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Office Consolidation - Pool Enclosure By-law 202-2011 - Page 1 of 8
Office Consolidation
Pool Enclosure By-law 202-2011
To require the construction of fences and gates around privately owned pools
sufficient to promote a secure environment and provide a minimum level of safety
for the protection of the public and to repeal By-law 95-92, as amended
(Amended by By-law 219-2019)
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
(the "Municipal Act") authorizes a municipality to pass by-laws respecting fences;
AND WHEREAS section 123 of the Municipal Act authorizes a municipality, for
the purpose of public safety, to regulate with respect to deep waters and other
dangerous places;
AND WHEREAS section 436 of the Municipal Act authorizes a municipality to
pass by-laws providing that a person who contravenes a by-law passed under
this act is guilty of an offence;
NOW THEREFORE The Council of the Corporation of the City of Brampton
ENACTS as follows:
1.0
ADMINISTRATION
1.1
This by-law shall be administered and enforced by the Commissioner of
the Planning, Design and Development Department and by the
Commissioner of the Corporate Services Department or their delegates;
and
1.2. In this by-law, unless the context otherwise requires, words importing the
singular number shall include the plural and words importing the
masculine gender shall include the feminine; and
1.3
The schedules in this by-law form part of the by-law.
2.0
DEFINITIONS
In this by-law:
"Commissioner" shall mean the Commissioner of Planning, Design and
Development for the City of Brampton and/or the Commissioner of Corporate
Services or such person as they may designate to carry out their duties under
this by-law;
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"Enclosure" shall mean a fence, wall or other structure, including doors and
gates, surrounding a privately owned outdoor pool to restrict access thereto; and
pool enclosure and swimming pool enclosure shall have the same meaning;
"Owner" shall include a person in possession of the property on which the
swimming pool is located;
"Privately owned outdoor pool" shall mean any body of water located
outdoors on privately owned property, contained in whole by artificial means, in
which the depth of the water at any point can exceed 0.6 metres (24 inches), and
includes spas, hot tubs, landscaped ponds, wading pools and swimming pools;
"Self-closing device" shall mean a mechanical device or spring, which returns
a Pool Enclosure gate to its closed position within 30 seconds after it has been
opened;
"Self-latching device" shall mean a mechanical device or latch which is
engaged each time the gate is secured to its closed position, which will not allow
the gate to be reopened by pushing or pulling, and which will ensure the Pool
Enclosure gate remains closed until unlatched by either lifting or turning the
device itself directly or by a key;
"Service entrance" shall mean that entrance into a building which would
normally be used by persons entering such building for the purpose of delivering
goods or rendering maintenance service.
3.0
REGULATIONS AND PROHIBITIONS
3.1
No person shall construct or install a privately owned outdoor pool, cause
a privately owned outdoor pool to be constructed or installed, commence
the construction or installation of a privately owned outdoor pool without
first obtaining a pool enclosure permit from the Chief Building Official.
3.2
No person shall excavate for or erect a privately owned pool without first
obtaining a Fill and/or a Road Occupancy and Access Permit from Works
and Transportation
3.3
No person shall place water in a privately owned outdoor pool or allow
water to remain therein, unless the pool enclosure prescribed by this by-
law has been inspected and approved.
3.4
Every owner of a privately owned pool shall maintain the pool enclosure in
accordance with the standards and the provisions of this by-law.
3.5
No person shall alter or replace a pool enclosure without having first
obtained a permit from the Chief Building Official.
3.6
No owner of a privately owned pool shall fail to ensure that:
(a)
all gates forming part of the pool enclosure meet the standards of
this by-law;
(b)
all entranceways to a pool enclosure through a wall of a main
building meet the standards of this by-law;
(c)
all gates forming part of a pool enclosure are locked when the
area is not in active use;
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(d)
the lockable lid of any hot tub is closed and locked when the pool
area is not in active use unless the hot tub is within a locked pool
enclosure meeting the requirements of this by-law;
3.7
No person shall place, pile, attach or lean any object or material against or
near a pool enclosure so as to facilitate climbing of the pool enclosure,
diminish the structural integrity of a pool enclosure or render the pool
enclosure in non-conformity with the provisions of this by-law.
3.8
No person shall erect a fence adjacent to an existing pool enclosure that
does not comply with the requirements of this by-law.
4.0
APPLICATIONS AND PERMITS
4.1 Application
Every application for a pool enclosure permit shall include:
(a)
A completed application in the form specified by the Chief Building
Official;
(b)
2 copies of a legal survey with the proposed pool plotted, showing
the dimensions of the pool and the distance to lot lines, existing
buildings and any private sewage systems;
(c)
2 copies of a plan showing the location of the pool, all proposed
pool equipment (such as filters, heater, slides) and proposed
landscape features in relation to property lines, buildings (including
decks and sheds), and any easements;
(d)
Complete details of the proposed pool enclosure, including the
location and type of proposed fence and gates;
(e)
A copy of the Fill Permit and Road Occupancy Permit, if required,
issued by the City of Brampton Works and Transportation
Department;
(f)
If the proposed pool is within an unassumed plan of subdivision, the
written approval of the owner or authorized agent of the owner of
the plan of subdivision;
(g)
the permit fee(s) specified in Schedule 'A',
4.2
Permit
The Chief Building Official shall issue a permit for a pool enclosure where the
application submitted complies with the requirements of this by-law and all
applicable regulations and by-laws or approvals. Without limiting the generality
of the foregoing, the Chief Building Official shall not issue a permit for the pool
enclosure unless the proposed location of the swimming pool and the pool
enclosure complies with the Zoning By-law and any other applicable regulations,
by-laws or approvals.
4.3
Abandoned Application
Where an application for a pool enclosure permit remains inactive for a period of
six months from the date of application it shall be deemed to have been
abandoned.
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4.4
Revocation of Permit
The Chief Building Official may revoke a permit:
(a)
where it was issued on mistaken or false information;
(b)
where, after six months after its issuance, the construction or
erection in respect of which it was issued has not, in the opinion of
the Chief Building Official been seriously commenced; or
(c)
where the construction or the erection of the pool is, in the opinion
of the Chief Building Official, substantially suspended or
discontinued for a period of more than one year.
Prior to revoking a permit in accordance with this by-law, the Chief Building
Official may give written notice of intention to revoke to the permit holder at their
last known address and if, on the expiration of thirty (30) days from the date of
such notice, the grounds for revocation continue to exist, the permit shall be
revoked without further notice.
4.5
Permit Expiry and Renewal
(a)
A permit issued pursuant to this by-law shall be valid for a period of
six months from the date of issue and shall remain valid so long as
the work covered by the permit is commenced before the expiry of
the six month period;
(b)
A permit may be renewed once for a further six month period upon
submission of a written request for renewal to the Chief Building
Official;
(c)
where no written request for renewal is submitted to the Chief
Building Official before the expiry of the six month period the permit
shall be deemed to have been abandoned in accordance with
Section 4(3) of this by-law.
4.6
Refund of Fees
A refund of 50% of the fee paid at the time of application is payable upon receipt
of a written request addressed to the Chief Building Official prior to the issuance
of a permit and prior to the commencement of the construction of the swimming
pool. No refund is payable subsequent to the issuance of a pool enclosure
permit.
5.0
CONSTRUCTION STANDARDS FOR POOL ENCLOSURE
5.1
Every enclosure shall be erected and maintained to surround the entire
pool area and shall be sufficient to make such body of water not readily
accessible.
5.2
The enclosure, including gates therein, shall extend from the ground to a
height, measured on the outside of the enclosure, of not less than 1.2
metres (4 feet) at all points along the fence enclosure, above grade level,
to a maximum height of 2 metres (6 feet 6 inches), or as otherwise
prescribed by the city's comprehensive Zoning By-law as it reads on the
date of the issuance of the permit for the pool enclosure.
5.3
When a wall of a building forms part of such enclosure, no main or service
entrance to the building shall be located within the enclosed area, except
that this requirement shall not apply when the main entrance and all
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exterior service meters and intakes are located outside the enclosure and
a sign is erected and maintained directing all services personnel to use
the main entrance.
5.4
The enclosure shall have no rails or other horizontal or diagonal bracing or
attachments on the outside that would facilitate climbing.
5.5
A fence or its equivalent forming part of such enclosure shall be of
vertically boarded wood construction, chain link construction, or of other
materials and construction as provided for.
5.6
If an enclosure is of chain link construction the enclosure shall:
(a) be constructed of not greater than 38 mm (1.5 inch) diamond
mesh; and
(b) be constructed of not less than No. 12 gauge galvanized steel
wire or of minimum No. 14 gauge steel wire covered with vinyl or
alternate approved coating forming a total thickness equivalent to
No. 12 gauge galvanized wire; and
(c) be supported by at least 3.8 centimetres (1 ½ inch) diameter
galvanized steel posts each embedded in concrete to a minimum
depth of 1.2 metres (4 feet) below grade, such posts to be spaced
no more than three (3) metres (10 feet) apart. Top and bottom
horizontal rails shall be provided of 3.8 centimetres (1 ½ inch)
minimum diameter galvanized steel, except that a minimum No. 9
gauge galvanized steel wire may be substituted for the bottom
horizontal steel rail. A vinyl or other approved coating may be
substituted for the galvanized coating.
5.7
If an enclosure is of wood construction the enclosure shall:
(a) have vertical boarding attached to supporting members all of
which are arranged in such a manner so as not to facilitate
climbing from the outside. Such vertical boards shall be not less
than 2.5 centimetres (1 inch) by 10 centimetres (4 inches)
nominal dimensions spaced not more than 5 centimetres (2
inches) apart; and
(b) be supported by minimum of ten (10) centimetres (4 inch) square
or 10 centimetres (4 inch) diameter cedar posts, nominal
dimensions, spaced not more than 2.4 metres (8 feet) on centres
embedded in concrete to a minimum of 1.2 metres (4 feet) below
grade. That portion of the wood post below grade shall be treated
with a wood preservative. Top and bottom horizontal rails shall
be provided of wood, five (5) centimetres (2 inch) by ten (10)
centimetres (4 inch) minimum nominal dimensions.
5.8
An enclosure shall not include barbed wire, devices for projecting an
electric current through the fence, or devices having similar dangerous
characteristics.
5.9
An enclosure shall be located not less than 1.2 metres (4 feet) from the
swimming pool unless:
(a) the required height of said enclosure as prescribed in paragraph
5.2 of this by-law is increased to 1.8 metres (6 feet); and
(b) such enclosure shall not, regardless of height be located closer
than 1.2 metres (4 feet) to any condition on the property that
would contribute to the lessening of these minimum safety
requirements by facilitating the climbing of the swimming pool
enclosure.
5.10 An enclosure may be of construction other than that specified providing
that an equivalent degree of safety is maintained and shall be constructed
so that the rigidity is equal to that specified for those fences described in
paragraphs 5.6 and 5.7 to prevent a spherical object having a diameter of
Office Consolidation - Pool Enclosure By-law 202-2011 - Page 6 of 8
ten (10) centimetres (4 inches) from passing through or under such
enclosure.
5.11 Gates forming part of such enclosure shall:
(a) be of construction and height equivalent to that required for the
enclosure; and
(b) be supported on substantial hinges; and
(c) be self-closing and equipped with a self-latching and locking
device placed at the top and on the inside of the gate so that the
device latches when the gate is in the closed position.
5.12 Subject to the provisions of paragraph 5.3, doors providing access from a
building directly to an enclosed swimming pool area, other than doors
located in a dwelling unit or a rooming unit, shall each be self-closing and
equipped with a self-latching device located not less than 1.2 metres (4
feet) above the bottom of the door.
5.13 The owner of every privately owned outdoor pool shall ensure that every
gate and door required by paragraphs 5.11 and 5.12 be equipped with a
locking device.
6.0
SPECIAL PROVISIONS AND PARTIAL EXEMPTIONS
6.1
Hot Tubs
Notwithstanding Section 5.1 of this by-law, no permit or pool enclosure is
required for a hot tub which is:
(a) equipped with a substantial cover, capable of holding 90.72 kg (200
lbs), which is fitted to the structure and locked to prevent access
when the structure is not in use; or
(b) equipped with a guard meeting the requirements of Section 6.2(i) of
this by-law.
6.2
Above Ground Pools and Hot Tubs with Guards
(a) The pool enclosure for an above ground pool or hot tub need not
comply with Section 5.0 of this by-law provided:
(i)
the combined height of the exterior sides of the swimming pool
structure and any guard attached thereto is a minimum of 1.5 m.
(5 feet) and a maximum of 2 m (6 feet 6 inches) in height above
the effective ground level;
(ii)
the exterior sides of the pool structure and any outside face of
any guard are constructed in a manner that will not facilitate
climbing; and
(iii) the outside face of the pool structure is at least 1.2 m (4 feet)
from any lot line, or such larger distance as may be required by
the Zoning By-law; and
(iv) access to the entrance ladder shall be enclosed by a swimming
pool enclosure and gate constructed in accordance with Section
5.1 of this by-law.
7.0
ENFORCEMENT
7.1
The provisions of this by-law may be enforced by an officer appointed by
City Council for the administration and enforcement of this by-law.
7.2
The Commissioner or officer may, at any reasonable time, enter and
inspect any land to determine whether this by-law, an order under this by-
law or a condition to a Permit issued under this by-law is being complied
with.
Office Consolidation - Pool Enclosure By-law 202-2011 - Page 7 of 8
8.0
PENALTY
8.1
Any person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act.
8.2
Administrative Penalties (Non-Parking) By-law 218-2019, as amended, applies to
this By-law. Every Person who contravenes a provision of this By-law designated
in Schedule A of the Administrative Penalties By-law (Non-Parking) 218-2019,
shall upon issuance of a Penalty Notice be and is liable to pay to the City of
Brampton an administrative penalty in the amount set out in the Administrative
Penalties (Non-Parking) By-law 218-2019. (By-law 219-2019)
9.0
REPEAL
9.1
By-law 95-92, as amended, is hereby repealed.
10.0 SHORT TITLE
10.1 This by-law may be referred to as the Pool Enclosure By-law.
READ a first, second and third time and PASSED in OPEN COUNCIL, this 22th day of
June 2011.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Susan Fennell - Mayor
Peter Fay - City Clerk
Office Consolidation - Pool Enclosure By-law 202-2011 - Page 8 of 8
SCHEDULE 1 TO BY-LAW 202-2011
FEE SCHEDULE
Pool Enclosure Permit
$175.00