Forget more pool fencing, councillors say. Watch your kids closely

Should Hamilton have tougher safety rules when it comes to swimming pools? Or is it up to parents to keep their eyes on their kids?

Those two notions butted philosophical heads Wednesday when city councillors narrowly voted down a rule change that would mandate another layer of fencing around pools.

If I was in the pool business, I would be saying exactly what those people in the pool business are saying.- Coun. Sam Merulla

Councillors pondered whether to enact a so-called "double fencing" law that would see a fence around backyard swimming pools as well as a fence around the yard itself.

The debate was long and full of personal anecdotes, with some councillors saying more fencing would help prevent deaths. Others on the general issues committeesaid it was creating a "nanny state," and it's up to parents to closely watch their kids.

In the end, they voted 9-5 against requiring residents to have four sided fencing around pools as well as fencing around their yards.

"We raised seven kids over 20 years on a very, very active farm," said Rob Pasuta, Ward 14 councillor. Watching the kids "was like taking a breath."

Parents should watch their kids, councillors say

It's up to parents to do that, he said. It's not up to pool owners to install another fence.

• City councillor once saved toddler from drowning and now wants more pool fencing

Several agreed with swimming pool business owners who said an extra fence creates a false sense of security, and that parents need to watch kids and teach them pool safety.

I don't know anybody who holds a child's hand 24/7 at home.- Coun. Sam Merulla

But others said the fencing is a matter of life and death. Maria Pearson, Ward 10 councillor, had a near drowning at her own pool 25 years ago. The child involved wasn't even hers. It was a neighbour.

The fencing recommendation came from an Ontario Coroner's report, she said. The city should heed it.

She likened pool fencing to seat-belts, and bicycle helmets, and smoke detectors.

"They're all there for the safety of everyone," she said.

'A little nonsensical'

Sam Merulla, Ward 4 councillor, voted in favour of the second layer of fencing too. Even with the best intentions, accidents happen, he said. And the swimming pool industry has a financial stake in the decision. He wants to listen to safety experts.

"If I was in the pool business, I would be saying exactly what those people in the pool business are saying," he said.

Someone during the meeting suggested parents keep as close a watch on kids at home as they do around the water at the beach.

That's "a little nonsensical," Merullasaid. "I don't know anybody who holds a child's hand 24/7 at home."

Mayor Fred Eisenberger and councillors Judi Partridge, Donna Skelly and Terry Whitehead all have pools. All voted against the two-fence plan.

The city will still updateits pool enclosure bylaw, but not require additional fencing.

Who voted to not require more fencing:

Doug Conley (Ward 9), Brenda Johnson (11), Lloyd Ferguson (12), Mayor Fred Eisenberger, Robert Pasuta (14), Judi Partridge (15), Terry Whitehead (8), Donna Skelly (7), Tom Jackson (6)

Who voted in favour:

Maria Pearson (10), Jason Farr (2), Chad Collins (5), Sam Merulla (4), Aidan Johnson (1)

Not present:

Matthew Green (3), Arlene VanderBeek (13)