By-law 2008-36 - Pool Enclosures — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 20b7c4b453e6 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1. ## BY-LAW NO. 2008-36 OF THE TOWNSHIP OF LAKE OF BAYS ## Being a By-law to Regulate Pool Enclosures within the Township of Lake of Bays WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, (the Municipal Act) authorizes a Municipality to pass By-laws respecting fences; AND WHEREAS section 8(3) of the Municipal Act authorizes a Municipality te regulate or prohibit matters pertaining to fences and as a part of that power, to provide for a system of approvals and to impose conditions as requirements o obtaining, continuing to hold or renewing the approval; AND WHEREAS section 446 of the Municipal Act authorizes a Municipality to direc a matter or thing to be done under a By-law to be done at the person's expense should the person fail to do so, and to recover the costs of doing the thing or matter by action or by adding the costs to the tax roll and collecting them in the same matter as taxes; NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS: ## PART 1 ## DEFINITIONS AND INTERPRETATION ## in this By-law: - (a) "Chief Building Official" means the Chief Building Official of the Township, or any successor to that position, or that person's designate(s); - (b) "Council" shall mean the Council of the Corporation of the Township of Lake of Bays - (c) effective ground level" at any location means the highest level of th round within 4 feet measured horizontally in any direction from the location under consideration; - (d) "hot tub" means a hot tub, Jacuzzi, whirlpool, or spa; - (e) "Inflatable pool" means a pool, consisting of an air supported structure which contains or is capable of containing water with a depth in excess of 2 feet at any point; - "owner" of a property includes the registered owner of the property, whether an individual, firm or corporation and any lessee, tenant, mortgagee in possession, or person occupying or in charge of the property; - (9) "pera," or pool anclosure permit means a permit issued under this - (h) "pool" means any body of water, which is: - i. located outdoors on private property; - ili. capable of holding water in excess of 2 feet in depth at any point, - il. wholly or partially contained by artificial means, and and includes a hot tub or pond used for landscaping meeting the above (siteria, but for purposes of this By-law does not include any pool which - 1. a pond or reservoir to be utilized for farming purposes or as part of a golf course, 2. a pool owned by any public or governmental body gency or authority, o 3. an existing natural body of water or stream; - 4. - (h) pool enclosure" means a fence, wall or other structure, c ombination thereof, including any door or gate, surrounding a po and restricting access thereto; - (i) "self-closing device" means a mechanical device or spring which returs a pool enclosure gate to its closed position within 30 seconds after it has been released; - () "self-latching device" means a mechanical device or latch which is engaged each time the gate is allowed to return to its closed position; which will not allow the gate to be re-opened by pushing or pulling; and which will ensure the pool enclosure gate remains closed until unlatched by either lifting or turning the device itself directly or by a key; - (k) "temporary pool" means an inflatable pool or other pool which is designed to be removed periodically on a seasonal or more frequent temporary basis; and - (1) "Township" means the Township of Lake of Bays, or the territory within its jurisdiction as the context may require. ## PART 2 ## GENERAL PROVISIONS ## Administration - Chief Building Official 2. This By-law shall be administered by the Chief Building Official Council hereby delegates to the Chief Building Official all of those powers necessary to fully administer and enforce this by-law, except for the legislative decision as to when to enforce this By-law. The delegated powers may be withdrawn at any time. ## Application of By-Law 3. Subject to Section 6, this By-law shall apply to all pool enclosure constructed, existing or replaced, within the Township 4. No conflict exists between the provisions of this By-law and the provisions of any other By-law or approval, if it is possible to comply with both By-laws, by choosing an alternate type, design, or location for a pool enclosure or poo 5. Nothing in this By-law permits the location of a pool, deck, platform or other structure in a location, which is not permitted under the Township's Development Permit By-law and or Zoning By-law. ## Existing Pool Enclosures 6. The provisions of this By-law shall not prevent the use of an existing pool enclosure, if that pool enclosure was constructed prior to the effective date of  - 9. 10. with this By-law. 11. No person shall construct or cause to be constructed any pool enclosure, which does not conform to the requirements of the By-law, or permit such nonconforming pool enclosure to continue to enclose a pool. 12. No ero are a pod i de cause pole or grier ease or - (a) hopesure, ended y epolenius at an 2 of terrary pod - ) if the poot is a newly constructed pool, the Chief Building Official ha een notified and the pool enclosure has been inspected and approve in writing by the Township. 13. No person shall remove any part of a pool enclosure if the pool contains water to a depth of 24 inches or more. 14. No person shall alter or replace a pool enclosure without having first obtained a permit from the Chief Building Official. 15. No owner shall fail to ensure that: - (a) All By forming part of the pool enclosure met the standards of - (b) all entranceways to a pool enclosure, through a wall of a mai uilding, meet the standards of the by-law - (c) all gates forming part of a pool enclosure a locked when the area is not in active use; this By-law, in accordance with the regulations of By-law 92-40 and has been maintained continuously in accordance with those regulations. 7. At such time as an existing pool enclosure is replaced or altered, the replacement or altered poo! enclosure shall be constructed in accordance with this By-law. 8. Where an existing pool enclosure has enclosed a pool in accordance with the regulations that existed prior to the effective date of this By-law, and has been maintained continuously in accordance with those regulations, and that pool enclosure also marks the boundary between abutting properties, the shared portion of the pool enclosure between the abutting properties may form part of a new pool enclosure for a pool on the abutting property which shall be deemed to be in conformity with this By-law. All portions of the new pool enclosures that enclose the newly constructed pool shall meet the standards set out in this By-law.  ## PROHIBITIONS 16. 17. 18. 19. 20. - (d) the lockable lid of any hot tub is closed and locked when is not in active use unless the hot tub is within a locked pool enclosure meeting the requirements of the By-law. No person shall place, pile, attach or lean any object or material against or No person shall erect a fence adjacent to an existing pool enclosure that does not comply with the requirements of this By-law. ## PART 4 ## APPLICATION FOR PERMITS Every application for a pool enclosure permit shall be in a form specified by the Chief Building Official and accompanied by: - (a) 2 sets of plans showing the location of the pool, all proposed pool equipment (such as filters, slides and heaters) and proposed landscape features in relation to property lines, buildings (including decks and sheds), and any easements; - (b) complete details of the proposed pool enclosure, including the locations and type of proposed fence and gate; and - (c) the permit fee(s) specified in the Township's User Fee By-Law; - (d) details of the proposed access route for construction of the pool from any public highway to the proposed pool location; - (e) written irrevocable consent for the Chief Building Official to enter the property and inspect the progress of construction at any time until the enclosure is complete and approved. This right to enter is in addition to those rights set out in the Municipal Act, 2001. The Chief Building Official shall issue a permit for a pool enclosure where the application submitted appears to comply with the requirements of this By-law and all applicable regulations and By-laws and approvals. ## PART 5 ## STANDARDS FOR POOL ENCLOSURES Every pool enclosure shall satisfy the following standards: - (a) Height: The pool enclosure shall extend from the ground to a height of not less than 4 feet above the effective ground level. Height shall be measured from the effective ground lavel on the outside (not the pool side) of the pool enclosure; - (b) Opening and Materials: - i. except as provided in (i) and (iii), the pool enclosure shall not have any openings that would allow the passage of a spherical object having a diameter greater than 1.5 inches; - ii. for pool enclosures which is not chain link fences or wood lattice, where the pool enclosure is at least 5 feet in height and the vertical distance between each horizontal rail, measured from the top of each rail is at least 4 feet, the openings in the pool enclosures are permitted to be greater than 1.5 inches but not greater than that which would allon the passage of a spherical object having a diameter of 4 inches; or - ili. Tor a pool enclosure which is a chain link fence, if the pool enclosure is a least 6 feet in height, the openings in the pool enclosure are permitted to be greater than 1.5 inches but not greater than that which would allow the passage of a spherical object having a diameter of 2 inches; 2. iv: for a pool enclosure which is comprised of wood lattice, the wood shall be at least 0.5 inches in thickness, with openings of less than 1.5 inches; 3. (c) Horizontal Louvers: Where a pool enclosure is constructed with horizontal louvers. - i. the louvers must not have a separation exceeding 1 inch measured at right angles to the two surfaces, - ii. shall be set at an angle of not less than forty-five degrees to the horizontal; and 6. ilL. shall slope upward toward the inside (pool side) of the enclosure; 7. (d) Ground Clearance: The space at any point from the ground to the underside of the pool enclosure must not exceed 2 inches and the ground beneath the enclosure cannot be of loose gravel or other material which can be easily removed so as to afford access under the pool enclosure. 8. (e) Framing and Braces: All horizontal structural members must be located inside (pool side) of the pool enclosure to prevent easy climbing; and - (1) Location: subject to Section 20(g), the poot enclosure shall be located: - i. not less than 2 feet from any enclosure situated outside the pool enclosure that does not meet the requirements of this. By-law; and - ii. for a pool other than hot-tubs, on level surface being not less than 3 feet from the water's edge of the pool, provided, if the wall of a building is used as part of the pool enclosure, the wall of the building shall be at least 4 feet rom the water's edge of the pool; and 12. iit. for hot tubs, not less than 3 feet from the hot tub, provided if the wall of a building is used as part of the pool enclosure, the hot tub may be placed against the wall. 13. (g) Location (access points): Any gate or entranceway forming par of a pool enclosure shall be at least 5 feet from the water's edge o the pool. 14. (h) Above Ground Pools: An above ground pools having a minimum wall height of 1.2m (4) above ground, no horizontal or diagonal members to facilitate climbing, and a removable ladder will not require a pool enclosure. ## GATES AND OTHER ACCESS POINTS ## Gates: 21. Every gate forming part of a pool enclosure must be: - a. constructed in accordance with the standards prescribed in Section 20 of this By-law; 3. supported on substantial hinges; capable of supporting 200 Ibs. in body weight; - C. equipped with a self-closing device; - d. equipped with a self-latching device that is a least 4 feet above the ground; - e. equipped with a lock, and - f. have no member on the exterior face of the gate that would facilitate climbing of the gate. 22. If the gate to the poo! enclosure is a double gate access, made up of two gates at the same location: - a. one of the two gates shall have a self-closing device and self-latching 10. device, and - b. the other gate of this double gate access, without a self-closing device and a self-latching device, shall have a device permanently affixed to 23. When a wall or portion thereof; of any building located on the same property as the pool, forms part of the pool enclosure; no entrance to the enclosed pool area is permitted through such wall, unless: - a. the entranceway is equipped with doors which are equipped with a bolt or a chain latch at a minimum height of 4 feet above the inside floor level; - b. the care, control and maintenance of any such entranceway and safety latch described in Clause (a) of this section, are provided by the owner; - c. the entranceway is located no closer than 4 feet from the edge of the water contained in the swimming pool and containing no stairs or steps within 4 feet from the edge of the water. ## ·TEMPORARY FENCE DURING CONSTRUCTION 24. he owner shall ensure that temporary fencing, meeting the requirements is Section, is in place during all phases of construction of the pool, such th unauthorized access to the site is prevented. Temporary fencing shall be a 4 foot high snow fence, or such other fencing material with similar visibility, height and rigidity as may be approved by the Chief Building Official in writing, and shall be securely attached at any openings when the area is left unattended. ## PART 6 ## SPECIAL PROVISIONS AND PARTIAL EXEMPTIONS ## Temporary Pools 25. Despite Part 3 of this By-law, if a pool enclosure permit has been obtaines with respect to the pool enclosure for a temporary pool, the temporary poo may be reinstalled and refilled with water without additional permits or inspections provided there have been no alterations to the pool enclosure. ## Hot Tubs: 26. Despite Part 3 of this By-law, no permit or pool enclosure is required for a hot tub which is: - a. equipped with a substantial cover, capable of holding 200 Ibs. which is permanentiy fixed to the structure and which is locked to prevent access when the structure is not in use: or - b. equipped with a guard meeting the requirements of Section 28 of this By-law. ## Above Ground Pools and Hot Tubs with Guards: 27. the pool enclosure for an above ground pool or hot tub need not comply with Part 5 of this By-law [except as in subsection (f)] provided - a. the pool access is by way of a platform or deck at least 4 feet in width; - b. a guard of not less than 3 feet in height, measured from the surface o the platform or deck is provided around any platform or dect - C. the combined height of the exterior sides of the pool structure and any guard attached thereto, is a minimum of 6 feet and a maximum of 8 feet in height above the effective ground level; - d. e exterior sides of th - e. le outside face of the pool structure, including any attached deck, latform is at least 3 feet from any lot line, or such larger distance may be required by the Zoning By-law; 7. access to the platform or deck is restricted by means of an entrance or gate constructed in accordance with Part 5 of the By-law ## Penalties: 28. Every person who contravenes any provision of this By-law is guilty of an offence, and is liable upon conviction to a fine under the Provincial Offences Act, or not more than $5,000.00 exclusive of costs. 29. In addition to the penalties contained in section 28, if a person has contravened this by-law, the Chief building Official may issue an Order to Discontinue pursuant to section 444 of the Municipal Act, 2001; or a Work Order pursuant to section 445 of the said Act; or both, If a person fails to comply with any such order within the time set by the Order, the work to be done to correct the situation shall, upon the Chief Building Official issuing a written notice to the person to that effect, be done at the expense of the person, and the costs so incurred, together with interest at the maximum rate permitted by section 446 of the said Act, shall be recovered in the manner permitted by that section. ## Severability: 30. if a Court of competent jurisdiction declares any provisions or part of a provision of this By-law to be invalid or to be of no force an effect, it is the intention of the Council in enacting this By-law that each and every other provision of this By-law authorized By-law, be applied an enforce in accordance with its terms to the extent possible, according to law. ## Short Title: 31. This By-law may be referred to and cited as the "Pool Enclosure By-Law". 32. to this By-law.     READ a first time this & day of Aprel 2008. READ a second and third time and Analy passed this or lipril 2008. Sent Plan abet ## PART 7 ## ADMINISTRATION