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No. S- 600
CAPE BRETON REGIONAL MUNICIPALITY
By-Law S2
SWIMMING
POOL FENCES
1.
DEFINITIONS
a) "
Enclosure"
means
a
fence, wall
or
other
structure, including doors or gates,
surrounding a swimming pool to restrict access thereto.
b) "
Outdoor Swimming Pool" means a tank or body of water maintained or used or
which may be used for swimming purposes whether above or in ground and which has
a maximum depth of water greater than twenty-four( 24) inches, other than an existing
natural body of water or stream, but including privately owned pools belonging to or
connected to with any type of multiple housing development, motel, hotel, or similar
establishment.
c) "
Owner" includes a person in possession of the property on which the swimming pool
is located.
2.
ENCLOSURES
1)
Every owner of an outdoor swimming pool within the Cape Breton Regional
Municipality shall erect and maintain around the pool an enclosure which extends from
the ground for a height of not less than five( 5) feet and is so located that the
swimming pool area is only accessible by means of one or more gates in the enclosure.
2)
Every swimming pool enclosure shall have a gate or gates constructed of material of
not less than equivalent
strength
as the fence and which provides
an equivalent
degree
of safety; and every gate shall be of at least the same height as the fence, be supported
by substantial
hinges and be equipped with self-closing, self-latching devices placed at
the top and on the inside of the gate.
3)
Every gate shall be kept closed
and locked at all times
when the pool is not in use.
4)
Any enclosure may have a wall or a wall of building as part of such fence, provided the
wall is at least five( 5) feet in height; if the wall contains any openings that could
provide
a means of ingress or egress to the pool, the openings
shall be kept locked or
blocked at all times when the pool is not in use.
5)
Any removable access to the rim of an aboveground pool shall be kept removed when
the pool is not in sue.
6)
Where a swimming pool has been installed prior to the passing of this By-law and is
fenced in such a way as to provide adequate safety, and compiled with the by-laws in
force when the pool was constructed, it is deemed to comply with this By- law.
3.
PERMITS
1)
No swimming pools shall be constructed in the Cape Breton Regional Municipality
unless a permit has been obtained for it.
2)
To obtain a permit, plans and specifications must be submitted to the chief building
official complete with an application for a permit and payment of all prescribed fees.
3)
If it appears that the plans and specifications
are in conformity with this by- law and
with any applicable provisions ofthe Building Code, a building permit shall be issued.
4)
Any in-ground swimming pool shall be a minimum of five ( 5) feet from the property
lines at the back and sides of the property, measured from the inside edge of the pool,
any shall be located behind the minimum setback line from the street.
4.
OFFENCE
1)
No one shall pour, spray, fill or introduce water into any swimming pool unless a fence
has been completely
erected around the swimming pool in the manner required in this
by- law.;
2)
Any by-law or any provision thereof passed and approved by any former Municipality
within the boundaries
of the County
of Cape Breton
prior
to July 31,
1995
which
conflicts with or acts contrary to the provisions of this by-law are hereby repealed with
this by- law becoming
law and any other provisions
such by- laws hereby ratified and
confirmed
insofar as they are not in conflict
with this by-law.
PASSED AND ADOPTED
by a majority of the whole Council at a duly called meeting of the
Cape Breton
Regional
Municipal
Council held on the 19'
h day ofDecember 1995.
MAYOR
CLERK
THIS
IS TO CERTIFY
that the attached
is a true and correct
copy of the Swimming
Pool
Fences
By- law of the Cape Breton
Regional
Municipality
adopted by Council
on the
19th day of
December
1995.
BERNIE
WHITE, CLERK