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THE CORPORATION OF THE CITY OF ELLIOT LAKE
BY-LAW NO. 24-28
Being a By-Law Providing for the Regulation of Private Outdoor Swimming Pools in the
City of Elliot Lake, and to repeal By-Law 79-70.
WHEREAS Section 11 (2) (6) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the municipality may pass by-laws related to the health, safety,
and wellbeing of the inhabitants of the municipality; and
WHEREAS Section 11 (3) (7) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to pass by-laws respecting structures, including
fences; and
WHEREAS Section 391 (1) of the Municipal Act, 2001 provides that a municipality may
pass by-laws imposing fees or charges for services or activities or done by or on behalf
of it; and
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chap.23, as
amended, empowers Municipal Council to enact certain by-laws respecting
construction, demolition, change of use, inspections, and code of conduct for Building
Officials, and
WHEREAS Council of the City of Elliot Lake deems it expedient for the protection of the
public to enact a by-law to regulate outdoor swimming pools.
NOW THEREFORE the Council of the Corporation of the City of Elliot Lake ENACTS
AS FOLLOWS:
1. Interpretation
For the purpose of this by-law the following definitions shall apply:
a) "Backflow Preventer" means a device used in a water supply pipe which:
i. Incorporates two or more check valves to prohibit the reverse flow
of the water, irrespective of pressure differentials, where the
maximum working pressure is not exceeded;
ii. Contains integral safeguards to make it fail-safe in the event of a
malfunction of one or more of the check valves.
b) "Chief Building Official" means the person appointed by Council to such position
pursuant to the Ontario Building Code Act.
c) "Deck" means a structure that is accessory to a residential use and used as an
outdoor living area, with posts holding it erect and a floor that is above finished
grade.
d) "Enforcement Officer" means any person designated as Municipal Law
Enforcement, appointed by the Council of the Corporation of the City of Elliot
Lake, for the enforcement of municipal by-laws, including this By-law.
e) "Enclosure" shall mean a fence, wall or other structure, including doors and
gates, completely surrounding a pool.
f) "Fence" means a structure or partition made of wood, metal or other substance
that is constructed for any purpose, such as marking the boundary of a property,
enclosing a property, providing privacy, preventing access by people or animals,
or dividing a property into sections, and includes every door, gate and other
closure that forms part of a fence.
g) "Gate" shall mean a swinging or sliding barrier used to fill or close an access and
includes a door.
h) "Guard" means a protective barrier, with or without openings through it, that is
around openings in floors or at the open sides of stairs, landings, balconies,
mezzanines, galleries, raised walkways or other locations to prevent accidental
falls from one level to another.
i) "Inspector" means the person appointed by Council to such position pursuant to
the Ontario Building Code Act.
j) "Lot Line, Interior Side" means a lot line, other than a rear lot line that does not
abut a public street.
k) "Lot Line" means a line delineating any boundary of a lot.
l) "Lot Line, Exterior Side" means the lot line of a corner lot, other than the front lot
line, which divides the lot from a street or highway.
m) "Lot Line, Front" means the lot line that an address is provided for.
n) "Lot Line, Rear" means the lot line opposite to, and most distant from, the front lot
line. For the purpose of this definition, if two side lot lines join at a point, that point
shall be deemed as a rear lot line.
o) "Swimming Pool" means any body of water contained by artificial means located
outdoors on privately owned property in which the depth of the water at any point
can exceed 0.6 meters and shall include any accessory deck or support
structure.
2. Permit/Application
a) No person shall construct or cause to construct a swimming pool unless a permit
has been issued by the Chief Building Official.
b) An owner or their agent shall file an application for a building permit to construct
a swimming pool with the Chief Building Official on the application prescribed by
the Chief Building Official.
c) The application for a permit shall be accompanied by the required fee as
prescribed in the Building Permit Fee Structure By-Law (as amended) for the
municipality in effect on the day the application is submitted.
d) The application for the building permit for a swimming pool shall be accompanied
by:
i. A Site Plan showing the location and distance of the swimming pool
and fence relation to existing lot lines and structure;
ii. A Diagram showing the fence construction and height;
iii. A lot grading and drainage plan completed by a qualified person
(Professional Engineer or Certified Engineer Technologist "CET", or
other qualifications as deemed appropriate by the Chief Building
Official) where an in-ground swimming pool is proposed. It is
recommended that an in-ground swimming pool be installed by a
professional;
iv. Any other information that the Chief Building Official deems
necessary to determine whether the proposed construction will
comply with this by-law and any other applicable law, including the
Ontario Building Code.
e) The building permit application for a swimming pool that proposes the
construction of a deck, floor, platform, structure or any other building as defined
and regulated under the Building Code Act, shall be accompanied by separate
drawings with sufficient information to enable the Chief Building Official to
determine whether or not the proposed construction will conform to the Ontario
Building Code and any other applicable law. Where a building permit is required
for any deck, floor, platform structure or other building, the pool permit shall
include the building permit for the same.
f) The owner or their agent shall notify the Chief Building Official or Inspector of
readiness for inspection and schedule for an inspection for an Inspector, upon
completion of the construction of the swimming pool and enclosure, prior to use
of the swimming pool.
3. Fences/Enclosures - General
a) No person shall place water in a privately owned swimming pool or allow water to
remain in such swimming pool unless a fence/enclosure complying with the
provisions of this by-law has been erected and completely surround such
swimming pool.
b) No person shall construct a privately owned swimming pool unless there is an
approved enclosure erected and maintained entirely around such pool.
c) A wall of building may be considered to provide adequate protection for its length
when substituted for any portion of a fence, when all doors located in this wall are
equipped with a lock. The building shall be continuously occupied, or all door
thereto are to be locked when it is not occupied.
d) Every fence enclosing a privately owned swimming pool shall be a minimum of
1.5 meters in height and shall be constructed of a close board, chain link, or
other suitable product that will reasonably deter individuals from climbing to gain
access to the fenced area.
e) No barbed wire, or device producing electric current shall from part of a fence or
gate serving as an enclosure.
f) Every fence bottom rail shall not be more than 50 mm above finished grade.
g) A boundary fence on the lot line may be used as a portion of the fence around a
pool area provided such parts of the boundary fence used as fencing complies in
all respects to the requirements above.
h) During construction of an in-ground privately owned outdoor swimming pool, a
snow fence shall be erected so as to surround the excavation site.
4. Chain Link Fencing
a) Chain link fences shall be supported by a minimum 38 mm diameter pre-finished
steel posts spaced not more than 2.4 meters apart, placed to frost level.
b) Chain link shall have a mesh size of 38 mm or less, or other approved design
such that it will reasonable deter individuals from climbing to gain access to the
fenced area.
c) A diagram showing the fence construction and height will be required with the
application to obtain a swimming pool permit.
5. Close Board Fencing
a) Close boarded fences shall be supported by wood, metal, or composite posts at
least 89 mm x 89 mm spaced not more than 2.4 meters apart, placed to frost
level, or be another approved system.
b) Where wood posts are used, the portion of the post below ground shall be
treated with wood preservative.
c) Close boarded fences shall be installed vertically as to deter individuals from
climbing, to gain access to fences in area.
d) A diagram showing the fence construction and height will be required with the
application to obtain a pool permit.
6. Gates
a) Gates in the required fence shall provide protection equivalent to the fence and
shall be equipped with self-closing, self-latching, spring loaded devices and a
lock located at the top of the gate.
b) Every privately owned swimming pool shall be secured against entry of the public
other than tenants or their guests and no invitation to the public shall be
extended.
c) No person shall leave the gate to a fenced area unlocked except when the area
is being used and supervised by the owner of the premises, or another adult
person authorized by the owner to supervise the use of the pool.
7. Zoning Setbacks and Height Requirements
a) Outdoor swimming pools and hot tubs are permitted in the interior side, rear and
exterior side yards, provided they are set back a minimum of 1.2 meters from the
interior side and rear lot lines and 3.0 meters from the exterior side lot line.
b) No part of such swimming pool or hot tub, including the associated apron or
platform shall be constructed in a front yard.
c) All pools, aprons and platforms shall meet the minimum requirements of this by-
law and as provided in the City of Elliot Lake Zoning By-aw.
d) Setbacks are to be measured from the water's edge of the swimming pool or hot
tub to such lot line.
e) The maximum height of a swimming pool or hot tub is 1.5 meters above grade.
f) Swimming pool pumps, filters and heaters are permitted in the interior side, rear
and exterior side yards, provided they are set back a minimum of 0.6 meters from
the interior side and rear lot lines and 1.5 meters from the exterior side lot line.
g) Swimming pools shall not count towards lot coverage of accessory uses or total
lot coverage.
8. In-Ground Swimming Pools
a) A lot grading and drainage plan completed by a qualified person (Professional
Engineer or Certified Engineer Technologist "CET", or other qualifications as
deemed appropriate by the Chief Building Official) shall be provided prior to
issuing a permit, to allow the installation of an in-ground swimming pool. It is
recommended that in-ground swimming pools be installed by a professional.
b) All equipment such as pumps, filters and heaters shall be situated in a way to
deter individuals from climbing to gain access to such pool.
c) Electrical services to a Pool shall comply with all requirements of the Ontario
Electrical Safety Code and the Electrical Safety Authority (ESA). Upon request of
an Official, a copy of an ESA Certificate of inspection shall be provided to the
Official.
d) Water in a pool shall be maintained and not become stagnant. Any stagnant
water in a pool shall be fully restored to an acceptable standard or removed.
9. Above Ground Swimming Pools
a) The sidewalls if above ground swimming pools shall be vertical, smooth, have no
horizontal projections, or any other projections that will facilitate climbing.
b) Certain above-ground privately owned outdoor swimming pools have a fence
around the top of the pool. This fence is an integral part of their construction and
shall be a minimum of 1.5 meters in height from the base of the pool. This
system shall be considered an integrally constructed fence being part of the
required swimming pool enclosure.
c) Any ladder providing access to the pool shall be readily removable without the
use of tools, or lockable in a non-climbing or upright position.
d) All equipment such as pumps, filters, and heaters shall be situated in a way to
deter individuals from climbing to gain access to such pool.
e) Electrical services to a Pool shall comply with all requirements of the Ontario
Electrical Safety Code and the Electrical Safety Authority (ESA). Upon request of
an Official, a copy of an ESA Certificate of inspection shall be provided to the
Official.
f) Water in a pool shall be maintained and not become stagnant. Any stagnant
water in a pool shall be fully restored to an acceptable standard or be removed.
10. Backflow Preventer
a) Where the orifice of a faucet, spout or distributing pipe supplies water to a
privately owned outdoor swimming pool, a back-flow preventer shall be connected to
such orifice.
b) Where a privately owned outdoor swimming pool is supplied either directly or
indirectly through devices, with water from a permanent potable water supply line,
such permanent water supply line shall be equipped with an operational back-flow
preventer.
11. Deck around Pool
a) Any deck, floor or platform with a guard system that is adjacent to the pool,
and/or provides access to the pool shall have a minimum height of 1.5 meters.
b) The deck, floor or platform with a guard system shall be considered non-
climbable around its entire perimeter with no openings that will allow the passage
of a 100 mm diameter sphere.
c) The deck, floor or platform with a guard system shall be constructed in
conformance with the Ontario Building Code.
12. Hot Tubs
a) Structured known as "Hot Tubs", "Whirlpools", or "Spas" do not require a building
permit and need not comply with the enclosure/fence section of this by-law,
provided that a substantial cover is fixed securely to the structure and is lockable
to prevent access.
b) No person shall leave a Hot Tub, Whirlpool, or Spa unsecured by a substantial
cover fixed securely to the structure and locked, while not attended by a
responsible person.
c) If a person makes the City aware of their Hot Tub, Whirlpool, or Spa that is going
on a deck, they must have their deck reviewed by an Engineer to make sure the
structure can support it.
13. Severability
a) Any section or part of a section of this by-law which may subsequently be held to
be invalid, shall be severable from the remainder of the by-law and the invalidity
thereof shall not affect the remaining part of this by-law
14. Enforcement
a) This By-law shall be enforced by the Chief Building Official, Inspector,
Enforcement Officer, or designate.
b) The provisions of this by-law shall apply to all installations or alterations of
privately owned outdoor swimming pools regardless of the date of construction of
such swimming pool.
15. Penalty/Offences
a) Every person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine pursuant to the provisions of this
Provincial Offences Act, R.S.O. 1990, Ch.P.33, as amended. Each day that such
offence is committed, or permitted to continue shall constitute a separate offence
and may be punishable as such.
16. Repealed
a) That by-law 79-70 is hereby repealed.
17. That this by-law shall come into force immediately on the passing thereof.
PASSED this 8th day of April, 2024.
_____________________________
MAYOR
A. WANNAN
_____________________________
DEPUTY CLERK
A. LAURENCE
CERTICATION BY THE CLERK:
I, N. Bray, Clerk of the Corporation of the City of Elliot Lake, do
hereby certify that the above is a true certified copy of By-Law-24-
28 which was passed in Open Council on the 8th day of April, 2024.
N. Bray - City Clerk