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1
MUNICIPALITY OF CHATHAM-KENT
BY-LAW NUMBER 125-2008
Being a By-Law respecting the erecting and maintaining of enclosures and gates surrounding
privately owned outdoor swimming pools
WHEREAS the Council of the Corporation of the Municipality of Chatham-Kent may receive complaints
relating to privately owned outdoor swimming pools that are improperly secured;
AND WHEREAS the Council of the Corporation of the Municipality of Chatham-Kent may pass by-
laws to regulate and prohibit matters pertaining to fences and as part of that power, to provide for a
system of approvals and to impose conditions as requirements of obtaining, continuing to hold or
renewing the approval;
AND WHEREAS it is the opinion of Council of the Municipality of Chatham-Kent that improperly
secured privately owned outdoor swimming pools pose a safety hazard;
AND WHEREAS section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to
time, permits Municipal Councils to enact by-laws that provide that where the municipality may lawfully
direct or require that a matter or thing be done, the municipality may do such matter or thing at the
expense of the person directed or required to do it if that person is in default of such direction or
requirement;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
CHATHAM-KENT enacts as follows:
1.0
SHORT TITLE
1.1 This by-law may be cited as the "Swimming Pool Enclosure By-law".
2.0 DEFINITIONS AND INTERPRETATION
2.1 In this by-law,
"Building" means any permanent structure used or intended to be used for the shelter,
accommodation or enclosure of persons, animals or goods, but does not include a lawful boundary
wall or fence.
"Chief Building Official" means the person appointed as such by the Council of the Municipality
under Section 3 of the Building Code Act, 1992, S.O. 1992, c.23, as amended.
"Fence" means any continuous barrier or structure made of chain, wood, stone, masonry, lattice
work, screen or other such material used to enclose or divide in whole or in part a yard or other
land or constructed, installed along the perimeter of lands so as to give the inference that the
barrier is intended to delineate the boundaries of the lands and also includes a privacy screen as
defined in this by-law. Any berm, retaining wall or other such man-made structure upon which a
fence is built shall be deemed to be part of the fence.
"Gate" means any part of a fence that opens on hinges or which is not rigidly fixed in place.
"Ground Level" means the ground level at the fence line, but where the ground levels are not the
same on both sides of the fence, the higher of such levels shall be considered as ground level for
the purpose of the fence.
"Height" means the distance measured from the ground level to the top of the said fence or part
thereof.
"Hot Tub" means a structure, basin, chamber or tank containing or capable of containing water
which:
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has a depth of more than 60 cm (24 in.) at any point;
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is intended to be used for wading or soaking;
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is not intended to be used for swimming; and
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is equipped with a lockable cover.
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"Locking Device" a device used to secure a door, gate or cover.
"Lot Line" means any boundary of a lot.
"Municipality" means either The Corporation of the Municipality of Chatham-Kent or the
Municipality of Chatham-Kent, whatever the context requires.
"Occupant" means any person or persons over the age of eighteen years in possession of a
property.
"Outdoor Swimming Pool" means a structure, basin, chamber, or tank containing or capable of
containing water and is designed to be used for swimming or wading and which:
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has a depth of more than 60 cm (24 in.) at any point;
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has a surface area of more than 1.0 sq. m (10.8 sq. ft.);
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is not completely inside a building; and
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is not owned by government or a local board or commission constituted under any by-
law or statute.
A pond or reservoir to be utilized for farming purposes and storm water management ponds shall
be deemed not to be an "Outdoor Swimming Pool" for the purposes of this by-law.
The words "Swimming pool" and "Pool" shall have a corresponding meaning.
"Owner" means the registered owner or any person, firm or corporation having control over, or
possession of any portion of the building or property and includes the persons occupying the
building or property.
"Privacy Screen" means a visual barrier used to shield any part of a yard from view from any
adjacent yard, parcel or highway.
"Property Standards Officer" means a person designated as such by a resolution or by-law of
Council of the Municipality of Chatham-Kent.
"Residential Lot" means any lot in which the primary use complies with the "Residential Use"
as defined by the Zoning by-law.
"Self-Closing Device" means a mechanical device or spring that returns a gate to a closed
position within 30 seconds after it has been left open.
"Self-Latching Device" means a mechanical device or latch that is engaged each time the gate it
secures is closed; a self-latching device must not allow the gate to be reopened by pushing or
pulling on the gate, it must remain fastened until unlatched.
"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.
"Visibility Triangle" means a triangular area formed within a lot by:
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intersecting streets and a straight line connecting them 7.6 m (25 ft.) from their point of
intersection; or
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the intersection of a street and any portion of a driveway within 7.6 m (25 ft.) of a
property line and a straight line connecting them 7.6 m (25 ft.) from their point of
intersection; or
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the intersection of an alley and a street, or two alleys and a straight line connecting
them 3.0 m (10 ft.) from their point of intersection.
"Yard, Rear" means a yard extending across the full width of the lot between the rear lot line of
the lot and the nearest part of the main building on the lot.
3.0
APPLICATION OF BY-LAW
3.1
This by-law shall apply to all lands within the geographic limits of the Municipality.
3.2
This by-law shall not apply to:
(a) swimming pools located completely inside a building;
(b) existing swimming pool enclosure erected in compliance with a predecessor of this by-
law provided that the said enclosure has not been moved, altered or enlarged;
(c) Hot Tub provided that it may be adequately secured by a cover equipped with a
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locking device, and that such cover is closed and locked in place over the Hot Tub when
the Hot Tub is not in use.
4.0 GENERAL PROVISIONS
4.1
Notwithstanding any other provision of this by-law, no owner or occupant shall construct or
maintain an outdoor swimming pool unless the pool is fenced or enclosed in accordance with the
provisions of this section.
4.2
The requirements of this by-law with respect to swimming pool enclosures apply equally to all
swimming pools regardless of their designation as in ground, above ground or on ground.
4.3
No owner or occupant shall:
(a) locate, erect, construct, replace, or install or cause or permit to be located, erected,
constructed, replaced or installed a swimming pool enclosure unless a permit has been
issued by the Municipality pursuant to this by-law;
(b) erect or maintain or cause to be erected or maintained a swimming pool enclosure
around the entire swimming pool except in accordance with the provisions of this by-law;
(c) locate a swimming pool enclosure within a visibility triangle;
(d) place, cause or permit water to be placed or to remain in a swimming pool unless a
swimming pool enclosure has been erected in accordance with the requirements of this by-
law and a final inspection of the swimming pool enclosure has been performed and been
passed by the Municipality and unless the person maintains the swimming pool enclosure
in a good state of repair in accordance with the standards of this by-law;
(e) use the swimming pool unless a swimming pool enclosure has been erected in
accordance with the requirements of this by-law and a final inspection of the swimming
pool enclosure has been performed and been passed by the Municipality and unless the
person maintains the swimming pool enclosure in a good state of repair in accordance with
the standards of this by-law;
(f) allow, cause or permit a swimming pool enclosure to deteriorate such that it no longer
functions and/or complies with the requirements of this by-law.
5.0 APPLICATION FOR SWIMMING POOL ENCLOSURE
5.1
An application for a permit to erect a new swimming pool enclosure or for the replacement or
alteration of an existing swimming pool enclosure shall be made by the owner or occupant on such
forms as may be prescribed by the Municipality.
5.2
Documentation to accompany application shall include:
(a) site plan showing:
(i) location of the swimming pool, deck (if applicable), pump, filter and proposed
swimming pool enclosure in relation to all existing property lines, and man made
structures located on the property [i.e. decks, sheds, buildings, etc.]. This plan shall
also show any natural or man-made features, which are located closer than 1.22 m
(4.0 ft) from the exterior of the swimming pool which could facilitate the climbing
of the swimming pool enclosure;
(ii) location and size of all gates that provide access through the swimming pool
enclosure into the swimming pool area.
(b) swimming pool enclosure details including:
(i) exterior elevations of the swimming pool enclosure;
(ii) type of fencing to be installed [i.e. chain link, pressure treated wood, etc.];
(iii) type and size of all members that comprise the swimming pool enclosure;
(iv) dimensions showing the height of the swimming pool enclosure, as well as
spacing of all horizontal and vertical members;
(v) details and dimensions showing how the swimming pool enclosure is to be
anchored to the ground;
(vi) location of any main entrances to building or structure, if such structure is
part of the proposed enclosure.
(c) gate details are to be provided for every gate that forms part of the swimming pool
enclosure including:
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(i) all of the information notes in (b) above;
(ii) type and location of any self-closing device;
(iii) type and location of any self-latching device.
5.3 The permit fee and damage deposit are required at the time of application and shall be in accordance
with Schedule A of Municipality of Chatham-Kent Building By-law No. 268-2005. The damage
deposit will be refunded once a final inspection of the pool enclosure has been completed and passed
by the Municipality.
5.4 The Chief Building Official may revoke a permit where it was issued on mistaken or false
information and shall provide written notice to the permit holder of the revocation.
5.5 For the purpose of this by-law:
(a) The distance between horizontal boards, bars, pipes, rails or other materials used for a
swimming pool enclosure shall be measured from the top of the upper horizontal piece
of material, to the top of the next lower horizontal piece of material used to construct
the swimming pool enclosure.
(b) The distance between vertical boards, bars, pipes, rails, or other materials are measured
from the inside of the boards, bars, pipes, rails, or other materials.
(c) The short form measurements used in this by-law shall have the following meaning:
(i) "cm" means centimeter;
(ii) "ft." means feet;
(iii) "ga." means gauge;
(iv) "in." means inch;
(v) "lb" means pound;
(vi) "m" means meter;
(vii) "mm" means millimeter.
6.0
GENERAL SPECIFICATIONS
6.1
No swimming pool enclosure shall:
(a) be less than 1.5 m (5 ft.) in height;
(b) have any horizontal or diagonal support or brace unless the support or brace is on the
inside of the enclosure and the enclosure is of closed construction, or the horizontal rails
are separated by a minimum clear vertical distance of 1.22 m (48 in.);
(c) be constructed of horizontal boards, bars, pipes, rails or other materials unless the
enclosure is of solid construction, such that it does not facilitate climbing from the outside;
(d) have a separation between vertical boards, bars, pipes, tubes, rails or other materials
exceeding 3.8 cm (1.5 in.), or in the case of a chain link fence, have a chain link mesh
exceeding 3.8 cm (1.5 in.);
(e) have a ground clearance space or gap greater than 10.0 cm (4 in.) at any point under the
enclosure between the bottom rail, board, pipe, or other support and the effective ground
level;
(f) be located closer than 1.22 m (4 ft.) to the water's edge.
6.2
Swimming Pool Enclosures of Wooden Construction
(a) in addition to the requirements of this Part, every swimming pool enclosure of wooden
construction shall:
(i) be supported by vertical wooden posts with a minimum size of 10.0 cm X 10.0
cm (4 in. X 4 in.) nominal, spaced not more than 2.44 m (8 ft.) apart, securely
anchored into the ground;
(ii) be constructed with vertical boards with a minimum nominal dimension of .25
cm X 10.0 cm (1 in. X 4 in.);
(iii) be constructed with a horizontal top rail and a horizontal bottom rail with a
minimum nominal dimension of .50 cm X 10.0 cm (2 in. X 4 in.).
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6.3
Swimming Pool Enclosures of Chain Link Construction
(a) In addition to the requirements of this Part, every swimming pool enclosure of chain
link construction shall:
(i) have a mesh consisting of 12 gauge galvanized steel wires, or of 14 gauge steel
wires covered with vinyl or other types of plastic approved by the Chief Building
Official, yielding a total thickness equivalent to a 12 gauge galvanized steel wire;
(ii) be supported by galvanized or vinyl coated steel vertical posts with a minimum
diameter measurement of 3.4 cm (1.5 in.) spaced not more than 3.043 m (10 ft.)
apart, installed as per manufacturers instructions;
(iii) have top and bottom horizontal rails or pipes firmly fastened to the vertical
posts made of galvanized steel pipe with a minimum diameter of 3.2 cm (1.25 in.).
A galvanized steel 9-gauge bottom wire may be substituted for the bottom rail or
pipe.
6.4
Swimming Pool Enclosures of Other Materials:
(a) Where a swimming pool enclosure is made of materials or construction other than
prescribed by this by-law, it may be approved by the Chief Building Official by the
issuance of a permit for the enclosure if s/he determines that the enclosure would yield
an equivalent or greater degree of safety as provided in the requirements under this by-
law.
6.5
No part of a swimming pool enclosure shall contain barbed wire, electrical wiring, sharp
projections, or any other objects or materials that would create a danger to the safety of any
persons or animals.
6.6
Additional Requirements for Gates, Doors, and Entrances
(a) Where a gate forms part of a swimming pool enclosure, it shall be:
(i) supported on substantial metal hardware hinges;
(ii) self-closing by means of a self-closing device;
(iii) self-latching by means of a self-latching device at the top of and on the inside
of the gate;
(iv) a minimum of 1.5 m. (5 ft.) in height;
(v) kept locked at all times, when there is not a responsible person present
supervising the pool.
(b) No owner or occupant shall construct or maintain a double swimming pool fence gate
access without one of the two gates having a self-closing device and a self-latching device.
The gate of this double gate access without a self-closing device and self-latching device
must have a device permanently affixed to the ground or other non-movable object. That
prevents access through this gate without lifting or removing this device and then releasing
the latch.
(c) Where a door forms part of the swimming pool enclosure but does not lead directly
from a private dwelling unit, it shall be:
(i) 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;
(ii) supported on substantial metal hardware hinges;
(iii) equipped with a bolt, chain, latch, or a similar device, located at a minimum
height of 1.52 m (5 ft.) from the bottom of the door;
(iv) be kept locked at any time when the swimming pool contains 61 cm (24 in.) or
more water in depth.
(d) Nothing in this By-law shall prevent the use of an existing or proposed wall or walls of
a structure located on the same property as one or more sides of the fence. provided
however that such wall or walls shall be of equal or greater strength.
6.7
Construction Fence
(a) A construction fence shall:
(i) be 1.22 m (4 ft.) in height;
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(ii) consist of vertical wood, lath with openings not greater than 3.8 cm (1.5 in.), or
of plastic mesh with a mesh not greater than 3.8 cm (1.5 in.);
(iii) have steel T-bar posts at intervals of not more than 2.4 m (8 ft.);
(iv) have a 9-gauge galvanized steel or vinyl coated wire at both the top and the
bottom;
(v) be permitted only during the construction of a swimming pool and shall be
replaced with a permanent swimming pool enclosure that complies with the
requirements of this by-law prior to filling the swimming pool with water.
7.0
LEGAL NON-COMPLIANCE
7.1 Subject to any other provisions of this by-law, fences legally established prior to and existing as of
the date of passing of this by-law which do not comply with the provisions of this by-law shall be
deemed to be legal non-complying and nothing in this by-law shall prevent the strengthening or
restoration to a safe condition of such a fence provided it is not located within any sight triangle or
that the existing pool is not moved, altered or enlarged.
7.2
Where for any reason an existing non-complying fence is replaced or removed such non-
complying use shall be terminated and any such new fence constructed shall conform to the
provisions of this by-law.
7.3
Notwithstanding the provisions of Section 7.1, a fence may be deemed to be a safety hazard by the
Chief Building Official.
7.4
A fence that is deemed to be a safety hazard shall be forthwith removed by the owner of the
property at the owner's expense.
8.0
NOTICE TO COMPLY
8.1
A Property Standards Officer who finds a contravention of this by-law shall give written notice to
the owner or occupant of the property requiring compliance with this by-law within a specified
time as determined by the Property Standards Officer.
8.2
A Property Standards Officer may order the owner or occupant of the property to drain the
swimming pool until such time as an inspection by a Property Standards Officer has verified that
the by-law contravention outlined in the written notice has been corrected.
8.3
The notice may be served personally on the person to whom it is directed or by registered mail to
the last known address of that person, in which case the notice shall be deemed to have been given
on the third day after it is mailed.
8.4
If there is evidence that the person in possession of the property is not the registered property
owner, the notice shall be served on both the registered property owner and the person in
possession of the property.
8.5
The Municipality may also effect service on the owner or occupant by a placard stating the terms
of the notice and placed in a conspicuous place upon land on or near the property.
9.0
FAILURE TO COMPLY
9.1
If an owner or occupant fails to comply with a notice under Section 8.0, the Municipality may
enter upon the owner's property or occupant's property at any reasonable time for the purpose of:
(a) removing, replacing, and/or repairing parts of or the entire swimming pool enclosure;
(b) draining the swimming pool of water.
9.2
Costs incurred by the Municipality in removing, replacing and/or repairing parts of or the entire
swimming pool enclosure or draining the swimming pool of water will be recovered through
means as provided for in Section 446 of the Municipal Act as amended.
10.0
OFFENCES
10.1
Any person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided in the Provincial Offences Act.
11.0
NOTICE OF REMOVAL
11.1
Within 72 hours after removing parts of or the entire swimming pool enclosure, the Property
Standards Officer or designate shall notify in writing the owner or occupant of the property on
which the swimming pool enclosure was situated of the removal. Notification will be posted on
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the property, delivered in person, or by registered mail, or delivery to the last known address.
11.2
The notice of the removal of parts of or the entire swimming pool enclosure shall:
(a) describe any materials or structures and the location from which they were removed;
(b) identify the location to which they were removed.
12.0
REDEMPTION OF PARTS OF OR THE ENTIRE SWIMMING POOL ENCLOSURE
12.1
The owner of the swimming pool enclosure may redeem it by providing proof of ownership within
fourteen (14) days to the location to which it has been removed.
12.2
Should the parts of or the entire enclosure not be redeemed within fourteen (14) days, it shall be
deemed to have been abandoned and ownership shall revert to the Municipality.
13.0
VALIDITY AND SEVERABILITY
13.1
If a court of competent jurisdiction should declare any section or part of a section of this by-law to
be invalid, such section or part of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the by-law, and it is hereby declared that the
remainder of the by-law shall be valid and shall remain in force.
13.2
Where a provision of this by-law conflicts with the provision of another by-law in force within the
municipality, the provisions that establish the higher standards to protect the health, safety and
welfare of the general public shall prevail.
14.0
EFFECTIVE DATE
14.1 THIS by-law shall come into full force and effect upon the final passing thereof.
READ A FIRST, SECOND AND THIRD TIME this 26th day of May, 2008.
Original Signed By:
__________________________________
MAYOR - Randy R. Hope
Original Signed By:
_________________________________
CLERK - Elinor Mifflin