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The Corporation of the Township of Huron-Kinloss
Huron· Kinloss
BY-LAW
2000-55
SWIMMING POOL FENCE BY-LAW
WHEREAS pursuant to Paragraph 30 of Section 210 of the Municipal Act, R.s.a.
1990, c. M.45, as amended, a by-law may be passed to issue permits for
swimming pool fences and to prescribe safety standards for privately owned
outdoor swimming pools;
AND WHEREAS Section 220.1 of the Municipal Act, 1990, c. M.45, as amended
by Section 10 of Schedule M of the Savings and Restructuring Act, 1996
provides that the Council may by by-law impose fees for services and activities
provided or done by or on behalf of The Corporation of the Township of Huron-
Kinloss;
NOW THEREFORE the Council for the Corporation of the Township of Huron-
Kinloss HEREBY ENACTS AS FOLLOWS:
PART 1 - DEFINITIONS
1.0
In this By-Law
1.1
Chief Building Official - means the Chief Building Official appointed by
Council under section 3 of the Building Code Act, 1992.
1.2
Gate - means any part of a swimming pool fence, which opens on hinges
and includes a door located in the wall of an attached or detached garage
or carport that forms part of the swimming pool fence.
1.3
Hydro Massage Pool - shall include those pools commonly referred to as
a hot tub, a whirlpool, a Jacuzzi or a spa.
1.4
Maintain - shall mean to carry out repairs of any part or parts of a
swimming pool fence so that it can properly perform the intended function.
1.5
Replacement - shall mean the construction of a swimming pool fence that
takes the place of a swimming pool fence previously constructed.
1.6
Self-closing device - shall mean a mechanical device or spring that
returns a swimming pool fence gate to its closed position within 30
seconds after it has been opened.
1.7
Self-latching device - shall mean a mechanical device or latch which is
engaged each time the swimming pool fence gate is secured to its closed
position; which will not allow the swimming pool fence gate to be re-
opened by pushing or pulling, and which will ensure the swimming pool
fence gate remains closed until unlatched by either lifting or turning the
device itself directly or by key.
Swimming Pool Fences
Page 2
1.8
Swimming pool - shall mean a structure, basin, chamber or tank
containing or capable of containing water, and is designed to be used for
swimming or wadding, and
a)
Has a depth of 90 cm (36 inches) or more at any point; and
b)
Has a surface area of more than 1 square metre (10.8
square feet); and
c)
Is not under the jurisdiction of the Building Code; and
d)
Is not completely inside a building; and
e)
Is not owned by government or a local board or commission
constituted under any statute or by-law; and
f)
Is not a pond or reservoir to be utilized for farming purposes
or as an architectural feature; and
g)
Excludes hydro massage pools; and
h)
Excludes storm water management ponds.
1.9
Swimming pool fence - shall mean a wall, a structure or a building that
encloses a swimming pool.
1.10
Township - means The Corporation of the Township of Huron-Kinloss.
2.0
GENERAL PROVISIONS
2.1
This by-law shall be administered by the Chief Building Official.
2.2
This by-law shall apply to all swimming pool fences constructed or
replaced in the township on or after July 17~ 2000.
2.3
The provisions of this by-law shall not prevent the use of an existing
swimming pool fence if such swimming pool fence was constructed an has
enclosed a swimming pool from the date of its construction on or before
July 17'" 2000, and was built in accordance with the regulations of the by-
law existing prior to July 17th 2000.
2.4
Where any swimming pool fence was constructed to enclose a swimmin~
pool in accordance with the regulations that existed on or before July 17
2000, the swimming pool fence may be maintained in accordance with
such regulations.
2.5
At such time as an entire existing swimming pool fence is replaced the
replacement swimming pool fence shall be constructed in accordance with
this by-law.
2.6
When a swimming pool fence is constructed so that it functions as a
boundary fence between two or more adjacent properties, in addition to its
function as a swimming pool fence, the provisions of this by-law prevail
over any other Township by-law that regulates fences.
3.0
PROHIBITIONS
3.1
No person shall construct or cause to be constructed a swimming pool
that is not completely enclosed by a swimming pool fence, in accordance
with this by-law.
3.2
No person shall construct or cause to be constructed a swimming pool
without having first obtained a swimming pool fence permit from the Chief
Building Official.
3.3
No person shall fail to enclose a swimming pool with temporary fencing
during construction.
Swimming Pool Fences
Page 3
3.4
No person shall construct or cause to be constructed a swimming pool
with a swimming pool fence that does not conform to the requirements of
this by-law.
3.5
No person shall fail to equip a swimming pool fence gate with a self-
dosing device and a self-latching device.
3.6
If a sliding door located in the wall of a residence that forms part of a
swimming pool fence it is exempt from the requirements of 3.5 provided
entry into the residence is deterred.
3.7
No person shall construct or maintain a swimming pool fence gate with an
outside opening self-latching device less than 122 centimetres (48 inches)
above ground level.
3.8
No person shall place or store materials against the outside of a swimming
pool fence.
3.9
No person shall replace a swimming pool fence without first having
obtained a permit from the Chief Building Official.
3.10
No person shall fail to maintain a swimming pool fence in accordance with
this by-law.
4.0
APPLICATION FOR PERMIT
4.1
An application for a permit to erect a new swimming pool fence or for the
replacement of an existing swimming pool fence shall be made by the
owner or his or her agent, in writing to the Chief Building Official on such
forms as may be prescribed.
4.2
All such applications shall be accompanied by the following:
a)
Plans showing the location of the proposed swimming pool
including all endosing swimming pool fences, together with full
details of each entrance and showing the location of all proposed
swimming pool equipment such as filters, slides and heaters.
b)
The applicable fees as established by the Township's consolidated
fee by-law, as amended from time to time.
4.3
The Chief Building Official Shall issue a permit for a swimming pool fence
where the plans submitted appear to comply with all applicable regulations
and the requirements of the by-law have been met.
5.0
SWIMMING POOL FENCE REGULATIONS
5.1
Every swimming pool shall be enclosed by a swimming pool fence that
shall extend from the ground to a height of not less than 153 centimetres
(60 inches).
5.2
Except as provided in section 5.3 of this by-law, every swimming pool
fence referred to in section 5.1 of this by-law shall not have any openings
that would allow the passage of a spherical object having a diameter
greater than 3.8 centimetres (1.5 inches).
5.3
For other than chain link fences, where the vertical distance between each
horizontal rail measured from the top of each rail is 1.2 metres (4 feet) or
greater, the openings in the fence are permitted to be greater than 3.8 cm
(1.5 inches) but not greater than that which would allow the passage of a
spherical object having a diameter of 10 cm (4 inches).
Swimming Pool Fences
Page 4
5.4
Every swimming pool shall be enclosed by a swimming pool fence which
has a clearance from the ground to the under side of the swimming pool
fence that would prevent the passage of a spherical object having a
diameter of 10 cm (4 inches)
5.5
Every swimming pool shall be enclosed by a swimming pool fence which
has all its horizontal structural members located inside the enclosure to
prevent easy climbing unless the swimming pool fence has no openings
greater than 3.8 cm (1.5 inches) and the horizontal members are at least
0.6 metres (2 feet) apart.
5.6
Every swimming pool shall be enclosed by a swimming pool fence that is
of sturdy construction, capable of preventing unauthorized entry.
5.7
The height of the swimming pool fence shall be measured from ground
level on the outside of the enclosure.
5.8
Every gate on a swimming pool fence shall be equipped with a self-closing
and self-latching device.
5.9
A self-latching device that can be opened without a key from the outside
shall not be less than 122 cm (48 inches) above ground level.
5.10
During all phases of construction temporary fencing shall be place such
that unauthorized access is prevented.
6.0
ENFORCEMENT
6.1
Any person who contravenes any provision of this by-law is, upon
conviction, guilty of an offence and is liable to any penalty as provided in
the Provincial Offences Act.
6.2
The court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order prohibiting the
continuation of the offence by the person convicted, and such order shall
be in addition to any other penalty imposed on the person convicted.
6.3
Where anything required to be done in accordance with this by-law is not
done, the Chief Building Official for The Corporation of the TownShip of
Huron-Kinloss appOinted pursuant to the Building Code Act may, upon
such notice as he deems suitable, do such things at the expense of the
person required to do it and such expense may be recovered by action or
in like manner as municipal taxes.
7.0
ENACTMENT
7.1
This by-law comes into force on upon its final passage.
7.2
This By-Law may be cited as the "Swimming Pool Fences By-Law".
READ a FtRST, SECOND and THtRD TtME and FINALLY PASSED this
17th day of July, 2000.
t:epuly, Clerk