Swimming Pools (Control) Regulations, 1998

L.N. 146 of 1998

swrMMrNG POOLS (CONTROL) ACT

(cAP.244)

WATER SERVICES CORPORATION ACT, 1991

(ACT NO. XX[r OF 1991)

Swimming Pools (Control) Regulations, 1998

IN exercise of the powers conferred by section 4 of the Swimming

(Control)

Act, and by section 45 of the Water Services Corporation

Pools

Act, 1991, the Minister of Public Works and Construction and the Water

Services Corporation have made the following regulations:-

These regulations may be cited as the Swimming Pools

(Control) Regulations, 1998.

(Regulation 7)

Fees to be paid by the applicant to the Water Services Corporation for

the issue or nenewal of a permit to construct or for a licence to operate or

use a swimming pool

For a swimming pool used solely and exclusively by the

family

Lml per m3 capacity

applicant and his

For a swimming pool used solely and exclusively by a

society

philanthropic

no fee

pool

For any other swimming

........ Lml.50 per m3 capacity.

(l) In these regulations, unless the context otherwise

requires

"the Act" means the Swimming Pools (Control) Act;

"Corporation" means the Water Services Corporation as set

up under the Water Services Coqporation Act, 1991;

"licence" means the licence to operate and use a swimming

pool;

"permit" means a permit to construct a swimming pool.

(2) Words and phrases used in these regulations shall have

the same meaning as is assigned to them in the Act.

(1) A swimming pool may not be constructed unless a written

permit for its construction has been issued by the Minister.

(2) The application for such a permit shall be made in a

specific form obtainable from the Corporation free of charge and shall

contain all relevant details, including the exact locality and the volume

of the swimming pool, the system of construction, the source of supply,

the method of filling and draining the pool and the type of circulation

and filtration pump to be installed, if any such pump is going to be

installed.

(3) An application shall not be entertained unless the

Superintendent of Public Health approves the type of circulation,

disinfection and filtration equipment to be installed or declares that no

such equipment is necessary in connection with a particular swimming

pool.

(4) The application duly completed shall be accompanied

by the relative plans, which shall be to scale, and by all relevant data,

and shall be signed by a certified Architect and Civil Engineer.

(5) Subject to the provisions ofparagraph (2) ofregulation

5 of these regulations, a permit granted under paragraph (1) of this

regulation shall be deemed to include the licence to operate and use the

swimming pool after the completion of its construction.

(6) Such permit shall expire on the last day of the calendar

year next following that during which it was issued.

An application for the grant by the Minister of a licence to Ready-made

operate and use or to allow or permit the use of a swimming pool alreadt swimmin8 Pools'

manufactured or ready made shall be made to the Corporation on a

form obtainable from the Corporation free of charge

Provided that a licence shall not be necessary ifthe capacity

of such swimming pool is not more than three cubic metres (3m3) and

the provisions of regulation 6 are observed.

(l) A swimming pool may not be filled or partially fllled Fillingorpoolswith

*""'

with water unless a licence for such filling or partial filling has been

issued by the Corporation.

(2) The Corporation shall grant such licence if the swimming

pool, equipment and related pipe-work, cisterns (if any) and sumps

serving such pool are completely water-tight, and conform with these

regulations.

(1)

A swimming pool lying more than one hundred meters Useorseawater.

away from the sea may not contain, be filled, be replenished or be topped

up with any water other than fresh water collected as surface run-off or

obtained from the public supply

Provided that the Corporation may grant exemption from the

provisions of this regulation or from any part thereof to any person who

has a permit to use a swimming pool with sea water and such exemption

shall be valid for a period of four years from the coming into force of

these resulations.

(2) A swimming pool lying within a distance of one hundred

meters from the sea may be filled up or replenished by means of sea

water if the requirements of regulation 9 are observed.

for

. ( I ) Prior to the issue or renewal of a permit or licence under

i;,::;:J."**"'"t these regularions, the applicant shall pay to the Corporation the fee shown

in the Schedule to these resulations

Provided that, where, prior to the coming into force of these

regulations, a licence was issued for a swimming pool to be filled with

sea water, the fee shown in the said Schedule shall be due only after the

expiration of four years from the date of the coming into force of these

regulations.

(2) Every licence issued under these regulations shall expire

on the last day of the month of December of the year to which such

licence refers.

(3)

It shall be the'duty of the person operating the

swimming pool to apply for the renewal of the licence from year to

year and to effect the relative payment in time.

pools. 8. Where a swimming pool has been constructed without a permit

and/or is being used or operated without a licence, such permit and/or

licence shall be deemed to have been in force as from the date which

the Corporation indicates on such permit or licence if the relative

payment is effected within thirty days of its being requested by the

Corporation and is accompanied by a further payment equivalent to

one third ( l/3) of the relative payment.

sea

Meta swimming pool tkun giet kostruwita minghajr perrness Pools minghajr lii

u/jew tkun qieghda tintu2a jew tigi operata minghajr licenzja, dak il- enzJa.

perrness u/jew dik il-licenzja jitqiesu li kienu jsehhu mid-data li l-

Korporazzjoni tindika fuq dak il-pemress jew licenzja jekk il-pagalnent

relattiv isir fi 2mien tletin jum minn meta dan jintalab mill-Korporazzjoni

u jkun imsieheb b'pagament iehor li jkun daqs terz (l/3) tal-pagament

relattiv.

Sea water, or any substance derived therefrom, shall not be

pools

emptied from any swimming pool or discharged therefrom except via

impermeable pipes leading directly to the sea.

Officials and agents of the Corporation shall have the right

to inspect or to cause inspection to be made, without prior notice, of

any swimming pool for the purpose of verifying whether the provisions

of the Act, of the Water Services Corporation Act, 1991, and of these

regulations are being complied with.

Where the Minister is satisfied that any of the provisions of

these regulations is not being complied with. he may, without prejudice

to the taking of criminal proceedings under section 5 of the Act, revoke

any permit or licence granted by him or by the Corporation under these

regulations.

The issue of a permit or a licence according to regulations 3, other

Permits etc. under

4 and 5 of these regulations shall not exempt the holder of such a permit

or licence from the obligation of obtaining any other permit or licence

which may be required under any other law.

( I ) The owner or owners of the swimming pool shall make tests.

Inspections

good any expenses incurred by the Corporation to carry out all the

necessary inspections and tests by any person authorised by it to do so

in order to establish

(a) the quality of the water in the swimming pool;

(b) that the swimming pool, equipment and pipe-work for

sarne, cisterns (if any) and sumps serving such pool are completely

water-tight and conform to these regulations;

(c) any other fact which may need to be established so as

to ascertain that the pool is constructed and being operated

according to these regulations.

(2) Such inspections and tests are to be carried out

whenever deemed necessary by the Corporation.

( I ) The Swimming Pools (Control) Regulations, I97 4, arc Repeals L.N.74 or

hereby repealed.

(2) The repeal of the regulations aforesaid shall be without

prejudice to anything done or omitted to be done under the said

regulations and any punishment incurred in respect of any offence

committed against any provisions thereof, and any investigation, legal

proceeding or remedy may be instituted, continued or enforced, and

any penalty, forfeiture or punishment may be imposed as if those

regulations had not been repealed.

(3) All permits and licences issued under the aforesaid

regulations shall be deemed to have been issued under these regulations.