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THE CORPORATION OF THE TOWNSHIP OF FRONT OF YONGE
BY-LAW # 15-06
A BY-LAW RESPECTING THE ENCLOSURE FOR PRIVATELY-OWNED OUTDOOR
SWIMMING POOLS
WHEREAS Subsection 210 (30) of the Municipal Act R.S.O. 1990, Chapter M.45, as amended
enables the Council to require owners of privately-owned outdoor swimming pools to erect and
maintain fences and gates around such pools;
NOW THEREFORE the Council of the Corporation of the Township of Front of Yonge hereby
enacts as follows:
TITLE
1.
This By-law may be cited as the "Swimming Pool Enclosures By-law".
DEFINITIONS
2.
In this By-law;
a)
Building
means any structure used or intended for supporting
or sheltering any use or occupancy.
b)
Chief Official
means the Chief Building Official of the Corporation
of the Township of Front of Yonge.
c)
Corporation
means the corporation of the Township of Front of
Yonge.
d)
Permit
means permission or authorization in writing from
the Chief Official to erect enclosures around
swimming pools as regulated by the By-law; and
e)
Swimming Pool
means any in-ground or above-ground pool (hard
sided and soft sided) containing water greater than
600 mm (2 feet) deep, or has the capacity to hold
water of a depth greater than 600 mm (2 feet), which
has been artificially created for the purpose of
swimming, bathing, wading or reflecting.
GENERAL REQUIREMENTS
3.
Every owner of a privately-owned outdoor swimming pool shall ensure that an enclosure
around such a pool is constructed and maintained according to the provisions of the
By-law.
4.
No person shall place water in a swimming pool in the Township of Front of Yonge unless
the prescribed fences and gates have been erected in accordance with the provisions of this
By-law.
5.
No person shall allow water to remain in a swimming pool in the Township of Front of
Yonge unless the prescribed fences and gates have been erected in accordance with the
provisions of this By-law.
PERMITS
6.
No person shall construct or place a swimming pool on his property in the Township
without first obtaining a swimming pool permit.
APPLICATION FOR PERMIT
7.
To obtain a permit the owner shall file an application in writing by completing a prescribed
form in the office of the Chief Official.
8.
Except as otherwise permitted by the Chief Official, every application shall:
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 one (1) complete set of plans showing details of the enclosures
as well as its relationship to lot lines, buildings and fences,
d)
state the names, addresses and telephone number of the owner and the contractor
performing the work.
9.
An applications for a permit may be deemed to have been abandoned and cancelled six (6)
months after the date of filing, unless such application is being seriously proceeded with.
PLANS, SPECIFICATIONS AND INFORMATION
10.
Sufficient information shall be submitted with each application for a permit to enable the
Chief Official to determine whether or not the proposed work will comply with this
By-law.
CONDITION OF PERMIT ISSUANCE
11.
Every swimming pool shall have an adequate enclosure erected around it in accordance
with the following provisions of this Section:
a)
at least 1.2 m (4 feet) in height and of a close-boarded or other approved design in
order to reasonably deter children from climbing it to gain access to the fenced-in
area; or
b)
a chain link fence of at least 1.52 m (5 feet) in height; or
c)
the side walls of an above-ground pool may be used as the enclosure, where they
are at least 1.2 (4 feet) above the surrounding grade and located at least 900 mm (3
feet) horizontally from any fixed object which could allow the walls to be climbed.
d)
decks, stairs and gates in and around the enclosure shall;
i)
provide protection equivalent to the enclosure,
ii)
be equipped with a self-closing and latching device and lock at the top and
inside of the gate, and,
iii)
be locked except when the enclosed area is actually being used and
supervised.
e)
barbed wire, page-wire or fencing energized by electrical current shall not be used
as an enclosure for the swimming pool.
f)
where a wall of a building is used as part of an enclosure, all doors located in the
wall of the building shall be equipped with self-closing, self-latching and locking
devices.
g)
any pool enclosure being comprised of chain-link fencing of lesser height than
specified herein having been installed prior to the date of passing of this By-law,
shall be deemed to be in conformity with this By-law.
h)
notwithstanding any other provision hereof to the contrary, where a pool enclosure
was legally erected in conformity with previous applicable law, such enclosures
shall be deemed to be in conformity with this By-law. However, where a pool
exists on the date of passage of this By-law, without an enclosure, it shall be
required to comply with the enclosure requirements of this By-law.
12.
There shall be a minimum distance of 1.2 m (4 feet) between the enclosure and any part of
a below grade swimming pool unless approved otherwise by the Chief Official.
13.
When an enclosure is not erected or maintain, in accordance with the provision of the
By-law, the Chief Official shall send a notice by registered may or by hand to the owner of
the land on which the swimming pool is located, at his last known address requiring him to
make the enclosure conform to the requirements of this By-law and the notice shall specify
the time allowed for compliance.
14.
a)
where a notice has been sent by the Chief Official pursuant to Section 14 hereof,
and the requirements of the notice have not been complied with, the Chief Official
may cause the work to be done and the Corporation may recover such expense by
action ir in like manner as municipal taxes.
b)
a copy of an invoice for charges and expenses referred to in subsection (a) hereof,
together with a certificate by the Treasurer that:
a)
the invoice has been sent to the persons liable to pay same,
b)
no payment or insufficient payments has been received in respect of the
invoice, and
c)
payment of the invoice is overdue, shall be sufficient authority to enter the
amount of the unpaid balance of the invoice on the Collector's Roll.
PENALTIES
15.
Every person who contravenes any provision of this by-law is guilty of an offense and on
conviction is liable to a fine as provided for in the Provincial Offences Act.
16.
When a person has been convicted of an offence under this By-law, any court of competent
jurisdiction may, in addition to any other penalty imposed on the person convicted, issue an
order prohibiting the continuation or repetition of the offence or the doing of any act or
things by the person convicted directed toward the continuation of repetition of the
offence.
17.
All former By-laws or parts of By-laws which are contrary or inconsistent with the By-law
are hereby rescinded.
READ a first and second time this10th day of July, 2006.
READ a third and final time this 10th day of July, 2006.
Reeve, Mark Pergunas
Clerk, Elaine A. Covey