Swimming Pool Fencing By-law 05-27 (Consolidated) — full text

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## The Corporation of the Township of Adjala-Tosorontio ## By-law 05-27 (Consolidated - as amended) ## SWIMMING POOL FENCING BY-LAW ## A by-law to require fences around private outdoor swimming pools | | Consolidation | | |-----------------|---------------------|--------------| | Amendment No. 1 | | By-law 13-17 | June 3, 2013 | ## Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. Th Township of Adjala-Tosorontio does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes, only if you repeat this disclaimer. Official versions of all Bylaws can be obtained from the Township Clerk's Department 705-434-5055. By-law 13-17, June 3, 2013 ## THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTO ## BY-LAW 05-27 ## A BY-LAW TO REQUIRE FENCES AROUND PRIVATE OUTDOOR SWIMMING POOLS (Swimming Pool Fencing By-law) WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 8, as ND WHEREAS Section 11, of the Municipal Act, provides that a lower-ti unicipality may pass by-laws respecting matters within the spheres ( jurisdiction set out therein; Too it dens the Councl to pas Such on of the Township Adila- NOW THEREFORE the Council of the Corporation of the Township of AdjalaTosorontio enacts as follows: ## 1. DEFINITIONS - 1.1 "DESIGNATED OFFICIAL" Designated Official - 1.2 "ENCLOSURE" shall mean a fence, wall or other structure, including doors and gates, surrounding a privately owned outdoor swimming pool to restrict access thereto. - "SWIMMING POOL" shall mean an outdoor body of water contained in part or in whole by artificial means, which hold water in excess of ghteen (18) inches in depth which is located on private property an hich is not a Public Pool as defined under the Ontario Buildina Cod ## 2. ENCLOSURES - 2.1 No person shall construct a Swimming Pool or erect a fence around - 2.2 No person shall have a Swimming Pool in the Municipality unless the area is completely enclosed by fencing in compliance with the following requirements: ## In Ground Pool - a) Such fencing, including gates therein shall extend from the around to the height of not less than 1.22 metres (4 feet) and shall fulfill the intent of prohibiting unauthorized trespass into the - b) lave no rails or other horizontal or diagonal bracing ( ttachments on the outside face that may facilitate climbing between 10 millimetres (4 inches) and 1.22 metres (4 feet) from - c) Vertical Board - A fence of vertical board construction shall: - i) Have vertical boarding 25 millimetres (1 inch) thick nominal attached to a top and bottom rail in such nanner as to not facilitate climbing from the outside Such vertical boards must not be less than 23 millimetres × 100 millimetres x 100 millimetres (1 inch x 4 inches) nominal and must be spaced not more than 100 millimetres (4 inches) apart. 5. il) extend at least 1.2 metres (4 feet) into the ground and be securely embedded therein. The portion below grade shall be treated with an approved wood preservative or be of pressure treated wood. 6. iv) Have no openings that would allow the passage of a spherical object having a diameter larger than 100 7. of the Designated Official. - e) Shall have no part consisting of barbed wire or have no similar dangerous characteristics such as a device for projecting electric current through the fence. 9. A wall or walls of a building or buildings may form part of such ence provided that all doors affording access from a buildin lirectly to an enclosed Swimming Pool area, other than door located in a dwelling unit, are equipped with a self closing device and self-latching device located not less than forty-eight (48) ## Above Ground Pool Only the ladders or stairs providing access to an above ground poo need to be enclosed in accordance with the By-law provided th following conditions are maintained: - ii) Pumps, air conditioners, heaters, filters or other appliances or equipment shall be located not less than 1.2 ## Spas Outdoor spas need not be enclosed by a pool enclosure provided they are enclosed by a solid, locked cover that is secured over the entire water surface when the area surrounding the spa is unattended by a ## 3. FEES - 3.1 The fee for issuance of a permit under this By-law shall be in accordance with the Township Fees and Charges By-law, as amended. (By-law No. 13-17) ## 4. ADMINISTRATION AND ENFORCEMENT - 4.1 The administration and enforcement of the By-law shall be under the authority of the Designated Official of the Corporation of the Township Adjala-Tosorontio. - 4.2 he provisions of this By-law shall apply to all installations or alteration f privately owned outdoor Swimming Pools regardless of the date o construction of such Swimming Pool. ## 5. OFFENCES - 5.1 Any person who contravenes any section of this By-law is guilty of an offence and liable upon conviction to a fine of not more than $5,000 pursuant to and recoverable under the Provincial Offences Act, as amended from time to time. ## 6. REPEAL OF EXISTING BY-LAW - a. By-law 97-56, as amended, is hereby repealed. ## IN FORCE - a. This By-law shall come into force and take effect from the date of passage hereof. THAT, notwithstanding anything contrary to the rules of procedure, this By-law be introduced and read a first and second time and be considered read a third time and finally passed this 2nd day of May, 2005.  Mayor Tom Walsh Office Consolidation Clerk Barb Kane metres (3.94 feet) from the top rail of the pool walls or shall be enclosed in accordance with this By-law. ## Sign Permit Up to 32 sq. ft. Up to 64 sq. ft. Over 64 sq. ft., plus applicable building permit fee 100.00 175.00 250.00 ## Sign Non-Compliance Monthly fee for signs that require a permit and that are erected without the issuance of a permit, charged until compliance is Up to 32 sq. ft. Up to 64 sq. ft. Over 64 sq. ft. 500.00 750.00 1,500.00 ## Dog Licensing ## Annual Fee for Licensing Dogs Neutered/spayed prior to and including March 31st Intact prior to and including March 31st Neutered aped as of April 191 Replacement dog tag 22.00 35.00 40.00 50.00 0.50 ## Annual Fee for Licensing Dangerous Dogs Neutered/spayed on or before March 31st Intact on or before March 31st 150.00 250.00 ## Handling Fee Seized impound charge - per day 1st time dog is seized 2nd time dog is seized 3rd and any subsequent occurrence Euthanasia 25.00 25.00 50.00 100.00 Vet Charge ## Kennel License Application Fee Annual Renewal 100.00 75.00 ## Swimming Pool Fencing Permit Fence for Swimming Pool 100.00 Excerpt from Fees and Charges By-law No. 16-36 ## Schedule "E" To By-law No. 16 - 36 ## BY-LAW AND ENFORCEMENT FEES AND CHARGES FEE ## Scheduled "E" To By-law No. 16 - 36 ## BY-LAW AND ENFORCEMEN' EES AND CHARGE ## Source Water Protection FEE Each property on municipal water will be issued a flat fee for septic system inspections which will be added to the third Enforcement of Risk Management Plan, per hour plus all lega and other cost. Inspection of Septic Systems not billed within the Municipal Water Systems Inspection for Compliance with Risk Management Plan or to investigate a potential threat, per hour 15.00 100.00 100.00 100.00 100.00 100.00