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THE CORPORATION OF THE
TOWNSHIP OF ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 61-2002
A BY LAW TO PROVIDE FOR THE OWNERS OF PRIVATELY-OWNED
OUTDOOR SWIMMING POOLS TO ERECT AND MAINTAIN FENCES
BY-LAW INDEX
Part 1
DEFINITIONS
1.1
Definitions
Chief Building Official - defined
Municipality - defined
Gate - defined
Hydro massage pool - defined
Maintain - defined
Replacement - defined
Self-closing device - defined
Self-latching device - defined
Swimming pool - defined
Swimming Pool Fence - defined
Part 2
GENERAL PROVISIONS
2.1
Administration - Chief Building Official
2.2
Application of by-law
2.3
Existing swimming pool fences - lawfully constructed and maintained
2.4
Maintain - swimming pool fencing - compliance with previous by-law
2.5
Replacement - swimming pool fencing - compliance - required
2.6
Swimming Pool Fence By-law - prevails
2.7
Existing Swimming Pool Fences - used by property abutting, portion conforms
Part 3
PROHIBITIONS
3.1
Construction - without permit
3.2
Swimming pool - not enclosed by fence
3.3
Construction - without temporary fencing
3.4
Construction - fence - non-conforming
3.5
Gate - without self-closing - self-latching device
3.6
Gate - self-latching device - distance above ground
3.7
Storage of materials - against outside of swimming pool fence
3.8
Replacement - existing fence - without permit
3.9
Swimming Pool Fence - maintain - in accordance with by-law
2
Part 4
APPLICATION FOR
SWIMMING POOL FENCE PERMIT
4.1
Application - to Chief Building Official - in writing - owner
4.2
Application - documentation to accompany - set out
4.3
Permit - issue - by Chief Building Official - conditions
Part 5
SWIMMING POOL FENCE REGULATIONS
5.1
Height - minimum requirements
5.2
Opening - maximum diameter
5.3
Opening - maximum diameter - exception - conditions
5.4
Ground clearance - maximum
5.5
Structural members - inside enclosure - prevent easy climbing - required
5.6
Construction - to prevent unauthorized entry
5.7
Height - measurement - from ground level
5.8
Gate - self-closing - self-latching
5.9
Gate - self-latching device - requirements
5.10
Temporary fence - required - during construction
5.11
Deck forms swimming pool fence
Part 6
UNDERTAKING TO ENSURE REPAIR
6.1
Boulevard crossing - by vehicles - deposit
6.2
Debris on streets - prevention - cleaned - by owner
Part 7
ENFORCEMENT
7.1
Fine - for contravention
7.2
Continuation - repetition - prohibited - by order
7.3
Default - not remedied - done at owner's expense
Part 8
REPEAL - ENACTMENT - SEVERABILITY
8.1
Severability
8.2
By-law - previous
8.3
Effective date
3
WHEREAS pursuant to paragraph 30 of section 210 of the Municipal Act,
R.S.O. 1990, c. M.45, as amended, a by-law may be passed to issue permits for
swimming pool fences and to prescribe safety standards for privately owned outdoor
swimming pools;
WHEREAS section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45, as
amended by section 10 of Schedule M of the Savings and Restructuring Act, 1996
provides that the Council may by by-law impose fees for services and activities provided
or done by or on behalf of The Corporation of the Township of Ashfield-Colborne-
Wawanosh;
AND WHEREAS it is expedient to impose fees for certain services
provided by the Municipality;
THEREFORE the Municipal Council of The Corporation of the Township
of Ashfield-Colborne-Wawanosh ENACTS as follows:
SHORT TITLE
SWIMMING POOL FENCE BY-LAW
Part 1
DEFINITIONS
1.1
Definitions
In this by-law:
Chief Building Official - defined
"Chief Building Official" shall mean the person appointed by the Municipal Council to
such position pursuant to the Building Code Act.
Municipality - defined
"Municipality" shall mean The Corporation of the Township of Ashfield-Colborne-
Wawanosh.
Gate - defined
"gate" shall mean any part of a swimming pool fence, which opens on hinges and
includes a door located in the wall of an attached or detached garage or carport, which
forms part of the swimming pool fence.
Hydro Massage Pool - defined
"hydro massage pool" shall include those pools commonly referred to as a hot tub, a
whirlpool, a Jacuzzi or a spa.
Maintain - defined
"maintain" shall mean to carry out repairs of any part or parts of a swimming pool fence
so that it can properly perform the intended function.
Replacement - defined
"replacement" shall mean the construction of a swimming pool fence that takes the place
of a swimming pool fence previously constructed.
Self-closing device - defined
"self-closing device" shall mean a mechanical device or spring, which returns a
swimming pool fence gate to its closed position within 30 seconds after it has been
opened.
4
Self-latching device - defined
"self-latching device" shall mean a mechanical device or latch which is engaged each
time the swimming pool fence gate is secured to its closed position; which will not allow
the swimming pool fence gate to be re-opened by pushing or pulling, and which will
ensure the swimming pool fence gate remains closed until unlatched by either lifting or
turning the device itself directly or by a key.
Swimming pool - defined
"swimming pool" shall mean a structure, basin, chamber or tank containing or capable of
containing water, and designed to be used for swimming or wading, that
(a)
has a depth of more than 60 centimetres (24 inches or 2 feet) at any
point; and
(b)
has a surface area of more than 18.5 square metres (200 square
feet); and
(c)
is not completely inside a building.
(d)
One piece, inflatable, above ground, backyard swimming pools
that come with a cover and are intended to be covered when not in
use and have a total surface area of 200 square feet or less and that
are set up for use during the summer months and then drained of
water and stored without water for the winter months, are exempt
from the requirement to obtain a building permit and from the
requirements of this by law.
Swimming Pool Fence - defined
"swimming pool fence" shall mean a wall, a structure or a building, which encloses a
swimming pool where structures include a fence combined with a deck.
Part 2
GENERAL PROVISIONS
2.1
Administration - Chief Building Official
This by-law shall be administered by the Chief Building Official.
2.2
Application of by-law
This by-law shall apply to all swimming pool fences constructed or replaced in the
Township of Ashfield-Colborne-Wawanosh.
2.3
Existing swimming pool fences - lawfully constructed and maintained
The provisions of this by-law shall not prevent the use of an existing swimming pool
fence if such swimming pool fence was constructed and has enclosed a swimming pool
from the date of its construction, and was built in accordance with the regulations of the
by-law existing at the time of construction and the swimming pool fence may be
maintained in accordance with such regulations.
2.4
Maintain - swimming pool fencing - compliance with previous by-law
Where any swimming pool fence was constructed to enclose a swimming pool in
accordance with the regulations that existed prior to the date of passing of this by-law, the
swimming pool fence may be maintained in accordance with such regulations.
2.5
Replacement - swimming pool fencing - compliance - required
Any time a swimming pool fence is replaced, the new fence shall be constructed in
accordance with the requirements of this by-law.
5
2.6
Swimming Pool Fence By-law - prevails
When a swimming pool fence is constructed so that it functions as a boundary fence
between two or more adjacent properties, in addition to its function as a swimming pool
fence, the provisions of this by-law prevail over any other Municipal by-law that
regulates fences.
2.7
Existing Swimming Pool Fences - used by property abutting,
portion conforms
Where a swimming pool fence has enclosed a swimming pool in accordance with
regulations that existed prior to this by-law and that swimming pool fence has been
maintained continuously in accordance with those regulations, and which swimming pool
fence also marks the boundary between abutting properties, that swimming pool fence
shall be deemed to be in conformity should a swimming pool be constructed on any of
the abutting properties to the extent of the shared portion of the swimming pool fence
between the two abutting properties. All other portions of the swimming pool fence that
enclose the newly constructed swimming pool shall meet the standards set out in this by-
law.
Part 3
PROHIBITIONS
3.1
Construction - without permit
No person shall construct or cause to be constructed a swimming pool without having
first obtained a swimming pool fence permit from the Chief Building Official.
3.2
Swimming pool - not enclosed by fence
No person shall construct or cause to be constructed a swimming pool which is not
completely enclosed by a swimming pool fence, in accordance with this by-law.
3.3
Construction - without temporary fencing
No person shall fail to enclose a swimming pool with temporary fencing during
construction.
3.4
Construction - fence - non-conforming
No person shall construct or cause to be constructed a swimming pool with a swimming
pool fence that does not conform to the requirements of this by-law.
3.5
Gate - without self-closing - self-latching device
No person shall fail to equip a swimming pool fence gate with a self-closing device and a
self-latching device.
3.6
Gate - self-latching device - distance above ground
No person shall construct or maintain a swimming pool fence gate with an outside
opening self-latching device less than 122 centimetres (48 inches) above ground level.
3.7
Storage of materials - against outside of swimming pool fence
No person shall place or store materials against the outside of a swimming pool fence.
3.8
Replacement - existing fence - without permit
No person shall replace a swimming pool fence without having first obtained a
swimming pool fence permit from the Chief Building Official.
3.9
Swimming Pool Fence - maintain - in accordance with by-law
No person shall fail to maintain a swimming pool fence in accordance with this by-law.
6
Part 4
APPLICATION FOR
SWIMMING POOL FENCE PERMIT
4.1
Application - to Chief Building Official - in writing - owner
An application for a permit to erect a new swimming pool fence or for the replacement of
an existing swimming pool fence shall be made by the owner or his or her agent, in
writing to the Chief Building Official on such forms as may be prescribed in the Building
By-Law.
4.2
Application - documentation to accompany - set out
All such applications shall be accompanied by the following:
(a)
plans showing the location of the proposed swimming pool
including all enclosing swimming pool fences, together with full
details of each entrance and showing the location of all proposed
swimming pool equipment such as filters, slides and heaters;
(b)
the applicable fee as prescribed in Schedule 'A' of the "Building
By-Law" for the Township of Ashfield-Colborne-Wawanosh;
(c)
an undertaking to repair damage to Municipal property as required
by this by-law.
4.3
Permit - issue - by Chief Building Official - conditions
The Chief Building Official shall issue a permit for a swimming pool fence where the
plans submitted appear to comply with all applicable regulations and the requirements of
the by-law have been met.
Part 5
SWIMMING POOL FENCE REGULATIONS
5.1
Height - minimum requirements
Every swimming pool shall be enclosed by a swimming pool fence, which shall extend
from the ground to a height of not less than 153 centimetres (60 inches).
5.2
Opening - maximum diameter
Except as provided in section 5.3 of this by-law, every swimming pool fence referred to
in section 5.1 of this by-law shall not have any openings that would allow the passage of
a spherical object having a diameter greater than 3.8 centimetres (1.5 inches).
5.3
Opening - maximum diameter - exception - conditions
For other than chain link fences, where the vertical distance between each horizontal rail
measured from the top of each rail is 1.2 metres (4 feet) or greater, the openings in the
fence are permitted to be greater than 3.8 cm (1.5 inches) but not greater than that which
would allow the passage of a spherical object having a diameter of 10 cm (4 inches).
5.4
Ground clearance - maximum
Every swimming pool shall be enclosed by a swimming pool fence which has a clearance
from the ground to the under side of the swimming pool fence that would prevent the
passage of a spherical object having a diameter of 10 centimetres (4 inches).
5.5
Structural members - inside enclosure - prevent easy climbing
- required
Every swimming pool shall be enclosed by a swimming pool fence which has all its
horizontal structural members located inside the enclosure to prevent easy climbing
unless the swimming pool fence has no openings greater than 3.8 cm (1.5 inches) and the
horizontal members are at least 0.6 metres (2 feet) apart.
5.6
Construction - to prevent unauthorized entry
Every swimming pool shall be enclosed by a swimming pool fence, which is of sturdy
construction, capable of preventing unauthorized entry.
7
5.7
Height - measurement - from ground level
The height of the swimming pool fence shall be measured from ground level on the
outside of the enclosure.
5.8
Gate - self-closing - self-latching
Every gate on a swimming pool fence shall be equipped with a self-closing device and a
self-latching device.
5.9
Gate - self-latching device - requirements
A self-latching device shall be located on the poolside at the top of the gate and shall be
locked or latched at all times except when the pool is in use by the owner or the owner's
duly authorized agent.
5.10
Temporary fence - required - during construction
During all phases of construction temporary fencing shall be in place such that
unauthorized access is prevented.
5.11
Deck forms swimming pool fence
Where a deck forms part of the swimming pool fence, it shall meet all regulations in Part
5 of this by-law.
Part 6
UNDERTAKING TO ENSURE REPAIR
6.1
Boulevard crossing - by vehicles - deposit
Every person erecting, altering, repairing or demolishing a swimming pool fence within
the Township of Ashfield-Colborne-Wawanosh who permits the crossing of curbing,
sidewalks, or paved boulevards by vehicles delivering materials to or removing materials
from abutting lands shall deposit with the Chief Building Official upon application for a
swimming pool fence permit and prior to the commencement of any work, a completed
undertaking to repair any damage to Municipal property such as any damage to the
sidewalks, curbing or paved boulevard or to any water service box or other service
therein caused by the crossing of such vehicles.
6.2
Debris on streets - prevention - cleaned - by owner
The owner of any lands on which any swimming pool fence is being erected, altered,
repaired or demolished shall take all necessary steps to prevent building material, waste
or soil from being spilled or tracked onto the public streets by vehicles going to or
coming from the lands during the course of the erection, alteration, repair or demolition
and shall be responsible to the Municipality for the cost of removing such building
material, waste or soil and the cost of repairing any damaged curbing, sidewalks, or
paved or grassed boulevards.
Part 7
ENFORCEMENT
7.1
Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction, guilty of
an offence and is liable to a penalty of not more than $500.00 exclusive of costs for a first
offence and a fine of not more than $1,000.00 exclusive of costs for each subsequent
offence; and such fines and costs shall be recoverable pursuant to the Provincial Offences
Act.
7.2
Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person convicted, and such order shall be in addition to any other penalty
imposed on the person convicted.
8
7.3
Default - not remedied - done at owner's expense
Where anything required to be done in accordance with this by-law is not done, the Chief
Building Official for The Corporation of the Township of Ashfield-Colborne-Wawanosh
appointed pursuant to the Building Code Act may, upon such notice as he deems suitable,
do such thing(s) at the expense of the person required to do it and such expense may be
recovered by action or in like manner as municipal taxes.
Part 8
REPEAL - ENACTMENT - SEVERABILITY
8.1
Severability
Should any Section, Subsection, Clause or Provision of this by-law be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of this by-
law as a whole or any part thereof, other than the part so declared to be invalid.
8.2
By-law - previous
All previous swimming pool fence By-laws of the former municipalities comprising the
Township of Ashfield-Colborne-Wawanosh, are hereby repealed.
8.3
Effective date
This by-law shall take effect on the final passing by the Township of Ashfield-Colborne-
Wawanosh.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 22nd DAY
OF AUGUST, 2002.
______________________________ ___________________________________
Original signed by
Original signed by
Reeve, Ben Van Diepenbeek Administrator/Clerk-Treasurer, Mark Becker