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BY-LAW NUMBER 96-2009
OF
THE CORPORATION OF THE MUNICIPALITY OF MEAFORD
BEING A BY-LAW TO PROVIDE FOR THE OWNERS OF PRIVATELY-OWNED
OUTDOOR SWIMMING POOLS TO ERECT AND MAINTAIN SWIMMING POOL
ENCLOSURES
WHEREAS pursuant to Section 11 (3) par. 7 of the Municipal Act, S.O. 2001, c.25, as amended,
provides that a bylaw may be passed respecting structures, including fences;
AND WHEREAS Section 391 (1) of the Municipal Act, S.O. 2001, c.25, as amended, provides that a
municipality may pass bylaws imposing fees or charges for services or activities provided or
done by or on behalf of it;
AND WHEREAS it is expedient to impose fees for certain services;
AND WHEREAS it is the intention of the Municipality of Meaford to prevent unintentional
injury and drowning caused by the failure of property owners to provide and erect approved and
acceptable swimming pool enclosures;
NOW THEREFORE the Council of the Corporation of the Municipality of Meaford hereby enacts
as follows:
PART 1 DEFINITIONS AND INTERPRETATION
1.
For the purpose of this bylaw, the following terms shall have the meanings
indicated:
a)
"Boundary or Property Fence" means any barrier or
structure constructed of chain link metal, wood, stone,
metal, concrete, brick or other similar materials or
combination of such materials, which is erected for the
purpose of screening, safeguarding, retaining or enclosing
property or delineating property lines (see Figure 1);
b)
"Building" means any permanent and/or temporary
structure used or intended to be used for shelter,
accommodation, or enclosure of persons, animals, or
goods, but shall not include a lawful boundary fence;
c)
"Chief Building Official" means the person appointed by
the Municipality of Meaford to such a position pursuant to
the Building Code Act;
d)
"Fence Height" means the height measured from the finished floor level or ground level
at any point along the length of the fencing to the top of the fence, measured on the
outside of the fencing;
Figure 1: Property Fencing - Three-Sided
Fencing
e)
"Finished Floor Level" means a permanent stable surface, such as the top of wood,
concrete or brick;
f)
"Finished Ground Level" means a permanent ground level, such as grass, soil or
gravel;
g)
"Four-Sided Fence" means a fence or building wall that
fully restricts access to the pool separate from the house. A
four-sided fence that uses a building wall for one of its sides
may include a window, but not a door (see Figure 2);
h)
"Gate" means any part of a swimming pool fence which
opens on hinges.
i)
"Immediate Pool Area" means the surrounding area that
contains items used for pool activities, including pool
equipment, changing sheds, patio furniture and
similar
items used in conjunction with the use of the pool;
j)
"Inside of the Pool Enclosure" means that side of the fence
or gate that faces the pool area;
k)
"Isolation Fencing" means a continuous fence that is
effectively the same as a four-sided fence except that all
ancillary structures (not related to the function of the
swimming pool) are excluded from the pool area. The fence
completely separates the pool from the house and the rest
of the property (see Figure 3);
l)
"Maintain" means to keep a pool enclosure in a condition
that meets the requirements of this bylaw and to preserve
the condition of the pool enclosure from failure or decline
in order to ensure safety and strength.
m)
"Outside of the Pool Enclosure" means that side of the
fence or gate that faces away from the pool area;
n)
"Owner" includes the registered owner of any property;
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 premises were leased, and a lessee, tenant, mortgagee in
possession, or person occupying or in charge of the property;
o)
"Pool Enclosure" means a permanent four-sided fence, isolation fence or three- sided
fence, which includes a self-closing and self-latching gate, and which surrounds a pool
with the intention of restricting access from outside the pool enclosure;
Figure 3: Isolation Fencing
Figure 2: Four-Sided Fencing
p)
"Permit" or "Pool Enclosure Permit" means a permit issued under this bylaw by
the Chief Building Official;
q)
"Replacement" means the construction of a swimming pool and/or swimming pool
fence that takes the place of a swimming pool and/or swimming pool fence previously
constructed;
r)
"Self-Closing Device" means a mechanical device or spring that returns a swimming
pool enclosure gate to its closed position within 30 seconds after it has been opened;
s)
"Self-Latching Device" means a mechanical device or latch that is engaged each time the
gate is secured to its closed position, which will not allow the swimming pool enclosure
gate to be re-opened by pushing or pulling, and which will ensure the swimming pool
enclosure gate remains closed until unlatched by either lifting or turning the device itself
directly or by a key;
t)
"Swimming Pool" or "Pool" means an excavation, structure or product, which is:
(i)
located outdoors on private property;
(ii)
capable of being used for the purposes of swimming, wading, paddling or
bathing;
(iii)
capable of holding water in excess of 0.76m (2 feet 6 inches) in depth at any
point;
but for the purposes of this bylaw does not include any pool which is:
(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, agency or authority, or
is under the jurisdiction of the Ontario Building Code;
(3)
an existing natural body of water or stream or a privately owned landscape
pond;
(4)
a privately owned stormwater management facility;
u)
"Temporary Pool" means a swimming pool that is designed to be removed
periodically on a seasonal or more frequent temporary basis;
v)
"Three-Sided Fence" means a fence that uses a wall or side of a building with a door to
enclose the pool area.
2.
The requirements of this bylaw are expressed in metric measurements. Any imperial
measurements included in this bylaw are approximate and are provided for convenience
only.
PART 2 GENERAL PROVISIONS
Application of Bylaw
3.
This bylaw shall be administered by the Chief Building Official;
4.
This bylaw shall apply to all pool enclosures constructed, existing or replace within the
Municipality of Meaford;
5.
When a Swimming Pool Enclosure 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 bylaw prevail over any other Municipality bylaw that
regulates fences;
6.
Notwithstanding Section 5,
a)
nothing in this bylaw permits the location of a pool, deck, platform or other
structure in a location that is not permitted under the Municipality of Meaford
Zoning By-law 60-2009.
PART 3 PROHIBITIONS
7.
No person shall excavate, construct, install, or situate a pool; or cause a pool to be
excavated, constructed, installed, or situated; or commence the excavation, construction,
installation, placement or replacement of a pool without first obtaining a pool enclosure
permit from the Chief Building Official;
8.
No person shall excavate, construct, install, or situate a pool; or cause a pool to be
excavated, constructed, installed, or situated; or commence the excavation, construction,
installation, placement or replacement of a pool that is not completely enclosed by a pool
enclosure in accordance with this bylaw;
9.
No person shall construct or cause to be constructed any pool enclosure that does not
conform to the requirements of this bylaw, or permit such non-conforming pool enclosure
to continue to enclose a pool;
10.
No person shall fill a pool with water or cause a pool to be filled with water or allow
water to remain in a pool unless:
a)
the pool is enclosed by a pool enclosure, other than an approved temporary pool
enclosure, meeting the requirements of this bylaw; and
b)
if the pool is a newly constructed pool, the Chief Building Official has been
notified and the pool enclosure has been inspected and approved;
11.
No person shall remove, alter or replace a pool enclosure or any part thereof without
having first obtained a permit to do so from the Chief Building Official;
12.
No owner shall fail to ensure that:
a)
all gates forming part of the pool enclosure meet the standards of this
bylaw;
b)
all entranceways to a pool enclosure through a wall of a building meet the
standards of this bylaw; and
c)
all gates forming part of a pool enclosure are locked by means of combination or
keyed control, when the area is not in active use;
13.
No person shall place, pile, attach or lean any object or material against or near a pool
enclosure so as to facilitate climbing of the pool enclosure, diminish the structural
integrity of a pool enclosure or render the pool enclosure in non-conformity with the
provisions of this bylaw;
Prohibited Fences
14.
No barbed wire, chicken wire or other barbed or sharp material shall be used in the
construction of a pool enclosure.
15.
No pool enclosure shall be used as a conductor of electricity.
PART 4 APPLICATIONS FOR PERMITS
16.
Every application for a pool/pool enclosure permit shall be in a form specified by the
Chief Building Official (attached as Schedule 'A') and accompanied by:
a)
2 sets of plans in a form satisfactory to the Chief Building Official showing the
location of the pool in relation to property lines, buildings (including decks and
sheds), septic tank, septic bed, retaining walls and easements;
b)
complete details of the proposed pool enclosure, including the location and type of
proposed fence and gate;
c)
the permit fee(s) specified in bylaw 75-2005 as amended;
d)
the proposed access route for construction of the pool from any public right of
way to the proposed pool location; and
e)
if the proposed pool is within a controlled condominium/plan of subdivision
development, the written approval of the developer/owner of the subdivision;
17.
The Chief Building Official may issue a permit for a pool/pool enclosure where the
plans submitted comply with the requirements of this bylaw and all applicable
regulations, bylaws and approvals.
PART 5 STANDARDS FOR POOL ENCLOSURES
18.
The owner of a privately-owned pool shall erect
and
maintain a pool enclosure that is
designed to prevent
climbing, restrict access,
and satisfies the following
standards:
a)
Height: the pool enclosure shall extend from the
ground to a height of not less than 1.22m (4 feet).
Height shall be measured from the finished ground
level on the outside (not the pool side) of the pool
enclosure.
b)
Opening and Materials:
i)
where the pool enclosure is constructed of
chain link fence, the pool enclosure shall
not have any openings that would allow
the passage of a spherical object having a
diameter exceeding 38 mm (1.5 inches) (see Figure 4);
ii)
where the pool enclosure is constructed of vertical and horizontal
members, if the horizontal structural members are greater than 114.3 cm
(45 inches) apart, the horizontal members can be located on the outside of
the pool enclosure and the spacing between each vertical member shall not
exceed 100 mm (4 inches) (see Figure 5);
iii)
where the pool enclosure is constructed of vertical and horizontal
members, if the horizontal structural members are less than 114.3cm (45
inches) apart, the horizontal members must be located inside the pool
enclosure and the spacing between each vertical member should not
exceed 44.45 mm (1.75 inches) (see Figure 6);
c)
Ground Clearance: the space at any point between the pool enclosure and the
finished ground level and/or finished floor level must not exceed 100 mm (4
inches) and the ground beneath the pool enclosure cannot be loose gravel or other
material that can be easily removed so as to afford access under the pool enclosure
(see Figure 5);
Figure 4: Chain Link Openings
d)
Framing and Braces: except as specified in Section 20.b) ii) all horizontal structural
members must be located inside of the pool enclosure as to prevent easy climbing;
and
e)
Location: if the pool enclosure only encloses the immediate pool area it shall be
located not less than 0.61m (2 feet) from any other fence or structure on the subject
property.
GATES AND OTHER ACCESS POINTS
Gates
19.
Every owner shall ensure that every
gate forming part of a pool enclosure:
a)
Is constructed in accordance
with the standards prescribed
in section 18 of this bylaw;
b)
is supported on substantial
hinges, capable of supporting
90.72kg (200 lbs.) in body
weight;
c)
is equipped with a self-closing device;
d)
is equipped with a self-latching device that is located at least 1.22m (4 feet) above
the finished floor level and/or finished ground level (see Figure 7);
Figure 5: Vertical and horizontal member
spacing and ground clearance
Figure 6: Vertical and horizontal member
spacing
Figure 7: Self-closing and self-latching gate installation
e)
is equipped with a lock by means of combination or keyed control;
20.
If the gate to the pool 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 device; and
b)
the gate of this double gate access without a self-closing device and a self-latching
device shall have a device permanently affixed to the ground or other non-
movable object, which prevents access through this gate without lifting or
removing this device and then releasing the latch.
TEMPORARY FENCE DURING CONSTRUCTION
21.
The owner shall ensure that temporary fencing meeting the requirements of this section
is in place during all phases of construction of the pool such that unauthorized access to
the site is prevented.
Temporary fencing shall be of 1.22m (4 feet) high snow fence, or such other fencing
material with similar visibility, height and rigidity as approved by the Chief Building
Official, and shall be securely attached at any opening when the area is left unattended.
PART 6 SPECIAL PROVISIONS
Above-Ground Pools
22.
The vertical walls of an above-ground pool can be used as
part of a pool enclosure provided that the vertical walls
are at least 1.22m (4 feet) in height and do not possess any
horizontal members that may facilitate climbing;
23.
The ladder area, which provides access to the above-
ground pool, must be enclosed by a pool enclosure as
defined in this bylaw (see Figure 8);
Temporary Pools
24.
If a pool enclosure permit has been obtained with respect
to the pool enclosure for a temporary pool, the temporary pool may be reinstalled and
refilled with water without additional permits or inspections provided there have been no
alterations to the pool enclosure.
PART 7 UNDERTAKING TO ENSURE REPAIR
25.
Every person erecting, altering, repairing or demolishing a swimming pool and/or
swimming pool fence within the Municipality of Meaford who permits the crossing of
curbing, sidewalks or paved boulevards by vehicles delivering materials to or removing
materials from the site shall be responsible to the Municipality for the cost of repairing
any damage to Municipal property such as any damage to the sidewalks, curbing or
Figure 8: Above-ground pool with fenced ladder
paved boulevard or to any water service box or other service therein caused by the
crossing of such vehicles.
26.
The owner of any lands on which any swimming pool and/or swimming pool fence is
being erected, altered, repaired or demolished shall take all necessary steps to prevent
building material, waste or soil from being spilled or tracked onto the public streets by
vehicles going to or coming from the lands during the course of the erection, alteration,
repair or demolition and shall be responsible to the Municipality for the cost of removing
such building material, waste or soil and the cost of repairing any damaged curbing,
sidewalks, or paved or grassed boulevards.
PART 8 ENFORCEMENT
27.
Every person who contravenes any provision of this bylaw and is found guilty of an
offence and upon conviction shall be subject to a fine as prescribed in the Provincial
Offences Act, R.S.O. 1990, cP.33, as amended.
28.
Where anything required to be done in accordance with this bylaw is not done, the Chief
Building Official for the Corporation of the Municipality of Meaford may, upon such
notice as they deem suitable, do such thing 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 within
the meaning of Section 446 of the Municipal Act, S.O. 2001, c25., as amended.
PART 9 REPEAL - ENACTMENT
29.
Bylaw Number 1993-10 for the former Corporation of the Township of Sydenham, and
any and all amendments of the same are hereby repealed.
30.
This Bylaw comes into force on the date of passing.
READ a FIRST and SECOND time this 19th day of October, 2009.
READ a THIRD time and finally passed this _____ day of ___________ , 2009
Original Signed by
Original Signed by
____________________________
____________________________
Francis Richardson, Mayor Peggy Rouse, Clerk