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MUNICIPALITY OF THE
TOWN OF PORT HAWKESBURY
RESOLVED by the Town Council of the Municipality of the Town of
Port Hawkesbury that the following By-Law be and the same is hereby
enacted and that the Clerk be and is hereby instructed
to forward
same to the Minister of Municipal Affairs with a request for his
approval thereof.
SWIMMING POOL BY-LAW
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 four inches, other than a existing natural body of water or
stream.
It shall also include privately owned pools belonging to
or connected 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.
(d) Town means the Town of Port Hawkesbury.
(e) Person means any firm, corporation, partnership, individual
or association.
Post-if" Fax Note
7671E Date
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To
From
Co./Dept.
Co.
Phone#
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This electronic version of this By-law is provided by the Clerk of the Town of Port Hawkesbury for your convenience and personal use only.
Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
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2.
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ENCLOSURES:
(a) Every owner of an outdoor pool within the Town shall erect
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and maintain around such pool an enclosure which shall extend from
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located that entry to the swimming pool area shall only be accessible i
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All fences
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(b) Every fence shall have a gate or gates of chain link fencing
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or of material of not less than equivalent strength which provides
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an equivalent degree of safety; and every gate shall be of at least
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the same height as the fence, be supported by substantial hinges
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and be equipped with self-closing, self-latching devices placed
at the top and on the inside of the gate.
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(c) Every gate shall be kept closed and locked at all times
when the pool is not in use~
(d) Any enclosure may have a wall or a wall of a building as
part of such fence, provided the said wall is at least five feet
in height and if the wall contains any openings which could provide
a means of access to the pool, that such openings be kept locked or
blocked at all times when such pool is not in use.
(e) 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 complies with existing By-Laws, it shall be deemed to
comply with this By-Law.
(f) No person shall permit any structures or material to be
placed or to remain adjacent to any swimming pool enclosure which
would provide a means of access over the top of the enclosure to
the pool.
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3.
SPECIFICATIONS:
(a) No swimming pool shall be constructed in the Town of Port
Hawkesbury unless a permit has been obtained therefor.
(b) To obtain a permit, plans and specifications must be submitted
to the Building Inspector.
If it appears that the plans and
specifications are in conformity with the requir~ments of this
By-Law and all other laws and ordinances applicable thereto, the
Building Inspector or the Town Council, as the case may be, shall
issue a building permit.
(c) Any inground swimming pool shall be a minimum of 5 feet from
the property lines at the back and sides of the property, measured
from the inside edge of the pool.
(d) Any inground swimming pool shall be located behind the
minimum setback line from the street.
4.
THIS BY-LAW SHALL COME INTO EFFECT:
(a) In respect of all new swimming pools, on the date of approval
by the Minister of Municipal Affairs; and
(b) In respect of all existing swimming pools, on the 60th
day after the date it was approved by the Minister of Municipal
Affairs.
5.
PENALTY:
Any person who violates any of the provisions of this By-Law
shall, on summary conviction, be liable to a penalty not exceeding
Two Hundred Fifty ($250.00) Dollars and in default of payment thereof,
to be imprisoned for a term not exceeding twenty (20) days.
C E R T I F I C A T E
This is to certify that the By-Law of which the foregoing
is a true copy was passed at a duly called meeting of the Town Council
of the Municipality of the Town of Port Hawkesbury duly held on
the
day of
1986.
Given under the hand of the Town Clerk and under the
Corporate Seal of the said Town this
1986.
day of
COLIN MacDONALD -
TOWN CLERK
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DEP/\RTMENT OF MUN!CIP1'.\L .f\l:::FA!f<; I
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