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Township of Cavan Monaghan
By-law No. 2012-59
Being a by-law to require the owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around such
swimming pools.
Whereas the Municipal Act, 2001 S.O. 2001, c.25, as amended, authorizes
the councils of municipalities to pass by-laws with respect to health and safety,
and well being of persons;
And Whereas the Council for the Township of Cavan Monaghan deems it
advisable to pass a by-law requiring owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around such
swimming pools, for prescribing the height and description of, and the manner
of erecting and maintaining such fences and gates and for prohibiting persons
from placing water in privately owned outdoor swimming pools or allowing
water to remain therein unless the prescribed fences and gates have been
erected, for requiring the production of plans of all such fences and gates, for
the issuing of a permit certifying approval of such plans which, without permit,
no privately owned outdoor swimming pool may be excavated for or erected
and for authorizing the refusal of a permit for any such fences or gates that if
erected would be contrary to any by-law of the Municipality.
Now Therefore be it enacted as a by-law of the Township of Cavan
Monaghan as follows:
Title:
By-law 2012-59 may be referred to as the "Swimming Pool By-law" for
privately owned outdoor swimming pools.
Definitions:
In this By-law;
2.1
"Authority having jurisdiction" means the By-law Enforcement
Officer, the Chief Building Official and any official authorized by
Council to administer this by-law;
2.2
"Effective ground level" means the highest level of the ground at
any particular location taking into consideration the surrounding
ground level for a horizontal distance of four feet either side of
the location being considered. For the purposes of this definition
a floor may be considered as the ground;
2.3
"Privately-owned outdoor swimming pool" means any privately-
owned body of water located out of doors which is contained
wholly or partly by artificial means and which can hold water
exceeding 61 cm (24") in depth at any point, and which is used
or capable of being used for swimming, wading, diving or
bathing. Not included in this definition is any swimming pool
owned by a public or governmental body, agency or authority, a
farm pond or any other body of water used for water supply or
the water supply for livestock.
2.4
"Service Entrance" means that entrance into a building which is
normally used by persons entering such building for the purpose
of delivering goods or rendering maintenance services as
opposed to the main or principal entrance. For the purpose of
this By-law any building entrance other than the principal
entrance may be considered to be a service entrance.
2.5
"Swimming Pool Area" means the swimming pool plus any
surrounding platforms, walkways, play areas and landscaped
areas which lie within the swimming pool enclosure;
2.6
"Swimming Pool Enclosure" means a fence or wall or
combination thereof including any doors or gates surrounding a
privately-owned outdoor swimming pool and restricting access
thereto.
2.7
"Built-up area" means an area having not less than fifty percent
(50%) of the frontage, for a distance of not less than one
hundred and fifty meters (150 meters) on one side of a roadway
occupied by dwellings, buildings used for business purposes,
schools or churches; or an area having not less than fifty percent
(50%) of the frontage upon both sides of the roadway for a
distance of not less than one hundred meters (100 meters)
occupied by dwellings, buildings used for business purposes,
schools or churches.
2.8
Any word or words not defined herein shall rely on the definition
given that word or words in the Zoning By-law of the Township of
Cavan Monaghan.
Authority:
The authority having jurisdiction shall administer this By-law.
Application and Fees:
An application for a permit to construct an enclosure around a privately-
owned outdoor swimming pool shall be submitted to the authority
having jurisdiction together with drawings in duplicate showing all
details of the proposed work including proposed fencing. Permit fees
shall be as per User Fee and Charges By-law 2012-10.
Permits:
5.1
No person shall excavate for, erect or construct a privately-
owned outdoor swimming pool without first obtaining a permit to
do so from the authority having jurisdiction.
5.2
No person shall erect or construct a privately-owned outdoor
swimming pool so as to interfere with the natural drainage of
adjacent lands or to adversely affect the operation or
effectiveness of any sewage disposal system.
5.3
The required clearances between swimming pools and private
sewage disposal systems shall be as follows:
5.3.1 The minimum distance between a swimming pool and a
septic tank shall be 1.524 meters (5 feet).
5.3.2 The minimum distance between a swimming pool and a
leaching bed where the bottom of the distribution pipe is
below the level of the lowest part of the pool shall be
3.048 meters (10 feet).
5.3.3 The minimum distance between a swimming pool and a
leaching bed where the bottom of the distribution pipe is
on the same level or above the lowest part of the pool
shall be 7.62 meters (25 feet).
5.4
The location of all privately-owned outdoor swimming pools, pool
heaters, pool filters, accessory buildings, and other related
structures are subject to the requirements of the Comprehensive
Zoning By-law.
5.5.
No person shall install or cause to be installed any overhead or
underground electrical wiring related to any privately-owned
outdoor swimming pool without a permit being issued by Hydro
One.
5.6
No outdoor swimming pool shall be constructed closer than 1
meter from the property line.
Required Enclosures:
6.1
The owner of any lands on which a privately-owned outdoor
swimming pool is located or erected or proposed to be located or
erected shall erect and maintain in good order an enclosure
around the entire swimming pool area as set out in this By-law.
The purpose of such enclosure will be to render the pool area
inaccessible to small children acting on their own.
6.2
No person shall fill or cause to be filled a privately-owned
outdoor swimming pool with water or allow water to remain
therein unless the required enclosure prescribed by this By-law
has been provided.
6.3
Despite the provisions of Subsection 6.2 of this By-law, where by
reason of the nature of construction of a privately-owned outdoor
swimming pool it is necessary to fill the swimming pool with
water during the construction of the swimming pool, the owner, in
lieu of a swimming pool enclosure prescribed herein, may erect
and maintain, or cause to be erected and maintained, a
temporary fence completely around the swimming pool until
construction is completed and, upon completion of such
construction, the owner shall immediately replace, or cause to be
replaced, the temporary fence with a swimming pool enclosure
as prescribed in this By-law.
6.4
The swimming pool enclosure required under this By-law shall
extend from the effective ground level to a minimum vertical
height of;
6.4.1 1.22 meters (4 feet) in the case of a privately-owned
outdoor swimming pool serving a detached or semi-
detached dwelling unit or a multi-family development of
not more than four dwelling units;
6.4.2 1.524 meters (5 feet) in the case of a privately-owned
outdoor swimming pool serving a multiple family
development containing more than four dwelling units or a
commercial development, such as a hotel, motel, resort,
inn or a swimming pool sales display or a club.
6.5
The wall of a building may form part of the required pool
enclosure, except where such a provision would result in any of
the following being located within said pool enclosure;
6.5.1 a main building entrance;
6.5.2 a service entrance to a multiple occupancy building
containing more than four dwelling units;
6.5.3 a utility meter or furnace oil filler pipe which requires
periodic inspection or attendance by utility or service
personnel.
6.6
The required swimming pool enclosure (except for any building
wall which may form part thereof) shall have no attachments on
the exterior face such as horizontal or diagonal bracing,
horizontal rails or other members which would facilitate climbing.
6.7
The swimming pool enclosure shall be located at least 4 feet in
distance from any outside structure, fence, tree, air conditioning
unit, meter, steps, ledges, window sills, etc. which might afford a
means whereby the enclosure could be scaled from the outside
by a small child.
6.8
The swimming pool enclosure shall be constructed in
accordance with Sections 7 and 8 of this By-law.
Fences as Enclosures:
7.1
A fence or its equivalent which is to form a swimming pool
enclosure or part thereof shall be of;
7.1.1 chain link construction or;
7.1.2 vertical board construction.
7.2
A fence of chain link construction 1.22 meters (4 feet) high shall;
7.2.1 have a mesh not greater than 3.81 cm (1.5") consisting of
12 gauge galvanized steel wire or of 14 gauge steel wire
covered with vinyl or other approved coating which would
yield a total thickness equivalent to 12 gauge steel wire;
7.2.2 be supported by a minimum 3.81 cm (1.5") diameter
galvanized steel posts spaced not more than 3.048
meters (10 feet) apart. Such posts must extend at least
.92 meters (3 feet) below grade and be encased in
concrete at least 5.05 cm (2") thick all around;
7.2.3 have top and bottom rails firmly fastened to the upright
posts, made of a minimum 3.175 cm (1.25") galvanized
steel pipe. A 9 gauge galvanized steel wire or 11 gauge
wire with vinyl or other approved coating, forming a total
thickness equivalent to 9 gauge galvanized wire, may be
substituted for a bottom horizontal rail.
7.3
A fence of chain link construction 1.524 meters (5 feet) high
shall;
7.3.1 have a mesh not greater than 3.81 cm (1.5") consisting of
12 gauge galvanized steel wire or of 14 gauge steel wire
covered with vinyl or other approved coating which would
yield a total thickness equivalent to 12 gauge steel wire;
7.3.2 be supported by a minimum 3.81 cm (1.5") diameter
galvanized steel posts spaced not more than 3.048
meters (10 feet) apart. Such posts must extend at least
1.22 meters (4 feet) below grade and be encased in
concrete at least 5.05 cm (2") thick all around;
7.3.3 have top and bottom rails firmly fastened to upright posts
and made of 3.18 cm (1.25") diameter galvanized steel
pipe.
7.4
A fence of wood construction shall:
7.4.1 have vertical boarding 2.54 cm (1") nominal thickness
attached to a top and bottom rail in such a manner as to
not facilitate climbing from the outside. Such vertical
boards must not be less than 2.54 cm X 10.16 cm (1" X
4") nominal and must be spaced not more than 3.81 cm
(1.5") apart;
7.4.2 be supported by posts at least 10.16 cm X 10.16 cm (4" X
4") nominal dimensions spaced not more than 2.44 meters
(8 feet) apart. Such posts shall extend at least .92 meters
(3 feet) into the ground and be securely embedded
therein;
7.4.3 have the entire post treated with an approved wood
preservative unless the post is factory "pressure treated";
7.4.4 have top and bottom rails at least 5.08 cm X 10.16 cm (2"
X 4") nominal dimensions.
7.5
A fence (or its equivalent) of any other construction which yields
an equivalent or greater degree of safety to that specified in
subsections 7.2, 7.3 and 7.4 of this Section may be approved by
the authority having jurisdiction upon receipt of completed plans
and specifications for such fence.
7.6
Fences (or their equivalents) when forming part of the required
swimming pool enclosure shall:
7.6.1 contain no barbed wire, electrical wiring, sharp projections
or any other dangerous characteristics either on the
outside or the inside;
7.6.2 be located not less than 1.22 meters (4 feet) from the
nearest inside wetted surface of the swimming pool wall.
Gates and Entrances to the Pool Area:
8.1
Gates which form part of the swimming pool enclosure shall be:
8.1.1 of such height and of such construction as will provide a
degree of safety and rigidity equivalent to or greater than
that of a required fence;
8.1.2 supported on substantial hinges;
8.1.3 self-closing and self-latching with the latching device at
the top of and on the inside of the gate.
8.2
Doors which form part of the swimming pool enclosure but which
do not lead directly from a private dwelling unit or rooming unit
shall be:
8.2.1 of such height and such construction as will provide a
degree of safety and rigidity equivalent to or greater than
that of a required fence;
8.2.2 supported on substantial hinges;
8.2.3 self-closing and self-latching with the latching device
located at least 1.524 meters (5 feet) above the bottom of
the door.
8.3
All entrances to the pool area which form part of the swimming
pool enclosure, whether they be doors, windows or gates, shall
be kept locked at any time when the pool contains 61 cm (24") of
water and is not attended by a responsible person;
8.4
The owner of any land upon which a privately-owned outdoor
swimming pool is located, shall keep such swimming pool
covered except during the season when the pool is actually in
use. Such pool cover shall be of durable material and
construction and shall be adequately secured in place.
Above Ground Swimming Pools:
9.1
Notwithstanding anything contained herein, an enclosure shall
not be required where the outside wall of a pool is elevated at
least 1.22 meters (4 feet) above the effective ground level
adjacent to the pool and shall be equipped with a "self locking"
entry ladder or have the ladder removed when it is not attended
by a responsible person. The outside wall of the pool shall be
free of any horizontal members or diagonal bracing which might
facilitate climbing by a small child acting on his/her own.
9.2
Inflatable or other "Above Ground Swimming Pools" which hold
more than 24" of water but are not permanently fixed in one
location do not require a "Pool Permit". However, all safety
requirements set out in this By-law for "Above Ground Pools"
apply.
9.3
Certain above ground privately-owned outdoor swimming pools
which have as an integral part of their construction a fenced
walkway around all or part of the pool shall be deemed to comply
with this by-law if;
9.3.1 the fence is a minimum of 91.44 cm (36") in height and
9.3.2 the fence is a minimum of 91.44 cm (36") from the wetted
wall of the pool; and
9.3.3 all entrances to the pool and all pool related equipment
within 1.524 meters (5 feet) of the pool shall be made so
as not to be made accessible or assist in accessing the
pool by a small child acting on his/her own.
Built-Up Areas:
10.1 Notwithstanding anything contained herein, any man-made pond,
water garden, on-grade fountain pool, wading pool, or other body
of water exceeding 61 cm (24") in depth and located in a "built-up
area" as defined by this By-law shall comply with all of the
requirements of this By-law.
Hot Tubs:
11.1 The fencing provisions of this By-law relating to privately-owned
outdoor swimming pools shall not apply to a privately-owned
outdoor hot tub, whirlpool or spa provided the owner of the hot
tub, whirlpool or spa, as the case may be, has equipped the hot
tub, whirlpool or spa with a secure, rigid cover.
Geothermal or Ground Source Heat Pumps:
12.1 Ponds deeper than 24" which are constructed for the purpose of
providing water for geothermal or ground source heat pump
systems must meet all fencing requirements set out in this by-law
for in ground pools.
Exceptions:
13.1 The provisions of this By-law relating to the erection of fences
and swimming pool enclosures shall not apply to fences and
swimming pool enclosures lawfully erected prior to the final
passing of this By-law.
Penalties:
14.1 Every person who contravenes or causes or permits the
contravention of any provision of this By-law is guilty of an
offence, pursuant to the provisions of this By-law and the
Provincial Offences Act, R.S.O. 1990 c.P33, as amended (or
successor legislation thereof) and, upon conviction, is liable to a
fine of up to $5,000.00 or to the maximum fine that may now or
hereinafter be applicable pursuant to that legislation.
Effect:
15.1 This By-law shall come into force and take effect immediately on
the passing hereof and any owner not complying with the
regulations herein contained shall drain the privately-owned
outdoor swimming pools or body of water and keep it drained
until such time as the regulations herein are complied with.
Repealed By-Laws:
16.1 By-law 2005-36 is repealed in its entirely immediately
subsequent to this By-law coming into full force and effect.
Read a first, second and third time and passed this_______ day of
__________ 20______.
______________________ __________________________
John Fallis Elana Arthurs
Mayor Clerk