Kentville, Nova Scotia
· adopted 2007-12-12
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
3. COMPLIANCE REQUIRED
1. AUTHORITY
Page 1 of 6
ACORPORATES
OND OF KENE
Part VII, Sections 172 (a) and (b) of the Municipal Government Act provide
It shall be unlawful to construct, install, alter, enlarge, or fail to maintain any
swimming pool in the Town of Kentville, except in compliance with all the
municipalities with the power to make bylaws respecting the health, well-being,
provisions of this bylaw.
AH. DEC. 188°
LASNA E PARTY
safety and protection of persons, and the safety and protection of property.
2. INTERPRETATION
4. PERMIT REQUIRED
Town oF KENTVIlle BY-LAW
In this bylaw:
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It shall be unlawful to proceed with the construction, installation,
SWIMMING POoL BY-LAW
authorized by the Town of Kentville to enforce the bylaws of the town.
## CHAPTER 75 "Town" means the Town of Kentville "By-law Enforcement Officer" means the individual, or designate, enlargement or alteration of any swimming pool and appurtenances within the Town, unless a swimming pool permit has been obtained. 2. An application for a swimming pool permit shall provide adequate information to the Development Officer, to determine that the
"Development Officer" means the individual, or designate, authorized
by the Town of Kentville to administer this bylaw.
"Swimming Pool" means an artificial body of water outside a building, excluding ponds, having more than 108 square feet (32.92 square
meters) of surface area that is designed or intended to be used for
## swimming purposes, and contains, or is capable of containing, a water
depth of more than 24 inches (60.96 centimeters).
"Swimming Pool Permit" means a Development Permit as identified in
the Land Use Bylaw of the Town of Kentville.
Town of Kentville, By Law Chapter 75: Swimming Pool
bylaw.
3. The applicant for a swimming pool permit shall pay a permit fee as established by the Town in Schedule "A" attached.
5. LOCATION
1. No portion of a swimming pool, pumps, filters or pool water disinfection
equipment installations shall be located closer that 4 feet (1.22 meters)
2. No portion of a swimming pool, pumps, filers or pool water disinfection
3. No portion of a swimming pool, pumps, filters or pool water disinfection
3. whichever is less, as set out in the Land Use Bylaw for the Town.
6. VARIANCE
1. The Development Officer may grant a variance to the requirements set
## out in Section 5(1).
- a. variance violates the intent of the Land Use Bylaw
7. PREVENTION OF UNAUTHORIZED ACCESS
1. All swimming pools shall be completely separated from adjacent properties
## by an enclosure such as a fence, building, deck or similar structure.
- height. The enclosure shall be constructed so as not to facilitate climbing of the enclosure. 3. The sidewalls of an above ground pool may form part of the enclosure.
- comply with the requirements of the National Building Code as adopted
6. Except from within a building, all openings into a pool area enclosure shall
Page 2 of 6
Town of Kentville, By Law Chapter 75: Swimming Pool
Page 3 of 6
is not under supervision. The latching mechanism shall be a minimum of
4.5 feet (1.37 meters) above grade. 8. ELECTRICAL CONNECTIONS
1. All power sources to the pool and its equipment shall include a properly
## installed ground fault interruption (GGl) device.
- and regulations.
9. CONFLICT WITH LAND USE BYLAW
In the case of conflict between the provision of this bylaw and the provision of the
## Land Use Bylaw, the provisions of this bylaw shall prevail, except where this bylaw
specifies that the provisions of the Land Use Bylaw apply.
10. PENALTY
Every person who contravenes, or fails to comply with any provision of this bylaw,
shall for such offence be liable on conviction, to a penalty, as established by the
Town in "Schedule B" attached. 1. In addition to any fine or imprisonment imposed pursuant to this
- damages associated with such contravention. 2. Where any person is in contravention of any provision of this bylaw, the
- in the written direction.
11. EFFECTIVE DATE
This bylaw will become effective upon the date that the bylaw is passed.
12. REPEAL OF BYLAW
Chapter 38 - Swimming Pool Bylaw of the Town of Kentville, and any
## amendments thereto, shall be herby repealed.
Town of Kentville, By Law Chapter 75: Swimming Pool
Page 4 of 6
## Date of first reading: November 14, 2007
November 20, 2007
| November 27, 2007 |
|------------------------------------------------------|
| December 4, 2007 December 12, 2007 December 18, 2007 |
| December 20, 2007 |
| January 9, 2008 |
Date of advertisement of Notice of Intent to Consider:
Date of second reading:
*Date of advertisement of Passage of By-Law:
Date of mailing to Minister a certified copy of By-Law:
I certify that this Swimming Pool Bylaw - Chapter 75 was adopted by Council and
published as indicated above.
CAO Mark Phillips
*Effective Date of the By-Law unless otherwise specified in the By-Law
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Town of Kentville, By Law Chapter 75: Swimming Pool
Page 5 of 6
Permit Fee - $50
pon application to the Town of Kentville for a permit to construct, install enlarge
$50. This fee will accompany the completed permit application and required drawings, which shall be filed with the Department of Community Development for the Municipality for the County of Kings, from where the permit is issued, and any inspections are conducted.
ralter any swimming pool and appurtenances, the applicant shall pay a fee of Page 6 of 6
Town of Kentville, By Law Chapter 75: Swimming Pool
## Any contravention to, or non-compliance with any provision of this bylaw may
result in a penalty of:
(a) not less than $100. (b) not exceeding $5,000.
(d) and any swimming pool and appurtenances may be ordered by the Bylaw
- (c) and in default of payment, to imprisonment not exceeding 30 days.
Enforcement Officer to be demolished, removed, altered or remedied.