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Chapter 234 - Swimming Pool Enclosures
234-1. Title.
The chapter may be cited as the "Swimming Pool Enclosure By-Law."
234-2. Definitions.
A. For the purposes of this chapter the definitions and interpretations given in this
section shall govern:
ENCLOSURE - A fence, wall or other structure, including doors and gates, surrounding
a privately-owned outdoor swimming pool to restrict access thereto.
OWNER - Includes a lessee or tenant in possession of property on which a pool is
located.
POOL - Any privately owned body of water located outdoors above or below
finished grade on privately owned property, contained by artificial means in
which the depth of the water at any point can exceed 600 mm (24 inches)
and used or capable of being used for the purpose of swimming, diving, or
bathing and shall include hydro-massage pools (hot tubs).
234-3. Enclosure exemption.
A. A pool is exempt from the requirements to erect an enclosure around such pool
where a substantial cover and securing system approved by the Chief Building
Official is provided that fits over the entire pool opening, and such cover is
secured to prevent access to the pool at all times when not in use.
B. No person shall permit or cause to be permitted the substantial cover of a pool
to be unsecured against access when such pool is not in use.
234-4. Enclosure required.
A. The owner of each pool as defined in 234-2 and 234-14 hereof shall erect and
maintain an enclosure around each such pool.
B. Any enclosure required to be provided and maintained under 234-3A may
include:
(1) One or more gates which are erected and maintained in accordance
with 234-4B of this chapter;
(2) Any part of a wall of a building if the part used as part of the enclosure
exceeds 1.5 metres (60 inches) in height.
234-5. Specifications for enclosures.
A. Every enclosure shall be required to be erected and maintained in accordance
with 234-3A shall be:
(1) Not less than 1.5 metres (60 inches) in height above grade;
(2) Constructed so that any enclosure post or other structural member of the
enclosure to which any wire, boards or other materials are attached is on the
pool side of such wire, boards or other material;
(3) Constructed so that it has no openings, rails, or horizontal or diagonal
attachments on the outside which facilitate climbing;
(4) Constructed so that the only mean of ingress to or egress from the area
enclosed by the enclosure shall be through doors or gates constructed in
accordance with Subsection B of this section;
(5) Where constructed of chain link, the material shall be of not less than twelve-
gauge with diamond mesh not larger than 40 mm (1.5 inches); shall be
supported by metal posts set in concrete and spaced not more than three
metres apart; and shall, throughout its length, have a taut wire interwoven
through the bottom links to prevent the bottom portion of the enclosure from
being raised;
(6) Where constructed of wood, the boards shall be placed vertically not more
than 40 mm (1.5 inches) apart;
(7) All enclosures shall be located not less than 1.5 metres (60 inches) from the
edge of the pool; and
(8) The bottom of all enclosures shall be at grade level.
B. Every gate included in a enclosure required by 234-3A shall be:
(1) Constructed in accordance with the provisions of Subsection A hereof;
(2) Equipped with self-closing and self-latching devices so that, when not in use,
the gate is at all times closed and latched. Such latching device shall be
located at the top of the gate on the pool side; and
(3) When an adult person is not present supervising the pool, the gate or gates
are to be kept closed and locked. Such enclosures and gates shall be
erected and maintained so that no access to the swimming pool is possible
except through the gate or gates provided. Nothing in this chapter shall
prevent the use of any existing or proposed wall or walls or a structure located
on the same property as one or more sides of the enclosure; provided,
however, that such wall or walls shall be of greater strength than the required
enclosure and shall be approved by the Chief Building Official.
234-6. Aboveground pools.
A. Notwithstanding the provisions of 234-3 and 234-4 hereof, in the case of a pool
constructed entirely above grade and so constructed that it has no openings,
rails or horizontal or diagonal attachments on the outside which would facilitate
climbing, and such pool is constructed with rigid, vertical pool sidewalls not less
than 1.5 metres (60 inches) in height, only the fixed-in-place steps to such pool
are required to be enclosed and equipped with a gate as hereinbefore provided.
The fencing around such steps and the gate shall in all respects comply with the
provisions of this chapter.
B. If no fixed-in-place steps are constructed on a pool and access to the pool is
gained only by use of a portable access ladder, such ladder shall be removed
away from the pool such that it does not permit access to the pool at all times
when the pool is not in use.
C. No person shall permit or cause to be permitted a portable access ladder to be
left in place at the pool when the pool is not in use.
234-7. Hydro-massage pools.
A. Hydro-massage pools, also known as "hot tubs" are exempt from the provisions of
this chapter, provided that a substantial cover is attached to the pool and
secured to prevent access when the pool is not in use.
B. No person shall permit or cause to be permitted the substantial cover of a hydro-
massage pool to be unsecured against access when such pool is not in use.
234-8. Construction plans for enclosures and gates.
Prior to the construction of enclosures and gates as required hereby, the owner of
the swimming pool shall produce and deposit with the Chief Building Official, or his
or her designate, plans showing all enclosures and gates proposed to be
constructed, such plans to show the location of such enclosures and gates and their
manner of construction in sufficient detail to permit the Chief Building Official, or his
or her designate, to ascertain whether or not the proposed enclosures and gates
shall comply with the provision of this chapter.
234-9. Issuance of permit.
In the event that the proposed enclosures and gates comply with the provision of this
Chapter, the Chief Building Official, or his or her designate shall, subject to 234.10.
hereof, issue a permit certifying that he or she has approved such plans.
234-10. Certificate for previously constructed enclosures and gates.
A certificate may be issued for such enclosures and gates as may have been
constructed prior to the date hereof but which in all respects comply with the
provision of this chapter.
234-11. Permit required.
No person shall erect or cause to be erected a pool without first obtaining a permit
as heretofore provided.
234-12. Fee.
The fee for a permit issued under this chapter shall be the minimum building permit
fee as listed on Schedule A of Chapter 29, Building Construction, and payable prior
to the issuance of a permit.
234-13. Erection of enclosures prior to filling pools required.
No person shall place water in a pool or allow water to remain therein unless the
enclosure and gates prescribed hereby have been erected in compliance with the
provisions of this chapter.
234-14. Compliance with other by-laws.
The Chief Building Official, or his or her designate, is authorized to refuse to issue a
permit for any such enclosure or gate which, if erected, would be contrary to the
provisions of any by-law of this municipality.
234-15. Applicability.
A. This chapter shall apply to any privately owned body of water located outdoors
above or below finished grade on privately owned property, contained by
artificial means in which the depth of the water at any point can exceed 600 mm
(24 inches) and used or capable of being used for the purpose of swimming,
diving, or bathing and shall include hydro-massage pools (hot tubs).
B. The provisions of this chapter are applicable to the entire municipality.
234-16. Enforcement; inspections; duty of owner.
This chapter shall be enforced by the Chief Building Official. It shall be the duty of
every owner of pools to obtain a certificate from the Chief Building Official stating
that the enclosure around such pool has been inspected and has been found
satisfactory.
234-17. Offences.
Any person who contravenes any provision of this chapter is guilty of an offence and,
upon conviction, is liable to a penalty as provided in the Provincial Offences Act.