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THE CORPORATION OF THE
TOWNSHIP OF GEORGIAN BAY
BY-LAW NO. 2007- 29
BEING A BY-LAW TO REGULATE FENCES AROUND
PRIVATELY OWNED SWIMMING POOLS
IN THE TOWNSHIP OF GEORGIAN BAY.
WHEREAS
the Municipal Act.
S.O.
2001,
Chapter
25,
Section
8(1),
As Amended,
confers broad authority on municipalities lo enable them to govern their affairs as they
consider appropriate;
AND WHEREAS
the
Municipal
Act,
S.O.
2001.
Chapter
25,
Section
10P)10
As
Amended, provides that a municipality may pass By-laws respecting structures, including
fences and signs;
AND WHEREAS
it
is deemed expedient
to regulate
fencing around
private outdoor
swimming pools in the Township of Georgian Bay;
AND WHEREAS
it
is deemed appropriate to provide clarification to the definition of
Swimming Pool";
fthe Corporation Of the Tow"sh'P of Georgian Bay
SHORT TITLE - SECTION
1
1.1.
This By-Law shall be known and may be cited as the "Swimming Pool Fence By-
Law".
J
DEFINITIONS - SECTION 2
2.1.
-Chief Building
Official11 means
the
Chief Building
Official
appointed
by
the
Township
of Georgian Bay
under
the
Ontario
Building
Code
Act
or
his/her
designate for administrative purposes.
"Enclosure"
means
a
structure
or
partition
made
of wood,
metal
or
other
substance and erected for the purpose of enclosing a piece of land into distinct
partitions, and includes doors, gates and other closures, and is
designed to restrict
access
to privately owned outdoor swimming pools.
"Owner" means the individual, firm or corporation that is the registered owner of
the land and includes a lessee, tenant, mortgagee in possession, and the person or
persons in charge of land on which a pool
is located.
-Swimming Pool" shall mean, an excavation or container designed to hold water
whether in ground or above ground, either hard sided or soft-sided,
the purpose
of which
is
for swimming,
diving,
bathing,
wading,
or any other recreational
water acttvity, and containing water greater than 60 cm (24 inches) deep
or has
capacity to hold water of a depth greater than 60 cm (2 feet) but does not include
a swimming pool owned by a public or government body, agency or authority
, or
any farm pond, naturally occurring streams, lakes, creeks, ponds or quarries.
"
2.5.
"Swimming Pool Fence" means a fence surrounding a privately owned outdoor
swimming
pool
and
shall
include
a
fence
integrated
into
the
design
of
the
swimming pool.
2.6.
"Township" means the Corporation of the Township of Georgian Bay.
GENERAL PROVISIONS - SECTION 3
3.1.
No person
shall
erect or cause
to
be
erected,
a swimming pool,
unless
totally
enclosed by a free standing fence or fence which
is integrated into the design of
the swimming pool.
:
Administration of this By-Law shall be under the authority of the Chief Building
Official of the Corporation of the Township of Georgian Bay or the appointed
designate.
3.3.
Inspection - the Chief Building Official, or appointed designate,
shall have the
right
to
enter
onto
any
property
containing
a
new
privately owned
outdoor
swimming
pool
during
reasonable
hours
for
the
purpose
of
inspecting
the
swimming pool fence enclosure.
3.4.
Swimming pools
shall be
located no
closer
to
lot
lines
than
permitted
by
the
Township of Georgian Bay Zoning By-Law No.91-19 as amended.
3.5.
Provisions of this By-Law shall apply to all privately owned outdoor swimming
pools constructed subsequent to the date of passage of this By-Law.
3.6.
No
person
shall
excavate
for or cause
or permit
excavation
for any privately
owned outdoor swimming pool, or erect or cause or permit
the erection of any
privately owned outdoor swimming pool without first obtaining a swimming pool
fence
permit
from
the
Township.
Fees
for
pool
fence
permits
shall
be
in
accordance with Schedule "A" of this By-law. Application for a pool fence permit
shall be in accordance with Schedule "B"
Prior to issuing such permit, the Chief Building Official shall be satisfied that the
proposed fence shall be in conformity with the requirements stipulated herein.
^
3.8.
No
person
shall
make
a
change
or
cause
a
change
to
be
made
to
a
plan
specification, document or other information on the basis of which a permit was
issued
without
notifying
the
Chief Building
Official
or
designate,
and
filing
details of such change with the CBO
or designate for the purpose of obtaining
authorization.
3.9.
No
person
shall
place water
in
a swimming
pool,
allow
water to remain
in
a
swimming pool or use a swimming pool unless an enclosure has been erected
in
accordance with the provisions of this By-Law.
3.10.
The owner of lands, or his agent, upon which
it is intended to construct or erect a
swimming pool, or upon which
a swimming pool
is
located,
shall
apply
lo
the
Chief Building Official, or designate, and obtain a plumbing permit before any
direct connection
is made between a swimming pool and any water supply, and a
swimming pool and any drain.
3.11.
No person
shall
allow the fences and gates,
as prescribed
in
this
By-law,
to be
removed, destroyed or come into a state where they do not perform their intended
use and purpose.
3.12.
Structures known as "hot tubs", "whirlpools" and "spas" need not comply with
requirements of Section 4 through 5 of this by-law provided that a secure cover of
rigid material
is placed over the opening, and provided that no person shall leave
the hot tub, whirlpool or spa without
first locking the cover in place lo prevent
access when the structure is not in use.
FENCING REQUIREMENTS - SECTION 4
4.1.
Specifications
every
swimming
pool
shall
be
enclosed
with
fencing,
or
enclosure, including gates, in accordance with one or more of the specifications
set out in this By-Law. Such
fencing, or enclosure, including gates therein shall
extend from
the ground
to the height of not
less than
1.52 m
(4
feet) and shall
fulfill
the
intent of prohibiling unauthorized
trespass
unto
the swimming
pool
area.
4.2.
No space or opening below the top of an enclosure shall be more than
i 00mm (4
inches) in length or width. No enclosure shall be located closer than 1.2 m (4 ft) to
any
feature
that
facilitates
the
climbing
of
the
enclosure
unless
alterative
measurers, satisfactory to the Chief Building Official, are implemented to provide
an equivalent level of safety as set out in this By-Law.
4.3.
No
enclosure
shall
be
constructed
with
any
features
which
may
facilitate
climbing.
Chain
Link
Fence
--
may
be
used,
with
links
not
exceeding
44
mm
(1.5
m.)consisting of 12 gauge galvanized steel wire, or of 14 gauge steel wire covered
with vinyl or other approved plastic that would yield a total thickness equivalent
to 12 gauge wire.
4.5.
Galvanized steel supporting posts measuring 38 mm (1.5 in) in diameter)spaced at
a maximum of 3.0 m (10
ft) apart may be used.
Such posts shall be encased
in
concrete extending below grade; and top and bottom rail shall be firmly fastened
to
the upright posts and made of 32 mm (1.25
in) diameter galvanized steel. A
galvanized steel rod / wire 5 mm may be substituted for the bottom rail.
4.6.
Wood
/ Board Fence - a fence of vertical board construction shall have wood of
19 mm
(3/4
in) thick attached
to a top and bottom
rail
in such
a manner as
to
prevent climbing from the outside. Such boards must not be less than
19 mm x
100 mm (3/4 in x 4 in) and must be spaced not more than 100 mm (4 in) apart.
Supporting horizontal members shall have a minimum dimension of 39 x 89 mm
(2x4
inch nominal)
and
shall
be
spaced
a minimum
of
1.22 m
(4
ft)
apart
installed on swimming pool side; and horizontal members shall be supported by
posts
that
are
a
minimum
89 mm
(4
inches
square)
and
shall
be
spaced
a
maximum of 3.0m (10ft) apart. The posts shall be placed a minimum ofO.5 m (2
ft) below
grade
with
the
portion below
grade
treated
with
an approved wood
preservative or equivalent.
4.7.
Exceptions -
the
wall
of a building may
form
part
of the
required
enclosure,
except wiiere:
the main building entrance is located within the swimming pool enclosure;
or
the service entrance to a multiple occupancy building is located within the
swimming pool enclosure; or
a
utility meter or
furnace
oil
filler pipe
is
located within
the swimming
pool enclosure.
Other Fencing - other types of fences including retaining walls and deck guards
to
serve
as swimming pool
fences
shall
be constructed
in
accordance with
the
requirements of the Ontario Building Code.
4.9.
A fence of any other construction which provides an equivalent or greater degree
of strength and safety and which meets the requirements of the Ontario Buildin»
Code may be approved by the Chief Building Official upon receipt of complete
plans and specifications for such fence.
4.10
Above ground swimming pools, where they arc hard-sided, may have a fence as
an
integral
part of their construction
with
an
effective
height of 1.83m
(6
ft)
provided thai
it is of stable construction to resist entry and that a suitable ground
constructed
enclosure
surrounds
the
entrance
ladder.
Maximum
vertical
and
horizontal spacing to be 100 mm (4 inches) in all cases.
4.11.
Temporary Fence - a temporary fence shall consist of 1.52 mm (5
ft) high plastic
mesh, having mesh not greater than 38 mm (1.5
in) and shall be permitted only
during
construction.
It
shall
be
replaced
prior
to
the
swimming
pool
being
completed.
4.12.
Barbed Wire / Electric Current - the use of barbed wire or electrical current with
respect
to
any
fence
enclosing
a
privately
owned
swimming
pool
is
strictly
prohibited.
4.13.
Lattice Work- the use of lattice work as part of the enclosing fence is prohibited.
GATES - ENTRANCES - SECTION 5
5.1.
Gate - every gate shall be at
least the same height as the
fence of which
it
is a
part,
be
supported
by
substantial
hinges
and
be
equipped
with
approved
self
closing
and
self-latching
hardware
installed
according
to
manufactures
instructions, and at the top of the gate on the swimming pool side of the gate.
5.2.
Gate lock - every gate and every enclosure shall be closed and locked at all times
except
when
the
owner
or
lessee
is
in
direct
control
and
supervision
of the
swimming pool.
ENFORCEMENT - SECTION 6
6.1.
The
enforcement
of
this
By-Law
shall
be
under
the
authority
of
the
Chief
Building Official of the Township of Georgian Bay. Any person found
to be
in
contravention of any portion of this By-Law is guilty of an offence and
is subject
to a penalty as prescribed in the Provincial Offences Act.
6.2.
If deemed
an
unsafe
situation
or an
emergency,
the Township may cause
the
swimming pool to be temporarily fenced or drained of all water until such time as
the required fence has been completed. The cosl of such work shall be borne by
the property owner and
collected
in
a
like manner as taxes
in accordance with
Section 427 of the Municipal Act.
PENALTIES-SECTION 7
7.1
Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction, is liable to a fine as provided for in Section 61 of the
Provincial Offences Act.
EFFECTIVE DATE - SECTION 8
w
8.1.
This By-Law shall come into force and take effect with the passing thereof.
8.2.
Should any section, subsection, clause or provision of (his By-law be declared by
a
Court
of competent jurisdiction
to
be
invalid,
the same
shall
not
affect
the
validity of this
By-law
as
a
whole
or
any
part
thereof,
other
than
the
Part
so
declared to be invalid.
RESCINDMENT OF PREVIOUS BY-LAW - SECTION 9
9.1
All
former By-laws pertaining to
(his matter,
in particular By-law No.
1993-104
are hereby rescinded as of the passage of this By-law.
READ a FIRST, SECOND and THIRD TIME this^ay of Apr'l
2007.
MAYOR
CLERK
SCHEDULE"A"
By-law 2007-29
SWIMMING POOL FENCE ENCLOSURES PERMIT FEES
TYPE OF POOL FEE
IN-GROUND POOL FENCE
$50.00 FLAT RATE
ABOVE GROUND POOL FENCE
$50.00 FLAT RATE
Schedule
B'
The Corporation of the
Township of Georgian Bay
APPLICATION FOR A
SWIMMING POOL PERMIT
99 Lone Pine Rd
Port Severn, Ontario
LOK
1 SO
Phono (800) 567-0187 or (705) 538-2337 ejl 1
Fax (705) 536-1850
e-mail buildinifitownshin.oeorni.inbay.on.ca
NOTE:
Please submit two copies of plans and details with your application
ALL MEASURMENTS TO BE IN METRIC OR IMPERIAL
Scope of Work:
u In Ground Pool
D Above Ground Pool
Estimated Value of Construction:
$.
]
On Ground Pool
]
Temporary/inflatable
OFFICE USE
Permit No1
Permit Fee:
Receipt No:
Payment Method:
Pool Description
(including size in metric)
Healer
V
or
N
Construction Address
Street numbers name
Zoning
Lot*
Plan?
Lo[ Frontage
Easements
Y
or
N
Septic System
Y
orN
Property Owner
Name
Address
City
Phone
(
)
Postal Code
Pool Contractor
Name
Address
City
Phone
(
)
Postal Code
Applicant
Name
Address
City
Phone
Postal Code
Tenant (if applicable)
" see item #1b, below
Name
Address
City
Phone
(
)
Postal Code
When Permit is Ready: U Plione or
Mail Permit
TO:
Owner
Q Contractor
11 Applicant
D Tennant
Tlse undersigned provides and consens to trie collection, use and disclosure of peisonal information Iw the purposes as set out in Swimming PkiI B/.law 2007-29
Personal infoimalion contained in tins 'orm is collected pursuant lo the Municipal Acl and will be used lo carry oul trie woito described on this application
The undesigned agrees lo caiiy oul the work in
dnce wilh £1 plans arid dccumeits which Icrm the basis el permit issuance, nnj comply yiith a'l Township By-laws and regulations, and o!ner applicable requirements
of the City/Town of.
do solemnly declare:
1.
a) THAT
I am the COWNER or the f AUTHORIZED AGENT OF THE OWNER named in the application for a swimming pool permit
or
b) THAT
I am the DTENANT of the above noted property and enclose owner's written authorization.
2.
THAT statements made herein are true and are made with full knowledge of circumstances relating to this application.
3.
THAT
I know of no reason why a permit should nol be granted to this application.
Applicant's Signature
Application Date
CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY
PART
1 PROVINCIAL OFFENCES ACT
By-Law No. 2007-29
ITEM
1
2
3
4
5
6
7
8
9
10
11
Column
I
Short Form Wording
Erect
pool,
no
swimming
pool
fence permit
Cause
pool
to
be
erected,
no
swimming pool fence permit
Excavate
for pool, no swimming
pool
fence permit
Cause water to be placed in pool,
fence not in accordance with by
law
Allow
water
to
be
placed
in
poo],
fence
not
in
accordance
with by-law
Allow
water
to
remain
in
pool,
fence not in accordance with by
law
Cause water to be placed in pool,
or discharged
into drain without
plumbing permit
Allow
water
to
be
placed
in
pool,
or
discharged
into
drain
without plumbing permit
Place water in pool, fence not
in
good condition
Cause water to be placed in pool,
fence not in good condition
Allow
water
to
remain
in
pool,
fence not in good condition
Column 2
Offence Creating Provision
Section 3.1
Section 3.1
Section 3.6
Section 3.9
Section 3.9
Section 3.9
Section 3.10
Section 3.10
Section 3.11
Section 3.11
Section 3.11
Column 3
Set Fine
$120.00
$120.00
5300.00
S300.00
$300.00
5300.00
5300.00
$300.00
S300.00
S300.00
5300.00
Note: The penalty provision(s) for the offences indicated above is Section 7.1
No. 2007-29,
a certified Copy of which has been filed.
of By-Law