Swimming Pools - Regulation and Use, Municipal Code Chapter 437 (By-law 103-91) — full text

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SWIMMING POOLS - REGULATION AND USE 1 PROPERTY MAINTENANCE Chapter 437 SWIMMING POOLS - REGULATION AND USE CHAPTER INDEX Article 1 INTERPRETATION 437.1.1 Chief Building Official - defined 437.1.2 Corporation - defined 437.1.3 Enclosure - defined 437.1.4 Exterior grade - defined 437.1.5 Inspector - defined 437.1.6 Privately-owned - defined 437.1.7 Swimming pool - defined Article 2 GENERAL PROVISIONS 437.2.1 Administration - Chief Building Official - Director of Bylaw and Security 437.2.2 Gate - height - support - self-closing - locking 437.2.3 Gate - closed - locked - at all times - pool -unsupervised 437.2.4 Gate - lock - inside - prevention - unauthorized entry 437.2.5 Gate - bottom - distance above ground 437.2.6 Fence - minimum distance from pool - exception 437.2.7 Pools - distance from lot lines 437.2.8 Steps - ladders - fenced at grade 437.2.9 Fence - distance from other fence - exception 437.2.10 Water in pool - excavation without fencing - prohibited SWIMMING POOLS - REGULATION AND USE 2 437.2.11 Barbed wire - electrical current - prohibited 437.2.12 Intersection - distance from - minimum requirements 437.2.13 Intersection - distance from - less than 90 degrees 437.2.14 Inspection - right of entry - all reasonable hours 437.2.15 Owner of fence - compliance with Chapter 437.2.16 Request for inspection - fee 437.2.17 Existing pool - enclosure - exemption Article 3 APPLICATIONS - PERMITS 437.3.1 Application - to Corporation - by owner 437.3.2 Application - pool - fence - privately-owned 437.3.3 Site plan - structures - location - dimensions - provided 437.3.4 Fence - construction details 437.3.5 Refusal - application - incomplete 437.3.6 Refusal - proposed installation - in contravention 437.3.7 Refusal - installation - contravening utility easements 437.3.8 Refusal - where fence non-conforming 437.3.9 Refusal - where fees unpaid 437.3.10 Excavation - prohibited - until issue of permit 437.3.11 Reconstruction - same area - permit - not required Article 4 POOL - CONSTRUCTION 437.4.1 Temporary fence - permitted - during construction 437.4.2 Temporary fencing - snow fence - other - approved 437.4.3 Temporary fencing - good repair - maximum opening 437.4.4 Temporary fencing - minimum height - supported SWIMMING POOLS - REGULATION AND USE 3 437.4.5 Temporary fencing - in place - when area unsupervised 437.4.6 Fencing - permanent - within 15 days of filling 437.4.7 Utilities - notified - 48 hours - prior to excavation Article 5 FENCING - REQUIREMENTS 437.5.1 Requirements - specifications - set out - including gates 437.5.2 Chain link - minimum 9 gauge - link size - height 437.5.3 Chain link - minimum 11 gauge - link size - height 437.5.4 Wood - solid panels - pickets - height - spacing - rails 437.5.5 Metal - solid panels - pickets - height - spacing - rails 437.5.6 Wall - part of enclosure - permitted - requirements 437.5.7 Chief Building Official - Director of Bylaw and Security - approval 437.5.8 Hot Tubs Article 6 DISCHARGE OF WATER FROM SWIMMING POOLS ONTO LANDS OF ADJOINING PROPERTY OWNERS 437.6.1 Swimming pool water - discharge 437.6.2 Exception- discharge to storm sewer 438.6.3 Exception - express consent Article 7 ENFORCEMENT 437.7.1 Fine - for contravention 437.7.2 Continuation - repetition - separate offence - daily Article 8 REPEAL - ENACTMENT 437.8.1 By-law - previous SWIMMING POOLS - REGULATION AND USE 4 437.8.2 Effective date ___________ Article 1 INTERPRETATION 437.1.1 Chief Building Official - defined "Chief Building Official" means the Chief Building Official appointed by the City of Brantford or his or her designate for administrative purposes. 437.1.2 Corporation - defined "Corporation" means The Corporation of the City of Brantford. 437.1.3 Enclosure - defined "enclosure" means a fence, wall or other structure, including doors and gates surrounding a privately-owned outdoor swimming pool to restrict access thereto. 437.1.4 Exterior grade - defined "exterior grade" means the elevation of the ground on the outside of the fence given that the privately-owned outdoor swimming pool is contained inside the fence enclosure. 437.1.5 Inspector - defined "Inspector" means an appointed inspector or Municipal Law Enforcement Officer of the Corporation of the City of Brantford. Bylaw 148-2024, 29 October, 2024 437.1.6 Privately-owned - defined "privately owned" means owned by a person other than a public or government body, agency or authority. 437.1.7 Swimming pool - defined "swimming pool" means a privately-owned outdoor tank or body of water maintained or used or which may be used for swimming, wading, diving, bathing which could when filled contain a depth of 0.5 m or more of water other than an existing natural body of water or stream. It shall also include, but not be restricted to, a privately-owned outdoor "swimming pool" on lands used in connection with, any type of multiple residential development, motel, hotel, or similar establishment and a privately-owned outdoor swimming pool used for display or commercial purposes. Article 2 GENERAL PROVISIONS 437.2.1 Administration - Chief Building Official - Director of Bylaw and Security Administration of this Chapter shall be under the jurisdiction of the Chief Building Official and the Director of Bylaw and Security of the Corporation of the City of Brantford. Bylaw 148-2024, 29 October, SWIMMING POOLS - REGULATION AND USE 5 2024 437.2.2 Gate - height - support - self-closing - locking Every gate shall be at least the same height as the fence, of which it is a part, be supported by substantial hinges and be equipped with approved self-closing hardware and self-latching hardware installed at the top and on the inside of the gate. 437.2.3 Gate - closed - locked - at all times - pool - unsupervised Every gate and every enclosure shall be closed and locked at all times except when the owner or the owner's representative is in direct control and supervision of the pool enclosure. 437.2.4 Gate - lock - inside - prevention - unauthorized entry The lock shall be located on the inside face of the gate or closure so as to prevent entry to the pool enclosure without the use of a key, special device or special knowledge. 437.2.5 Gate - bottom - distance above ground The bottom of the gate must be no more than 100 mm above the exterior grade adjacent to said gate. 437.2.6 Fence - minimum distance from pool - exception Every fence enclosing a swimming pool area shall be located not less than 1.5 m from the inside edge of the pool, except that this condition shall be deemed to be met where the total height of the pool wall above grade, plus a fence extension above, meeting the construction detailed previously in this Chapter, totals 1.80 m above grade. 437.2.7 Pools - distance from lot lines Swimming pools shall be located no closer to lot lines than permitted by the City of Brantford Zoning by-laws. 437.2.8 Steps - ladders - fenced at grade Where steps or ladders, fixed or movable, are installed, such facility shall be fenced at grade with fencing meeting the construction detailed in Articles 5 and 6. 437.2.9 Fence - distance from other fence - exception Every fence enclosing a swimming pool area shall be located at least 1.22 m from any other existing fence not meeting the requirements of Section 4, other than fences located on adjacent properties on property lines other than property lines in common with the property on which the swimming pool is located. By-law 103-91, 24 June, 1991. 437.2.10 Water in pool - excavation without fencing - prohibited No person shall place water in or allow water to remain in any swimming pool or swimming pool excavation until such time as fences in SWIMMING POOLS - REGULATION AND USE 6 accordance with the requirements of this Chapter have been installed around such pool or excavation and the said fences have been inspected and approved by a building inspector. By-law 74-96, 2 July, 1996. 437.2.11 Barbed wire - electrical current - prohibited The use of barbed wire or electrical current with respect to any fence enclosing a privately-owned outdoor swimming pool is prohibited. 437.2.12 Intersection - distance from - minimum requirements Every fence enclosing a swimming pool area which is situated at the intersection of streets shall be erected not closer than 4.6 m measured along the property line each way from the inside angle of such intersection, as provided in the City of Brantford Roads By-law [Chapter 614, City of Brantford Municipal Code]. 437.2.13 Intersection - distance from - less than 90 degrees In such cases where the angle of intersection is less than ninety degrees, the distance set out in Section 437.2.12 shall be determined by the City Engineer or his or her designate and the distance shall be measured along existing property lines from the point of intersection of such property lines at the intersection. 437.2.14 Inspection - right of entry - all reasonable hours An Inspector shall have the right to enter onto any property containing a privately-owned outdoor swimming pool during reasonable hours for the purpose of inspecting the pool fence enclosure. By-law 103-91, 24 June, 1991. 437.2.15 Owner of fence - compliance with Chapter Every owner of an outdoor swimming pool shall at all times maintain the fence around such pool to the standards set forth in this Chapter. 437.2.16 Request for inspection Where the owner of any pool requests that the Building Department conduct any inspection beyond the initial inspection required under Section 437.2.10, the person making the request shall pay a fee of $25. for such inspection. By-law 74-96, 2 July, 1996. 437.2.17 Existing pool - enclosure - exemption Nothing in this Chapter shall be interpreted to require the alteration of any swimming pool, fence, gate or enclosure where the same was in compliance with those standards in existence immediately prior to the date of the passage of the enabling by-law. Article 3 APPLICATIONS - PERMITS 437.3.1 Application - to Corporation - by owner The owner of land upon which it is intended to construct or erect a SWIMMING POOLS - REGULATION AND USE 7 swimming pool, or the owner's agent, shall apply to the Corporation of the City of Brantford for a permit. Bylaw 148-2024, 29 October, 2024 437.3.2 Application - pool - fence - privately-owned Every application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool shall be accompanied by the information set out in Sections 437.3.3 and 437.3.4. 437.3.3 Site plan - structures - location - dimensions - provided A site plan of the property indicating the location and dimensions of all existing and proposed buildings, structures, the proposed pool and the existing or proposed fence enclosures shall be provided. 437.3.4 Fence - construction details Construction details of the fence enclosure including gate hardware shall be provided. 437.3.5 Refusal - application - incomplete An application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool may be refused if the application is incomplete. 437.3.6 Refusal - proposed installation - in contravention An application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool may be refused if the proposed installation would contravene the municipal zoning by-law or any other applicable law. 437.3.7 Refusal - installation - contravening utility easements An application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool may be refused if the proposed installation would contravene any public utility easements. 437.3.8 Refusal - where fence non-conforming An application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool may be refused if the fence enclosure would appear to not conform to this Chapter. 437.3.9 Refusal - where fees unpaid An application for a swimming pool and pool fence permit to install or erect a privately-owned outdoor swimming pool may be refused if all necessary fees have not been paid. 437.3.10 Excavation - prohibited - until issue of permit No excavation for or erection of a swimming pool may be undertaken until a permit, referred to in Section 437.3.1 has been issued. 437.3.11 Reconstruction - same area - permit - not required SWIMMING POOLS - REGULATION AND USE 8 A permit is not required in the case of a swimming pool which has been dismantled and is being reconstructed in the same precise position in which a pool, under permit, was previously located and which in all respects complies with this Chapter and all other applicable by-laws of the City of Brantford. Article 4 POOL - CONSTRUCTION 437.4.1 Temporary fence - permitted - during construction Where construction equipment is required to enter the fenced enclosure noted in Section 437.3.10, a temporary fence may be installed for a distance of no more than 4.50 metres in place of the permanent fence subject to the requirements set out in Sections 437.4.2 through 437.4.6 inclusive. 437.4.2 Temporary fencing - snow fence - other - approved The temporary fencing material must be snow fencing or an approved alternative. 437.4.3 Temporary fencing - good repair - maximum opening The temporary fencing must be in good repair with no openings greater than 100 mm. 437.4.4 Temporary fencing - minimum height - supported The temporary fencing must be a minimum 1.0 metres in height and adequately supported. 437.4.5 Temporary fencing - in place - when area unsupervised The temporary fencing must enclose the pool area whenever the area is unsupervised. 437.4.6 Fencing - permanent - within 15 days of filling The temporary fencing must be replaced by permanent fencing described in Articles 2, 5 and 6 within 15 days of filling the pool with water. 437.4.7 Utilities - notified - 48 hours - prior to excavation It is the responsibility of the property owner and/or the pool installer to notify local utilities forty-eight hours prior to excavating for a pool. By- law 103-91, 24 June, 1991. Article 5 FENCING - REQUIREMENTS 437.5.1 Requirements - specifications - set out - including SWIMMING POOLS - REGULATION AND USE 9 gates Every swimming pool shall be enclosed with fencing including gates, in accordance with one or more of the specifications set out in this Article. 437.5.2 Chain link - minimum 9 gauge - link size - height For single-family and semi-detached residential purposes, chain link fencing (minimum 9 gauge), with links not exceeding 40 mm (1.5 inches) may be used and shall extend from the ground for a height of not less than 1.22 m. By-law 103-91, 24 June, 1991; By-law 98-97, 30 June, 1997. 437.5.3 Chain link - minimum 11 gauge - link size - height Chain link fencing (minimum 11 gauge), with links not exceeding 50 mm (2 inches) may be used provided such fencing shall extend from the ground for a height of not less than 1.52 m (5 feet). The bottom of the chain link fence must be secure and can be no more than 100 mm (4 inches) above the exterior grade adjacent to said fence. By-law 103-91, 24 June, 1991. 437.5.4 Wood - solid panels - pickets - height - spacing - rails For single-family and semi-detached residential purposes, fencing of solid panels or vertical pickets or vertical boards, may be used and shall extend from the ground for a height of not less than 1.22 m (4 foot). Openings between pickets, boards or panels shall not exceed 40 mm (1.5 inches). Horizontal rails must be on the pool side of the fence. 437.5.5 Metal - solid panels - pickets - height - spacing - rails A wrought iron or other metal type fencing or fencing of solid panels or vertical boards may be used, provided that the fencing shall extend from ground to a height of not less than 1.52 m (5 feet), and provided that: a) the bottom of the fence is not more than 100 mm (4 inches) above the exterior grade adjacent to the fence; and b) openings between vertical metal pickets of six or seven gauge wire are spaced not more than 50 mm (1.9 inches) centre to centre and horizontal rails are of six or seven gauge wire or openings between pickets, boards or panels do not exceed 100 mm (4 inches) and horizontal rails are spaced at least 1.22 m (4 feet) apart measured vertically with horizontal rails located on the pool side of the fence. By-law 103-91, 24 June, 1991; By-law 98-97, 30 June, 1997. 437.5.6 Wall - part of enclosure - permitted - requirements A wall or one or more walls of a building may be used provided said wall is at least 1.22 m (4 feet) in height and has no hedge or step closer SWIMMING POOLS - REGULATION AND USE 10 than 1.22 m (4 feet) above the ground, measured vertically and that if the said wall of a building contains any opening which could provide a means of ingress or egress to the swimming pool, that such openings are kept locked at all times when such swimming pool is not under competent supervision. By-law 103-91, 24 June, 1991. 437.5.7 Chief Building Official - Director of Bylaw and Security - approval The Chief building Official or the Director of Bylaw and Security may the construction of a swimming pool enclosure that is a fence, wall or other structure where it provides an equivalent enclosure to that specified in this Chapter. By-law 150-2006, 16 October, 2006. Bylaw 148-2024, 29 October, 2024 437.5.8 Hot Tubs Notwithstanding Section 437.5.1 of this Chapter, when any swimming pool is a hot tub, the owner of such swimming pool shall ensure that: a) All fencing provisions of this By-law are complied with; or b) Such hot tub is fitted with a tight fitted rigid cover that is capable of supporting a 90 kg load or meets the American Society for Testing and Materials standard for hot tubs, and such cover is securely fastened and locked in place at all times when the hot tub is not in use. By-law 33-2019. 26 March, 2019. Article 6 DISCHARGE OF WATER FROM SWIMMING POOLS ONTO THE LANDS OF ADJOINING PROPERTY OWNERS 437.6.1 Swimming pool water - discharge No person shall discharge wastewater from a swimming pool in any manner that may cause or causes the wastewater to flow onto an adjoining property. 437.6.2 Exception - discharge to storm sewer Section 437.6.1 shall not apply to prohibit the discharge of wastewater to a storm sewer, including a storm sewer located within a City road allowance, unless such discharge is prohibited in Chapter 281 of the City of Brantford Municipal Code. 437.6.3 Exception - express consent Section 437.6.1 shall not apply to prohibit the discharge of wastewater onto an adjoining property if the owner of the adjoining property has given express consent for such discharge. By-law 123-2008, 8 September, 2008 Article 7 ENFORCEMENT SWIMMING POOLS - REGULATION AND USE 11 437.7.1 Fine - for contravention Any person found to be in contravention of any portion of this Chapter is guilty of an offence and is subject to a penalty as prescribed in the Provincial Offences Act. 437.7.2 Continuation - repetition - separate offence - daily Where an offence under this Chapter is a continuing offence, charges may be laid for each day during which the offence continues. Article 8 REPEAL - ENACTMENT 437.8.1 By-law - previous By-law 103-64 of The Corporation of the City of Brantford is hereby repealed. 437.8.2 Effective date This Chapter shall come into full force and effect on the date of passing of the enabling by-law. By-law 103-91, 24 June, 1991. By-law 123- 2008, 8 September, 2008.