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Municipality of
Dutton Dunwich
By-Law No. 2017-58
BEING A BY-LAW TO PROVIDE FOR THE OWNERS OF PRIVATELY-OWNED
OUTDOOR SWIMMING POOLS TO ERECT AND MAINTAIN FENCES
WHEREAS pursuant to Section 11 (2) of the Municipal Act, S.O. 2001, c. M.25, as
amended, a by-law may be passed respecting matters of Health, Safety and Well Being
of Persons.
AND WHEREAS pursuant to Section 11 (3) of the Municipal Act, S.O. 2001, c. M.25, as
amended, a lower tier municipality may pass by-laws respecting matters within the
sphere of jurisdiction of Structures, including Fences and Signs.
AND WHEREAS Council for The Corporation of Dutton Dunwich deems it expedient to
pass a by-law to issue permits for swimming pool fences and to prescribe safety standards
for privately owned outdoor swimming pools.
NOW THEREFORE the Council of the Corporation of the Municipality of Dutton Dunwich
enacts as follows:
1. THAT the attached Swimming Pool Fence Permit Fees, marked as Schedule 'A', forms
part of this by-law.
2. THAT the attached Undertaking Damage to Municipal Property form, marked as
Schedule 'B', forms part of this by-law.
3. THAT the attached Set Fine Schedule, marked as Schedule 'C', forms part of this by-law.
SHORT TITLE
SWIMMING POOL FENCE BY-LAW
1.
DEFINITIONS:
For the purposes of this By-law:
PART 1
DEFINITIONS
(a) 'BY-LAW ENFORCEMENT OFFICER' shall mean the person appointed by the Municipal
Council for the purpose of enforcing and carrying out the provisions of Municipal By-laws.
(b) 'CHIEF BUILDING OFFICIAL' shall mean the person appointed by the Municipal Council to
such position pursuant to the Building Code Act.
(c) 'MUNICIPALITY' shall mean the Corporation of the Municipality of Dutton Dunwich.
(d) 'GATE' shall mean any part of a swimming pool fence which opens on hinges and includes
a door located in the wall of an attached or detached garage or carport which forms part of
the swimming pool fence.
(e) 'HYDRO MASSAGE POOL' shall include those pools commonly referred to as a hot tub, a
whirl pool, a Jacuzzi or a spa.
(f) 'MAINTAIN' shall mean to carry out repairs of any part or parts of a swimming pool fence
so that it can properly perform the intended function.
(g) 'REPLACEMENT' shall mean the construction of a swimming pool fence that takes the
place of a swimming pool fence previously constructed.
(h) 'SELF-CLOSING DEVICE' shall mean a mechanical device or spring which returns a
swimming pool fence to its closed position within 30 seconds after it has been opened.
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( i) 'SELF-LATCHING DEVICE' shall mean a mechanical device or latch which is engaged
each time the swimming pool fence gate is secured to its closed position; which will not
allow the swimming pool fence gate to be re-opened by pushing or pulling, and which will
ensure the swimming pool fence remains closed until unlatched by either lifting or turning
the device directly or by a key.
(j) 'SWIMMING POOL' shall mean a structure, basin, chamber or tank containing or capable
of containing water, and is designed to be used for swimming or wading, and;
shall include portable bladder-style pools
shall include spas, hot tubs and Jacuzzis
has a depth of more than 60 centimetres (24 inches) at any point;
is not under the jurisdiction of the Ontario Building Code;
is not completely inside a building;
is not owned by government or local board or commission constituted under
any statute or by-law;
is not a pond or reservoir to be utilized for farming purposes;
excludes hydro massage pools;
excludes storm water management ponds.
(k) 'SWIMMING POOL FENCE' shall mean a wall, a structure or a building which encloses a
swimming pool where structures include a fence combined with a deck.
PART 2
GENERAL PROVISIONS
2.1
Administration - Chief Building Official
This by-law shall be administrated by the Chief Building Official.
2.2
Application of this by-law on or after September 13, 2017
This by-law shall apply to all swimming pool fences constructed or replaced in the
Municipality on or after September 13, 2017.
2.3
Existing swimming pool fences - constructed
The provisions of this by-law shall not prevent the use of an existing swimming
pool fence if such swimming pool fence was constructed and has enclosed a
swimming pool from the date of construction on or after June 3, 1975, by-law
passed by the former Village of Dutton.
2.4
Maintain - swimming pool fencing - compliance with previous by-law
Any pool and/or pool fence in existence prior to the passing of this by-law will be
subject to an inspection. If any deficiencies are found or repairs are required, a
one year grace period will be given to complete all non-compliance issues.
2.5
Replacement - swimming pool fencing - compliance - required
At such time as an entire existing swimming pool fence is replaced, the
replacement swimming pool fence shall be constructed in accordance with
this by-law.
2.6
Swimming Pool Fence By-law - prevails
When a swimming pool fence is constructed so that it functions as a boundary
fence between two or more adjacent properties, in addition to its function as a
swimming pool fence, the provisions of this by-law prevail over any other
Municipal by-law that regulates fences.
2.7
Existing Swimming Pool Fences - used by property abutting, portion
conforms
Where a swimming pool fence has enclosed a swimming pool in accordance
with the regulations that existed on or after June 3, 1975, and that swimming
pool fence has been maintained continuously in accordance with those
regulations, and which swimming pool fence also marks the boundary
between abutting properties, that swimming pool fence shall be deemed to be
in conformity should a swimming pool be constructed on any of the abutting
properties, to the extent of the shared portion of the swimming pool fence
between the two abutting properties. All other portion of the swimming pool
fence that encloses the newly constructed swimming pool shall meet the
standard set out in this by-law.
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PART3
PROHIBITIONS
3.1
No construction - without permit
No person shall construct or cause to be constructed a swimming pool
without having first obtained a swimming pool fence permit from the Chief
Building Official
3.2
Swimming pool - not enclosed by swimming pool fence
No person shall construct or cause to be constructed a swimming pool which
is not completely enclosed by a swimming pool fence, in accordance with this
by-law.
3.3
No construction - without temporary fencing
No person shall fail to enclose a swimming pool with temporary fencing during
construction.
3.4
Construction - fence - non-conforming
No person shall construct or cause to be constructed a swimming pool with a
swimming pool fence that does not conform to the requirements of this by
law.
3.5
Gate - without self-closing/self-latching device
No person shall fail to equip a swimming pool fence single gate access with a
self-closing and a self-latching device.
3.6
Gate - self-latching device - distance above ground
No person shall construct or maintain a swimming pool fence gate with an
outside opening self-latching device less than 122 centimetres (48 inches)
above ground level.
3.7
Storage of materials - against outside of swimming pool fence
No person shall place or store materials against the outside of a swimming
pool fence.
3.8
Replacement - existing fence - without permit
No person shall replace a swimming pool fence without having first obtained a
swimming pool fence permit from the Chief Building Official.
3.9
Swimming Pool Fence - maintain - in accordance with this by-law
No person shall fail to maintain a swimming pool fence in accordance with
this by-law.
3.10
Two gates - self-closing/self-latching device - permanently affixed
No person 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 a 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.
PART4
APPLICATION FOR SWIMMING POOL FENCE PERMITS
4.1
Application - to Chief Building Official - in writing - owner
An application for a permit to erect a new swimming pool fence, or for the
replacement of an existing swimming pool fence, shall be made by the owner
or his or her agent in writing, to the Chief Building Official on such forms as
may be prescribed.
4.2
Application - documentation to accompany - set out
All such applications shall be accompanied by the following:
-
Plans showing the location of the proposed swimming pool, including
all enclosing swimming pool fences, together with full details of each
entrance and showing the location of all proposed swimming pool
equipment such as filters, slides and heaters;
-
The applicable fee as prescribed in Schedule 'A' of this by-law;
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p
q
-
An i
rtaking to repair damage to Municipa
perty as required by
by-law.
4.3
Permit - issue - by Chief Building Official - conditions
The Chief Building Official shall issue a permit for a swimming pool fence
where the plans submitted appear to comply with all applicable regulations,
and the requirements of the by-law have been met.
PART 5
SWIMMING POOL FENCE REGULATIONS
5.1
Height - minimum requirements
Every swimming pool shall be enclosed by a swimming pool fence which shall
extend from the ground to a height of not less than 153 centimetres (60
inches).
5.2
Opening - maximum diameter
Except as provided in Section 5.3 of this by-law, every swimming pool fence
referred to in Section 5.1 of this by-law shall not have any openings that
would allow the passage of a spherical object having a diameter greater than
3.8 centimetres (1.5 inches).
5.3
Opening - maximum diameter - exception - conditions
For other than chain link fences, where the vertical distance between each
horizontal rail measured from the top of each rail is 1.2 metres (4 feet) or
greater, the openings in the fence are permitted to be greater than 3.8
centimetres (1.5 inches) but not greater than that which would allow the
passage of a spherical object having a diameter of 10 centimetres (4 inches).
5.4
Ground clearance - maximum
Every swimming pool shall be enclosed by a swimming pool fence which has
a clearance from the ground to the underside of the swimming pool fence
than would prevent the passage of a spherical object having a diameter of 10
centimetres (4 inches).
5.5
Structural members - prevent easy climbing - required
Every swimming pool shall be enclosed by a swimming pool fence which has
all its horizontal structural members located inside the enclosure to prevent
easy climbing unless the swimming pool fence has no openings greater than
3.8 centimetres (1.5 inches) and the horizontal members are at least 0.6
metres (2 feet) apart.
5.6
Construction - to prevent unauthorized entry
Every swimming pool shall be enclosed by a swimming pool fence which is of
sturdy construction, capable of preventing unauthorized entry.
5.7
Height- measurement - from ground level
The height of the swimming pool fence shall be measured from ground level
on the outside of the enclosure.
5.8
Gate - self-closing/self-latching - locking device
Every gate on a swimming pool fence shall be equipped with a self-closing
device and a self-latching device.
5.9
Gate - self-latching device - requirements
A self-latching device that can be opened without a key from the outside shall
not be less than 122 centimetres (48 inches) above ground level.
5.10
Temporary fence - required - during construction
During all phases of construction, temporary fencing shall be in place such
that unauthorized access is prevented.
5.11
Deck forms swimming pool fence
Where a deck forms part of the swimming pool fence, it shall meet all
regulations in Part 5 of this by-law.
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PART 6
UNDERTAKING TO ENSURE REPAIR
SCHEDULE 'B'
6.1
Boulevard crossing - by vehicles - deposit - calculation
Every person erecting, altering, repairing or demolishing a swimming pool
fence within the Municipality of Dutton Dunwich, who permits the crossing of
curbing, sidewalks or paved boulevards by vehicles delivering materials to or
removing materials from abutting lands, shall deposit with the Chief Building
Official, upon application for a swimming pool fence permit and prior to the
commencement of any work, a completed undertaking to repair any damage
(attached hereto as Schedule 'B') to Municipal property such as any damage
to the sidewalks, curbing or paved boulevard or to any water service box or
other service therein caused by the crossing of such vehicles.
6.2
Debris on streets - prevention - cleaned - by owner
The owner of any lands on which any swimming pool fence is being erected,
altered, repaired or demolished shall take all necessary steps to prevent
building material, waste or soil from being spilled or tracked onto the public
streets by vehicles going to or coming from the lands during the course of the
erection, alteration, repair or demolition, and shall be responsible to the
Municipality for the cost of removing such building material, waste or soil and
the cost of repairing any damaged curbing, sidewalks, or paved or grassed
boulevards.
PART 7
ENFORCEMENT
SCHEDULE 'C'
7.1
Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial
Offences Act.
7.2
Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted, and such
order shall be in addition to any other penalty imposed on the person
convicted.
7.3
Default- not remedied - done at owner's expense
Where anything required to be done in accordance with this by-law is not done,
the designated municipal official appointed by the Municipality of Dutton Dunwich
shall, upon such notice as is deemed suitable, do such thing at the expense of the
person required to do it and, in so doing, may charge an administration fee of
10% of such expense with a minimum fee of $150.00; and both the expense and
the fee may be recovered by action or in like manner as municipal taxes.
8.1
By-law- previous
PARTS
REPEAL - ENACTMENT
By-law #841, being a by-law of the form Village of Dutton, passed on the 3 day
of June 1975 and all its amendments are hereby repealed.
8.2
Compliance - Any pool and/or pool fence in existence prior to the passing of this by-law
will be subject to an inspection. If any deficiencies are found or repairs are required, a
one year grace period will be given to complete all non-compliance issues.
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8.2
Effective date
This by-law shall come into full force and effect on the day of its final passing
thereof.
READ a first and second time this 22; day of November 2017.
READ a third time and finally passed this 22< day of November 2017.
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SCHEDULE 'A'
to BY-LAW #2017-58
SWIMMING POOL FENCE PERMIT FEES
1.
New swimming pool fence permit:
$200.00 flat fee
2.
Replacement swimming pool fence permit:
$200.00 flat fee
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SCHEDULE 'B'
to BY-LAW #2017-58
UNDERTAKING DAMAGE TO MUNICIPAL PROPERTY
TO:
RE:
The Corporation of the Municipality of Dutton Dunwich
(the "Municipality")
Municipal Address
Property Owner (please print)
In consideration of the issuance of a Permit to:
For the above noted property,
hereby undertakes
to repair and replace, to the satisfaction of the Municipality, all damage to municipal
property including, without limitation to curbs, sidewalks and boulevards sustained directly
or indirectly as a result of works undertaken by the owner under the permit.
The Owner agrees to indemnify and save harmless the Municipality from and against any
and all claims, cost damage or injury to any persons or property arising in any way out of
the performance of this undertaking.
Dated this
day of
_, 2017
Signature of Owner
On behalf of the Municipality:
Received by:
_
Building Permit No.
_
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ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
SCHEDULE 'C'
to BY-LAW #2017-58
SWIMMING POOL FENCE BY-LAW
PART I PROVINCIAL OFFENCES ACT
SET FINE SCHEDULE
COLUMN 1
COLUMN 2
Short Form Wording
Provision Creating
or Defining Offence
Construct/cause to be constructed a swimming
pool without a swimming pool fence permit
Section 3.1
Construct/cause to be constructed a swimming
pool not enclosed by a swimming pool fence
Section 3.2
Fail to enclose a swimming pool with
Section 3.3
temporary fencing during construction
Construct/cause to be constructed a swimming Section 3.4
pool fence that does not conform to by-law
requirements
Fail to equip swimming pool fence gate with
Section 3.5
self-closing and/or self-latching device
Construct/maintain swimming pool fence gate Section 3.6
with outside opening self-latching device less
than 122 centimetres (48 inches) above
ground level
Place/store materials against outside of
Section 3.7
swimming pool fence
Replace swimming pool fence without
Section 3.8
obtaining a permit
Fail to enclose swimming pool with fence of
Section 5.1
153 centimetres (60 inches) in height or
greater
Fail to enclose swimming pool with fence
Section 5.2
having openings 3.8 centimetres (1.5 inches)
or smaller
Fail to enclose swimming pool with other than Section 5.3
chain link fence having openings 10
centimetres ( 4 inches) or smaller
Fail to enclose swimming pool with fence
Section 5.4
having clearance from ground to the underside
of the fence 4 inches or less
Fail to construct a swimming pool fence to
Section 5.5
prevent easy climbing
Fail to construct a swimming pool fence to
Section 5.6
prevent unauthorized entry
Fail to equip swimming pool fence with self-
Section 5.8
closing and self-latching device
Fail to install self-latching device 122
Section 5.9
centimetres (48 inches) above ground level
Fail to provide temporary fencing during
Section 5.10
construction
Deck, as part of swimming pool fence, fails to
Section 5.11
meet regulations of Part 5 of By-law #2017-58
COLUMN 3
Set Fines
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
NOTE:
The penalty provision for the offences listed above are Section 7.1
and 7.2 of By-law #2017-58, a certified copy of which has been filed.
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ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART 1
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice, that the amount set opposite
each of the offences in the schedule of the offences under the Provincial
Statues and Regulations thereunder and the Municipal By-law #2017-58, of
the Municipality of Dutton Dunwich, attached hereto is the set fine for that
offence. This Order is to take effect
Dec=m6- 73 _, 2017
Dated at London this /% day of
Dczhe
Stephen J. Fuerth
Regional Senior Justice
West Region
, 201 7.
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