gave a presentation on four-sided fencing, which acknowledged the importance of layers of protection while still insisting fencing was the only sure solution. After both parties spoke, the health unit’s council discussed the issue and board members reached a compromise, deciding to ‘recommend,’ but not ‘mandate’ four-sided fencing.

The city had a special meeting with the health unit and chapter representatives in April 2009 regarding four-sided fencing. The city determined the bylaws already in place were safe and well enforced; no change to the bylaw was required. Since then, the chapter has had several meetings with the health unit, continuing to strengthen its relationship with local authorities. The groups have collaborated on a safety brochure and are looking forward to continued partnership on various safety projects for the 2011 swimming season.

Our latest interaction with the city has been with the Pollution Control Operations Department. We’ve had one meeting so far at their office with regards to “discharging your pool the right way,” which refers to proper requirements for maintenance and seasonal closures of chlorinated and salt water pools. We look forward to working together as a chapter in the fall and winter, along with the City of London, in regards to this latest issue.

The lesson: Be vocal, be proactive

It is important for all pool and spa professionals to maintain existing relationships with local councils and authorities and create as many new ones as possible. This is the best way to ensure we will be able to participate in any issues pertaining to our business.

 

Markus Brunner is president of Forest City Pool & Patio, a residential and commercial pool builder and service company located in London, Ont. He can be reached via e-mail at markus@forestcitypools.com[5].

 

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