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Scaling Dam Sailing Club Bye-laws

1. Interpretation

The terms detailed in the Interpretation section of the Scaling Dam Sailing Club (SDSC) Constitution shall have the same meaning within this document.
The decision of the Main Committee upon any question of the interpretation of these Bye-laws, or upon any matter affecting the Club not otherwise provided for, shall be final and binding upon the Members.
However if there is any conflict between the interpretation of these Bye-laws and the interpretation of the Constitution, then the terms of the Constitution shall prevail and measures shall be taken in due course to resolve said conflict

2. Approved Water Sports

2.1. Approved water sports which can be practiced at the club during normal sailing times are dinghy sailing, windsurfing, canoeing/kayaking/rowing and paddleboarding. Group Associate members, with prior approval, may also use rowing boats at times other than normal sailing times. See also Definitions Craft.
2.2. Open Water Swimming is permitted at Scaling Dam Sailing Club during scheduled Open Water Swim sessions or organised events. Wild Swimming is NOT permitted. See Section 4.9

3. Definitions

3.1. Authorised Person. For the purposes of accepting membership applications, an authorised person is any Committee Officer or the Membership Administrator.
3.2. Craft. The following Craft are permitted by the Lease to be operated on Scaling Dam. Dinghies all types; sailability trimarans; windsurfers/sailboards; rowing boats (single oarsman only); canoes; paddleboards; powered Craft only insofar as they are used for safety duties and training. Keelboats are not suitable to sail on the reservoir but may be accepted on a case by case assessment, particularly in direct support of Sailability.
3.3. Sailing. Watersport activity involving the use of sailing dinghies and or windsurfers or sailboards.

3.4. Paddlesport. Watersport activity involving the use of rowing boats (single oarsman only), kayaks, canoes or paddleboards.

3.5. Representative Role. Within the committee, the following are Representative Roles as referred in the Constitution. Sailability; Youth and Junior; Windsurfing; Group Associate members.
3.6. EHS Advisor. The EHS Advisor shall be a person qualified in the area of Health and Safety who will act as an authority for the committee on all safety-related matters and shall ensure that accident report forms are kept up to date and available for inspection. The EHS Advisor does not need to sit on the committee to perform this role.
3.7. Duty Officer. That person, normally a member of the main committee, who shall attend sailing sessions and speak and act on behalf of the main committee.
3.8. Water Safety Manager. The Committee will nominate a Water Safety Manager (WSM) to be on site when the Club is open for sailing as published in the Club Handbook or on the Club Website to oversee safety on the water. The WSM will normally be the Club Development Officer (CDO), but in the CDO's absence may be a member of the Committee or any ordinary member approved by the Committee or the WSM. The Duty Officer and the Water Safety Manager may be one and the same.
3.9. Safety Boat Manager. The Committee will appoint a Safety Boat Manager (SBM) who will arrange in advance a Duty Rota for a Safety Boat Helm and Crew to operate the Safety Boat at the times specified under Section 4 Safety. The SBM does not perform an active role in terms of management of safety on the water during the Club's published opening times.
3.10. Safety Boat. A Safety Boat shall be on the water, have an operational engine and normally a crew of two persons, one of whom should be prepared, if necessary, to go into the water. Any person driving a Powerboat must hold as a minimum the RYA Powerboat Level 2 qualification or be under the direct supervision of an RYA Powerboat Instructor. Persons aged between 16 and 18 years may operate the Safety Boat, provided they hold the RYA Powerboat Level 2 Qualification and are accompanied by someone over the age of 18. A crew of one person over the age of 18 shall be allowed at the discretion of the Water Safety Manager, considering the prevalent conditions, the qualifications & experience of the Safety Boat operator, the number, competency and type of water users afloat, and the availability of an additional Safety Boat.
3.11. Open Water Swimming Co-ordinator The Main Committee shall appoint an Open Water Swimming Coordinator who will draft, maintain and file the OWS Procedures and Risk Assessment and ensure events are managed accordingly. .
3.12. First Aid Co-ordinator The Main Committee shall appoint a Member to act as the First Aid Co-ordinator to monitor first aid practices and equipment at the Club and to report back to the Main Committee any non-conformances against current first aid regulations.

4. Safety

4.1. The Club's Safety Policy sets out the different levels of Safety Cover that are available at different times. Acceptance of this Policy is a condition of going afloat.

4.2. Safety Boat facilities are normally provided by SDSC as shown on the Club Website Calendar, during scheduled Casual Watersports sessions normally between 1000hrs and 1700hrs on Saturdays, Sundays and Bank Holidays and between 1600hrs and 2000hrs on Wednesdays and Fridays. Safety Boat facilities may be available at other times depending on Club activities.
4.3.1. Members 16 years of age or over may elect at their own discretion to Casual Sail/Windsurf/Canoe/Kayak/SUP provided as a minimum a Safety Boat is moored on the jetty and a qualified helm is ready to operate it this is 'Responsive Safety Cover' described in the Safety Policy, the minimum level of cover that the Club sets out to provide during scheduled Casual Watersports sessions. Those electing to Casual Sail/Windsurf/Canoe/Kayak/SUP in these circumstances shall affirm and demonstrate to the WSM they are suitably experienced to be able to look after themselves in the prevailing weather conditions. Water users should not knowingly launch into conditions that are beyond their personal abilities or that of their craft.

4.3.2. Members aged under 16 years may use the water subject to the conditions detailed in 4.3.1. above, however the decision to do so in the case of under 16s lies with the responsible adult detailed in 4.7.1. Where the responsible adult does not have suitable watersports experience, advice can be sought from the WSM or the Club's qualified RYA Instructors, however the ultimate decision and responsibility for the member under the age of 16 years lies with the responsible adult.

4.4. The WSM may suspend watersports if they consider it unsafe due to prevailing weather, or a Safety Boat becomes unavailable. In this event, the Clear the Water signal shall be shown. See Byelaw 9.4
4.5. Safety Boat Temporarily Unavailable
4.5.1. Should the Safety Boat be temporarily unavailable (for a period not exceeding 30 minutes) this will be signified by a flashing yellow light. When this light is shown, crews may sail at their own discretion, knowing that a manned Safety Boat is not on the water; for members aged under 16 years, the decision whether the member may sail without a 'Patrolling Safety Boat' lies with the responsible adult detailed in 4.7.1 for this scenario, the Member Under 16 years old and their responsible adult shall consider this circumstance before the Member Under 16 years old goes afloat.
4.5.2. Sailors may be required to leave the water should the safety boat crew be temporarily unavailable and no suitable replacement crew found, or continue to sail accepting that there is no Safety Boat available and no assistance if needed. Members may choose to Buddy Sail with other members who are present at the time (see 4.6).
4.6. Members are permitted to engage in watersports without Safety Boat cover, on a 'Buddy System' basis, provided:
a. there are two or more Craft on the water,
b. all water users are members of SDSC,
c. any members under 16 are accompanied by a responsible adult,
d. the competence of the water user is compatible with the prevailing wind and weather conditions,
e. that adult members are also afloat when there are Under 16s on the water
f. all water users shall keep a lookout and are prepared to offer assistance to any other water user should the need arise.

g. that all water users recognise the limitations of assistance that can be provided to them by their fellow water users, which will not be as effective as having a crewed Safety Boat available (eg an intermediate windsurfer is unlikely to return a person ashore quickly on a small board which will not realistically hold two people; a dinghy is unlikely to tow another dinghy ashore, etc).

Going afloat without Safety Boat cover is entirely at the risk of the water users.
4.7. Persons under 16 years
4.7.1. When on Club premises or afloat at Scaling Dam, all persons under the age of 16 shall be directly supervised by a responsible adult member who may be a parent or guardian or be nominated by them.
4.7.2. It is the responsibility of the adult defined in 4.7.1 to decide whether the Junior Member under their supervision are allowed to go afloat in any craft, considering the ability of the member, the prevalent conditions, the suitability of the craft to be used, the peers they are using the water with, and the level of Safety Cover available. Where the responsible adult does not have suitable watersports experience, advice should be sought from the WSM or the Club's RYA Qualified Instructors during scheduled Casual Watersports sessions. Outside of normal club opening times, additional advice may not be available. Note that the ultimate decision and responsibility lies with the supervising adult; Advice given is tendered in good faith and without responsibility on the part of the Club or its servants.
4.7.3. The responsible adult member shall ensure that persons under 16 under their care shall wear effective personal buoyancy at all times when in the vicinity of water, with the only exceptions listed below in section 4.8. The responsible adult member shall also ensure that persons under 16 under their care shall wear appropriate thermal protection as detailed in 4.8.4.
4.8. Buoyancy and Protection
4.8.1. Effective personal buoyancy shall be worn at all times whilst afloat in all Craft, Safety Boats and on the Club jetty, with the only exceptions listed below in 4.8.2 and 4.8.3. If it is of the inflatable type, it must be kept inflated, excepting gas inflation Life Jackets which should be serviceable and in-date with crutch straps worn. Nappy harnesses, waist harnesses, wet suits and dry suits in themselves are not considered adequate buoyancy.

4.8.2 Any water user under the age of 16 must wear effective personal buoyancy at all times, excepting only for when engaged in Open Water Swimming, during organised sessions with appropriate Safety Cover available.

4.8.3 Members aged 16 or over must wear effective personal buoyancy at all times with the following exceptions:

a) Any person engaged in an organised Open Water Swimming session with appropriate Safety Cover being provided.

b) Intermediate or advanced level windsurfers wearing a windsurf harness; note that wearing a harness does not provide buoyancy, and the wearing of a harness is not an alternative to being at a suitable intermediate standard (ie, if you are not yet using a windsurf harness effectively, you should still wear a buoyancy aid as well).

c) Persons engaged in Stand Up Paddleboarding who are wearing a leash attaching themselves to their board by their ankle. Paddleboarders NOT wearing a leash MUST wear a buoyancy aid instead. Other activity approved by the WSM or Committee, only where it is usual for participants not to wear buoyancy for safety reasons, such as Sprint Kayakers and Rowers.

d) Persons offering assistance on the beach who do not intend to go afloat, however such assistance should only be offered in water up to knee-depth, and persons offering this assistance should be aware of the risks of falling over into the water whilst fully clothed and not wearing buoyancy.

4.8.4. Wet suits, dry suits or effective thermal protection shall be worn when afloat during the months of March and November. They are strongly recommended during the months of April, May and October, and advisable throughout the year to cover a minimum of the torso (ie a 'shorty' wetsuit is a good minimum in summer months where cold water shock is still a realistic concern).
4.8.5. It shall be the sole responsibility of each owner or helm to ensure that the buoyancy of their Craft is adequate and remains so whilst sailing at Scaling Dam.
4.8.6. All Craft shall be of a type suited to conditions at Scaling Dam and shall have adequate buoyancy to support the Craft and its normal crew in the event of capsize or swamping for an extended period. Responsibility for adequate boat buoyancy remains with the owner/helm. Advice given by the respective fleet captain or member of the Main Committee or other nominated person is tendered in good faith and without responsibility on the part of the Club or its servants.
4.8.7. Inflatable side buoyancy bags shall be adequately secured.
4.9. Open Water Swimming
4.9.1. Open Water Swimming (OWS) shall be managed by the Open Water Swimming Coordinator appointed by the Main Committee in accordance with the OWS procedures.
4.9.2. All OWS sessions shall be supervised by a Session Leader.
4.9.3. The OWS swimming area shall be segregated from all other water sport activities. Swimmers must remain within the designated area.

4.9.4. OWS safety cover shall be provided by using kayaks. There will be at least one rescue kayak per 20 swimmers and no more than 60 swimmers at any time.
4.9.5. All other Craft shall stay clear of the OWS swimming area.

5. Membership Fees

5.1. The Membership Secretary shall decide the date when the following membership fees are due and shall publicise both the due date and the arrangements for payment. Current membership fees shall be publicised on the Club website.

5.2. Sailing Membership

5.2.1. Sailing Members shall be allowed full use of all the club facilities and Adult Sailing Members shall have the right to vote at General Meetings.

5.2.2. Single Sailing membership fee. A Member who does not qualify for, or elect to pay, any other rate of membership fee, shall pay the Single Sailing membership fee.
5.2.3. Youth Sailing Membership fee. A Member who does not qualify for, or elect to pay, any other rate of membership fee may pay the Youth Sailing membership fee.
5.2.4. Junior Sailing Membership fee. A Member who does not qualify for, or elect to pay, any other rate of membership fee may pay the Junior Sailing membership fee.
5.2.5.. Family Sailing Membership fee. One or two Adult Members and any number of Youth Members or Junior Members who are all part of the same Family Unit shall be entitled to pay the Family Sailing membership fee.

5.3. Paddlesport Membership

5.3.1. Paddlesport Members shall be allowed full use of all the club facilities and shall have the right to vote at General Meetings but shall not be allowed to participate in Sailing at the club.
5.3.2. Single Paddlesports membership fee. A Member who does not qualify for, or elect to pay any other rate of membership fee, shall pay the Single Paddlesports membership fee.
5.3.3. Youth Paddlesports Membership fee. A Member who does not qualify for, or elect to pay any other rate of membership fee, may pay the Youth Paddlesports membership fee.
5.3.4. Junior Paddlesports Membership fee. A Member who does not qualify for, or elect to pay any other rate of membership fee, may pay the Junior Paddlesports membership fee.
5.3.5. Family Paddlesports membership fee. One or two Adult Members and any number of Youth Members or Junior Members who are all part of the same Family Unit shall be entitled to pay the Family Paddlesports membership fee.

5.4 Non-sailing Membership

5.4.1. Non-sailing Membership includes Swimming membership.

5.4.2. Non-sailing Members shall be allowed full use of all the club facilities but shall not have the right to vote at General Meetings and shall not be allowed to participate in Sailing or Paddlesports at the club.

5.4.3. Single Non-sailing membership fee. A Member who does not qualify for, or elect to pay any other rate of membership fee, shall pay the Single Non-sailing membership fee.
5.4.4. Family Non-sailing Family membership fee. One or two Adult Members and any number of Youth Members or Junior Members who are all part of the same Family Unit shall be entitled to pay the Family Non-sailing membership fee.

5.5. Sailability Membership. Sailability Members shall be allowed full use of all the club facilities and shall have the right to vote at General Meetings.

5.5.1. Single Sailability Membership fee. An Adult Member who is registered as disabled shall be entitled to pay the Single Sailability membership fee.

5.5.2. Family Sailability Membership fee. One or two Adult Members and any number of Youth Members or Junior Members who are all part of the same Family Unit and any one of whom is registered as disabled shall be entitled to pay the Family Sailability membership fee.

5.5.3. A Member who is registered as disabled shall be entitled to register their carer as a Care Member. A Care Member shall be allowed full use of all the club facilities but shall not have the right to vote at General Meetings and shall not be allowed to participate in Sailing or Paddlesports at the club except in support of the disabled member.

5.5.4 Student membership fee. An Adult Member who is in receipt of full time education shall be entitled to pay the Student membership fee

5.5.5. Parent/Guardian fee. Parent/Guardian Membership is open to one adult per Junior Member either a parent or guardian of or person nominated in loco parentis to the Junior Member. The Parent/Guardian member shall be entitled to full use of the Clubhouse but is not entitled to participate in any Watersports. The Parent/Guardian Member of a Junior Sailing or Junior Paddleboard Member shall have the right to take Office, attend and vote at General Meetings. The Parent/Guardian Member shall pay the Parent/Guardian Membership fee.

5.5.6. Family Unit. For the avoidance of doubt, in 5.2.5, 5.3.5, 5.4.4 and 5.5.2 the Main Committee shall rule on a case-by-case basis in any disputes relating to the definition and application of the term 'Family Unit'.

6. Membership Fee Discounts

6.1. The discounts detailed below shall be specified by the Main Committee and shall be applied to membership fees as follows:
6.2. Early Payment Discount. Members who pay their membership fee before a date specified by the Main Committee, typically the end of February, shall be entitled to receive an Early Payment Discount against the relevant membership fee.
6.3. Distant Membership Discount. Members who live more than 50 miles from the club, shall be entitled to receive a Distant Membership Discount against the relevant membership fee.

7. Guests

7.1. A Member shall not introduce more than two guests or one family unit in any one day and the same guest(s) shall not be introduced on more than four occasions in any one year.
7.2. Guests must be signed in the guest book kept at the clubhouse entrance.
7.3. Guests may participate in water sport at the club using a Craft owned and sailed by the host subject to that Craft having, at all times, valid insurance cover to the level required by the Insurance Clause of the Constitution. For the avoidance of doubt, the guest may not sail any other Craft at the club. See Constitution for clarification of rights of Affiliated Members from other clubs.

8. Insurance and Responsibility

8.1. No Craft shall be launched at Scaling Dam unless its owner/helm holds a current certificate of insurance for Third Party Liability of at least £5,000,000 which covers the Helm and Craft whilst at Scaling Dam. Failure to arrange adequate insurance cover will render the member liable for third party claims and the club shall be under no legal responsibility to the member or the third party.

8.2. Northumbrian Water Limited (NWL) and Scaling Dam Sailing Club are not responsible for any loss, damage or injury sustained by any person, their property, or any third party in consequence of his/her entering or remaining on NWL/SDSC property and engaging in water sports or any other activity

9. Sailing General

9.1. No Craft shall enter the part of Scaling Dam defined as the Nature Reserve at the southwest corner of the reservoir, the limit of which is marked by a row of orange mooring buoys (and shown on the map of the reservoir at the clubhouse, which will also indicate below water hazards known by the club).
9.2. No Craft shall be used for fishing, and sailors shall avoid causing undue annoyance to bank fishermen.
9.3. The sailing area/time may be restricted by the Duty Officer or Water Safety Manager having regard to its use and prevailing conditions.
9.4. All Craft must leave the water when 4 white lights together with a red light and repeated sound signals are made.
9.5. Other than in an emergency or by agreement with the landlord (Northumbrian Water Ltd), wading, paddling or swimming is not permitted except for purposes of normal sailing activities including launching and beaching on the shore area in front of the clubhouse.
9.6. During Open Meetings/Special Events as defined in the Race Programme, Casual Watersports are only allowed by agreement with the WSM whilst racing is in progress. The WSM will take into account the courses being used, the availability of Safety Boat cover, the competence of the members involved and the weather conditions. They will also discuss the request with the race committee before taking a decision. The presumption is that Casual Watersports should be allowed if at all possible.
9.7. Use of club dinghies: For a list of current charges and conditions contact the CDO. A limited number of club boats are available for general racing. Junior members have priority in the use of club Toppers.

10. Clubhouse and Grounds

10.1. Clubhouse facilities shall only be available when there is a nominated Duty Officer or person authorised by the Main Committee on duty
10.2. Persons dressed in sailing clothing are not allowed on the carpeted area and soft furniture.
10.3. It is against the law to smoke within the clubhouse.
10.4. Grounds
10.4.1. Dogs other than disability assistance dogs are not allowed in the clubhouse.
10.4.2. Until further notice, dogs kept on a lead and under control are permitted to be brought onto the club grounds. The owners must take responsibility for clearing up after their dog. If the dog is reported as not being kept under control twice during the season, it will be banned from the grounds.
10.4.3. Use of radios, television sets, record players and musical instruments is prohibited in the boatpark unless approved by the committee.
10.5. Kitchen facilities are available for members' use when not in use by the club for events. Members are expected to keep the area clean and tidy after use.
10.6. Boatpark
10.6.1. Boats are left in the boatpark at the owner's risk and must be securely tied down.
10.6.2. Road trailers can be left in the designated spaces in the boat park subject to agreement with the membership secretary and payment of a fee. All road trailer left on site must be disabled and marked or tagged so the owner can be idetified. Road trailers may be stored on member's own dinghy park spaces without additional charge.
10.6.3. Road trailers and trolleys are left at the club at the owner's risk.
10.6.4. The club reserves the right to request the removal of road trailers if necessary.
10.7. Vehicles must be confined to the car park except when actually loading/unloading their Craft.
10.8. Camping in the club grounds is permitted by general agreement with the committee. Permission shall not be withheld unless there is evidence of unreasonable behaviour or damage to club property. A fee is payable to the Club for use of the club electrical supply.
10.9. All member's property must be removed from the grounds of Scaling Dam by the end of the membership year in which the member resigns from the Club (the last year in which membership fees were paid). Any property so remaining at the Club during the following (& unpaid) membership year will be deemed abandoned unless alternative arrangements have been made with the Membership Secretary.
10.10. Abandoned Craft may be subject to removal to a location that the Main Committee deems suitable and subsequently disposed by the club.
10.11. Action shall be as follows:
a. Where the owner is known, he/she shall be notified in writing, using the Recorded Delivery service. Proof of posting shall be proof of receipt. Failure to remove the Craft within 7 days will result in the Craft being disposed of by any means which the Main Committee deems suitable.
b. Where the owner is not known, the Main Committee shall make reasonable enquiries to ascertain the owner, and place a notice at the site where the Craft was found.
c. 'Owner' shall include any person who has possession, care, custody, or control of the property and also any person who has an interest in the property.
d. Any proceeds received from disposal of the property shall be paid into club funds.
e. If, within one year and one day, the owner, on proof of title, claims the Craft they shall be given the Craft or the sum raised by the disposal of the Craft. The owner shall pay reasonable expenses to the club before the Craft is returned or sum refunded. After this period has elapsed, the owner will not have any claim whatsoever.

11. Main Committee

11.1. Main Committee. The Main Committee shall consist of up to twenty-two people made up as follows;
The ten Officers (see Constitution)
Four Representative roles (see Definitions)
Up to Six Members who shall be elected as ordinary members of the Main Committee.

11.2. Support Roles The Main Committee may appoint members to undertake the following support roles within the club.
Editor Dam News
Windsurfing representative
Wildlife representative (with NWL)
Other roles may be defined during the season according to need.

12. Northumbrian Water Regulations (extracted from our lease)

12.1. No person shall commit any act which may result in the fouling of the premises, the clubhouse area or of water into the reservoir.
12.2. Only the lavatories provided in the clubhouse shall be used for sanitary purposes.
12.3. The needs of wildlife are respected.
12.4. No interference shall take place with the machinery, valves, drains, fences, gates and roads or other apparatus or works of N.W.L.
12.5. Boats and equipment shall be stored in the boat park.
12.6. No gun shall be brought into the area of Scaling Dam.

13. Purchase and Supply of Excisable Goods

13.1. The purchase for the club of excisable goods and the supply of the same upon club premises shall be under the control of the Main Committee through the Bar Secretary or other nominated person.
13.2. Intoxicating liquor may only be sold for consumption on the club premises to members over the age of eighteen who are entitled to the use of the club premises. No member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the club premises. Tobacco or cigarettes sales are prohibited in totality.
13.3. Subject to the requirements of the licensing authorities, the Main Committee shall cause the club bar to be opened at convenient times for the sale of Intoxicating Liquor to members and their guests provided that guests' names and addresses and the name of their hosts shall have been entered in the Visitor's Book upon entry to club premises.
13.4. No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the club. Any profit deriving from the sale of such goods shall (after deduction of the costs) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the club.

14. Enforcement

14.1. All persons shall immediately comply with reasonable directions given by a club Flag Officer, Duty Officer, a Member of the Committee, the Water Safety Manager or an authorised person from N.W.L.
14.2. Failure to comply with the above Byelaws and Regulations may result in the person and/or Craft being banned from Scaling Dam for a period or other penalty as determined by the S.D.S.C. Main Committee and/or N.W.L.


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