By-law 2018-41 Swimming Pools and Enclosures By-law — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 4cefecc053e7 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE CORPORATION OF THE TOWNSHIP OF ASPHODEL-NORWOOD ## BY-LAW NUMBER 2018-41 Being a By-Law to establish certain provisions with respect to the installation of swimming pools / pools and enclosures ## WHEREAS Subsection 130 of the Municipal Act, 2001, S.O. 2001, c. 25, as mended, enables the Council to pass by-laws relating to the satet ind well being of the inhabitants of the municipality an Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, lower tier Tences aldsigmay pass bylaws respecting structures including ## NOW THEREFORE The Council of the Township of Asphodel-Norwood hereby enacts as follows. ## TITLE 1. This by-law may be cited as the "Pool By-law" or the "Swimming Pool Enclosure By-law". ## DEFINITIONS 2. In this by-law: 2. (a.) "Chief Building Official" means the agent or employee appointed by the Corporation of the Township of the Township of Asphodel-Norwood to enforce the provisions of the Building Code Act and this By-law, and includes employees or authorized assistants acting under his/her direction. 3. (b.) "Corporation" means the Corporation of the Township of AsphodelNorwood. 4. (c.) "Enclosure" means any combination of fence, wall or other structure, including gates surrounding a pool to restrict access. 5. (d.) "Farm Pond" means any natural or artificial body of water used for the purposes of providing water for livestock or for irrigation of crops. 6. (e.) "Grade" means the elevation of the finished surfaces immediately surrounding the outside of the enclosure. 7. (f.) "Guard" means a guard constructed in accordance with the Ontario Building Code. 8. (g.) "Hydro-massage pool" means those pools commonly referred to as a hot tub, whirlpool tub, Jacuzzi or spa. 9. (h.) "Maintain" means to keep a swimming pool enclosure in a condition that meets the requirements of this by-law and to preserve the condition of the swimming pool enclosure from failure or decline in order to ensure safety and strength. 10. (i.) "Permit" means permission or authorization in writing from the Chief Building Official to erect enclosures around swimming pools as regulated by this by-law. 11. (j.) "Pool Fence" means a vertical barrier constructed of chain link, wood, fibreglass, metal or other materials to enclose an area. A pool fence may include a gate. 12. k.) "Gate" means a part of a fence that is removable therwise used as a barrier to block or close access. A gate may 13. (I.) "Self Latching Device" means an automatic locking device attached to a fence, gate, or door which prevents access from the outside. 14. (m.) "Self Closing Device" means a device or combination of devices, spring or hinges capable of returning the enclosure to a closed and latched position after each use. 15. (n.) "Storm Water Management System" means any man made or natural facility designed for the treatment, retention, infiltration, or control of storm water, including drainage works and retention ponds. 16. (o.) "Swimming Pool / Pool" means any structure, base, chamber or tank containing or intended to contain a body of water, located outdoors on privately owned property, in which the depth of the water at any point can exceed 457mm (18 inches), and is used or is capable of being used for swimming, wading, diving or bathing; but shall not include a storm water management system, facilities and ponds used for water hazards, or irrigation of a golf course, hot tubs, facilities for the purposes for providing water to livestock or for irrigation of crops which are associated with and on land devoted to the practice of farming. 17. (p.) "Owner" includes a lessee, tenant, or person in possession of property on which a privately owned outdoor swimming pool is located. ## GENERAL REQUIREMENTS 3. Every owner of an outdoor swimming pool shall ensure that an enclosure around such a pool is constructed and maintained according to the provisions of this by-law. 4. No person shall place water in a pool in the Township of Asphodel-Norwood unless an enclosure has been erected in accordance with the provisions of this by-law. The Municipality must be contacted for an inspection of an enclosure prior to water being placed in the pool. 3. No person shall allow water to remain in a pool in the Township of Asphodel-Norwood unless an enclosure has been erected in accordance with the provisions of this by-law. ## PERMIT 6. No person shall construct or install or cause to be constructed or installed a swimming pool without first having obtained a pool permit from the Township of Asphodel-Norwood. 2. To obtain a permit the owner shall file an application in writing by completing a prescribed form available at the office of the Chief Building Official. 3. Despite Section 6, a permit is not required in the case of a pool which has been dismantled and is being reconstructed in the same position and the same manner in which it was previously located provided that: 4. (a.) a permit was obtained for the original installation, 5. (c.) the pool enclosure has remained in place and has not been modified since the original installation. 6. (b.) the reinstallation meets the requirements of all currently applicable by-laws, and 7. Except as otherwise permitted by the Chief Building Official, every application shall: 8. (b.) describe the land on which the pool is to be located by a description that will readily identify and locate the building lot; 9. (a.) identify and describe in detail the work to be covered by the permit for which an application is made; 10. (c.) be accompanied by two (2) complete sets of plans showing details of the enclosure as well as its relationship to lot lines, buildings and fences; 11. (d.) be accompanied by the fee as established in the Township of Asphodel-Norwood fees and charges by-law as amended; and 12. (e.) state the names, addresses and telephone numbers of the owner and contractor performing the work. 10. An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the date of filing, unless there is substantial evidence that action is being taken to complete the permit requirements; and any extension will be at the discretion of the Chief Building Official and/or designate. ## MANDATORY POOL ENCLOSURES 11. Any exterior access points within a pool enclosure leading to a terrace, patio, steps or deck adjoining a swimming pool must be closed by a door or a gate. This door or gate must be self-closing, self-latching and be kept locked when the pool is unoccupied or without supervision. 12. When an enclosure is not erected or maintained, in accordance with the provisions of this by-law, the Chief Building Official shall send a notice by registered mail or by personal delivery to the owner of the land on which the pool is located, at the last known address requiring the owner to make the enclosure conform to the requirements of this by-law and the notice shall specify the time allowed for compliance. 13. Where a notice has been sent by the Chief Building Official pursuant to Section 14, and the requirements of the notice have not been complied with, the Corporation may cause an enclosure to be erected or otherwise made safe and/or have the pool drained of water and the cost of the work shall be paid for by the owner in a like manner as taxes. ## REQUIREMENTS RELATING TO A POOL FENCE, GATES, DOORS AND DECKS - 14. - proportionate to the adjacent ground level, without exceeding the maximum height established in Fence By-law 2009-25. Any fence to enclose a pool area shall extend from grade level to a minimum vertical height of: - i. 1.22m (4ft) in the case of a privately owned outdoor swimming pool serving a detached or semi detached dwelling unit or a multi family development of not more than four (4) dwelling units; - ii. 1.83m (6ft) in the case of a privately owned outdoor swimming pool serving a multiple family development containing more than four (4) dwelling units; or a commercial development, such as a hotel, motel, swimming pool sales display or a club. - (b.) The pool fence that forms part of this enclosure: - i. must be constructed solidly, capable of supporting a load similar to that requirements for guards as described in the Ontario Building Code; - ii. pool fences and gates must be constructed in such a manner as to reasonably deter children from climbing; - ili. must not have rails or any other horizontal or diagonal support or exterior fixtures that might facilitate climbing; - iv. must not have openings that would permit the passage of a spherical object with a diameter of 100mm (4 inches) or more, except that chain link fences shall be limited to 38mm (1 1/2" inches) openings; - v. must not contain a mechanism that permits electric current to run through the fence; - vi. must not be constructed with snow fence, barb wire, sharp objects or any other dangerous characteristics - vii. the distance between ground level and the pool fence must not exceed 100mm (4 inches); - vili. be located not closer than 1.22 m (4 ft) to a pool. - (c.) Gates forming part of a pool fence shall be: - i. of similar construction as for the pool fence; - ii. of the same height or higher than the pool fence; - ili. supported with strong hinges; - iv. equipped with self-closing and self-latching devices. The selflatching device must be installed at more than 1.22 m (4 ft) high proportionate to the ground level or adjacent floor or step; and - v. be lockable. - (d.) Gates forming part of a guard on a deck, steps or raised patio must: - i. be of rigid construction, capable of supporting loads as described for guards in the Ontario Building Code; ## POOL EQUIPMENT 15. A swimming pools pumping, filtration or heating equipment must be situated: 2. (a.) at least 1.22m (4ft) from an interior side yard lot line or from a back yard lot line 3. (b.) at least 1.22m (4ft) from the pool unless it is installed under a deck adjacent to the pool located within the pool enclosure; or 4. (d.) no person shall place or store materials against the outside of a swimming pool fence. 5. (c.) in such a manner as to not facilitate climbing to access the pool; ## POOL LOCATION 16. A swimming pool shall be considered as an accessory use or structure and shall be located on a lot as per the Township of Asphodel-Norwood Zoning by-law as amended. ## ABOVE GROUND POOL (Solid wall acting as an enclosure) 17. Above ground pools with a solid wall acting as an enclosure must conform to the following; 2. (a.) Above ground pool vertical walls can be considered as a pool enclosure provided that such wall is at least 1.22m (4ft) in height or be equipped with a handrail and guards in compliance with this by-law. Such required height shall be measured from the highest finished grade within a horizontal distance of 1.22m (4ft) to the pool. 3. (c.) No guards may be added to the top of a pool wall that is less than the minimum height of 1.22m (4ft) or as described in section 16. 4. (b.) An above ground pool totally or partially surrounded by a walkway adjacent to the pools ledge, must be surrounded by a guard of a minimum height of 1.22m (4ft) from the top of the deck. This walkway must not be built in a manner that could facilitate climbing. - ii. be a minimum height of 10.70mm (42 inches) equal to the adjacent floor or to the top of the last step adjacent to the gate; - iii. be constructed with two vertical extensions of similar construction at a minimum width of 0.3m (1 foot) on each side. - iv. be supported with hinges; - v. be equipped with a self-closing device and self-latching device. Such device must be installed at the top and inside of the gate; - vi. be constructed without horizontal or diagonal members which could facilitate climbing; and - vil. a lockable gate shall be incorporated as part of the deck and guard system; - vili. deck and guard construction shall comply with regulations as described in the Building Code Act ## HYDRO MASSAGE POOL 18. An enclosure for a hydro massage pool must include a secure cover of rigid material locked in place over the opening at all times when the structure is not occupied, and no person shall leave a hydro massage pool without first locking the cover in place to prevent access when the structure is not occupied. Where no cover and lock is supplied and/or evident the owner shall comply with pool enclosure by-law criteria ## GROUND ELEVATION 19. The installation of a pool shall comply with the following grade and drainage requirements. 2. (a.) the installation of a swimming pool or fence shall not alter in any way the existing storm-water drainage patterns for the premises. 3. (b.) the installation shall include facilities to effectively conduct backwash water to a storm sewer, where available or a drainage ditch in such a manner as to prevent damage to adjacent properties. ## CONTRAVENTION 20. Every person who contravenes any provisions of this by-law or causes or permits any such contravention is guilty of an offence and on conviction is liable to a fine of not more than $5000.00 exclusive of costs pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33 ## TRANSITION 21. Above ground pools in excess of 1.22m (4ft) above grade erected prior to the passage of this by-law need not comply with the provisions of this bylaw provided that; 2. (a.) The exterior side of the swimming pool structure and the outside face of any guard are constructed in a manner that will not facilitate climbing; 3. (b.) A guard of not less than 0.914m (3ft) in height is provided around any platform or deck 4. (c.) The combined height of the exterior sides of the swimming pool and any guard attached thereto is a minimum of 1.22m (4ft) and the maximum of 2.43m (8ft) above adjacent grade, and; 5. (d.) The outside face of a pool structure shall be located at least 1.22m (4ft) from any lot line. 22. Any pool erected without a pool fence must comply with the provisions of this by-law. 23. When a pool fence or pool enclosure is replaced, it must comply with this by-law. 24. With respect to temporary pools that are dismantled in the Fall of any given year, no additional permit is required after the issuance of the initial permit provided that the size, shape and location of the pool remain the same. 25. Nothing in this by-law shall prevent the continued use and maintenance of a fence as part of an enclosure if such fence was lawfully erected in conformity with the provisions of a previous Swimming Pool Enclosure Bylaw of a former municipality and said fence remains in use. ## ADMINISTRATION AND ENFORCEMENT - The Chief Building Official and/or designate is responsible for the administration and enforcement of the by-law. ## GENERAL PROVISIONS 27. The provisions of this By-law shall apply to all lands and premises within the Corporation of the Township of Asphodel-Norwood. 28. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such Section shall be construed as being severed from this By-law and the remainder of this By-law shall continue in full force and effect. 29. That By-law 2006-24 of the Township of Asphodel-Norwood shall be repealed in its entirety. 30. The provisions of this By-law shall come into force and effect upon third reading hereof. Read a first, second, and third time and finally passed this 24 day of July, 2018   Terrence J. Low, Mayor Candice White, Clerk