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5. FOUR
SIDED FENCING AROUND POOLS CLOTURER
LES PISCINES TOUT LE TOUR |
No Committee Recommendation.
Recommandation du Comité
Aucune recommandation
du Comité.
Documentation
1. Councillor Feltmate’s report dated 27 June 2008 (ACS2008-CCS-PEC-0014).
2. Extract of Draft Minutes, 8 July 2008.
Report
to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de
l'environnement
27 June 2008 / le 27 juin 2008
Submitted
by/Soumis par: Councillor/Conseillère Peggy Feltmate
Contact
Person/Personne ressource : Councillor/Conseiller Peggy Feltmate,
Kanata
South/Sud
613-580-2752,
Peggy Feltmate@ottawa.ca
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Ref N°:
ACS2008-CCS-PEC-0014 |
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SUBJECT: |
FOUR SIDED FENCING AROUND POOLS |
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OBJET : |
clôturer les piscines tout le
tour |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve the funding of $50,000 in the 2009 Budget for undertaking a review, public consultation and development of new approaches or options for improving the City's Pool Enclosure By-Law, including the requirement to install four sided fencing around pools, and an implementation plan of the by-law changes.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil
d’approuver, dans le budget de 2009, un financement de 50 000 $ pour
l’exécution d’un examen, d’une consultation publique et l’élaboration de
nouvelles méthodes ou solutions visant à améliorer le Règlement sur les
clôtures de piscine de la Ville, y compris l’exigence de clôturer les piscines
tout le tour et un plan de mise en oeuvre des modifications au règlement.
BACKGROUND
Councillor Feltmate presented the following notice of motion at the Planning and Environment Committee meeting of June 24, 2008.
WHEREAS drowning
is the second highest cause of injury-related death for Canadian children ages
1 to 4 and swimming pools are involved in nearly half of all drowning and
near-drowning incidents for children under 14 years;
AND WHEREAS
there have been 83 reported drowning incidents seen in the Children's Hospital
of Eastern Ontario Emergency Department between 1999 and 2007 resulting in the
death of 14 children, which represents an average of two deaths per year;
AND WHEREAS of
the 9 drowning and near drowning incidents seen in 2007 at the Children's
Hospital of Eastern Ontario Emergency Department, 56% of these drowning and
near-drowning incidents occurred in backyard swimming pools;
AND WHEREAS
Public Health has indicated that implementing a four-sided fencing by-law for
new pool owners is the most effective means to prevent swimming pool drowning
and near-drowning;
BE IT THEREFORE
RESOLVED that Council approve the funding of $50,000 in the 2009 Budget for
undertaking a review, public consultation and development of new approaches or
options for improving the City's Pool Enclosure By-Law, including the
requirement to install 4 sided fencing around pools, and an implementation plan
of the by-law changes.
DISCUSSION
The statistics from the Child and Youth Injury Prevention Centre at the Children’s Hospital of Eastern Ontario show that a significant number of incidents in which children drown or almost drown happens in backyard pools. Researchers estimate that proper fencing could prevent 7 out of 10 drowning incidents in home swimming pools for children under age 5 (Thompson D, Rivera F. "Pool Fencing for Preventing Drowning in Children." Cochrane Review. The Cochrane Library 3, 2004).
Ottawa Public Health (OPH) staff continues to inform residents about pool safety and is supportive of a four-sided fencing by-law as there is strong evidence that suggests four-sided pool fencing can prevent children from drowning. One of the most effective interventions to prevent swimming pool drowning is four-sided fencing with a self-closing, self-latching gate. A review by the Cochrane Collaboration concluded that pool fencing significantly reduced the risk of drowning and that isolation fencing (four-sided) is superior to perimeter (three-sided) fencing.
Planning, Transit and the Environment staff are aware of this motion. The funding in the amount of $50,000 is required as the pool enclosure permit fees are set to cost recover the program, the fees are price sensitive and thus cannot be increased without becoming a disincentive to voluntary compliance, and the proposed revision to the by-law necessitates consideration of a different approach on how the City will regulate the installation of pools (including swimming pools, hot tubs and ponds) and their enclosures/fences to provide for a measure of safety in and around private pools. As the proposed change is significant, there is a need to undertake consultation with residents, pool vendors and installers, fence installers, etc., prior to developing and adopting new regulations. This initiative will require the retaining of consultants as in house resources are insufficient to undertake all aspects of the initiative in 2009 for an implementation commencing 2010.
Also
consulted were: Community and
Protective Services (By-Law and Regulatory Services, OPH and Paramedics
Services), and the Child and Youth Injury Prevention Centre at the Children’s
Hospital of Eastern Ontario.
OPH recognizes the challenges to developing and implementing a by-law on
four-sided pool fencing and will work with the Planning, Transit and the
Environment Branch, along with others to overcome these challenges. OPH is currently updating the drowning
prevention information that is featured on the Ottawa Public Health web page
and it will have a direct link to the Pool Enclosure By-law, CHEO, Red Cross
and the Lifesaving Society. An enhanced
multifaceted social marketing campaign on
water and pool safety could also be a valuable tool.
FINANCIAL IMPLICATIONS
A one time pressure of $50,000 would be required as part of the 2009
budget in order for Building Code Services to undertake this work.
Building Code Services, Planning, Transit and the Environment to include the funding allocation in the 2009 budget, prepare the terms of reference for the project, retain the consultants, manage the review and development of the recommended options, including the implementation plan in consultation with the key stakeholders, and report back to Planning and Environment Committee in Q3 of 2009.
FOUR SIDED FENCING AROUND POOLS
CLOTURER LES PISCINES TOUT LE TOUR
ACS2008-CCS-PEC-0014 CITY WIDE/À L'ÉCHELLE DE LA
VILLE
A submission was received in support of the motion from Nathalie Vallières Loy, Lifesaving Society. It is held on file with the City Clerk.
Dr. Sara Reid, Emergency Physician at the Children’s Hospital of Eastern Ontario (CHEO), explained that over the course of nine years working at CHEO, she has had the unfortunate opportunity to look after a number of children that have been involved in both drowning and near drowning incidents.
Corrine Langill, Manager of Health Promotion and Injury Prevention, CHEO, stated support for the motion, noting there is a lot of evidence showing it is probably the most effective way to prevent backyard pool drowning.
During the joint presentation Ms. Reid and Ms. Langill addressed key facts regarding drowning, injury and death in children, important solutions, including four-sided pool fencing, as well as the current by-law provisions.
In response to questions from Vice-Chair Feltmate, Arlene Gregoire, Director of Building Code Services, explained that should the recommendation be approved, a consultant would be hired to undertake a study in 2009, subject to budget approval. The Branch is currently not resourced to do such an in-depth study and the structure of the current by-law would necessitate an entire overhaul if four-sided fencing becomes the rule.
Esther Moghadam, Program Manager, Ottawa Public Health, stated that from a public health perspective there is very solid evidence that four-sided fencing can prevent near drowning and drowning of particularly young children. Public Health would strongly support a review of safer pool enclosures and provide the necessary support.
In response to questions from Councillor Monette, staff provided the following information:
· The current by-law was approved in 2001. It applies to features with a minimum depth of 2 feet, requiring a 5-foot fence around the pool. Inflatable pools are also subject to the by-law. It does not require the fence to be at the perimeter, it can be anywhere on the property, but most people install it at the perimeter.
· The by-law is enforced through voluntary compliance and approximately 900 permits are issued per year for enclosures. A change to four-sided pool enclosures would impact future applicants.
· At present, the by-law does capture pools, spas and ponds. Perimeter fencing is currently adequate for all three. A change to four-sided fencing would require three internal sets of fences in addition to perimeter fencing, if a property owner had all three on the property.
· The study would include consultation with the industry and the public, including an awareness program.
Councillor Monette stated he would not be supporting this motion, stating good parenting cannot be mandated. He argued a fenced backyard with a proper latch is a sufficient enclosure for a pool, hot tub or pond.
In reply to questions from Councillor Qadri, staff and the delegations clarified the following additional points:
· Pool covers and alarms, as well as wrist bracelet technology may prove to be a safeguard; however research has not substantiated the claim that they have reduced drowning.
· The majority of near-drowning or drowning occurs when the child is not supposed to be near or in the water.
· The by-law does not cover rain barrels, water management ponds or any body of water that is in a natural setting.
· The current by-law applies to the rural area.
· In terms of enforcement, the four-sided fence would be required to be permanent. If new regulations were introduced, a significant degree of public awareness and education would be required in order to minimize enforcement costs.
With respect to risk and the introduction of four-side fencing, Tim Marc, Senior Legal Counsel, advised that it is the responsibility of the person in charge of the premises to ensure safety. From a public health perspective, the City can take steps to ensure that a greater level of protection is provided, but it is not a legal responsibility with legal liability. He did not believe the undertaking of the study would impact the City’s liability. The City maintains the same responsibility to ensure inspections are carried out for issued permits. Infractions due to alterations to fencing after issuance of a permit would be the same regardless of three or four-sided fencing.
Councillor Qadri spoke in opposition, questioning how far the municipality must go to take on the responsibility of parents. He mentioned the costs of the study and enforcement.
In reply to comments from Councillor Desroches, the CHEO representatives clarified that over an eight-year period, 292 drownings or near drownings could have been prevented. Dr. Reid clarified that three-side fencing has had some success; however the children who are drowning in pools are the children who live or visit a residence with a pool. Ms. Langill added that a number of policy options could be explored. For example in Toronto, some exclusions exist for hot tubs that have adequate covers and locks.
Councillor Hunter stated that he is convinced that the motion seeks to correct a problem the size of a tack by driving a large sledgehammer into it. Statistics show that there are about three preventable backyard deaths amongst the infant population in Ottawa per year. He added that any one of those three incidents is one too many; however he said it is the responsibility of parents to voluntarily install four-sided fencing to protect their children. He did not believe that the City should require every situation to go to this extra expense.
Councillor Feltmate did not think drownings should be viewed in terms of good or bad parenting; rather there are circumstances where whole lives are altered in a few seconds. She encouraged her colleagues to think about supporting this examination to make the community safer.
That the
Planning and Environment Committee recommend Council approve the funding of
$50,000 in the 2009 Budget for undertaking a review, public consultation and
development of new approaches or options for improving the City's Pool
Enclosure By-Law, including the requirement to install four sided fencing
around pools, and an implementation plan of the by-law changes.
LOST
YEAS (3): M. Bellemare, D. Holmes, P. Feltmate
NAYS (4): S. Desroches, G. Hunter, B. Monette, S. Qadri