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THE CORPORATION OF THE TOWN OF MIDLAND
BY-LAW 2026-27
A By-law to regulate Swimming Pool Enclosures within the Town
of Midland and to repeal By-law 99-71.
WHEREAS Sections 8 and 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended
("The Municipal Act") authorize a municipality to pass by-laws respecting structures,
including fences;
AND WHEREAS section 11(2) (6) of the Municipal Act authorizes a municipality to
regulate matters related to health, safety and wellbeing of the inhabitants of the
municipality;
AND WHEREAS section 425 of the Municipal Act authorizes a municipality to pass a
by-law providing that a person who contravenes a by-law of the municipality is
guilty of an offence;
AND WHEREAS the Council of the Corporation of the Town of Midland deems it
necessary and desirable to establish a by-law for the purpose of providing uniform
standards for the Construction and maintenance of fences and Pool Enclosures
within the Town.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MIDLAND HEREBY ENACTS AS FOLLOWS:
1.0
DEFINITIONS
1.1
In this By-law
"Chief Building Official" means the Chief Building Official as appointed, on behalf
of the Corporation of the Town of Midland, or their designate.
"Construct" means to build and/or to Permit to build or erect, alter, relocate or cause
any material alteration to a swimming Pool or swimming Pool Enclosure. Without limiting
the generality of the foregoing Construction includes any work in preparation to
Construct, and Constructed has a corresponding meaning.
"Display Pool" means a Pool used to show or advertise Pools for commercial purposes;
"Existing Pool Enclosure" means a Pool Enclosure that was Constructed prior to the
effective date of this By-law in accordance with the regulations of By-law 99-71 or any
predecessor to that By-law.
"Hot Tub" means a Hot Tub, Jacuzzi, whirlPool, or spa;
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"Inflatable Pool" means a Pool, as defined in this By-law, consisting of an air supported
structure which contains, or is capable of containing, water with a depth in excess of
0.61m (2 feet) at any point;
"Officer" means any Municipal Law Enforcement Officer appointed by Council, a Building
Inspector or Chief Building Official
"Owner" includes the registered owner, lessee, tenant, or the person in possession of
property on which a swimming Pool is located;
"Pool" means an artificial body of water in which the container is Constructed from
manufactured materials, and is located outdoors on privately owned property in
which the depth of the water at any point can exceed 0.6 metres or 2 feet and is
primarily intended for bathing, swimming, and diving, and shall include any
accessory deck or support structure, but does not include a natural, dug, Constructed,
or damned pond that is used for aesthetic, landscape, storm water
management, or agricultural purposes.
"Permit or Pool Enclosure Permit" means a Permit issued by the Town of Midland
under this By-law authorizing the erection, Construction, or placing of a Pool and Pool
Enclosure.
"Pool Enclosure" means a fence, wall, lockable lid or other structure or thing,
including gates and doors which surround the perimeter of a Pool which would
discourage the entry of a person into the enclosed area.
"Self-closing device" means a mechanical device or spring which returns a Pool
Enclosure gate to its closed position after it has been opened;
"Self-Latching Device" means a mechanical device or latch which is engaged each time
the gate is secured 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;
"Swim Spa" is a body of water designed for swimming, wading, or bathing, typically using
jets or current systems for stationary swimming, and is regulated as a type of Pool when
it contains or is designed to contain water to a depth of 0.6 m (2 feet) or more.
"Temporary Pool" means an Inflatable Pool or other Pool which is designed to be
removed periodically on a seasonal or more frequent temporary basis;
"Town" means the Corporation of the Town of Midland.
"Zoning By-law" means any by-law administered by the Town pursuant to
section 34 of the Planning Act, or a predecessor or successor thereof, as may be
amended from time to time.
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1.2
The requirements under this By-law are expressed in metric measurements. Any
imperial measurement included in this By-law is approximate and is provided for
convenience only.
2.0
GENERAL PROVISIONS
2.1
This By-law shall be administered by the Chief Building Official, Building
Inspectors and By-law Enforcement Officers of the Town or such other person(s)
as Council may, by By-law, appoint and be considered Inspectors under the terms
of this By-law.
2.2
This By-law shall apply to all Pool Enclosures newly Constructed, existing or
replaced within the Town of Midland
2.3.
Nothing in this By-law shall restrict the use of alternative methods, materials or
design as pre-approved by the Chief Building Official at the time the application
for a Permit is made and prior to commencement of Construction or demolition.
2.4
Existing Pool Enclosures
(a) 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 this By-law in accordance with the regulations of By-law 99-71 or any
predecessor to that By-law and has been maintained continuously in
accordance with those regulations.
(b) No person shall Construct or cause to be Constructed a replacement or
altered Pool Enclosure unless a Permit is issued in accordance with this By-
law.
(c) Where an Existing Pool Enclosure was Constructed and has been
continuously maintained in accordance with the regulations that existed prior
to the effective date of this By-law and that Pool Enclosure also marks the
boundary between abutting properties, the shared portion of the Pool
Enclosure may form part of a new Pool Enclosure for a Pool on the abutting
property and shall be deemed to be in conformity with this By-law. All other
portions of the new Pool Enclosure surrounding the newly Constructed Pool
shall meet the standards as set out in this By-law.
3.0
PROHIBITIONS
3.1
No person shall Construct or cause to Construct a Pool unless a Pool
Enclosure Permit has been issued by the Chief Building Official or the Pool
meets an exemption within this By-law.
3.2
No person shall Construct or cause to be Constructed a Pool which is not
completely enclosed by a Pool Enclosure in accordance with this By-law.
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3.2
No person shall Construct any Pool Enclosure which does not conform to the
requirements of this By-law, or Permit such non-conforming Pool Enclosure to
continue to enclose a Pool.
3.4
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 meeting the requirements of
Section 5 of this By-law; and
(b) the Building Inspector has been notified and the Pool Enclosure has been
inspected and approved by the Town.
3.5
No person shall remove any part of a Pool Enclosure if the Pool is filled with 2
feet of water or more.
3.6
No person shall alter or replace a Pool Enclosure without having first obtained a
Permit.
3.7
Every owner shall ensure that:
(a) all gates forming part of the Pool Enclosure meet the standards of this By-
law;
(b) all gates forming part of a Pool Enclosure are locked when the area is not in
active use;
(c) the lockable lid of any Hot Tub or Swim Spa is closed and locked when not in
active use unless the Hot Tub or Swim Spa is within a locked approved Pool
Enclosure meeting the requirements of this By-law.
3.8
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 By-law.
3.9
No person shall erect a fence adjacent to an Existing Pool Enclosure that does
not comply with the requirements of this By-law.
3.10 No swimming Pool shall be erected or Constructed on any lands which would
interrupt the normal flow of water across said lands.
3.11 Any fence or enclosure built in respect of a privately-owned outdoor swimming
Pool shall be so Constructed as to provide an unobstructed view of the swimming
Pool from the residence located on the same property.
3.12 No person shall Construct, cause to be Constructed or have a swimming
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Pool Enclosure which contains barbed or razor wire, electrified wire, sharp
projections, or any other unsafe or dangerous feature on either side of the
swimming Pool Enclosure.
3.13 No owner shall Permit or cause the discharge or drainage of any water from any
privately owned outdoor swimming Pool so as to affect any abutting property.
3.14 No person shall backwash or drain a Pool in a manner that adversely affects any
adjacent land or that is directed towards any point of disposal other than a
municipal storm sewer system or open ditch with an appropriate extension to
prevent flooding erosion or other nuisances to neighboring properties.
4.0
APPLICATIONS FOR PERMITS
4.1
To obtain a Pool Enclosure Permit, an applicant shall file an application and
any supporting material, on forms prescribed by the Chief Building Official,
and pay the Permit fee as outlined in the Building By-law.
4.2
Every Pool Enclosure Permit application shall include the following:
(a) Description of the land on which the work is to be done, by including the
municipal address for the site on which the Pool will exist;
(b) Be accompanied by plans, sketches and specifications about the Pool
enclosure;
(c) Be accompanied by the required fees as set out under the Building Fee
By-law as amended;
(d) State the names, addresses, and telephone number of the owner and
Applicant and contractor;
(e) Be signed by the applicant who shall certify as to the truth of the
contents of the application.
4.3
The Chief Building Official or a Building Inspector, where the conditions
outlined above have been fulfilled, shall issue a Pool Enclosure Permit unless:
(a) the proposed Pool or Pool Enclosure will contravene this By-law or any
other applicable law;
(b) the application is incomplete; or
(c) any fees due are unpaid.
4.4
Where an application for a Permit remains incomplete or inactive for more
than six (6) months after it is made, the application may be deemed by the
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Chief Building Official or their designate to have been abandoned, without
further notice to the applicant.
5.0
STANDARDS FOR POOL ENCLOSURES
5.1
In-ground Pools shall provide protection around the entire perimeter of said
Pool. Every fence shall be:
(a) Not less than 1.2 meters (4 feet) in height, measured from grade or any
other raised deck outside the enclosure.
(b) Be Constructed as to not have openings, holes or gaps larger than 3.8cm
(1.5 inches) in its shortest dimension. The space at any point under the Pool
Enclosure must not exceed 100mm (4 inches)
(c) Fences shall be Constructed of the following materials and comply with
requirements set out under the Zoning By-law, as amended;
i. In the case of a wrought iron fence, pickets shall be a minimum of
1.6cm (5/8 inch) in diameter and a picket spacing shall not exceed
10.16 centimeters (4 inches) on center.
ii. In the case of a chain link fence, chain link is to be a maximum of
38mm (1-1/2 inch) diamond pattern of not less than 11 or 13 gauge
steel wire with vinyl or other approved coating. Chain link to be
supported by steel line posts at a maximum of 2.4m (8 feet), posts at
corners and ends with a minimum of 750mm (30 in) set into concrete
within the ground.
iii. Other Construction may be Permitted provided an equivalent degree
of safety is established and maintained as approved by the Building
Inspector.
(d) A fence shall be so Constructed that all horizontal or diagonal structural
members of the fence shall be located in the inside (Pool side) of the
fence.
(e) All fences shall be so Constructed that it cannot be used in a manner not
to facilitate climbing.
(f) All fences shall be so Constructed as to have the only means of entry by
gates or doors.
(g) Gates shall be Constructed to;
i. Maintain a minimum height of 1.2 meters (4 feet);
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ii. Shall be self-closing and equipped with Self-Latching Device mounted
near the top and inside of the gate;
iii. Shall be equipped with a lockable latch;
iv. Installed with the intent that all gates or doors will remain securely
closed and locked when not in use; and
v. If the gate to the Pool Enclosure is a double gate access, made up of
two gates at the same location, one of the two gates shall have a self-
closing device and Self-Latching Device. 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 that
prevents access through this gate without lifting or removing this device and
releasing the latch.
(h) All fences shall be set back a minimum of 1.2 meters (4 feet) from the
nearest edge of the swimming Pool.
5.2
In the case of a Pool, including Swim Spas, where the sidewalls or retaining
wall around the entire perimeter of the Pool are a minimum of 1.2 meters (4
feet) in height and are so Constructed as to prevent climbing, the Pool may
be protected by means of:
(a) A ladder that swings up and can be locked;
(b) A ladder, which can be removed and stored in a safe location; or
(c) A hard top Pool cover with a lockable lid equipped with a lock.
5.3
Temporary Fence during Construction
Temporary fencing shall be a minimum of 1.22m (4 feet) high and rigid and shall
be securely attached at any openings when the area is left unattended.
6.0
SPECIAL PROVISIONS AND PARTIAL EXEMPTIONS
6.1
Inflatable Pools
Notwithstanding Section 3 of this By-law, if a Pool Enclosure Permit has been
obtained with respect to the Pool Enclosure for an Inflatable Pool, the Inflatable
Pool may be reinstalled and refilled with water without additional Permits or
inspections provided there have been no alterations to the Pool Enclosure.
6.2
Display Pools
The owner of a Display Pool shall erect and maintain around such Pool a chain
link fence and gates having a mesh of 38mm (1.5 inches) extending from the
ground to a height of at least 1.8m (6 feet) or an enclosure of not less than
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equivalent strength, height and degree of safety, but nothing in this Section shall
prevent the use of an outside wall or walls of a building located on the same
property as one or more sides to the fence, provided that such wall shall not contain
an entrance therefrom.
6.3
Above Ground Pools, Swim Spas and Hot Tubs with Guards
(a) The Pool Enclosure for an above ground Pool or Hot Tub are exempt from
Section 5 of this By-law provided one of the options below are met:
i. the Pool is surrounded by a platform or deck at least 0.61m (2 feet) in width
with a guard of not less than 1m (39.5 inches) in height, measured from the
surface of the platform or deck is provided around any platform or deck;
ii. access to the platform or deck is restricted by means of an entrance or gate
Constructed in accordance with Section 5.1 g) ii., iii. and iv. of this By-law;
(b) The combined height of the exterior sides of the swimming Pool structure and
any guard attached thereto is a minimum of 1.8m (6 feet) and a maximum of
2.5m (8.2 feet) in height above the effective ground level. The exterior sides of
the Pool structure and any outside face of any guard are Constructed in a
manner that will not facilitate climbing;
(c) A Hot Tub or Swim Spa does not require a Permit if it meets all requirements
below;
i) equipped with a lockable lid which is permanently fixed to the structure
ii) the lid is locked to prevent access when the Hot Tub is not actively in
use.
iii) The lid is rigid and capable of supporting weight
7.0 MAINTENANCE
7.1
Every person shall:
(a) maintain their swimming Pool, Hot Tub or pond and any necessary
parts thereof, including covers, in good repair and working
condition;
(b) maintain the swimming Pool, Hot Tub, pond and any covers so that
during the Pool season, it is free from accumulation of stagnant
water, leaves and debris; and
(c) maintain any deck, swimming Pool, Hot Tub, pond, railings, and
guards in good repair and structurally sound condition.
7.1.1 If the requirements of Section 7.1 are not met, every person shall remove the
swimming Pool, Hot Tub, pond and any accessories or parts thereof immediately.
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7.2
The owner of any lands on which a swimming Pool is located or
Constructed shall maintain in good repair a swimming Pool Enclosure
around the entire swimming Pool area in accordance with the applicable
provisions of this By-law.
7.3
All repairs and maintenance of swimming Pools, Hot Tubs and ponds, their
enclosures and any accessory or parts thereof, including covers and
equipment, shall be carried out with suitable and sufficient materials in a
manner acceptable to the Officer.
8.0 ENTRY AND INSPECTIONS
8.1
An Officer may at any reasonable time, enter upon any land and into structures
other than a place used as a dwelling without notice for the purpose of carrying out
an inspection to determine whether or not the provisions of this by-law
are being contravened or to determine if a notice or Order has been complied with
or to carry out any remedial action required.
9.0 NOTICES AND ORDERS
9.1
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make a notice or Order requiring the Person who contravened the
By-law or who cause or Permitted the contravention or the Owner of the land on
which the contravention occurred to do work to correct the contravention.
9.2 The notice or Order shall include:
(a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention occurred;
(b) The work required to correct the contravention;
(c) The date by which the work shall be completed.
9.3
A notice or Order issued under this By-law may be served personally and/or
served by sending it via regular mail, registered mail and/or email to the last known
address of:
(a) The Owner of the Property at the address shown on the municipal tax roll;
(b) The Person identified as contravening this By-law;
(c) If sent via email, the notice or Order shall be sent to the last known email
address of the Person(s) or corporation(s) in which the notice or Order is
addressed to.
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9.4
Where service of a notice or Order is made by regular mail or registered mail, the
notice or Order shall be deemed served on the fifth (5th) day after the notice or
Order is mailed.
9.5
Where service of a notice or Order is made by email, the notice or Order shall be
deemed served on the third (3rd) day after the notice or Order was emailed or upon
a response from any recipient of the notice or Order.
9.6
In addition to service under section 9.4 and 9.5, a notice or Order may also be
posted on the Property in a location visible to the public. If an Order is posted on
the Property, it shall be deemed served on the same day that the notice or Order
is posted.
9.8
No Person shall fail to comply with a notice or Order issued under the authority of
this By-law.
10 PENALTY
10.1 Every person who contravenes any provision of this By-law, and every director or
Officer of a corporation who knowingly concurs in the contravention of this By-law
by the corporation is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33.
10.2 Each day on which a person contravenes any provisions of this bylaw shall be
deemed to constitute a separate offence under this bylaw as provided for in section
429(2) of the Municipal Act, S.O. 2001, c. 25.
10.3 Every person who contravenes the provisions of any section of this By-law, is guilty
of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended and is liable on conviction to a penalty where the maximum fine shall not
exceed $50,000 exclusive of costs under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended.
10.4 Every director or Officer of a corporation who contravenes any provisions of the
By-law is guilty of an offence under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended and is liable on conviction to a penalty where the
maximum fine shall not exceed $100,000 exclusive of costs under the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
10.5 If there is a contravention of any provision within this By-law, and the contravention
has not been complied with or corrected, the contravention of the provisions shall
be designated as a continuous offence for each day or part of a day that the
contravention remains uncorrected;
10.6 For the purposes of this By-law, if there is an offence respecting two or more acts
or omissions, each of which separately constitutes an offence and is a
contravention of the same provision of this By-law, then the offence is deemed a
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multiple offence.
10.7 For the purpose of continuous offences, every person who contravenes any
provision of this By-law, and every director or Officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
day or part thereof, exclusive of costs, under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended.
10.8 For the purpose of multiple offences, every person who contravenes any
provision of this By-law, and every director or Officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
offence, exclusive of costs under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended.
10.9 Notwithstanding Section 7.7 and 7.8, and in accordance with the provisions of
the Municipal Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the
continuous offences or multiple offences is not limited to $100,000.
10.10 Every person or owner who contravenes any section of this By-law shall, upon
issuance of a penalty notice in accordance with the Town's Administrative
Monetary Penalty System By-law, be liable to pay the Town an Administrative
Monetary Penalty.
11
VALIDITY AND SEVERABILITY
11.1 If a court of competent jurisdiction should declare any section or part of a section
of this By-law to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of this By-law
and it is hereby declared that the remainder of this By-Law shall be valid and shall
remain in force.
11.2 Where the provisions of this By-law conflict with the provisions of any other by-law
or act, the more restrictive provisions shall apply.
12.0 REPEAL
12.1 That By-law 99-71 and all amendments thereto are hereby repealed and
replaced with this By-law.
13
EFFECTIVE DATE
This By-law shall come into force and effect on May 20, 2026 at which time By-law
99-71 is hereby repealed.
That this By-law shall come into force and effect on the final passage thereof.
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BY-LAW PASSED AND ENACTED THIS 20TH DAY OF MAY 2026.
THE CORPORATION OF THE TOWN OF MIDLAND
____
BILL GORDON - MAYOR
____
SHERRI EDGAR - CLERK
Written approval of this By-law was given by Mayoral Decision MDE-2026-9 dated May 20,
2026.
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THE CORPORATION OF THE TOWN OF MIDLAND
PART I Provincial Offences Act
By-law 2026-27: Pool Enclosure By-law
Set Fines
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set Fine
1
Erect, cause or permit to be
erected a pool without a pool
enclosure permit
3.1
$300.00
2
Erect, cause or permit to be
erected a pool without a pool
enclosure
3.2
$300.00
3
Cause or allow a pool to be filled or
remain filled with water
3.4
$150.00
4
Remove any part of a pool
enclosure if it is filled with 2 feet of
water or more
3.5
$150.00
5
Ensure gates meet the by-law and
are locked while pool is not in use,
lockable lid for hot tub or swim spa
is in place and locked
3.7 (a)(b) and (c)
$150.00
6
Draining water from a pool shall be
directed to municipal storm or open
ditch
3.13
$150.00
NOTE: The penalty provision for the offences indicated above is section 10 of By-
law 2026-27, a certified copy of which has been filed.