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CORPOR,A,TION OF THE TOWN OF'ER]N
BY-LAw NUM IERJZL:J!
Being a By-Law to regulate pool
enclosures within the Town of Erin
WHEREAS the Municipal Act, s.o. 200r, c.25, s. 11, as amended, provides that a municipality
may pass bylaws respecting structures, including fences;
aND WHEREAS the councii of the corporation of the Town of Erin considers it in the best
interest of the residents of the municipality-to pass a by-law requiring ovmers ofprivately owned
outdoor swimming pools to erect and mainiain fences and gates in a prescribed manne. *o,-d su"h
swimming pools;
WHEREAS Section
to health, safety and
THEREFORE, THE COLINCIL OF THE CORPORATION OF THE TOWN OF ERIN
]Y ENACTS AS FOLLOWS:
DEFTNITIONS
(a) CHIEF BUILDING OFFICIAL shall meanthe chiefBuilding official ofthe Town
of Erin duly appointed by by-raw to administer and enforce thelrovirion, oitt iJy_
law.
(b) HEIGHT means the d^t:t"":" measured from the grade where the fence posts are
embedded to the top of the fence.
(c)
HOT TUB means a hot tub, Jacuzzi, whirlpool, or spa
(d) MUNICIPAL LAw ENFORCEMENT OFFICER shall mean rhe Municipar Law
Enforcement ofïicer ofthe Town of Erin duly appointed by by-law to administer and
enforce the provisions ofthis bylaw.
(e) owNER of a property incrudes the registered owner of the property and any lessee,
tenant, mortgagee in possession or person occupying or in ôfr*g" óf tfr" póp".ty; '
(g) PERSON includes a corporation and the heirs, executors, administrators or other
legal representatives ofa person to whom the cántext can apply according to law.
(h) POOL shall mean a body of water located outdoors on privately orured property
contained in whole or in part by artificiar means, including a Lot tub, *lri"r, i.
designed ro be used or maintained principally for swimmii'g, waOing,'ai"ìng oi
bathing, in which the depth of wateiat any point can exceed á rcet 6õO_-l,"trrt
does not include:
1 3 0 of the Municipal Act authorizes a mruricipality to regulate matters
well-being of the inlabitants of the municipality;
t.
ll.
storm water management pond;
anatural or man-made pond, lagoon, water reservoi¡ streams, lakes, svr'amps,
other.natural_bodies of water, or a manure storage facility located on lands
zoned.agriculhral in rhe applicable Zoning Bylaî.
a public swimming pool which is subject to-the regulations made pursuant to
the Building Code Acr, S.O. 1992, c.23.
(Ð
PooL EN.L'SURE shalr mean a fence, wat or other structure, o¡ combination
, o , u ú"."of including doors and gut"r, surrounà'irrg ffiately owned pool and restricting
c)
access thereto.
PROPERTY mears a building or structure or part of a building or structure and
includes the iands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile shuctures, outbuildings, accessory buildings, fences and erection
thereon, and includes vacant property on which there are no structures ofany kind.
TEMPORARY POOL means an inflatable pool or other pool which is designed to
be removed periodically on a seasonar or more frequent i"mpo.ury basis which is
capable of containing water with a depth in excess of 2 feet (600 mm) at any point.
(k)
GENERAL PROVISIONS
(a).
(b).
(c)
No person shall excavate for, install, construct or erect a swimming pool on private
property in the Town of Erin without a permit to do so, issued by t¡è fo*n.-
No person shall install, own or maintain, or cause or permit the installation or
mainte^naace of any privately owned swimming pool withii the Town of Erin except
in conformity with the provisions of this bylaw.
No person shall place water, or permit water to be placed or permit water to remain in
a privately owned outdoor swimminþ pool untii:
i.
the swimming pool is surrounded by a fence which is in full compliance with
all provisions ofthis bylaw, and
ii.
the Ruilding Department has been notified and an inspection passed by the
Chief Building Offrcial or designate.
No person shall remove any part of a pool enclosure without having first obtained a
permit from the Town.
No person shall remove any part ofa pool enclosure if the pool is filred with water.
An owner shall ensure that:
],
all Sates forming part ofthe pool enclosure meet the standards ofthis bylaw;
ii.
all entranceways to a pool enclosure through a wall ofa main building meei
the standards of this by-law;
ìii.
all gates forming part of a pool enclosure are locked when the area is not in
active use;
iv.
the lockable lid of any hot tub is closed and locked when the pool area is not
in active use unless the hot tub is within a locked pool enclosure meeting the
requirements of this byJaw.
No person shall place, piie, attach or lean any obj ect or material against or near a pool
enclosure so as to facilitate climbing of the pool enclosure, diminish the struciural
integrity of a pool enclosure or render the pool enclosure in non-conformity with the
provisions of this by-law.
No person shall erect a fence adjacent to an existing pool enclosure that does not
compiy with the requirements of this byJaw.
In addition to the provisions of this By-Law, no person shall erect or install a
swimming pool or fence uniess same complies with the Zoning By-Law and
amendments thereto for the Town of Erin.
(d)
(e)
(Ð
o
G)
(h)
(Ð
S\ryIMMING POOL PERMIT
(a)
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!y-"ry!"lfo applying for a swimming pool enclosure permit shall provide ro the
Chief Building Offi ciat:
i)
a completed appiication form as provided by the Town ofErin.
iÐ
2 copies of a sìte plaa identi$'ing the exact location of the proposed
construction, showing fence and gate locations, location of all buildings,
location of the septic system, existing drainage pattems, slopes and
embankments.
iiÐ
any proposed changes in grading and the construction details ofany retaining
wall proposed.
irr)
the applicable permit fee as set out in the Town of Erin Bu ding permit Fee
Bylaw 05-62, as amended, or any succeeding bylaw.
FENCE SPECIF'ICATIONS
(a) No person shall erect, have or maintain a privately owned outdoo¡ swimming pool
unless the fence has a height above ground level ofnot less that 5 feet (1500 mm).
(b) A fence required by this byJaw, shall be located not less tha¡ 3 feet (900 mm) from
other fences or similar permanent obj ects that would facilitate climbing, or the fence
is increased to a height of 6 feet (1g00 mm)
for a dista¡ce of 3 feet (900 mm) on either side of such objects. such additional
height must adequately prohibit unauthorized entry in the opinion of a person
authorized to enforce this by-law.
(c)
No person shall erect, have, permit or maintain on residential property to which this
by-law applies, a fence greater than 6 feet (1800 mm) in height, provided that this
restriction shall not apply where such property is abutting and such is contiguous to a
non-residential property.
(d) No person shall erect or maintain a fence required by this by-law having an opening
greater thaa 4" (100 mm) beneath such fence. The ground beneath the fence carurot
be of loose gravel or other material which can be easily removed so as to afford
access under the fence;
(e) No person shall erect a fence required by this by-law unless such fence design has
been approved by the chief Building official and is of verticary boarded wood
construction, chain link construction or of other materials and construction as
provided for in this byJaw:
i.
Chain link construction shall;
(1)
not be greater than I %,, (a0 mm) diamond mesh;
(2) be constructed of galvanized steel wire not less than 2.6g0 mm
diameter, or of minimum 2.032 mm diameter steel wire covered with
a vinyl or other approved coating forming a total thickness equivalent
to 2.680 mm diameter galvanized wire;
(3) be supported by at least I %. (35 mm) diameter galvanized steel
posts, such posts to be spaced not more than 10 feet (3 05 0 mm) apart.
A top horizontal rail shall be provided of 1 %', (31 mm) minimum
diameter galvarttzed steel, except that a 6 mm minimum diameter
galvanized steel tension wire may be substituted for the bottom
horizontal steei rail. A vinyl or other approved coating may be
substituted for the galvanized coating.
ii.
Wood construction shall:
(1) have the vertical boarding attached to supporting members all of
which are arranged in such manner so as not to facilitate climbing
from the outside. Such vertical boards shail be not less than % ', x
3%" (17 mmx 89 mm) nominal dimensions spaced not more than
2%" (70 mm) apart;
Ø
be supported by a minimum of 3 %" (g9 mm) square or 3 %', (g9 mm)
diameter cedar posts, nominal dimensions, spaced not more than 10'
on centres securely embedded to a minimum of 32" (910 mm) below
grade. That portion of the wood post below grade shall be treated
with a wood preservative. Top and bottom horizontal rails shall be
constructed of wood I y, " (39 mm) by 3 k " (99 mm) minimum
dimensions, spaced at least 4 feet (1.2 m) apart vertically.
iii.
Wrought iron or wrought iron style - metal shall:
(1)
have horizontal members a minimum of 4 feet (1.2 m) apart with
pickets a maximum of 4" (100 mm) on centre. Steel posts to be a
minimum of 2', (50 mm) diameter, 3 feet (0.9 m) in ground with
concrete encased. Spacing of posts shall be a maximum of 10 feet
(3.05 m) aparr.
(Ð
The fence may be of construction other than that specified, provided an equivalent
degree of safety is maintained and shall be approved by á person authorized to
enforce this byJaw.
(g)
There shall be no capability ofprojecting electric current through any portion ofthe
fence or any appurtenarice thereto.
(h)
There shall be no barbed wire forming any paft of the fence or forming any
appurtenance theteto.
(Ð
A boundary fence which complies with the provisions ofthis by-law shall be deemed
a sufficient fence provided that abutting fences, grades and sfuctures do not reduce
the effective height of the boundary pool enclosure.
ú)
The fence shall not enclose a utility meter, a fumace oil filler pipe or other utility
reading device which requires inspection or attendance by utility or service
personnel.
(k)
No person shall install, erect, construct, have or maintain an outdoor privately owned
swimming pool, unless the edge ofthe water, or any construction around such pool is
constructed a minimum of 4 feet ( I .2m) from the property line.
GATES AND DOORS
(a)
No person shall install, erect, construct, have or maintain an outdoor privately owned
swimming pool unless all gates and doors giving access to a privately owned outdoor
swimming pool are self closing, self latching and locked at all times except when the
fenced-in area is actually being used by the owner or persons duly authorized by the
owner.
TEMPORARY FENCE DUR]NG CONSTRUCTION
(a)
The owner shall ensure that temporary fencing meeting the requirements of this
section is in place during all phases of construction ofthe pool such that unauthorized
access to the site is prevented. Temporary fencing shall be a 4 feet (1.22 m) high
snow fence, or such other fencing material with similar visibility, height and rigidity
as may be approved by the chief Building official in writing, and shall be securely
attached at any openings when the area is left unattended.
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EXISTING POOL ENCLOSURES
(a)
The provisions ofthis by-law shall not prevent the use ofan existing pool enclosure
if that pool enclosure was constructed prior to the effective date ãi ttris bylaw in
accordance with the regulations of ByJaw 9g-04, or any predecessor to thai bylaw
and has been maintained conthuousry in accordance with those regulations.
(b) where a pool exists on the date ofthe passing ofthis By-Law and is not fenced, the
owner shall erect fencing in compliance with this By_Law.
(c) At such time as an existing pool encrosure is repraced or substaatialy alte¡ed, the
replacement or altered pool enclosure shall be constructed in accotdance with this bv-
1aw.
ABOVE-GROUND SWIMMING POOLS
(a)
Above ground swimming pools, with vertical sides not less than 6' feet (1g00 mm)
high which are constructed so as not to facilitate climbing, need nòt have an
enclosing fence around the perimeter, provided access pointi are fenced and the
outside enclosure is equivalent to the standards for fences in this byJaw.
i.
any ladder or stair assembly pioviding access to the swimming pool or to any
deck or other assembly forming part of the swimming pooL is hinged and
constructed in a manner so as to be latched in an upright position or gated,
thereby preventfurg entry to the swimming pool.
TEIVIPORARY POOLS
(a) Ifapool enclosure permit has been obtained with respect to the pool enclosure for a
temporary pool, the temporary pool may be reinstaned a¡d refilled with wate¡
without additional permits or inspects provided there have been no alterations to the
pool enclosure.
HOT TUBS
(a) Notwithstanding section 4 of this Bylaw, when any swimming pool is a hot tub, the
owner of such swimming pool shall ensure that:
i. all fence provisions ofthis by-law are complied with; or
ii. such hot tub is fitted with a lid or cover that is capable ofholding z}}lbs. (90.72
kg) without collapse and such lid or cover is locked in place at ai times when the
hot tub is not in use,
ADMIMSTRATION AND ENFORCEMENT
(a)
The administration and enforcement ofthis By-Law is the responsibility ofthe Chief
Building official and the Municipal Law Enforcement ofEcer appointed by the
Town ofErin.
(b)
Wherever a standard established by this by-law is diflerent from a standard in relation
to the same matter established by any other item oflegislation in force in the Town of
Erin, the standard which provides the higher degreè of protection for the health,
safety and welfare of the occupants and of the general public shall prevail.
(c)
Any person who contravenes a¡y section ofthis By-Law is guilfy ofan offence and
upon conviction is liable to a fine as provided for under the provisions of the
Provincial Offences Act, R.S.O. 1990, as amended.
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(d)
Tovrn of Erin By-Law 98-04 is hereby repealed.
READ three times and finally passed by Council the & t
day of