By-Law No. 2022-37 - A By-Law to amend the Township of Chapleau's Approved Zoning By-law 2013-11, as amended, to Regulate Pools
Chapleau, Ontario
· adopted 2022-05-30
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THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU
By-Law No.2022-37
Being a By-Law to amend the Township of Chapleau's
Approved ZoningBy-law 20l3-ll, as amended, to Regulate Pools
WHEREAS authority is granted under Section 34 of the Planning Act, Chapter
P.13, R.S.O. 1990;
AND WHEREAS the Council of the Township of Chapleau deerns it necessary
and expedient to amend By-law 2013-11 with respect to fences and gates around
swimming pools;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Township of Chapleau enacts as follows:
l. Section 4 DEFINITIONS be amended by adding the following new definitions
and same be inserted in alphabetical order:
"Fence shall mean a fence, wall or other like structure and includes Gates:
Gate shall mean the part of a Fence which provides access througlr the Fence line;
Ground Level shall mean the highest level of the ground atany point around the
exterior of a Swimming Pool or around the exterior side of a Fence;
Lock shall mean a keyed or combination lock and "Locked" has a corresponding
meaning.
Owner shall mean the owner, tenant, lessee or other person in care and control of the
property;"
2. That Paragraph2 of Section 6.3 be deleted in its entirety
3. That the following be inserted after Section 6.3 and before Section 6.4 and that all
subsequent sections be renumbered accordingly:
6.4
Swimming Pools and Hot Tubs
6.4.1 No Person shall excavate for, install, construct or erect a Swimming Pool in
the Township of Chapleau without a perrnit to do so issued by the Township.
6.4.2 No Swimming Pool permit shall be issued unless the Site Plan for such
Swimming Pool and any change made thereto is approved by the Chief
Building Official.
6.4.3
a)
b)
c)
Permit Application
Every Person applyng for a Swimming Pool permit shall provide to the
Chief Building Official:
A Site Plan for the proposed construction of the Swimming Pool and Fence
A completed application form as provided by the Chief Building Official;
and
The applicable permit fee.
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ByJaw 2022-37
6.4.4
6.4.5
a)
b)
6.4.6
a)
b)
Water in Swimming Pools
No Person shall place water in or allow water to remain in a Swimming Pool
when the Swimming Pool is not surrounded by a Fence which is in full
compliance with all provisions of this By-law.
Fence
Every Swimming Pool shall ensure that a Fence is erected and maintained
surrounding such Swimming Pool and in every case the Fence shall:
Where the Swimming Pool is located on the property of a single-detached or
serni-detached dwelling, have a height of not less than 1.5m (4 feet, I 1
inches) measured from Ground Level to the top of the Fence; or
Where the Swimming Pool is located on property other than that of a single-
detached or semi-detached dwelling, have a height of not less than 1.8m (5
feet, 11 inches) measured from Ground Level to the top of the Fence.
Notwithstanding the above, a Fence surrounding a Swimming Pool is not
required where the Swimming Pool is an above-ground Swimming Pool and
where:
i)
The vertical sides of the Swimming Pool and any deck or other
assembly forming part of the Swimming Pool are the same
minimum height as the Fence height.
Is located at least 0.5m (1 foot, 8 inches) away from any other
Fence or other permanent object that may facilitate climbing of the
Swimming Pool Fence;
Is erected and maintained in a structurally sound condition so as to
prevent access to the Swimming Pool when the Swimming Pool is
not in use;
Has a maximum opening of 0.1m (4 inches) between the bottom of
the Fence and the ground at any point directly below the Fence;
Where such Fence is chain link, does not have diamond mesh
greater than 5 cm (2 inches) per link;
Does not have any barbed wire forming any part of the Fence or
forming any appurtenance thereto;
Is not capable ofprojecting electric current through any portion of
the Fence or any appurtenance thereto;
Where such Fence is constructed with vertical members, the
maximum opening between each vertical member is 0.1m (4
inches); and
Is constructed and maintained in such a manner so as to prevent the
climbing thereof.
ii)
iv)
v)
vi)
vii)
viii)
iii)
ix)
Notwithstanding the above, the Swimming Pool Fence may be constructed
within 5m (1 foot, 8 inches) of another Fence or other permanent object
provided that the height of the Swimming Pool Fence is authorized by the
Chief Building Official and such authorizatton is entered on the Site Plan or
on the permit issued by the Township.
Where any horizontal members of the Swimming Pool Fence are less than
l.2m(3 feet, 11 inches) apart, the maximum opening between the vertical
members of the Fence shall be 5 cm (2 inches).
Requirements pursuant to Sections 6.4.5
Such vertical sides and assemblies are constructed and maintained in such a
manner to prevent the climbing thereof; and
Any ladder or stair assernbly providing access to the Swimming Pool or to
any deck or other assembly forming part of the Swimming Pool is hinged
and constructed in a manner so as to be latched in an upright position
thereby preventing entry to the Swimming Pool.
6.4.7 Hot Tubs
Notwithstanding Section 6.4 of this By-Law, when any Swimming Pool is a
hot tub, the Owner of such Swimming Pool shall ensure that:
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By-law 2022-37
a) All Fence provisions of this By-law are complied with; or
b) Such hot tub is fitted with a lid or cover that withstands human weight
without collapse and such lid or cover is Locked in place at all times when
the hot tub is not in use.
6.4.8
a)
b)
c)
d)
e)
Gates and Ladders
Every Owner of a Swimming Pool shall ensure that:
Every Gate is equipped with a self-closing mechanism and a selfJatching
device and such mechanisms and devices are in proper working order at all
times;
Every self-latching device is installed on the Swimming Pool side of each
Gate near the top of the Gate and such device is at least 1200mm (3 feet, l1
inches) above Ground Level;
Every Gate is Locked at all times when the Swimming Pool or pool area is
not being used; and
Where the Swimming Pool is an above-ground Swimming Pool, every
ladder or other stair assembly providing access to the Swimming Pool is
Locked in the upright position at all times when the Swimming Pool is not
being used.
Notwithstanding the above, a self-closing mechanism shall not be required
on a Gate where such mechanism is deemed by the Chief Building Official
as not practical for the type of Fence and Gate being used; however in all
such cases, every Owner of a Swimming Pool shall install and maintain
comparable hardware as indicated by the Chief Building Official on the Site
Plan or the permit issued by the Township.
6.4.9
Exemption
A permit shall not be required under this By-law for any Swimming Pool for
which a permit has been issued by the Township prior to the passing of this
By-Law provided that the Swimming Pool Fence was constructed in
compliance with the By-Law under which such permit was issued and
continues to be maintained in a safe and sound condition."
4. That all other provisions of By-Law 2013-11 shall remain in full force and effect.
5. That this by-law shall come into force and take effect the 30th day of May 2022.
Read a FIRST, SECOND and THIRD time and FINALLY passed this 30ft day of
May,2022
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By-law 2022-37
Mayor
Clerk