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THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW No. 2015-27
BEING A BY-LAW TO ESTABLISH CERTAIN PROVISIONS WITH RESPECT TO
THE INSTALLATION OF SWIMMING POOLS AND ENCLOSURES
WHEREAS Subsection 130 of the Municipal Act R.S.O. 2001, Chapter 25, as amended,
enables Council to pass by-laws relating to the safety and well-being of the inhabitants
of the municipality.
NOW THEREFORE the Council of the Corporation of the Township of East Hawkesbury
hereby enacts as follows:
TITLE
1. This by-law may be cited as the "Swimming Pool and Enclosure By-law".
DEFINITIONS
2. In this by-law:
(a) "Chief Building Official" means the agent or employee appointed by the Corporation
of the Township of East Hawkesbury to enforce the provisions of the Building Code
Act and this by-law, and includes employees or authorized assistants acting under
his direction.
(b) "Corporation" means the Corporation of the Township of East Hawkesbury.
(c) "Enclosure" means any combination of fence, wall, or other structure, including
gates, surrounding a pool to restrict access.
(d) "Farm Pond" means any natural or artificial body of water used for the purposes of
providing water to livestock or for irrigation of crops.
(e) "Grade" means the elevation of the finished surfaces immediately surrounding the
outside of the enclosure.
(f) "Guard" means a guard constructed in accordance with the Ontario Building Code.
(g) "Permit" means permission or authorization in writing from the Chief Building
Official to erect enclosures around swimming pools as regulated by this by-law.
(h) "Pool Fence" means a vertical barrier constructed of chain-link, wood, fiberglass,
stone, metal or other material to enclose an area. A pool fence may include a gate.
(i) "Gate" means part of a fence that is removable, swinging, sliding or otherwise used
as a barrier to block or close an access. A gate may include a door.
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(j) "Self-Latching Device" means an automatic locking device attached to a fence, gate
or door which prevents access from the outside.
(k) "Self-Closing" means a device or combination of devices, spring or hinges capable
of returning the enclosure to a closed and latched position after each use.
(l) "Storm Water Management System" means any man made or natural facility
designed for the treatment, retention, infiltration or control of storm water, including
drainage works and retention ponds.
(m) "Swimming Pool" means an artificially created body of water intended for swimming,
bathing, wading or reflecting and is capable of retaining water depth greater than
600 mm (24"), but shall not include a storm water management system, facilities
and ponds used for water hazards or irrigation at a golf course, facilities for the
purposes of providing water to livestock or for irrigation of crops which are
associated and located on land devoted to the practice of farming and ponds
created as landscaping features for aesthetic purposes only.
GENERAL REQUIREMENTS
3. Every owner of an outdoor swimming pool shall ensure that an enclosure around
such a pool is constructed and maintained according to the provisions of this by-law.
4. No person shall place water in a pool in the Township of East Hawkesbury unless an
enclosure has been erected in accordance with the provisions of this by-law.
5. No person shall allow water to remain in a pool in the Township of East Hawkesbury
unless an enclosure has been erected in accordance with the provisions of this by-law.
PERMIT
6. No person shall construct or install or cause to be constructed or installed a
swimming pool and/or enclosure without having first obtained a permit from the
Township of East Hawkesbury.
7. To obtain a permit the owner shall file an application in writing by completing a
prescribed form available at the office of the Chief Building Official.
8. Despite Section 6, a permit is not required in the case of a pool which has been
dismantled and is being reconstructed in the same position and the same manner in
which it was previously located provided that:
(a) a permit was obtained for the original installation,
(b) the reinstallation meets the requirements of all currently applicable by-laws, and
(c) the pool enclosure has remained in place and has not been modified since the
original installation.
9. Except as otherwise permitted by the Chief Building Official, every application shall:
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(a) identify and describe in detail the work to be covered by the permit for which
an application is made,
(b) describe the land on which the pool is to be located by a description that will
readily identify and locate the building lot,
(c) be accompanied by two (2) complete sets of plans showing details of the
enclosure as well as its relationship to lot lines, buildings and fences and
(d) state the names, addresses and telephone numbers of the owner and contractor
performing the work.
10. An application for a permit may be deemed to have been abandoned and cancelled
six (6) months after the date of filing, unless such application as being seriously
proceeded with.
11. Sufficient information shall be submitted with each application for a permit to enable
the Chief Building Official to determine whether or not the proposed work will comply
with this by-law.
12. The fee for a pool and/or enclosure permit shall be fifty dollars ($50.00)
MANDATORY POOL ENCLOSURES
13. Any exterior accesses in a pool enclosure leading to a terrace, patio, steps or deck
adjoining a swimming pool must be closed by a door or a gate. This door or gate must
be self-closing, self-latching, and be kept locked when the pool is unoccupied or without
supervision.
14. When an enclosure is not erected or maintained, in accordance with the provisions
of this by-law, the Chief Building Official may send a notice by registered mail or by
personal delivery to the owner of the land on which the pool is located, at the last known
address requiring the owner to make the enclosure conform to the requirements of this
by-law and the notice shall specify the time allowed for compliance.
15. (1) Where a notice has been sent by the Chief Building Official pursuant to Section
14, and the requirements of the notice have not been complied with, the Corporation
may cause an enclosure to be erected or otherwise made safe, and the cost of the work
shall be at the expense of the owner.
(2) When the Corporation causes the work to be done pursuant to subsection (1), the
Corporation may recover the expense incurred in like manner as municipal taxes.
REQUIREMENTS RELATING TO A POOL FENCE, GATES AND DOORS
16. Pool fences forming part of a pool enclosure must be constructed and maintained in
accordance with the following requirements:
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(a) The pool fence must be a minimum height of 1.5 m (5 feet) proportionate to
the adjacent ground level, without however exceeding the maximum height
established in the applicable zoning by-law.
(b) The pool fence that forms part of this enclosure:
(i)
must be constructed solidly, capable of supporting a load similar to that of
requirements for guards in the Ontario Building Code,
(ii)
pool fences and gates must be constructed in such a manner as to
reasonably deter children from climbing,
(iii) must not have rails or any other horizontal or diagonal support or exterior
fixtures that might facilitate climbing,
(iv) must not have openings that could let in a spherical object with a diameter
of 100 mm (4 inches) or more, except that chain link fences shall be
limited to 38 mm (1 ½ inches) openings,
(v)
must not contain a mechanism that permits electric current to run through
the fence,
(vi) must not be constructed with snow fence, barb wire, sharp objects or any
other dangerous characteristics,
(vii) the distance between ground level and the pool fence must not exceed
100 mm (4 inches);
(viii) the enclosure must be situated at a distance of at least 1.2 m (4 feet) from
the pool edge for at least 50% of the pool's perimeter.
(c) Gates forming part of a pool fence shall be:
(i)
of similar construction as for the pool fence,
(ii)
of the same height or higher than the pool fence,
(iii) supported with strong hinges,
(iv) equipped with self-closing and self-latching devices. The self-latching
device must be installed at more than 1.2 m (4 feet) high proportionate to
the ground level or adjacent floor or step, and
(v)
be lockable.
(d) Gates forming part of a guard on a deck, steps or raised patio must:
(i)
be of rigid construction, capable of supporting loads as described for
guards in the Ontario Building Code,
(ii)
be a minimum height of 10.70 mm (42 inches) equal to the adjacent floor
or to the top of the last step adjacent to the gate,
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(iii) be constructed with two vertical extensions of similar construction at a
minimum width of 0.3 m (1 foot) on each side,
(iv) be supported with hinges,
(v)
be equipped with a self-closing device and self-latching device. Such
device must be installed at the top and inside of the gate,
(vi) be constructed without horizontal or diagonal members which could
facilitate climbing, and
(v)
be lockable.
POOL EQUIPMENT
17. A swimming pool's pumping, filtration or heating equipment must be situated:
(a) at least 1.5 m (5 feet) from an interior side yard lot line or from a back yard lot
line
as defined in the applicable zoning by-law;
(b) at least equal to or greater than the required front yard and exterior side yard
setbacks for the main building in the zone where the lot is located;
(c) at least 1.2 m (4 feet) from the pool, unless it is installed under a deck adjacent to
the pool or located within the pool enclosure; or
(d) in such a manner as to not facilitate climbing to access the pool.
ABOVE-GROUND POOL
18. (1) Above-ground pool vertical walls can be considered as a pool enclosure
provided that such wall is at least 1.2 m (4 feet) in height or be equipped with a handrail
and guards in compliance with this by-law. Such required height shall be measured from
the highest finished grade within a horizontal distance of 4' to the pool.
(2) An above-ground pool totally or partially surrounded by a walkway adjacent to the
pool's ledge, must be surrounded by a guard of a minimum height of 1.5 m (5 feet)
proportionate to the ground level. Also, this walkway must not be built in a manner that
could facilitate climbing.
(3) No guards may be added to the top of a pool wall that does not meet the
requirements for a 1.2 m (4 foot) pool fence as described in Section 16.
(4) An enclosure for a structure known as a hot tub, whirlpool or spa may include a
secure cover of rigid material locked in place over the opening at all times when the
structure is not occupied, and no person shall leave a hot tub, whirlpool, or spa without
first locking the cover in place to prevent access when the structure is not occupied.
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GROUND ELEVATION
19. (1) The installation of a swimming pool or pool fence shall not alter in any way the
existing storm water drainage patterns of the premises.
(2) The installation shall include facilities to effectively conduct backwash water to a
storm sewer, where available, or a drainage ditch, in such a manner as to prevent
damage to adjacent properties.
CONTRAVENTION
20. Every person who contravenes any provisions of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
COURT JURISDICTION
21. When a person has been convicted of an offence under this by-law, the Ontario
Court of Justice, or competent jurisdiction thereafter may, in addition to any other
penalty imposed on the person convicted, issue an order prohibiting the continuation or
repetition of the offence by the person convicted.
VALIDITY
22. 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.
BY-LAW REPEAL
23. By-law # 19-89 of the Township of East Hawkesbury is hereby repealed.
EXISTING POOLS
24. (1) Any pool fence or pool enclosure that was erected in accordance with By-law
Number 19-89, before the day this by-law came into effect is deemed to comply with
this by-law and may be maintained as erected.
(2) When a pool fence or enclosure is replaced, it must comply with this by-law.
EFFECTIVE DATE
25. This by-law shall come into effect on the 9th day of March, 2015.
ENACTED AND PASSED this 9th day of March, 2015.
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_________________________ ___________________________
ROBERT KIRBY, Mayor
LINDA ROZON, Clerk/ CAO