CONTROL OF SWIMMING POOLS REGULATIONS

CONTROL OF SWIMMING POOLS

SUBSIDIARY LEGISLATION 545.07

CONTROL OF SWIMMING POOLS REGULATIONS

5th June, 1998

LEGAL NOTICE 146 of 1998, as amended by Legal Notices 171 of 1998,

108 of 1999, 411 of 2007, 107 of 2009 and 72 of 2015; and Act XXV of

2015.

The title of these regulations is Control of Swimming Pools

Regulations.

Substituted by

L.N. 411 of 2007.

(Regulation 7)

Amended by

L.N. 107 of 2009;

L.N. 72 of 2015;

XXV. 2015.41.

Fees to be paid by the applicant to the Regulator for Energy and Water Services for

the issue or renewal 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 applicant and his family

(i)

with fresh water ..............................................

€4.60 per m 3 capacity

(ii) with sea water according to regulation 6(2) .....

€100.00

For a swimming pool used solely and exclusively by

a philantropic society ...................................................

nil

For any other swimming pool

(a) used with fresh water ......................................

€6.90 per m 3 capacity

So, however, that the fee shall not exceed €2,329.37;

(b) used with sea water according to regulation

6(2) .............................................................................

€600.00.

(1)

In these regulations, unless the context otherwise

requires

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

"the Regulator" means the Regulator for Energy and Water

Services established by the Regulator for Energy and Water

Services Act;

"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.

Added by

L.N. 107 of 2009;

(Regulation 3(2))

XXV. 2015.41.

Administrative fee to be paid by the applicant to the Regulator for Energy and Water

Services for the issue of a permit to construct or for a licence to operate or use a

swimming pool.

In addition to the fees established in the Schedule 1, an administrative fee of €50

shall be paid by the applicant to the Regulator for Energy and Water Services for the

issue of a permit to construct or for a licence to operate or use a swimming pool for

any of the reasons mentioned in the Schedule.

(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 Regulator in terms of Schedule 2

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 of regulation 5(2), a permit

granted under subregulation (1) 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.

CONTROL OF SWIMMING POOLS

An application for the grant by the Minister of a licence to

operate and use or to allow or permit the use of a swimming pool

already manufactured or ready-made shall be made to the Regulator

on a form obtainable from the Regulator in terms of Schedule 2

Provided that a licence shall not be necessary if the

capacity of such swimming pool is not more than three cubic

metres (3m 3 ) and the provisions of regulation 6 are observed.

(1) A swimming pool may not be filled or partially filled

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

been issued by the Regulator.

(2) The Regulator 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

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.

(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.

(1) Prior to the issue or renewal of a permit or licence

under these regulations, the applicant shall pay to the Regulator the

fee shown in Schedule 1

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.

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 Regulator indicates on such permit or licence if

the relative payment is effected within thirty days of its being

requested by the Regulator and is accompanied by a further

payment equivalent to one third (1/3) of the relative payment.

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

emptied from any swimmmg pool or discharged therefrom except

via impermeable pipes leading directly to the sea.

Officials and agents of the Regulator 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 of the Regulator for Energy and Water

CONTROL OF SWIMMING POOLS

Services Act, 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 article 5 of

the Act, revoke any permit or licence granted by him or by the

Regulator under these regulations.

The issue of a permit or a licence according to regulations

3, 4 and 5 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.

(1) The owner or owners of the swimming pool shall make

good any expenses incurred by the Regulator 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

same, 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 Regulator.

CONTROL OF SWIMMING POOLS