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THE CORPORATION OF THE TOWN OF DESERONTO
BY-LAW NO. 28-07
BEING A BY-LAW PRESCRIBING THE HEIGHT AND DESCRIPTION OF, AND
THE MANNER OF ERECTING AND MAINTAINING FENCES AND GATES
AROUND PRIVATELY-OWNED OUTDOOR SWIMMING POOLS.
WHEREAS pursuant to Section 11 (1) part 7 of the Municipal Act, S.O. 2001
Chapter 25, authorizes a municipality to pass by-laws respecting fences.
AND WHEREAS the Corporation of the Town of Deseronto deems it advisable to
pass such a by-law;
1.
DEFINITIONS
ENCLOSURE - means a fence, wall or other structure, including doors
and gates, surrounding a privately owned outdoor swimming pool to
restrict access thereto.
PRIVATELY-OWNED OUTDOOR SWIMMING POOL - means any
privately owned body of water located outdoors contained in part or in
whole by artificial means in which the depth of the water at any point can
exceed eighteen inches and used or capable of being used for swimming,
wading, diving or bathing.
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 service as opposed to the
main or principal entrance.
2.
ENCLOSURES:
a) The owner of a privately-owned outdoor swimming pool shall erect and
maintain an adequate enclosure surrounding the entire swimming pool
area and sufficient to make such body of water not readily accessible
to small children.
b) No person shall fill a privately-owned outdoor swimming pool with
water or maintain such pool filled with water until an enclosure
complying with the requirements of this section has been erected
around the swimming pool. During the course of construction, the
owner or his agent may fill the said pool with water during such period
as is required for the purpose of testing and backfilling the said pool.
c) Such enclosure, including gates therein, shall extend from the ground
to a height, measured on the outside of the enclosure, of not less than
five feet (5').
d) When a wall of a building forms part of such enclosure, no main or
service entrance to the building shall be located within the swimming
pool area enclosure, except that this requirement shall not apply when
the main entrance and all exterior service meters and intakes are
located outside the enclosure and a sign is erected and maintained
directing all service personnel to use the main entrance.
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e) Except as provided in f) (vi) (2), such enclosures shall have not rails or
other horizontal or diagonal bracing or attachments on the outside that
would facilitate climbing.
f) A fence forming part of such enclosure,
(i)
shall be of vertically boarded wood construction, chain link
construction or of other materials and construction as provided
for in clause f) (vi);
(ii)
if of chain link construction, shall
(1) be of not greater than 1-1/2 inch diamond mesh;
(2) be constructed of galvanized steel wire not less than No. 12
gauge, or of minimum 14 gauge steel wire covered with a
vinyl or other approved coating forming a total thickness
equivalent to No. 12 gauge galvanized wire;
(3) be supported by at least 1-1/2 inch diameter galvanized steel
posts each covered by a minimum of two inches of concrete
from grade to a minimum of two feet below grade, such
posts to be spaced not more than ten feet apart. Top and
bottom horizontal rails shall be provided of 1-1/4 inch
minimum diameter galvanized steel, except that a ¼ inch
minimum diameter galvanized steel tension rod may be
substituted for the bottom horizontal steel rail. A vinyl or
other approved coating may be substituted for the
galvanized coating;
(iii)
if of wood construction, shall
(1) have the vertical boarding attached to supporting members
all of which are arranged in such a manner so as not to
facilitate climbing from the outside. Such vertical boards
shall be not less than 1 x 4 inch nominal dimensions spaced
not more than 1-1/2 inches apart;
(2) be supported by a minimum of four inch square or four inch
diameter cedar posts, nominal dimensions, spaced not more
than eight feet on centres securely embedded to a minimum
of two feet below grade. That portion of the wood post
below grade shall be treated with a wood preservative. Top
and bottom horizontal rails shall be provided of wood two
inch by four inch minimum nominal dimensions;
(iv)
Shall include no part consisting of barbed wire or having similar
dangerous characteristics and no device for projecting an
electric current through the fence;
(v)
shall be located not closer than four feet to the swimming pool
and not closer than four feet from the exterior side of the fence
to any condition that would facilitate climbing the swimming pool
fence;
(vi)
may be of construction other than that specified provided an
equivalent degree of safety is maintained and shall
(1) be constructed so that the rigidity is equal to that specified
for those fences described in clauses f) (ii) or (iii);
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(2) be permitted to have exposed structural or other members or
parts thereof that may facilitate climbing the outside of the
enclosure provided the minimum clear vertical distance
between any such members, or parts thereof, is four feet
and, regardless of the location of such members, where this
minimum four foot vertical dimension is maintained the least
dimension of any opening through such fence may be
increased to not more than that required to prevent the
passage of a spherical object having a diameter of four
inches.
g) Gates forming part of such enclosure shall
(i)
be of construction and height equivalent to that required for the
fence,
(ii)
be supported on substantial hinges, and
(iii)
each be self-closing and equipped with a locking device and
with a self-latching device placed at the top and on the inside of
the gate.
h) Subject to the provisions of Paragraph d), doors providing access from
a building directly to an enclosed swimming pool area, other than
doors located in a dwelling unit or a rooming unit, shall each be self-
closing and equipped with a locking device and with a self-latching
device located not less than five feet above the bottom of the door.
i) The owner of every privately-owned outdoor swimming pool shall
ensure that every gate and door required by Paragraph g) and h) to be
equipped with a locking device shall be kept locked at all times where
there is more than twenty-four inches of water in the pool, and a
responsible person is not present and supervising the pool.
3.
The location and design of all fences required hereunder to be constructed
and maintained around any privately-owned swimming pool, shall be
approved by the Building Inspector of the Town of Deseronto.
4.
This by-law shall be enforced by the Building Inspector of the Corporation
of the Town of Deseronto.
5.
The provisions of this by-law shall apply to all privately-owned outdoor
swimming pools constructed or in construction subsequent to the date
hereof.
6.
Any person convicted of a breach of any of the provisions of this by-law
shall forfeit and pay, at the discretion of the convicting Magistrate, a
penalty not exceeding, exclusive of costs, the sum of three hundred
dollars ($300.00) for each offence.
This by-law shall come into force and take effect immediately on and after the
passing thereof.
Read a first and second time this 12th day of June, 2007
Read a third time and finally passed this 12th day of June, 2007.
_____________________
MAYOR
_____________________
CLERK