Pool Fencing By-law No. 74-2005 (Municipal Pool By-law)
Burlington, Ontario
· adopted 2005-10-17
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THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
A by-law to require the owners of privately owned swimming
pools to erect and maintain fences and gates around such swimming pools.
File: 110-04-1 (CD-198-05)
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 conveys the capacity, rights,
powers and privileges of a natural person to the municipality, and
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes municipalities to
pass by-laws respecting structures, including fences and signs, and
WHEREAS it is deemed necessary to require owners of privately owned swimming pools to
erect and maintain fences and gates around swimming pools,
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF
BURLINGTON HEREBY ENACTS AS FOLLOWS:
1. SHORT TITLE
I.I
This by-law shall be known as 'The Municipal Pool By-law".
2. DEFINITIONS
2.1
For the purpose of this by-law:
2.1.1
"Corporation" means The Corporation of the City of Burlington;
2.1.2 "Chief Building Official" means the Chief Building Official of the City of
Burlington.
2.1.3
"Hydro-massage pool" includes those pools commonly referred to as hot tub,
whirlpool, jacuzzi or spa.
2.1.4 "Owner" includes a lessee or tenant in possession of property on which a swimming
pool as defined herein is located;
2.1.5
"Swimming Pool" means any privately owned outdoor tank or body of water used or
which is intended to be used and maintained for swimming or display purposes and is
capable of holding water in excess of 600 mm other than an existing natural body of
water or stream. It shall not include a hydro-massage pool having a water surface
area that is less than 8m2-
2.1.6
"Temporary Pool" means an inflatable pool or other pool, which is designed to be
removed periodically on a seasonal or more frequent basis and is capable of holding
water in excess of 600 mm.
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAWNUMBER 74-2005
Page 2
3. For the purposes of this by-law, privately owned shall mean ownership other than a public or
government body, agency or authority.
4. Every owner of land upon which a swimming pool is located or erected shall erect and
maintain around such pool, fences and gates in accordance with this by-law.
5. FENCING
REQUIREMENTS
RESIDENTIAL
SINGLE
FAMILY
OR
SEMI-DETACHED
5.1
Every swimming pool located on lands used for, or in connection with, single family
or semi-detached residential purposes, shall be enclosed with fencing, including
gates, in accordance with one or more of the following specifications:
5.1.1
Chain link fencing, with links not exceeding 38mm. Such fencing shall extend from
the ground for a height of not less than 1.2 m and not more than 2.0 m.
5.1.2
Chain link fencing, with links not exceeding 50mm, provided such fencing extends
from the ground for a height of not less than 1.8 m and not more than 2.0 m.
5.1.3
All chain link fencing shall have a top rail securely fastened to the upright posts and a
tension wire securing bottom of fencing.
5.1.4 Fencing of solid panels, vertical boards or vertical pickets, being at least l.2m in
height to a maximum 2.0 m in height and having the horizontal rails LESS than 1.2 m
apart measured vertically from the top of the bottom horizontal rail to the top of the
upper horizontal rail, may have openings between the panels, vertical boards or
pickets not exceeding 38 mm. Such panels, boards or pickets must be constructed on
the outside face of the fence.
5.1.5
Fencing of solid panels, vertical boards or vertical pickets being at least 1.2 m in
height to a maximum of 2.0 m in height and having the horizontal rails MORE than
1.2 m apart measured vertically from the top of the bottom horizontal rail to the top of
the upper horizontal rail, may have openings between the panels, vertical boards or
pickets not exceeding 100 mm on the outside or inside face of the fence provided the
horizontal rails are measured as described in this sub-section to be more than 1.2 m .
5.1.6 Wrought iron or other metal type fencing shall extend from the ground for a height of
not less than 1.5 m and not more than 2.0 m. Such fencing shall have the horizontal
rails more than 1.2 m apart measured vertically from the top of the bottom horizontal
rail to the top of the upper horizontal rail, and have openings between the vertical
members not exceeding 100 mm.
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
Page 3
5 .1. 7 A wall or one or more walls of a building, provided said wall is at least 1.2 m in
height and has no ledge or step closer than 1.2 m above the ground, measured
vertically, and that if the said wall of a building contains any opening which could
provide a means of ingress directly into the swimming pool area such openings are to
be kept locked at all times when such swimming pool is not under competent
superv1S1on.
6. FENCING REQUIREMENTS -
OTHER THAN SINGLE F AMILIY OR SEMI-
DETACHED RESIDENTIAL
6.1
Every swimming pool located on lands used other than for or in connection with
single family or semi-detached residential purposes shall be enclosed with fencing,
including gates, in accordance with one or more of the following specifications:
6.1.1
Chain link fencing, with links not exceeding 50 mm provided such fencing extends
from ground to a height of not less than 1.8 m and not more than 2.0 m. Fencing shall
have a top rail firmly fastened to the upright posts and a tension wire securing the
bottom of the fence.
6.1.2 A wrought iron or other metal-type fencing or fencing of solid panels or vertical
pickets or vertical boards, provided that such fencing shall extend from ground to a
height of 2.0 m and provided that openings between pickets, boards or panels shall
not exceed 100 mm and that horizontal rails are spaced at least 1.2 m apart measured
vertically between the top of the bottom horizontal rail to the top of the upper
horizontal rail.
6.1.3
A wall, or one or more walls, of a building provided said wall is at least 2.0 m in
height and has no ledge or step closer than 1.2 m above the ground, measured
vertically and that if said wall of a building contains any opening which could provide
ingress directly into the swimming pool area, that such openings are to be kept locked
at all times when such pool is not under competent supervision.
7. GATES
7.1
Every gate shall meet the construction detailed in Section 5 and be supported by
substantial hinges and be equipped with self-closing and self-latching hardware as
approved by the Chief Building Official or his designate. The self-latching hardware
is to be installed at the top and on the inside of the gate. Every gate shall be kept
closed and locked at all times when the pool is not under competent supervision.
Thumb-latch latching hardware does not constitute an approved self-latching device.
7 .2
Where double gates are used, both sections shall be supported by substantial hinges
and one section equipped with approved self-closing and self-latching hardware,
having the self-latching hardware located on the top inside of the gate. The
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
Page4
remaining section of the gate is to be equipped with a ground pin and lock to
mechanically secure that section of the gate. Both sections of the gate to be locked at
all times when the pool is not under competent supervision.
7 .3
The maximum spacing between panels, vertical boards or vertical pickets on the
outside face of a gate or fence or part thereof having a diagonal member shall not
exceed 38 mm. Where a diagonal member exists, vertical panels, boards or pickets
must be placed on the outside face of a gate or fence or part thereof.
8. GENERAL PROVISIONS
8 .1
Every fence enclosing a swimming pool area shall be located not less than 1.2 m from
the inside edge of the pool, except that this condition shall be deemed to be met
where:
8.1.1
The total height of the pool wall above grade, plus a fence extension above the pool
wall meeting the construction detailed in Section 5, totals at least 2.0 m above grade
OR,
8.1.2 An approved pool fence enclosing a swimming pool area is located at least 1.2 m
from any other existing fence other than fences located on adjacent property or
property lines other than property lines that are in common with the property on
which the swimming pool is located.
8.2
Where steps or ladder, fixed or movable, are installed in conjunction with an above
ground swimming pool, such facility shall be fenced at grade with fencing and gates
meeting the construction detailed in Section 5.
8.3
Where a pool deck or ramp or part thereof is located a distance greater than 1.8 m
above grade, a handrail or balustrade shall be provided and maintained around the
outer edge, having a height of at least 1070 mm above such deck or ramp.
8.4
Where a pool deck or ramp or part thereof is located a distance not more than 1.8 m
above grade, a handrail or balustrade shall be provided and maintained around the
outer edge, a height of at least 900 mm above such deck or ramp.
8.5
There shall be no space greater than 100 mm between the bottom of any fencing
and/or gates and the finished grade beneath such fencing and/or gates(s).
8.6
For the purpose of this by-law where:
8.6.l
A Subdivision Agreement within the meaning of the Planning Act 1990, p.13, as
amended, is registered on title against land upon which a swimming pool is located,
and
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
Page 5
8.6.2 the said Subdivision Agreement includes specifications for the erection of fencing,
and
8.6.3
said fencing has been erected in accordance with the said specifications, then such
fencing shall be deemed to comply with the intent of specifications for the type,
height and location of fencing as set out in Section 5.
8.6.4
Swimming pool permits in un-assumed subdivisions will not be issued until the
homeowner obtains a clearance letter from the developer or engineer stating that the
developer or engineer is in agreement with the proposed works. Notwithstanding this
requirement, the Chief Building Official may waive this requirement in extenuating
circumstances, such as the developer or engineer cannot be located.
8.6.5
Where swimming pool permits in assumed subdivisions will involve works associated
with the swimming pool (ie. alteration of grade, retaining walls, etc.) within 0.5 m of
the property line, a Site Alteration permit will be required in addition to a pool
permit.
9. The owner of any land upon which an outdoor swimming pool is located shall keep such
swimming pool covered except during seasons when the pool is actually in use. Such
pool cover shall be of durable material and construction and shall be adequately
secured in place.
10. PLACEMENT OF WATER IN POOL
10.1
No person shall place water in or allow water to remain in any swimming pool until
such time as fences and gates have been installed and approved in accordance with
the requirements ofthis By-law.
10.2
Temporary fencing as approved by the Chief Building Official or his designate shall
be used until the basic construction of the swimming pool has been completed, at
which time permanent approved fencing shall be erected in accordance with this By-
law prior to water being placed in the pool.
11. No person shall install or allow the use of any barbed wire, broken glass or electrification in
connection with any swimming pool fencing.
12. PERMITS
12.l
The owner of lands upon which it is intended to construct or erect a swimming pool,
or his agent, shall apply to the Chief Building Official for a permit certifying approval
of such fences and gates. Plans for all such fences and gates shall be submitted with
the application, and no permit shall be issued
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAWNUMBER 74-2005
Page 6
unless the fences and gates shown on such plans comply with the provisions of all
applicable by-laws of the City of Burlington.
12.1.1 No permit shall be issued unless the pool location is in compliance with all provisions
of relevant municipal zoning by-laws and agreements of the City of Burlington, and
unless approvals have been obtained from various other agencies or government
authorities where required.
12.2
Permit Fees Schedule
12.2.1 The applicant shall pay a fee in accordance with Appendix "A". The fee pursuant to
this By-law shall be payable upon application for the permit. The Chief Building
Official shall verify the applicant's valuation or determine a value on the work and
the applicant shall pay the fee or balance of the fee in accordance with Appendix "A"
before the permit is issued.
12.2.2 The value shall consist of the total cost of the pool installation or erection including
the total value of all work, services and materials in respect of its construction and of
all professional and related services with exception of professional landscaping
services. The value includes but is not limited to:
a)
materials and the supplying or furnishing and placing thereof;
b)
equipment and the furnishing or supplying thereof;
c)
the doing of any work and services for the purpose of the
construction;
d)
professional and other services related to the proposed construction.
12.3
Notice of Change
12.3.1 No person shall make a change or cause a change to be made to a plan, specification,
document or other information on the basis of which a permit was issued without
notifying the Chief Building Official or his designate, and filing details of such
change with him for the purpose of obtaining his authorization.
12.4
Revocation of Permit
12.4.1 The Chief Building Official may revoke a permit,
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
Page 7
12.4.1.1 where it was issued on mistaken or false information;
12.4.1.2 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
12.4.1.3 where the construction or erection of the swimming pool is, in the opinion of the
Chief Building Official, substantially suspended or discontinued for a period of
more than one year.
12.4.2
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 ground for revocation continues to exist, the permit shall be revoked
without further notice and all submitted plans and other information may be
disposed of or, at the request of the permit holder, returned as directed.
12.5
Permit Expiry and Renewal
12.5.1
A permit issued pursuant to this by-law shall be valid for a period of six months
from 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 and so long as the work is
carried on at a reasonable rate to completion.
12.5.2
A permit may be renewed once for a further six month period without the need for
re-submitting the documents referred to in Section 12 upon submitting a written
request for renewal and payment of a $50.00 fee to the Chief Building Official
before the expiry of the initial six month period and provided such permit would
still be issuable.
12.5.3
Where no written request for renewal is submitted to the Chief Building Official
before the expiry of the six month period or where a permit has been renewed once
with work not being commenced before the expiry of the six month period, the
permit shall automatically lapse and a new application shall be required along with
fees applicable at that time.
12.6
Transfer of Permit
12.6.1
Permits are transferable only upon the completion of a permit application form by
the new owner or his agent in accordance with Section 12.1 and subject to approval
by the Chief Building Official who may attach any conditions thereto.
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAWNUMBER 74-2005
Page 8
12. 7
Permit Refunds
12. 7.1
Where a permit has not been acted upon and the holder of the permit returns it for
cancellation prior to the commencement of the project, before such permit has
expired or been revoked, the holder of the permit shall be entitled to a refund not to
exceed one-half of the permit fee paid, provided, however, that no refund shall be
made which shall result in the retention by the Corporation of the City of
Burlington, of a sum less than the minimum fee payable.
12.7.2
Where the applicant for a permit cancels the application prior to the issuance of the
permit, the Chief Building Official may retain an amount of not less than one
quarter of the permit fee payable, as is in his opinion appropriate, having regard for
the stage to which the application has been processed, and the balance of the fees
actually paid will be refunded to the applicant, provided that no refund will be made
which shall result in the retention by the Corporation of the City of Burlington, of a
sum less than the minimum fee payable.
13. No swimming pool may be excavated, constructed or erected until a Permit referred to in
Section 12 of this by-law has been applied for and issued.
14. The owner of lands upon which it is intended to install any swimming pool heating
equipment, or his agent, is required to apply to the Chief Building Official for and obtain
from him a heating permit before any such heating equipment is installed.
15. The owner of lands upon which it is intended to construct or erect a swimming pool or upon
which a swimming pool is located, or his agent, shall apply to the Chief Building Official for
and obtain from him, a plumbing permit before any direct connection between a swimming
pool and any water supply and a swimming pool and any drain is installed.
16. ENFORCEMENT AND PENALTY
16.1
Enforcement of this By-law shall be under the jurisdiction of the Chief Building
Official.
16.1.1
Every person who contravenes any provision of this by-law is guilty of an offence
and is liable upon conviction to a penalty not exceeding $5,000.00 exclusive of the
costs. Such fine shall be recoverable under the Provincial Offences Act.
16.1.2
Where the owner of a pool fails to erect a fence and gates around such pool in
accordance with the provisions of this by-law and allows water to be placed and
remain therein, the Council may, by by-law, direct that such pool be drained at the
owner's expense and the Corporation may recover the expense
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 74-2005
Page 9
incurred in doing so by action, or in a like manner as municipal taxes, or the
expense incurred by it with interest shall be payable by such owner in annual
instalments not exceeding ten years as Council may determine.
16.1.3
Where an offence under this By-law is a continuing offence, charges may be laid
for each day during which the offence continues.
16.1.4
Where a Court declares any section or part thereof of this By-law invalid, the
remainder of this by-law shall continue in full force and effect.
17. By-law 131-2004 is hereby repealed.
ENACTED AND PASSED THIS 1 J1h day of October, 2005.
-~\
OJ)f1--"'-"=+-(;y, __ CITY CLERK
Kim Phillips
'
APPENDIX "A"
Permit Fees Schedule
I. Pool Permit (to construct or erect)
Above ground pool (to construct or erect)
On ground pool (to construct or erect)
In ground pool (to construct or erect)
Temporary pool (to construct or erect)
$150.00
$300.00
$300.00
$75.00
Note: "Above Ground Pools" are built with the base of the pool at grade
(ground) level, "On Ground Pools" are built below grade with the
top of the pool elevation a minimum of J 50mm above grade level,
and "In Ground Pools" are built with the top elevation of the pool
at grade level.
II. Plumbing Permit (to connect a swimming pool to any water supply and/or any drain if
not covered in main permit application).
Basic fee
$150.00