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BYLAW REGARDING POOLS AND FENCING
BYLAW #200610
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BEING A BYLAW TO REGULATE OUTDOOR SWIMMING POOLS
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WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 11(1)7, authorizes the passing
of a bylaw requiring the owners of privately owned outdoor swimming pools to obtain a
permit for the installation and to erect and to maintain fences and gates around such
pools;
AND WHEREAS the Corporation of the Township of Athens deems it desirable to enact
such a bylaw;
NOW THEREOFRE the Council of the Corporation of the Township of Athens enacts
as follows:
1.
DEFINITIONS
a) Privately Owned Outdoor Swimming Pool means any artificial body of
water located outdoors on privately owned property, including soft sided pools,
in which the depth of the water at any point can exceed twelve (12) inches and is capable
of being used for swimming, wading, diving or bathing.
b) Enclosure means a fence, wall or other structure including doors and
gates surrounding a privately owned outdoor swimming pool to restrict access thereto.
c) Owner means a person in possession of the property and includes a lessee
or tenant on which the swimming pool is located.
d) Person means an individual, firm, corporation, association or partnership.
2.
REGULATIONS
2.1
General
a) No person shall erect, construct or excavate for an outdoor swimming pool
until the required permit has been issued and approval of the plans for the
fence and gates has been granted.
b) No person shall fill a privately owned outdoor swimming pool with water,
or allow water to remain therein, until the provisions of this bylaw have been complied
with respecting swimming pool fences.
c) No swimming pool shall be located within the minimum front yard
or minimum exterior side yard nor closer than 3 m (9.84 ft.) to any rear or interior side lot
line.
d) The owner of a privately owned outdoor swimming pool shall erect
and maintain completely around such swimming pool a fence in accordance with the
provisions of this bylaw. The intention of this fence is to reduce the potential of
unsupervised access by small children.
2.2
Enclosures
a) Every enclosure shall:
1. have an exterior facing extending from within 5 cm (2 inches) above
grade to a height of not less than 1.2 m (4 feet) above grade, measured
from the grade level on the side of the fence facing away from the pool.
2. be of a closeboarded, chain link, metal picket or other approved
design, to reasonable deter children from climbing it to gain access to the enclosed area;
3. have no attachments or bracing on the exterior facing of the fence
within a height of 1.2 m (4 feet) of the grade level which might
facilitate climbing;
4. have no barbed wire or similar dangerous characteristics and shall
have no device for projecting an electric current;
5. be rigidly constructed to prevent entry/access to the enclosed area;
6. be located no closer than 1 m (3 feet) from the edge of any outdoor
pool; and
7. only have entry or access as permitted and described in this bylaw.
b) Where an outdoor swimming pool is erected above grade such pool walls
shall be deemed a suitable enclosure provided that:
1. the pool walls project a minimum of 1.2 m (4 feet) above grade;
2. there are no attachments or bracing on the exterior facing of the
pool which may facilitate climbing the wall of the pool ;
3. the grade of the ground adjacent to the outside wall of the pool, for
a distance of 1.2 m (4feet) is a least 1.2 m (4feet) below the top of the pool
walls; and
4. any ladder or gate or other means of access to the pool is designed to be
locked in a like manner as is required for gates in this bylaw.
c) Every gate erected in a fence or enclosure around a pool shall:
1. be of construction and height equal to that of the fence/enclosure;
2. be supported by substantial hinges; and
3. be selfclosing and equipped with a selflatching device placed at the
top, on the inside, a minimum distance of 1m (3 feet) above grade.
d) A wall of a building or deck may form part of an enclosure provided it
meets the requirements for enclosures and provide a degree of security equal to
the enclosure requirements of this bylaw. All doors located in a wall of the
building which forms part of an enclosure, other than doors located in a dwelling unit,
shall be equipped with selfclosing, selflatching devices located not less than 1 m (3
feet) above the bottom of the door and comply with all other sections of this
by
law.
e) A pool and associated decks, pumps, etc.. shall be located in compliance
with the provision of all bylaws for the Township of Athens, including the
Ontario Building Code which requires the pool to be 1.5 m (5 feet) from a septic tank
and 5 m (17 feet) from a leaching bed.
f) All accessory buildings, accessory structures and pool equipment, including
pumps and filters, that could be used to assist in gaining access to the pool
shall be located a minimum of 1 m (3 feet) from an approved enclosure to reduce access
to the pool, unless they are located under a deck which has bee enclosed
in accordance with the provisions of this bylaw.
g) The owner of every privately owned outdoor swimming pool shall ensure that
every gate, ladder, or door providing access to swimming pools shall be kept
locked at all times when they are not present and supervising the pool.
3. PENALTIES
Any person who contravenes any provision of this bylaw is guilty of an offence
and shall be liable to a fine of up to one thousand ($1,000.00) dollars, exclusive of costs,
for each and every offence.
READ A FIRST AND SECOND TIME THIS 5 th DAY OF JUNE 2006.
READ A THIRD TIME AND FINALLY PASSED THIS 5 TH DAY OF JUNE 2006.
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