If the government has clarified the application of its residential pool safety rules, some citizens are upset to a refusal of their municipality, which is more severe when approving their facilities.
The residential swimming pool safety regulations, which entered into force in 2021, put an end to acquired rights. All owners will have to comply with September 30.
Last May, the Quebec government produced a guide specifying the interpretation of certain clauses to the satisfaction of the Citizens Pool Committee (CCP), which had formed to clarify the situation.
The main dispute carried on the rear wall of the house when it also serves as a surrounding wall. The presence of a patio door or windows forced citizens to put a fence inside the closing already present.
But it is now possible to put automatic or interbow closing systems.
Strict
André Jérome, from Saint-Sauveur, has already changed the fence surrounding his property. According to the rules of the Ministry of Municipal Affairs and Housing (MAMH), it only remains for him to do the same with the two doors at the back of his house.
The house of André Jérôme. The municipality of Saint-Sauveur refuses to install an automated doors’ closure and locking system. It will therefore have to put a fence over a meter from its two doors, a fence whose door must be at automatic closing and locking.
Photo provided by André Jérôme
“It is impossible to put a fence around the swimming pool, should demolish half of the development. I suggested additional doors in front of the patio door. It was refused because it would have been more than a meter from the patio door. It would then make an enclosure. When I read the new guide, I wanted to install an automatic door closure system, but it was also refused, ”deplores Mr. Jérome.
“How would it improve safety?” You can’t answer me, but I am told that that’s how we interpret the rule, ”he adds.
Mr. Jérome thinks that the city probably did not want to change its interpretation since other citizens have invested large sums to comply in recent years. He is now thinking of the possibility of using a lawyer with fellow citizens.
Not the only one
“We have actually received several comments from citizens. However, our position is to recall that drowning is a scourge well present in Quebec and that it was urgent to review the regulations. In Saint-Sauveur, we are of the opinion that the security of the swimming pool must take precedence over everything else (development, cost, technical stake, aesthetics, etc.), “said General Manager Jean-Philippe Gadbois.
Other cities go in the same direction. Vaudreuil-sur-le-Lac, whose “regulation includes higher requirements”, will continue to apply it. His legal advisor was mandated “with regard to the gray areas of the Government Guide”.
The installation of an automatic closing system of its patio door was refused by the municipality of Saint-Lambert, affirms a citizen, Françoise Meyere.
“If we secure a door of the house for access to the swimming pool, we lose an emergency exit. To remain in line with the building code, we should have at least two free emergency outings, ”explains Mme Meyere.
The newspaper could not obtain the version of Saint-Lambert when publishing.
Rosemère says it applies government standards, with the exception of removable fences, rather demanding permanent speakers.
The newspaper could see the message of Terrebonne’s refusal to a citizen who wanted to install the closing system on a mosquito net.
“In government formation, the doors [moustiquaires] Gazebos were accepted. The MAMH does not define what a door is, only the automatic closure and locking, ”challenges Luc Vézina, city councilor in Sainte-Thérèse and member of the Citizens Pool Committee.
Rappel
In June, the Quebec government sent a document to all municipalities asking them to stick to its interpretation, even if they have the last word on the application of the regulations.
“To ensure the overall consistency of the application of the regulations, it is expected that municipal officers and officers refer to the orientations which appear in the application guide and in the various documents disseminated by the ministry,” it reads.
Time to adapt
But some municipalities are changing their way of doing things. Now that the application guide has been brought to its attention, Boisbriand will comply with it.
Repentigny says that she has changed her regulation in order to stop with the MAMH and she adjusted her practices to the guide.
The meadow too, after having delayed validating installations due to the absence of standards for the patio door closure mechanism.
“Clarification on the part of the provincial government would be desirable. However, the city of La Prairie does not suspend the processing of files while waiting for this clarification, ”tempers Julie Doré, communications from the municipality.
She adds that the meadow will adopt the latest government guide, but that she needs a delay to adjust her practice.
Photo provided by Louis Mercier
The Ministry of Municipal Affairs and Housing (MAMH) confirms that it has received requests on the standards of mechanisms on the part of municipalities and citizens.
“The ministry does not promote one system or another. Several manufacturers can offer solutions. A system that meets the requirements (on page 13 of the guide) would be compliant, ”explains Sébastien Gariépy du Mamh.
“The government has also not specified standards for closing doors which must also close and lock themselves automatically”, while municipalities have been approving them for a long time, “says Luc Vézina.
“A municipality even gave as justification that it continues to apply the regulations as in 2021 so that it is not unfair to those who have not benefited from clarifications,” he said.
Political pressure
To a citizen who would not manage to have an installation approved that respects the regulation of MAMH, Luc Vézina has a recommendation.
“Contact your city council or go to a meeting and ask why it wants to be more severe than the government.”