This is the exact embedded text of the captured official document.
Snapshot bc7bdbee627e · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 22-055
BEING A BY-LAW TO REGULATE SWIMMING POOLS
WHEREAS the Corporation of the Town of Kirkland Lake deems it desirable to enact the
following By-law to require owners of private swimming pools to erect and maintain a
fence or guard system around private swimming pools; and for prescribing the height and
construction of such fence or guard system; and for prohibiting the placing of water in
private swimming pools unless the private swimming pool is protected by an approved
fence or guard system; and for requiring the production of plans and documentation
relating to the installation of a private swimming pool for the purpose of issuing a permit
certifying approval to install such private swimming pool; and to prohibit the installation of
private swimming pools without permit approval;
AND WHEREAS section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the municipality to regulate matters related to the health, safety and well-being
of the inhabitants of the municipality;
AND WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipal power shall be exercised by By-law;
AND WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to pass By-laws to provide for a system of permits in the
regulation of a matter;
AND WHEREAS section 425(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may pass By-laws providing that a person who contravenes
a By-law of a municipality is guilty of an offence;
AND WHEREAS section 445(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality that is satisfied that a contravention of a By-law has occurred,
the municipality may make an order requiring the person who contravened the By-law or
who caused or permitted the contravention or the owner or occupier of the land on which
the contravention occurred to do work to correct the contravention;
AND WHEREAS pursuant to Section 446(1) of the Municipal Act S.O. 2001, c.25, as
amended, a municipality may enact a bylaw to require that a matter of thing be done and
in default, the matter of thing may be done by the municipality at the person's expense
and further that the costs of doing so may be added to the tax rolls and collected in the
same manner as taxes;
AND WHEREAS pursuant to Section 391(1) of the Municipal Act, 2001, S.O. 2001, c.25,
as amended, a municipality may impose fees or charges on persons for services or
activities provided or done by or on behalf of it;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION
OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
BY-LAW TABLE OF CONTENTS
Part 1 - General Provisions
Section 1.1: Short Title ....................................................................................... 2
Section 1.2: Scope ............................................................................................. 2
Section 1.3: Enforcement ................................................................................... 2
Section 1.4: Conflicts with other By-laws ............................................................ 3
Section 1.5: Existing Swimming Pools ................................................................ 3
Part 2 - Definitions ..............................................................................3-5
Part 3 - Regulations
Section 3.1: Permits and Approvals .................................................................... 5
Section 3.2: Location .......................................................................................... 5
Section 3.3: Fences and Guards ........................................................................ 5
Section 3.4: Removal of Swimming Pools .......................................................... 6
Section 3.5: Hot Tubs, Whirlpools, Hydro Massage Pools, and Spas ................. 6
Part 4 - Administration and Enforcement
Section 4.1: Obstruction ..................................................................................... 6
Section 4.2: Powers of Entry .............................................................................. 7
Section 4.3: Informal Notice ............................................................................... 7
Section 4.4: Formal Notice & Order .................................................................... 7
Section 4.5: Failure to Comply with an Order ..................................................... 8
Section 4.6: Certificate of Compliance ................................................................ 8
Section 4.7: Fees ............................................................................................... 8
Section 4.8: Cost Recovery ................................................................................ 9
Part 5 - Enactment
Section 5.1: By-law Coming into Force ............................................................... 9
Section 5.2: Repeal ............................................................................................ 9
Schedules
Schedule "A": Visual Guide to Pools Regulated by this By-law ........................ 11
PART 1 - GENERAL PROVISIONS
1.1
Short Title
This By-law shall be cited as the "Pool By-law".
1.2
Scope
The provisions of this By-law shall apply to all property within the geographic limits of the
Town, except where otherwise provided. All private swimming pools that are capable of
containing a water depth of 762 mm (30 in), and are of a permanent or seasonal
installation shall be regulated by this By-law.
1.3
Enforcement
This By-law shall be enforced by a Property Standards Officer, Municipal By-law
Enforcement Officer, or an individual designated by the Chief Administrative Officer for
the purpose of enforcing this By-law.
1.4
Conflicts with other By-laws
Where provisions of the By-law conflict with a provision of another By-law in force in the
Town, the provisions that establish the higher standard in terms of protecting the health,
safety and welfare of the general public and the environmental well-being of the
municipality, shall prevail to the extent of the conflict.
1.5
Existing Swimming Pools
Private swimming pools installed prior to the passing of this By-law shall be granted legal
non-complying status and are considered in compliance with this By-law unless
considered unsafe by the Officer.
PART 2 - DEFINITIONS
Definitions of words and phrases used in this By-law that are not included in the list of
definitions in this Part shall have the meanings which are commonly assigned to them in
the context in which they are used in this By-law.
The words and phrases defined in this section have the following meaning for the
purposes of this By-law:
2.1
Building Division
Shall mean the Town of Kirkland Lake's Development Services Department - Building
Division.
2.2
Building Inspector
Shall mean the person appointed by Council to such position pursuant to the Building
Code Act.
2.3
Chief Building Official
Shall mean the person appointed by Council to such position pursuant to the Building
Code Act.
2.4
Exterior Side Yard
Shall mean a yard of a corner lot which extends from the front yard to the rear yard
between the exterior lot and the nearest main wall of any building or structure.
2.5
Fence
Shall mean any freestanding structure, wall or barrier other than a building, erected at
grade for the purpose of delineating the boundaries of a property, restricting ingress to or
egress from a property, providing security or protection to property, and does not include
a hedge.
2.6
Front Yard
Shall mean a yard extending across the full width of the lot between the front lot line and
the building line, as defined in the Zoning By-law.
2.7
Gate
Shall mean any swinging, sliding, or operable section of a barrier used for the purpose of
filling in or closing an access opening in a fence or guard.
2.8
Guard
Shall mean a protective barrier meant to prevent accidental falls. A guard shall be able to
withstand the weight of a falling person to prevent accidental access into a swimming
pool.
2.9
Height
Shall mean the distance measured vertically from grade to the top of the fence, guard, or
pool wall.
2.10 Interior Side Yard
Shall mean a yard extending from a front yard to a rear yard, between a side lot line and
a line drawn parallel thereto and through the nearest point of the building.
2.11 Officer
Shall mean a Property Standards Officer, By-law Enforcement Officer, or an individual
designated by the Chief Building Official or the Chief Administrative Officer for the
purpose of enforcing this By-law.
2.12 Owner
Shall mean and include:
(a) The registered owner of the property,
(b) The person for the time being managing or receiving the rent of the land or premises
in connection with which the word is used, whether on the person's own account or
as agent or trustee of any other person, or who would so receive the rent if such land
and premise were let, and
(c) A lessee or occupant of the property who, under the terms of a lease, is required to
repair and maintain the property in accordance with the standards for the
maintenance and occupancy of property.
2.13 Private Swimming Pool
Shall mean a structure, basin, chamber or tank capable of containing water and is
designed to be used for the purposes of swimming or wading. A private swimming pool
that is capable of containing a water depth of 762 mm (30 in), and is of a permanent or
seasonal installation shall be regulated by this By-law.
2.14 Rear Yard
Shall mean a yard extending across the full width of the lot between the rear lot line and
a line drawn parallel thereto and through the nearest point of the main building closest to
the rear lot line.
2.15 Secure Hot Tub
Shall mean a private outdoor hot tub, whirlpool, hydro massage pool, or spa with a rigid,
lockable, and tight fitting cover that will withstand the weight of a person without collapse
when secured closed.
2.15 Self-Closing Device
Shall mean a mechanical device or spring which returns the gate to its closed positon
within 30 seconds after it has been opened.
2.16 Self-Latching Device
Shall mean a mechanical device or latch which is engaged each time the gate is secured
to its closed position so as to not allow the gate to be re-opened by pushing or pulling
until unlatched either by lifting or turning the mechanical device.
2.17 Town
Shall mean the Corporation of the Town of Kirkland Lake.
PART 3 - REGULATIONS
3.1
Permits and Approvals
3.1.1. No person shall commence, or carry out the erection, construction or
placing or a private swimming pool without first obtaining a permit pursuant
to this By-law.
3.1.1.a.
In-ground swimming pools, and permanent above-ground
swimming pools require a permit pursuant to this By-law.
3.1.1.b.
Temporary and seasonal above-ground swimming pools
capable of containing a water depth of 762 mm (30 in) require
a permit pursuant to this By-law.
3.1.1.c.
Temporary inflatable pools, temporary and seasonal above-
ground pools, not capable of containing a water depth of 762
mm (30 in) do not require a permit under this By-law.
3.1.2. A swimming pool permit granted under this By-law shall be present on site
during the installation or construction process and shall be presented to a
Town employee upon request.
3.1.3. No permit shall be issued for the installation of a private swimming pool
unless a Fence or Guard meeting the requirements of this By-law is similarly
approved, or existing on site.
3.1.4. Seasonal above-ground swimming pools shall only require one permit for
their initial installation. Subsequent seasonal installations are considered
pre-approved, provided the seasonal installations continue to follow any
conditions or requirements stated in the permit approval.
3.1.5. All permit applications shall include the swimming pool application form, a
site plan, details of the fence or guard system, the permit fee as specified
in the User Fee By-law, and any additional information requested by the
Building Division.
3.2
Location
3.2.1. All swimming pools shall be clear of property lines, buildings, and other
structures by a minimum distance of 1.22 m (4 ft), or the property's zoning
setbacks as provided in the Zoning By-law, whichever is greater.
3.2.2. Notwithstanding subsection 3.2.1., swimming pools are permitted to be
within 1.22 m (4 ft) of decks provided that they are tight fitting to the deck,
and the gap between the edge of the deck and side of the swimming pool
is not greater than 100 mm (4 in).
3.3
Fences and Guards
3.3.1. The owner of a property containing a swimming pool regulated under this
By-law shall ensure that the swimming pool is protected by a fence or guard
meeting the requirements of this section at all times, whether or not the pool
is containing water.
3.3.2. The fence or guard system required by subsection 3.3.1. shall protect
against unauthorized entry to the area surrounding the pool.
3.3.3. No person shall construct a fence more than 1.22 m (4 ft) in height without
first obtaining a permit under the Fence By-law.
3.3.4. Fences and guards must maintain a minimum height of 1.22 m (4 ft) above
grade to be considered adequate protection for a swimming pool.
3.3.5. The side wall of an above-ground pool may serve as a guard provided that
there are no attachments, openings, or objects in the vicinity, such as a
ladder or pump that could facilitate the climbing of the exterior wall while the
pool is not in use or is without supervision.
3.3.6. The wall of a building may constitute part of a fence system provided all
doors and windows in the wall are equipped with locking or latching devices.
3.3.7. Fences and guards shall not contain openings larger than 100 mm (4 in)
measured in any direction. Gates in fences and guards shall be considered
part of the fence or guard and subject to the same requirements for
permitted openings.
3.3.8. Gates in fences and guards shall be installed with a self-closing device, and
a self-latching device.
3.3.9. Gates in fences shall be installed in a manner to prevent unauthorized entry
to the swimming pool area.
3.4
Removal of Swimming Pool
3.4.1. Swimming pools regulated under this By-law do not require the issuance of
a permit for removal.
3.4.2. Owners shall notify the Building Division following the removal of an in-
ground swimming pool, or a permanent above-ground swimming pool.
3.4.3. Owners are not required to notify the Building Division of the seasonal
removal of a seasonal above-ground swimming pool regulated by this By-
law. Owners shall notify the Building Division when the seasonal above-
ground pool regulated by this By-law is removed and will not be re-installed
in the future.
3.5
Hot Tubs, Whirlpools, Hydro Massage Pools, and Spas
3.5.1. The provisions of section 3.3 do not apply to hot tubs, whirlpools, hydro
massage pools, or spas.
3.5.2. The owner of a hot tub, whirlpool, hydro massage pool, or spa shall ensure a
secure cover of rigid material is locked in place over the water opening any
time the unit is not in use.
3.5.3. The rigid cover referenced in 3.5.2. shall be tight fitting and capable of
withstanding the weight of a person without collapse.
PART 4 - ADMINISTRATION AND ENFORCEMENT
4.1
Obstruction
4.1.1. No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer
in the lawful exercise of a power or the performance of a duty under this By-
law.
4.1.2. Any person who is alleged to have contravened any provision of this By-law
shall identify themselves to the Officer upon request. Any failure to do so
shall be deemed to be an obstruction or hindrance to the Officer in the
execution of the Officer's duties.
4.2
Powers of Entry
4.2.1. An Officer or any person under their instruction may, upon producing proper
identification, enter upon a property at any reasonable time without a warrant
for the purpose of inspecting to determine:
a) whether the property conforms to the standards prescribed in this By-law.
b) whether an Order made under this By-law has been complied with.
4.2.2. For the of an inspection under this By-law an Officer may:
a) require the production for inspection of documents or things, including
drawings or specifications, that may be relevant to the property or any part
thereof;
b) inspect and remove documents or things relevant to the property or part
thereof for the purpose of making copies or extracts;
c) require information from any person concerning a matter related to a
property or part thereof;
d) be accompanied by a person who has special or expert knowledge in
relation to a property or a part thereof;
e) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take photographs necessary for the
purposes of the inspection.
4.3
Informal Notice
4.3.1. An Officer who finds that a property does not conform with any of the
standards prescribed in this By-law may issue an informal notice to the
owner of the property:
a) stating the municipal address or legal description of the property
containing the non-conformity;
b) giving reasonable particulars to the corrective steps that need to be made;
c) indicating the time for complying with the notice, and giving notice that if
not complied with and Order may be issued.
4.3.2. An informal notice may be served in-person, by registered mail to the last
known mailing address of the owner, or by email to the last known address
of the owner.
4.4
Formal Notice & Order
4.4.1. An Officer who finds that an informal notice has not been complied with may
issue a formal notice and/or an Order requiring the person who contravened
this By-law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred to do work to
correct the contravention.
4.4.2. An Officer who finds that a property does not comply with any of the
standard prescribed in this By-law may, without first issuing an informal
notice, issue a formal notice and/or an Order requiring the person who
contravened this By-law or who caused or permitted the contravention or
the owner or occupier of the land on which the contravention occurred to do
work to correct the contravention.
4.4.3. The formal letter and/or Order shall contain:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
b) the work to be done and the date by which the work must be done.
4.4.4. An Order shall be served on the appropriate person(s) of subsection 4.4.1.
and 4.4.2., as an Officer determines, and a copy of the Order may be posted
on the property in a location visible to the public.
4.4.5. An Order may be served personally, by email to the last known email
address of the person to whom service is requiring to be made, or by
registered mail sent to the last known address of the person to whom the
notice is given or to that person's agent for service.
4.4.6. If a notice or Order is served by registered mail, the service shall be deemed
to have been made on the fifth (5th) day after the mailing unless the person
to whom the notice or order is given or that person's agent for service
establishes that, acting in good faith, through absence, accident, illness or
other unintentional cause the notice was not received until a later date.
4.4.7. If a notice or Order is served by email, the service is deemed to have been
made on the day of sending unless,
a) the document was sent after 5 p.m., in which case service shall be
deemed to have been made on the following day; or
b) the person to whom the notice or order is given or that person's agent for
service establishes that, acting in good faith, through absence, accident,
illness or other unintentional cause, the notice was not received until a later
date.
4.4.8. An Order may be registered in the proper land registry office, and upon such
registration, any person acquiring any interest in the land subsequent to the
registration of the Order shall be deemed to have been served with the
Order on the day on which the Order was served under section 4.4.1. &
4.4.2. of this By-law and, when the requirements of the Order have been
satisfied, a certificate of compliance shall be registered forthwith, which
shall operate as a discharge of the Order.
4.5
Failure to Comply with an Order
4.5.1. If an Order is not complied as determined by an Officer, the Town may
direct or cause the contravention specified in the Order to be corrected, in
accordance with section 446 of the Municipal Act, 2001, S.O. 2001, c.25.
4.6
Certificate of Compliance
4.6.1. An Officer who inspects a property and is of the opinion that the property
is in compliance with the standards established by this By-law may issue a
certificate of compliance to the owner.
4.6.2. Where an owner requests a certificate of compliance and where, having
inspected the property, an Officer is of the opinion that the property is in
compliance with the standards established by this By-law, the Officer shall
issue a certificate to the owner.
4.7
Offences
4.7.1. A person who contravenes any of the provisions of this By-law is guilty of
an offence, and upon conviction, is liable to a dine in accordance with the
provisions of the Provincial Offences Act and to any other applicable
penalty.
4.7.2. If a provision of this By-law is contravened and a conviction is entered, in
addition to any other remedy and to any penalty imposed by this By-law,
the court in which the conviction is entered, and any court of competent
jurisdiction thereafter, may make an Order prohibiting the continuation or
repetition of the offence by the person convicted.
4.8
Fees
4.8.1. Every owner shall pay the fees imposed pursuant to the Town's User Fees
By-law which become due and payable upon written notification by an
Officer or upon issuance of an invoice by the Town.
4.8.2. Where an owner is in default of payment of fees for more than thirty (30)
calendar days after due, the Town may add the cost to the tax roll of the
subject property and collect the amount in the same manner as property
taxes.
4.9
Cost Recovery
4.9.1. Where the Town does work or causes work to be done such work shall be
done at the expense of the owner.
4.9.2. If the Town undertakes the work to correct the contraventions, the owner
will be charged one-hundred percent of the cost of any third party invoice
plus any costs incurred by the Town.
4.9.3. If the owner fails to pay the cost of the work completed under this By-law
within thirty (30) days of the work being completed, the amount shall be
added to the tax roll of the subject property and collected in the same
manner as municipal taxes.
PART 5 - ENACTMENT
5.1
By-law Coming into Force
5.1.1. This By-law shall come into force and effect upon passing.
5.2
Repeal
5.2.1. Town of Kirkland Lake By-law 07-048 is hereby repealed upon the
enactment of this By-law.
SCHEDULES
Schedule "A"
Visual Guide to Swimming Pools Regulated by the Swimming
Pool By-law
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12th DAY
OF JULY, 2022.
Pat Kiely, Mayor
Jennifer Montreuil, Municipal Clerk
SCHEDULE 'A' to BY-LAW 22-055
Visual Guide to Swimming Pools Regulated by the Pool By-law
In the event of a conflict between this visual guide, and the pool by-law, the provisions of the pool by-
law shall prevail.
Swimming Pools Regulated by the Pool By-law
Permanent In-Ground
Swimming Pools
Permanent Above-Ground
Swimming Pools
Seasonal Above-Ground
Swimming Pools Capable of
Containing a Water Depth of
762 mm (30 in)
Swimming Pools Not Regulated by the Pool By-law
Seasonal Above-Ground
Swimming Pools Not Capable
of Containing a Water Depth of
762 mm (30 in)
Temporary Inflatable
Swimming Pools