Construction and Operation of Pools
Under Sections 4, 5(1), 5(2) and 6(2) of the Pool Regulation, BC Reg. 296/2010, for an owner to obtain an operating permit for a pool once it has been constructed, an engineer or an architect must submit a statement that the pool has been constructed and substantially complies, in all materials respect, with the plans and specifications submitted at the time of the application for the construction permit for that pool.
Previously, in the absence of standardized wording for the statement required under Section 6(2)(a)(i), a number of BC Health Authorities created their own forms. Those forms, however, may contain language that goes beyond the requirements of Section 6(2)(a)(i) and includes wording that could potentially:
- Void the insurance policy of the engineer or architect, and/or
- Make an engineer or architect liable for conditions pertaining to the operation of the pool and over which an engineer or architect has no control once the control of the construction pool has been passed to the pool owner.
To address this issue, Engineers and Geoscientists British Columbia and the Ministry of Health have jointly developed the British Columbia Pool Regulation Statement of Compliance, and the Ministry has obtained the agreement of the six provincial health authorities on the standardized wording and format of this new form.
Engineers and Geoscientists BC's Council endorsed the compliance statement at its April 2016 meeting, and the association's professionals are now advised to use the British Columbia Pool Regulation Statement of Compliance when meeting the requirements of Section 6(2)(a)(i).
The Statement of Compliance form is now available for use.