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THE MUNICIPALITY OF BROCKTON
BY-LAW NUMBER 2008-31
A BY-LAW TO REQUIRE THE OWNERS OF PRIVATELY OWNED OUTDOOR
SWIMMING POOLS TO ERECT AND MAINTAIN SWIMMING POOL ENCLOSURES
WHEREAS pursuant to Section 11 (3) par. 7 of the Municipal Act, S.O. 2001, c.25, as amended,
provides that a by-law may be passed respecting structures, including fences;
AND WHEREAS Section 391 (1) of the Municipal Act, S.O. 2001, c.25, as amended, provides that
a municipality may pass by-laws imposing fees or charges for services or activities provided or done
by or on behalf of it;
AND WHEREAS it is expedient to impose fees for certain services;
AND WHEREAS it is the intention of the Municipality of Brockton to prevent unintentional injury
and drowning caused by the failure of property owners to provide and erect approved and acceptable
swimming pool enclosures;
NOW THEREFORE the Council of the Corporation of the Municipality of Brockton enacts:
PART 1 DEFINITIONS AND INTERPRETATION
1. For the purpose of this by-law, the following terms shall have the meanings indicated:
(a) "Boundary or Property Fence" means any
barrier or structure constructed of chain
link metal, wood, stone, metal, concrete,
brick or other similar materials or
combination of such materials, which is
erected for the purpose of screening,
safeguarding, retaining or enclosing
property or delineating property lines
(see Figure 1);
(b) "Building" means any permanent and/or
temporary structure used or intended to
be used for shelter, accommodation, or
enclosure of persons, animals, or goods,
but shall not include a lawful boundary fence;
(c) "Chief Building Official" means the person appointed by the Municipality of
Brockton to such a position pursuant to the Building Code Act;
(d) "Fence Height" means the height measured from the finished floor level or ground
level at any point along the length of the fencing to the top of the fence, measured on
the outside of the fencing;
Figure 1: Property Fencing - Three-Sided Fencing
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(e) "Finished Floor Level" means a permanent stable surface, such as the top of wood,
concrete or brick;
(f) "Finished Ground Level" means a permanent ground level, such as grass, soil or
gravel;
(g) "Four-Sided Fence" means a fence or building wall that fully restricts access to the
pool separate from the house. (see Figure 2);
(h) "Gate" means any part of a swimming
pool fence which opens on hinges.
(i) "Guard" means a protective barrier,
with or without openings through it, that
is around openings in floors or at the
open sides of stairs, landings,
balconies,mezzanies, galleries, raised
walkways or other locations to prevent
accidental falls from one level to an
other.
(j) "Hydro-Massage Pool" or pools
commonly referred to as hot tubs,
Jacuzzis, whirlpools, spas and other
similar products means a pool as defined in this by-law;
(k) "Immediate Pool Area" means the surrounding area that contains items used for
pool activities, including pool equipment, changing sheds, patio furniture and similar
items used in conjunction with the use of the pool;
(l) "Inside of the Pool Enclosure" means that side of the fence or gate that faces the
pool area;
(m) "Isolation Fencing" means a continuous fence that
is effectively the same as a four-sided fence except
that all ancillary structures (not related to
the function of the swimming pool) are
excluded from the pool area. The fence
completely separates the pool from the
house and the rest of the property (see
Figure 3);
(n) "Maintain" means to keep a pool
enclosure in a condition that meets the
requirements of this by-law and to
preserve the condition of the pool
enclosure from failure or decline in order
to ensure safety and strength.
(o) "Outside of the Pool Enclosure" means
that side of the fence or gate that faces
Figure 3: Isolation Fencing
Figure 2: Four-Sided Fencing
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away from the pool area;
(p) "Owner" includes the registered owner of any property; the person for the time
being managing or receiving the rent of the land or premises in connection with
which the word is used, whether on the person's own account or as agent or trustee of
any other person, or who would so receive the rent if such land and premises were
leased, and a lessee, tenant, mortgagee in possession, or person occupying or in
charge of the property;
(q) "Pool Enclosure" means a permanent four-sided fence, isolation fence or three-sided
fence, which includes a self-closing and self-latching gate, and which surrounds a
pool with the intention of restricting access from outside the pool enclosure;
(r) "Permit" or "Pool Enclosure Permit" means a permit issued under this by-law by
the Chief Building Official;
(s) "Replacement" means the construction of a swimming pool and/or swimming pool
fence that takes the place of a swimming pool and/or swimming pool fence
previously constructed;
(t) "Self-Closing Device" means a mechanical device or spring that returns a swimming
pool enclosure gate to its closed position within 30 seconds after it has been opened;
(u) "Self-Latching Device" means a mechanical device or latch that is engaged each
time the gate is secured to its closed position, which will not allow the swimming
pool enclosure gate to be re-opened by pushing or pulling, and which will ensure the
swimming pool enclosure gate remains closed until unlatched by either lifting or
turning the device itself directly or by a key;
(v) "Swimming Pool" or "Pool" means an excavation, structure or product, which is:
(i)
located outdoors on private property;
(ii)
capable of being used for the purposes of swimming, wading, paddling or
bathing;
(iii)
capable of holding water in excess of 73.6cm (2 feet 5 inches) in depth at any
point;
and includes a hot tub and or spa pool without a lockable hard cover, and a landscape
pond meeting the above criteria, but for the purposes of this by-law does not include
any pool which is:
(1)
a pond or reservoir located on lands designated as agricultural in any of the
Municipality of Brockton's zoning by-laws or as part of a golf course;
(2)
a pool owned by any public or governmental body, agency or authority, or is
under the jurisdiction of the Ontario Building Code;
(3)
an existing natural body of water or stream; or
(4)
a privately owned storm water management facility;
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(w) "Temporary Pool" means a swimming pool that is designed to be removed
periodically on a seasonal or more frequent temporary basis;
(x) "Three-Sided Fence" means a fence that uses a wall or side of a building with a door
to enclose the pool area.
2. The requirements of this by-law are expressed in metric measurements. Any imperial
measurements included in this by-law are approximate and are provided for convenience
only.
PART 2 GENERAL PROVISIONS
Application of By-Law
3. This by-law shall be administered by the Chief Building Official or his designate;
4. This by-law shall apply to all pool enclosures constructed, or replaced, within
the Municipality of Brockton; as of the passage of this by-law
5. 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 Municipality by-law that regulates
fences;
6. In the event of any conflict between the provisions of this by-law and any provision of the
Fence By-law, as may be amended or replaced from time to time, the provisions of this by-
law shall prevail;
7. Notwithstanding Section 5,
a) no conflict exists between the provisions of this by-law and the provisions of any
other by-law or approval if it is possible to comply with both by-laws by choosing
an alternate type, design or location for a pool enclosure or pool;
b) nothing in this by-law permits the location of a pond, deck, platform or other
structure in a location that is not permitted under the municipality of Brockton's
Zoning by-law.
PART 3 PROHIBITIONS
8. No person shall excavate, construct, install, or situate a pool; or cause a pool to be excavated,
constructed, installed, or situated; or commence the excavation, construction, installation,
placement or replacement of a pool without first obtaining a pool enclosure permit from the
Chief Building Official;
9. No person shall excavate, construct, install, or situate a pool; or cause a pool to be excavated,
constructed, installed, or situated; or commence the excavation, construction, installation,
placement or replacement of a pool that is not completely enclosed by a pool enclosure in
accordance with this by-law;
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10. No person shall construct or cause to be constructed any pool enclosure that does not
conform to the requirements of this by-law, or permit such non-conforming pool enclosure to
continue to enclose a pool;
11. No person shall fill a pool with water or cause a pool to be filled with water or allow water to
remain in a pool unless:
a) the pool is enclosed by a pool enclosure, other than an approved temporary pool
enclosure, meeting the requirements of Section 23 of this by-law; and
b) if the pool is a newly constructed pool, the Chief Building Official has been
notified and the pool enclosure has been inspected and approved;
12. No person shall remove, alter or replace a pool enclosure or any part thereof without having
first obtained a permit to do so from the Chief Building Official;
13. No owner 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 building meet the
standards of this by-law; and
c) all gates forming part of a pool enclosure are locked when the area is not in active
use;
14. 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;
15. No person shall erect a fence adjacent to an existing pool enclosure that does not comply
with the requirements of this by-law.
Prohibited Fences
16. No barbed wire, chicken wire or other barbed or sharp material shall be used in the
construction of a pool enclosure.
17. No pool enclosure shall be used as a conductor of electricity.
PART 4 APPLICATIONS FOR PERMITS
18. Every application for a pool enclosure permit shall be in a form specified by the Chief
Building Official (attached as Schedule 'A') and accompanied by:
a) 2 sets of plans showing the location of the pool, all proposed pool equipment
(such as filters, slides and heaters) and proposed landscape features in relation to
property lines, buildings (including decks and shed), and easements;
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b) complete details of the proposed pool enclosure, including the location and type
of proposed fence and gate;
c) the permit fee(s) specified in the Municipality of Brockton's Fees and Charges
By-law as amended from time to time
d) the proposed access route for construction of the pool from any public right of
way to the proposed pool location; and
e) if the proposed pool is within an unassumed plan of subdivision, the written
approval of the developer/owner of the subdivision;
19. The Chief Building Official Shall issue a permit for a pool enclosure where the plans
submitted comply 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 the permit for the pool enclosure unless a site alteration permit, if
required, has been obtained and the proposed location of the pool and pool enclosure
complies with the Zoning By-law and any other applicable regulations, by-laws or approvals.
PART 5 STANDARDS FOR POOL ENCLOSURES
20. The owner of a privately-owned outdoor pool
shall erect and maintain a pool enclosure that is
designed to prevent climbing, restrict access and
satisfies the following standards:
a) Height: the pool enclosure shall
extend from the ground to a height of
not less than 1.53m (5 feet). Height
shall be measured from the finished
ground level on the outside (not the
pool side) of the pool enclosure,
Inside fence height to comply with
the Ontario Building Code; when the
fence is used as part of a guard
attached to a deck surrounding the
pool;
b) Opening and Materials:
i) where the pool enclosure is constructed of chain link fence, the pool enclosure
shall not have any openings that would allow the passage of a spherical object
having a diameter exceeding 38 mm (1.5 inches) (see Figure 4);
ii) where the pool enclosure is constructed of vertical and horizontal members, if
the horizontal structural members are greater than 114.3 cm (45 inches) apart,
the horizontal members can be located on the outside of the pool enclosure
and the spacing between each vertical member shall not exceed 100 mm (4
inches) (see Figure 5);
Figure 4: Chain Link Openings
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iii) where the pool enclosure is constructed of vertical and horizontal members, if
the horizontal structural members are less than 114.3cm (45 inches) apart, the
horizontal members must be located inside the pool enclosure and the spacing
between each vertical member should not exceed 44.45 mm (1.75 inches) (see
Figure 6);
c) Ground Clearance: the space at any point between the pool enclosure and the
finished ground level and/or finished floor level must not exceed 100 mm (4
inches) 50mm (2") for chain link fencing and the ground beneath the pool
enclosure cannot be loose gravel or other material that can be easily removed so
as to afford access under the pool enclosure (see Figures 4 and Figure 5);
d) Framing and Braces: except as specified in Section 20.b) ii) all horizontal
structural members must be located inside of the pool enclosure as to prevent easy
climbing; and
e) Location: the pool enclosure may be a boundary fence which complies with the
provisions of this by-law provided the fence is no closer than 1.2m (4ft.) from the
waters edge and located not less 0.61m (2ft.) from any fence or structure that does
not meet the requirements of this by-law.
Figure 5: Vertical and horizontal member spacing
and ground clearance
Figure 6: Vertical and horizontal member spacing
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GATES AND OTHER ACCESS POINTS
Gates
21. Every owner shall ensure that
every gate forming part of a pool
enclosure:
(a) is constructed in
accordance with the
standards prescribed in
section 20 of this by-
law;
(b) is supported on
substantial hinges, capable of supporting 90.72kg (200 lbs.) in body weight;
(c) is equipped with a self-closing device;
(d) is equipped with a self-latching device that is located at least 1.22m (4 feet) above
the finished floor level and/or finished ground level (see Figure 7);
(e) is equipped with a lock;
22. If the gate to the pool enclosure is a double gate access, made up of two gates at the same
location:
(a)
one of the two gates shall have a self-closing device and self-latching device; and
(b)
the gate of this double gate access without a self-closing device and a self-
latching device shall have a device permanently affixed to the ground or other
non-movable object, which prevents access through this gate without lifting or
removing this device and then releasing the latch.
TEMPORARY FENCE DURING CONSTRUCTION
23. The owner shall ensure that temporary fencing meeting the requirements of this section is in
place during all phases of construction of the pool such that unauthorized access to the site is
prevented. Temporary fencing shall be of 1.22m (4 feet) high snow fence, or such other
fencing material with similar visibility, height and rigidity as may be approved by the Chief
Building Official, and shall be securely attached at any opening when the area is left
unattended.
Figure 7: Self-closing and self-latching gate installation
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PART 6 SPECIAL PROVISIONS
Above-Ground Pools
24. The vertical walls of an above-ground pool can be
used as part of a pool enclosure provided that the
vertical walls are at least 1.52m (5 feet) in height
and do not possess any horizontal members that
may facilitate climbing;
25. The ladder area, which provides access to the
above-ground pool, must be enclosed by a pool
enclosure as defined in this by-law (see Figure 8);
26. Above ground pools with decks installed around
the pool must meet the provisions of the Ontario
Building Code and allow minimum of 1.2 m (4ft.)
between the waters edge and the guard/ fence;
Temporary Pools
27. If a pool enclosure permit has been obtained with respect to the pool enclosure for a
temporary pool, the temporary pool may be reinstalled and refilled with water without
additional permits or inspections provided there have been no alterations to the pool
enclosure.
PART 7 UNDERTAKING TO ENSURE REPAIR
28. Every person erecting, altering, repairing or demolishing a swimming pool and/or swimming
pool fence within the Municipality of Brockton 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.
29. The owner of any lands on which any swimming pool and/or 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 8 ENFORCEMENT
30. Every person who contravenes any provision of this by-law and is found guilty of an offence
and upon conviction shall be subject to a fine as prescribed in the Provincial Offences Act,
R.S.O. 1990, cP.33, as amended.
Figure 8: Above-ground pool with fenced ladder area
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31. Where anything required to be done in accordance with this by-law is not done, the Chief
Building Official for the Corporation of the Municipality of Brockton may, upon such notice
as they deem suitable, do such thing 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 within the meaning
of Section 446 of the Municipal Act, S.O. 2001, c25., as amended.
PART 9 REPEAL - ENACTMENT
32. By-Law Number 99-54 is hereby repealed.
33. This By-Law comes into force on the date of passing.
READ A FIRST AND SECOND TIME THIS 14th DAY OF APRIL, 2008.
__________________________________
_________________________________
MAYOR - Charlie Bagnato
CAO/CLERK - Richard Radford
READ A THIRD AND FINAL TIME THIS 28th DAY OF APRIL, 2008.
___________________________________
_________________________________
MAYOR - Charlie Bagnato
CAO/CLERK - Richard Radford
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