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THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE
BY-LAW No. 21 of 2020
BEING A BY-LAW TO REQUIRE OWNERS OF PRIVATELY OWNED OUTDOOR
SWIMMING POOLS TO ERECT AND MAINTAIN FENCES AND GATES AROUND
SUCH SWIMMING POOLS AND TO PROVIDE FOR THE ISSUANCE OF A PERMIT
THEREFORE.
WHEREAS Section 11 (3), Par 7, as amended, of the Municipal Act, S.O. 2001,
c.25, a lower-tier municipality may pass by-laws, subject to the rules set out in
subsection (4), respecting matters within structures, including fences and signs;
NOW THEREFORE the Municipal Council of the Corporation of the Township of
Adelaide Metcalfe enacts as follows:
1. That no person shall construct, erect, maintain or keep within the Township of
Adelaide Metcalfe any fence in contravention of the provisions of this by-law,
unless such fence was erected in compliance with the predecessor of this by-law
and is not moved, altered or enlarged in any way.
2. Definitions
For the purposes of this by-law, the following definitions shall apply:
a) Building Line - shall mean the regulatory or established building line as
defined by the applicable zoning by-law affecting the property affecting
the property.
b) Building Envelope - shall mean the area of a lot within which a principle
building could be constructed in compliance with the site development
specifications as outlined in the applicable zoning by-law.
c) Farm Fence - shall mean a fence erected for the purposes of containing
livestock, enclosing crops, water areas, woodlots, buildings, fields,
manure pits, or laneways for the operation of agriculture.
d) Fence - shall mean a structure of vertical, horizontal or diagonal
members of any combination thereof, erected as a barrier, enclosure or
demarcation outside the building envelope. A hedge shall not be used as
a fence for the purposes of this by-law.
e) Fence Height - shall mean the measurement from the base of the fence
at grade of the highest adjacent ground to the finished top of the fence.
Pool Fence By-law
No. 21 of 2020
Page 2 of 9
f) Front Lot Line - shall mean the lot line that divides the lot from the street
as set out in Schedule 'A'.
g) Privately-Owned Outdoor Swimming Pool - shall mean a swimming pool
having water depth of 610 mm (24 in) or more at any point and is located
on private property under the control of the owner or occupant, which has
be designed for swimming, wading, diving or bathing, but shall not include
an existing natural body of water or watercourse in the areas zoned
agricultural, rural residential, or open space in the applicable zoning by-
law, but shall include a hot tub.
h) Shadow Fence - shall men a fence consisting of alternating vertical
boards on both sides of a top and bottom rail.
i)
Snow Fencing - shall mean a fence commonly used for the control of
snow.
3. Fencing of Privately-Owned Outdoor Swimming Pools
No person shall construct or maintain a privately-owned outdoor swimming pool
unless the pool or the land on which such pool is located is fenced or enclosed in
accordance with the following provisions and Schedule 'B':
a) Every such fence shall be not less than 1.22 m (4 ft)
b) Every such fence shall be so constructed that all horizontal or diagonal
members shall be located on the pool side of the fence
c) Every such fence shall be composed of:
i.
Chain link construction 38 mm x 38 mm (1.5 in x 1.5 in) mesh; or
ii.
Vertical members where the spacing between such vertical
members is greater than 25 mm (1 in) but no greater than 50 mm
(2 in) and the horizontal rails are a minimum of 1.1 m (3.5 ft) apart;
or
111.
Vertical members where the spacing between such vertical
members is no greater than 25 mm (1 in);
iv.
Shadow fencing where the spacing between the vertical members
does not exceed the width of the member being used and the
horizontal rails are a minimum of 1.1 m (3.5 ft) apart;
Pool Fence By-law
No. 21 of 2020
Page 3 of 9
v.
The use of wood lattice is permitted for the top portion of any of the
fence as follows:
vi.
(a)
vii.
(b)
a) Where the fence is a maximum height of 1.5 m, wood lattice
for the top portion shall not exceed 300 mm (1 ft)
b) Where the fence is a maximum height of 1.8 m, wood lattice
for the top portion shall not exceed 600 mm (2 ft)
Above Ground Pools
A vertical iron bar fence shall be permitted for protection on
the upper portion of an above ground pool provided the
sides of the pool are a minimum of 1.1 m (3.5 ft) above
grade and the spacing of the bars does not exceed 100 mm
(4 in), centre to centre.
lnground Pools
A vertical iron bar fence shall be permitted for protection of
inground pools provided the spacing of the bars does not
exceed 100 mm (4 in), centre to centre, and all horizontal
rails are a minimum of 1.1 m (3.5 ft) apart.
d) Where the fence required for a privately-owned outdoor swimming pool
will abut an existing embankment, retaining wall, fence or structure, or
thing such that the protection provided by the separation is negated, the
minimum separation of 1.22 m (4 ft) is required as shown in Schedule 'C'
e) Every such fence shall be constructed so that the only means of entry is
by gates or doors of not less than 1.22 m (4 ft) in height and such gate or
door shall be capable of being locked.
f) A dwelling, building or accessory building, or part thereof, may be used to
enclose a pool;
g) In the case of a above ground privately-owned outdoor swimming pool
where the walls of the pool satisfy all of the requirements otherwise
required for fences which enclose swimming pools, no other fence is
required;
h) Where two (2) pools have been installed on adjacent lots, the fence
separating such pools shall be a minimum of 1.22 m (4 ft) in height;
Pool Fence By-law
No. 21 of 2020
Page 4 of 9
i)
The provisions of this by-law shall not apply to any pool which is subject to
the regulations under the Health Protection and Promotion Act, R.S.O.
1990, C. H.7
4. No person shall excavate for, erect or construct a privately-owned outdoor
swimming pool without first submitting the following plans and obtaining a permit:
a) A plot showing the location of such pool and all other structures on the lot
and within 1.22 m (4 ft) of any adjacent lot;
b) The types of materials to be used for fencing and gates as well as the
height and construction design.
5. All pools, including pool accessories such as sheds and walkways, shall be a
minimum of 1 m (3 ft) from side and rear lot lines.
6. The use of any device for projecting an electric current through or in conjunction
with a fence is prohibited except on farm fences in any agricultural zone as
defined by the applicable zoning by-law.
7. Repeal-Enactment
a) By-law No. 40 of 2001, and By-law No. 12 of 2001 are hereby repealed;
b) This by-law shall come into full force and effect on day of passing.
Read a first, second, and third and final time and finally passed this 4th day of May,
2020.
~
Kurtis Smith, Mayor
SCHEDULE 'i
FOOfT LOT Utra
EO<IE OF lnAVEUEO l'ORllOtl QF HIQ W
STREET
.
Pool Fence By-law
No. 21 of 2020
Page 5 of 9
FROJECTEO
IITEfr,;tCTIOII
QI' lOOE OF
TRAV?:lltO
PQATIOII
,.
. Sect I 6 n. 3 (c)(lv) .='
Stiodow ·Fenco
NOTE-
Boord spocinQ lo bo r<> Qteol,r lhcll
booed widlh
h>p viow I I I I I
SCHEDULE 's'
Sectlo.n 3 (c)(i)
Chain . Link
Pool Fence By-law
No. 21 of 2020
Page 6 of 9
Sect Ion. 3 (c)(il){ill)
Solld Board Fence -
Boord -P4~ mi 111<1~ ~IMi
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.SCHEDULE
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FENCE
TYPE
Section 3(c)(v)(~)
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Pool Fence By-law
No. 21 of 2020
Page 7 of 9
Wood
Boord.s
:::;:::-,--
1JJ~$:;::;:=?~:.....:..· -
lloritOlllol rolls lo pool 4ldt
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Sect I on. 3 (9 )(v)(b)
24"Wood Lattice
lf~ON BAR FENCES
ABOVE GROUND'POOLS
(I)
VERT~ L
01ROtl 8AR FERCE
◄"o .c. Mai.
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INGROUNO POOLS
VERT
BAR
!CAL IRO«
FENCE 4110.C, Mal.
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SCHEDULE 'a'
Sec.
a·(c)(v1)
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t=lota , All horlrontt:il rolls minimum of Hm apart and to pool aldo of fonco.
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Pool Fence By-law
No. 21 of 2020
Page 8 of 9
--
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e
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1 .....
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EXISTING
. .
CUMSABLE FENct
OR OTHER.
UNACCEPTABLE
STRUCTURE
!50m
SCHEDULE 'c'
REQUIRED
FENCE
LOCATION OF
REQUIRED
fEIICE
_Sectipn 3_ (d)
POOi..'
POOL
Pool Fence By-law
No. 21 of 2020
Page 9 of 9
~
FIG. 2