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BY-LAW NO. 87-2019
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE TO
REGULATE THE ERECTION OF POOLS AND THEIR REQUIRED SAFETY
ENCLOSURES.
WHEREAS Section 11(1) provides that a lower-tier municipality may provide any
service or thing that the municipality considers necessary or desirable for the public,
subject to the rules set out in subsection (4); and
WHEREAS Section 5.3 of the Municipal Act, 2001 (S.O. 2001, c.25) authorizes that
municipal powers, including municipality's capacity, rights, powers and privileges under
Section 9, shall be exercised by by-law unless the municipality is specifically authorized
to do otherwise;
AND WHEREAS Section 11 (2) 6. of the Municipal Act, 2001 (S.O. 2001, c.25) provides
that a lower-tier municipality may pass by-laws respecting the health, safety and well-
being of persons; and
WHEREAS Section 128 of the Municipal Act 2001, S.O. 2001 c.25 provides that a local
municipality may prohibit and regulate with respect to public nuisances, including
matters that in the opinion of council is or could become or cause public nuisances; and
WHEREAS Section 130 of the Municipal Act 2001, S.O. 2001 c. 25, a municipality may
regulate matters not specifically provided for by this Act or any other Act for purposes
related to the health, safety and well-being of the inhabitants of the municipality; and
WHEREAS Council for The Corporation of the Town of Carleton Place deems it
advisable to pass a by-law to regulate the erection of pools and their safety enclosures;
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place
enacts as follows:
1. DEFINITIONS
1.1.
In this By-law, the terms:
1.1.1.
"Above-grade pool" means a pool installed entirely on or above
established grade;
1.1.2.
"Below-grade pool" means a pool installed entirely below grade
with no more than 150mm (6 in) above established grade;
1.1.3.
"By-law" means the Pool and Pool Enclosure By-law;
1.1.4.
"Chief Building Official" means the person so appointed by
Council pursuant to the provisions set out in the Ontario Building
Code Act or their designate as required from time to time;
1.1.5.
"Development Permit By-Law" means the most current version of
the Town of Carleton Place Development Permit By-Law;
1.1.6.
"Enclosure(s)" means any combination of fence, wall or other
structure, including gates, surrounding a pool to restrict access
thereto, and in the case of a hot tub, a lid made lockable by a
manufactured device to be installed and in effect when not in use
that restricts access to a pool;
1.1.7.
"Established grade" means the elevation of the finished surfaces
immediately surrounding the outside of the enclosure;
1.1.8.
"Exterior Side Yard" means a side yard adjacent to a public street.
In the case of an irregular lot, if a proposed building or structure
conforms to the yard requirements but would be located closer to
the property limit than the minimum distance required, the minimum
distance required shall be applied between the property limit and
the closest part of the building or structure;
1.1.9.
"Front Yard" means a yard extending across the full width of the
lot between the front lot line and a line drawn parallel or concentric
thereto and through the point of the main wall of a main building
closest to the front lot line;
1.1.10. "Hybrid-pool" means a pool that is constructed to be partially
below established grade to a depth of no more than 0.9m (3 ft);
1.1.11. "Hot tub" means a large tub that may be filled with hot aerated
water used for recreation or physical therapy and is commonly
referred to as a whirlpool or Jacuzzi;
1.1.12. "Interior side yard" means a yard extending from the front yard to
the rear yard between the side lot line and a line drawn parallel or
concentric thereto and through the point of the main wall of a
building closest to the side lot line;
1.1.13. "Lot, Lots" means a parcel of land which is capable of being
legally conveyed in accordance with the Planning Act;
1.1.14. "Lot line" means a boundary line of a lot;
1.1.15. "Municipal Law Enforcement Officer" means the person
appointed by Council to enforce Municipal By-laws;
1.1.16. "Ontario Building Code" means the most current version of the
Ontario Building Code in effect;
1.1.17. "Permit" means permission or authorization in writing from the
Chief Building Official to erect enclosures around pools as regulated
by this By-law;
1.1.18. "Pool" means a residential privately owned outdoor pool of water
for swimming, bathing, wading or reflecting which is capable of
retaining a water depth equal to or greater the 600 mm (24") at any
point, but shall not include facilities for the purposes of providing
water to livestock or for irrigation of crops which are associated with
and located on land devoted to the practice of farming;
1.1.19. " Professional engineer" means a licensed and insured Structural
Engineer practicing in the Province of Ontario.
1.1.20. "Rear lot line" Means the lot line furthest from, and opposite to, the
front lot line, except in the case of a lot with frontage on a
waterbody where there is no rear lot line
1.1.21. "Rear yard" means a yard extending across the full width of the lot
between the rear lot line and a line drawn parallel or concentric
thereto and through the point of the main wall of the main building
closest to the rear lot line. Where there is no rear lot line, the rear
yard shall be measured from the intersection of the side lot lines to
the closest point of the main wall of the main building. In the case of
a lot on a waterbody, the rear yard shall be considered to be on the
opposite side of the principle access to the building;
1.1.22. "Stagnant" means untreated water having no current or flow and
often having an unpleasant smell and appearance and can become
a breeding location for insects as a consequence of its condition;
1.1.23. "Town" means all the lands contained within the Corporation of the
Town of Carleton Place.
2. GENERAL REGULATIONS
2.1.
No person shall erect or place a pool on any property within the Town
without first obtaining a permit from the Town.
2.2.
This By-Law regulates the erection of a pool and its enclosures. Safety once
within the enclosure is the responsibility of the owner/tenant of the property.
2.3.
Every owner/tenant of a privately-owned outdoor pool shall ensure that an
enclosure around such pool is constructed and maintained according to the
provisions of this By-law.
2.4.
No person shall place water in a pool unless the prescribed enclosures have
been erected in accordance with the provisions of this By-law.
2.5.
No person shall allow water to remain in a pool unless the enclosures have
been erected and maintained in accordance with the provisions of this By-
law.
2.6.
A permit is not required in the case of a pool which has been dismantled and
is being reconstructed in the same position, location, and manner in which it
was previously located as long as a permit was obtained for the original
installation, and the reinstallation meets the requirements of the By-law
under which the pool was originally erected, and the required enclosure is
still in place.
2.7.
No person shall permit part of any above-ground pool, in-ground pool,
hybrid-pool or any other pool including the surrounding decking, to be
located closer than 1.2m (4') to any rear yard or interior side yard lot line, no
closer than 3m (10') to that portion of the rear yard lot line which adjoins the
interior side yard of the adjoining lot, and on a corner lot no closer that the
required exterior side yard setback set out by the Development Permit By-
Law.
2.8.
No person shall permit pool in the front yard of a lot at any time.
2.9.
All water circulating or treatment equipment such as pumps, filters and
mechanical gas or electric heating equipment shall be meet the following
criteria:
2.9.1.
Shall not be closer than 1.2m (4') to a rear lot line;
2.9.2.
Shall not be closer than 1.2m (4') to any interior lot line;
2.9.3.
Shall be contained within the pool enclosure, or be enclosed by
fence which exceeds the height of the equipment by no less than
300mm (1');
2.9.4.
Shall not be located in the front yard, and
2.9.5.
May be contained in an existing or new building if the equipment
type permits (Gas fired appliance may not be permitted in a
building). Any new building will be subject to the Development
Permit By-law and will require a permit if over 10m2 in area.
2.10.
All Pools will be required to meet set back requirements from municipal
drains, natural water courses and environmentally sensitive areas as per the
Development Permit By-Law.
2.11.
There shall be a minimum horizontal distance of 750 mm (2' 6") between any
part of an enclosure and the inside face of a below grade pool wall assembly
for a continuous distance of at least fifty percent (50%) of the perimeter of
the pool.
3. PERMIT APPLICATION AND PERMIT REVOCATION
3.1.
To obtain a permit, the owner/tenant shall file an application either
electronically or in writing on the Town's pool or hot tub permit application
obtained from the Town Hall or from the Town's website.
3.2.
Except as otherwise permitted by the Chief Building Official, every
application shall include:
3.2.1.
Two (2) copies of a site-plan which will identify the location of the
pool, house, enclosure location in relation to the pool and the
house, self-latching and locking gate location(s) in the enclosure,
pool equipment location, well and septic location (if applicable) and
closest measured distance from the pool and enclosure to each
property line of the property it is being installed on.
3.2.2.
Two (2) copies of the dimensions of the pool being installed
(diameter, width, length) and the depth of the pool (indicating depths
in deep and shallow end if applicable), and height of the pool above
grade if applicable.
3.2.3.
Two (2) copies of the dimensions and details of the enclosure that
will be constructed around the pool.
3.3.
The Chief Building Official may revoke a pool or hot tub permit at any time if
any of the following criteria are met:
3.3.1.
It was issued based on mistaken, false or incorrect information;
3.3.2.
If after six (6) months after its issuance, the construction in respect
of which it was issued has not, in the opinion of the Chief Building
Official, been materially commenced.
3.3.3.
If the permit was issued in error.
4. POOL AND HOT TUB ENCLOSURES AND EQUIPMENT LOCATIONS
4.1.
Every owner/tenant shall ensure that any above-grade pool, below-grade
pool, hybrid-pool or any other pool or hot tub is provided with an enclosure
that meets the following criteria:
4.1.1.
Have a minimum height of 1.5 metres (5');
4.1.2.
Shall be of a close boarded, chain link or other approved design, to
reasonably deter individuals from climbing to gain access to the
fenced area;
4.1.3.
Shall have no openings under or in the fence that are greater than
100mm (4") in diameter;
4.1.4.
Shall have self-closing and self-latching hardware installed at the top
of the gate with the latch being located on the inside of the gate;
4.1.5.
Shall be lockable.
4.2.
Section 4.1 does not apply to above-grade pools which meet the following
criteria:
4.2.1.
The pool has a sidewall height of at least 1.2m (4') above
established grade;
4.2.2.
Sidewalls are smooth and have no horizontal projections of any type
on the exterior of the pool side that will facilitate climbing;
4.2.3.
Shall have no pool equipment or other climbable surface located
within 1.2m (4') of the sidewall of the pool, including any deck
structure;
4.2.4.
Shall have a removable ladder or a ladder that can be locked in a
non-climbable position when not in use.
4.3.
Any deck or pool enclosure that has access via a door opening from the
dwelling unit/liveable area of the unit shall have a device to lock the door
entering the aforementioned areas. The locking mechanism required shall
be installed at a minimum height of 1.36m (4.6') from the finished floor area.
4.4.
Barbed-wire or fencing energized by electrical current, sharp projections of
any other dangerous characteristics shall be prohibited as an enclosure for a
pool or hot tub.
4.5.
Any pool or hot tub with access from a deck area that has access via the
yard serving the residence shall be protected as per the requirements below:
4.5.1.
Shall be equipped with a protective gate with a height of at least
1.5m (5') that is self-closing, self-latching and self-locking, with the
locking/latching mechanism on the inside of the gate, and creates
an access barrier that separates access from the deck surface to
the pool surface; or
4.5.2.
Have an enclosure around the deck that provides access to the
pool as per section 4.1. of this By-law.
4.6. A Hot Tub is not required to meet the requirement of 4.5.1 as long
as it has a lockable lid system.
5. BUILDING PERMITS FOR DECK EXTENSIONS AND NEW POOL DECKS
5.1.
Any decks which are to be extended, or decks that are newly constructed,
which meet any of the following criteria, shall require a new building permit if
being installed in conjunction with a pool:
5.1.1.
Any freestanding deck with no attachment to the dwelling unit and
over 10m2 (108 ft2) in area;
5.1.2.
Any existing freestanding deck with no attachment to the dwelling
unit that is enlarged to be over 10m2 (108 ft2) in area, or
5.1.3.
Any deck of any size that a person would have to walk over when
exiting from a new or existing door that serves a dwelling unit.
5.2.
All decks that require permits as per 5.1 shall be required to have a building
permit and be constructed as per the requirements of the Ontario Building
Code.
5.3.
Decks being constructed shall be subject to the requirements of the
Development Permit By-Law.
5.4.
Any deck guards that are modified to accommodate access to a new pool
shall not make the guard non-compliant with the Ontario Building Code.
6. ELECTRICAL AND STRUCTURAL REQUIREMENTS
6.1.
Every pool and hot tub and surrounding deck that is supplied with an
electrical connection shall comply with the requirements of Ontario Electrical
Code as administered by the Electrical Safety Authority (ESA), and all
circuits shall be provided with ground fault interruption.
6.2.
Every hot tub that is installed on a deck shall have the deck structure
designed by a Professional Engineer, to ensure the deck structure has
capacity to safely and effectively support all live and dead loads as per the
Ontario Building Code.
7. INSPECTION
7.1.
Upon completion of installation of enclosure construction, pool and water
circulating or treatment equipment (such as pumps or filters equipment
installation), and electrical installation or any individual required portion
previously mentioned, the applicant shall be responsible to call the Chief
Building Official to have an inspection completed to ensure the installation of
any, or all of the above mentioned items matches submitted designs.
8. FEES
8.1. Permit fee for each pools and hot tubs shall be in accordance with the most
current Town of Carleton Place Fees By-law.
9. MAINTENANCE
9.1.
The owner/tenant, lessee or agent of the lot upon which any pool, hot tub,
and/or pool enclosure is located, shall maintain each pool, hot tub, and
enclosure in a proper state of repair, so that such pool, hot tub and/or
enclosure does not become unsafe, unsightly or dangerous.
9.2.
When an enclosure is not erected or maintained, in accordance with the
provisions of this By-law, the Chief Building Official or Municipal By-law
Enforcement Officer shall send a notice by registered mail or by hand to the
owner/tenant and occupant of the land on which the pool or hot tub is
located. This notification shall be sent to the owner/tenant and the occupant
address requiring him or her to make the enclosure conform to the
requirements of this By-law and the notice shall specify the time allowed for
compliance.
9.3.
Where the Chief Building Official or Municipal By-law Enforcement Officer
pursuant to 9.2 has sent a notice, and the requirements of the notice have
not been complied with, the Council may cause the work to be done and the
cost of the work shall be at the expense of the owner/tenant.
9.4.
When the Council causes the work to be done pursuant to Section 9.3, the
Town may recover the expense incurred in like manner as Municipal Taxes
10. ENFORCEMENT
10.1. This By-law may be enforced by any Municipal By-law Enforcement Officer.
10.2. No person shall interfere with a Municipal By-law Enforcement Officer
engaged in the enforcement of this By-law.
11. PENALTY:
11.1. Any person who contravenes any provision of this By-law is guilty of an
offence and, upon conviction, is liable to the penalties provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33.
11.2. Upon registering a conviction of any provision of this By-law, the Ontario
Court, Provincial Division, may in addition to any penalty imposed by this By-
law make an order prohibiting the continuation or repetition of the offence by
the person convicted.
12. REPEAL:
12.1. By-law No. 63-2008 as amended is hereby repealed in its entirety upon the
passing of this By-Law.
13. SHORT TITLE:
13.1. This By-law may be cited as the "Pool and Pool Enclosures By-law".
14. EFFECTIVE DATE:
14.1. This By-law shall not come into force and effect on the date of its passing.
READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY PASSED
THIS 10TH DAY OF SEPTEMBER, 2019.
__________________________
_________________________
Doug Black, Mayor
Stacey Blair, Clerk