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THE CORPORATION OF THE MUNICIPALITY OF FRENCH RIVER
BY-LAW 2001-13
BEING A BY-LAW TO REGULATE FENCING AROUND PRIVATE OUTDOOR
SWIMMING POOLS WITH THE MUNICIPALITY OF FRENCH RIVER
WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, Section 210, Subsection 30, permits
Municipalities to pass By-laws requiring owners of privately owned outdoor swimming pools to
erect fences around such swimming pools;
AND WHEREAS it is deemed expedient to regulate fencing around private outdoor swimming
pools in the Municipality of French River;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF FRENCH RIVER ENACTS AS FOLLOWS:
1.
Definitions:
·
"Swimming Pool" shall mean, an excavation or container designed to hold water,
whether in ground or above ground, the purpose of which is for swimming, diving
or any recreation water activity, excepting that this does not apply to any container
which is placed on ground at grade level and has no depth exceeding one metre and
no dimension exceeding three metres.
·
"Privately Owned Outdoor Swimming pool" shall mean, any swimming pool,
constructed, assembled or erected on private property, which is not contained
wholly within a building and is not used for gain or profit.
2.
Prohibitions
No person shall
·
a) construct or cause to be constructed a privately owned outdoor swimming pool
with obtaining a swimming pool fence permit from the Municipality.
·
b) place or allow to be placed, water or allow water to remain in a privately owned
outdoor swimming pool unless the fences and gates prescribed in this by-law have
been erected and maintained in conformance with provisions of this by-law.
·
c) allow the fences and gates, as prescribed in this by-law, to be removed, destroyed
or become into a state where they do not perform their intended use.
3.
Permits
By-law 2001-13
Pool Fencing
Applications for permits required in Section 2 of this By-law shall be made on the prescribed form
and be accompanied by the following;
·
a) A detailed site plan of the property showing the location of all buildings and the
proposed swimming pool and fence, drawn to scale.
·
b) Approval in writing from the Sudbury & District Health Unit, where applicable.
·
c) A non-refundable fee of $25.00 (twenty-five dollars) to be paid to the
Municipality of French River.
4.
Fences and Gates
The fences and gates referred to in Section 2 of this By-law shall be constructed as follows;
·
a) The fence shall be a minimum of 1524mm (5 feet) in height measured from
anywhere at the grade of the bottom of the fence vertically to the top.
·
b) There shall be no opening in the fence greater than 100mm (4").
·
c) The fence shall be constructed of such material and in such a manner as too not
facilitate climbing of the fence.
·
d) Where the swimming pool is constructed wholly or partly above grade, that
portion of the construction above grade may be used in the calculation required for
height in Subsection 4(a) above provided that the remaining requirement is met in a
safe manner for pool uses.
·
e) The fence shall completely encompass the swimming pool excepting that the
wall or walls of a building may be substituted for a portion thereof provided the
fence is affixed to the building.
·
f) All fences required in this by-law, excepting fences as described in Section 4(d)
of this by-law shall be constructed in such a manner that no portion of the fence is
closer than 1.5 metres (5 feet) to the edge of the swimming pool.
·
g) Any opening in the fence, provided for passage through the fence shall be
protected by a gate.
·
h) Gates shall be constructed in a like manner as the fence required in Section 4(a),
(b) and (c) of this by-law.
By-law 2001-13
Pool Fencing
·
i) Gates shall be provided with a lock or locks which require a key or special
knowledge to open.
·
j) Gates shall be kept closed and locked at all time excepting when the fenced in
area is in use by the owner, lessee or tenant of the land, or other authorized
responsible person.
5.
Offences
·
a) Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty as provided for in the
Provincial Offences Act.
ADOPTED THE 20th DAY OF JUNE, 2001