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Corporation of the Town of Ingersoll
By-Law No. 07- 4375
Being a By-Law to provide owners of privately- owned
outdoor swimming pools to erect and maintain fences and gates around
such swimming pools.
WHEREAS pursuant Section 15 (4) of the Municipal Act, S. O. 2001, c.25, as amended
provides for the municipality to pass a by-law with respect to fences and signs
AND WHEREAS, Council of the Town of Ingersoll provided for an application form
and applicable permit fee to erect or replace a swimming pool fence in accordance with
By-Law No. 05-4245;
AND WHEREAS it is expedient to provide for the erection and maintenance of fences
and gates around swimming pool(s);
THERFORE the Municipal Council of The Corporation of the Town of Ingersoll enacts
as follows;
Short Title
SWIMMING POOL FENCE BY-LAW
Part 1
DEFINITIONS
1.1 Definitions
In this by-law:
Chief Building Official, Building inspector - shall mean the person appointed by the
Town Council to such positions pursuant to the Building Code Act.
Gate- shall mean 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 which forms part
of swimming pool fence.
Hydro Massage Pool-shall include those pools commonly referred to as hot tub, whirl
pool, a Jacuzzi or a spa.
Lock - shall mean a device used to fasten shut a gate.
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.
By-Law No. 07-4375
Page 2
Self -closing device- shall mean a mechanical device or spring which returns a
swimming pool fence gate to its closed position.
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 and prevents the gate
from opening when pushed on or pulled.
Swimming pool- shall mean any body of water, located on private property and having a
depth of 60 centimetres (24 inches) at any point and is designed to be used for swimming
or wading. Swimming Pool, excludes hydro massage pools, storm water management
ponds, any pond or reservoir used for farming purposes and ponds or reservoir located on
government or local board or commissions under any statute or by-law.
Part 2
GENERAL PROVISIONS
2.1 Administration- This by-law shall be administered by the Chief Building Official or
persons designated by the Chief Building Official for the Corporation of The Town of
Ingersoll..
2.2 Application of by-law- on or after August 14, 2007.
This by-law shall apply to all swimming pools fences constructed or replaced in the
Town of Ingersoll on or after August 14, 2007.
2.3 Existing swimming pool fences-constructed.
The provisions of this by-law shall not prevent the use of an existing swimming pool
fence if such swimming pool fence was constructed and has enclosed a swimming pool
from the date of its construction on or before August 13, 2007, and was built in
accordance with the regulations of the by-law existing prior to August 13, 2007.
Part 3
PROHIBITION
3.1 No construction - without permit
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.
3.2 Swimming pool- not enclosed by fence
No person shall construct or cause to be constructed a swimming pool which is not
completely enclosed by a swimming pool fence, in accordance with this by-law.
By-Law No. 07-4375
Page 3
Part 4
APPLICATION FOR SWIMMING POOL FENCES
4.1 Application
An application and fees for a permit to erect a new swimming pool fence or for the
replacement of an existing swimming pool fence shall be made in accordance with
Construction By-Law 05-4245 on such forms as prescribed.
Part 5
SWIMMING POOL FENCE REGULATIONS
5.1 Height- minimum requirements.
Every swimming pool shall be enclosed by a swimming pool fence which shall extend
from the ground to a height of not less than 153 centimeters (60 inches).
5.2 Openings- maximum diameter - exceptions - conditional
Every swimming pool fence referred to in section 5.1 of this by-law shall not have any
opening that would allow the passage of a spherical object having a diameter greater than
3.8 centimeters (1.5 inches). For other than chain link fences, where the vertical distance
between each horizontal rail measured from 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 centimetres (1.5
inches) but not greater than that which would allow the passage of a spherical object
having a diameter of 10 centimetres (4 inches).
5.3 Ground clearance- maximum
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 5 centimeters (2 inches).
5.4 Height- measured -from ground level.
The height of the swimming pool fence shall be measured from the ground level on the
outside of the enclosure.
5.5 Gate- self-closing- self latching -locking device.
Every gate on a swimming pool fence shall be equipped with a self -closing device , self
latching device and must be locked at all times except when the area is occupied by the
owner or authorized agent.
5.6 Construction
Every swimming pool shall be enclosed by a swimming pool fence which is of sturdy
construction, capable of preventing unauthorized entry. An adequate enclosure must be
designed and approved by the Building Official or designated of the Town of Ingersoll.
By-Law No. 07-4375
Page 4
Part 6
ENFORCEMENT
6.1 Fine-for contravention
Any person who contravenes any portion 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 Continuation-repetition-prohibited-by order
The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition 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 Default- not remedied-done at owner's expense
Where anything required to be done in accordance with this by-law is not done, the
Chief Building Official or persons designated by the Chief Building Official for the
Corporation of the Town of Ingersoll appointed pursuant to the Building Code Act may,
upon such notice as deemed suitable, do such thing at the expense of the person required
to do it and, in doing, may charge an administrative fee up to 10% of such expense; and
both the expense and the fee may be recovered by action or in like manner as municipal
taxes.
Part 7
REPEAL- ENACTMENT
7.1 By-Law -previous
Any by-law inconsistent with this By-law is hereby repealed in its entirety.
7.2 Effective- date
This by-law comes into force on August 14, 2007.
READ a first and second time in open Council this 13th day of August, 2007.
READ a third time and passed in Open Council this 13th day of August, 2007.
_________________________________
Paul Holbrough, Mayor
_________________________________
Elaine Clark, Clerk Deputy-Administrator