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THE CORPORATION OF THE MUNICIPALITY OF MISSISSIPPI MILLS
BY-LAW 26-037
BEING a by-law to provide standards for the enclosure of pools within the Municipality
of Mississippi Mills
WHEREAS Section 11(1) of the Municipal Act 2001, S.O. 2001 c. 25 (hereinafter the
"Municipal Act"), provides that a lower-tier municipality may provide any service or thing
that the municipality considers necessary or desirable for the public, subject to the rules
set out in subsection (4); and
AND WHEREAS section 11(2), paragraph 6, of the Municipal Act authorizes a lower tier
municipality to pass By-laws respecting health, safety and well-being of persons; and
AND WHEREAS section 11 (3), paragraph 7, of the Municipal Act authorizes a lower
tier municipality to pass By-laws respecting structures, including fences; and
AND WHEREAS section 8(3) of the Municipal Act, authorizes a municipality to
regulate or prohibit in respect of matters within their jurisdiction, and to require persons
to obtain permits and provide for a system of obtaining permits in relation to those
matters;
AND WHEREAS under section 128 of the Municipal Act, a local municipality may
prohibit and regulate with respect to public nuisances, including matters that in the
opinion of council is or could become or cause public nuisances;
AND WHEREAS the Council of the Corporation of the Municipality of Mississippi Mills
deems it necessary to regulate outdoor pools and enclosures for pools;
NOW THEREFORE the Council of the Corporation of the Municipality of Mississippi
Mills HEREBY ENACTS as follows:
1. SHORT TITLE
1.1.
This By-Law may be cited and referred to as the "Pool Enclosure By-Law".
2. DEFINITIONS
2.1.
In this By-Law, words and terms shall be assigned the following definitions
listed in this section. Words and terms not defined within this By-Law shall
have their plan and ordinary meaning considering the context in which they
are used in this By-law and interpreted in a manner that is most protective of
public safety.
2.1.1. "Abandoned Pool or Hot Tub" means any pool or hot tub that,
regardless of whether it contains water, due to its condition or state of
repair, is incapable of being used as intended. This may include, but
is not limited to, the presence of stagnant water, deterioration or
failure of the structure or support systems, including the enclosure,
damaged or missing containment liners or decking, or a lack of proper
maintenance.
2.1.2. "Agent" means a person duly authorized by the owner in writing to act
for or represent the owner of land on which a pool or enclosure is to
be constructed or is located.
2.1.3. "Board Fence" means vertical boards consisting of minimum 12.5 mm
x 100mm boards with spacing between the boards not greater than
100 mm.
2.1.4. "Chain Link Fence" means minimum 12- or 14-gauge steel wire
comprising of a diamond mesh pattern not greater than 50 mm.
2.1.5. "Chief Building Official" means the chief building official appointed
by the council of the Municipality, and for the purposes of
administering and enforcing the provisions of this By-law, includes a
person authorized to exercise the same powers and duties as the
chief building official.
2.1.6. "Construct" means to do anything in the erection, installation,
extension, material alteration, removal or demolition of a pool or
enclosure, or construction of a building as defined and regulated by
the Building Code Act 1992, S.O. 1992 c. 23, (hereinafter the
"Building Code Act"), and "construction", "constructed",
"reconstruction" and "reconstructed" has a corresponding meaning.
2.1.7. "Enclosure" means any combination of fence, wall, safety cover, or
other structure, including any permitted door, gate, or other access
opening, surrounding a pool or hot tub to restrict access thereto.
2.1.8. "Grade" means the elevation of the finished surfaces immediately
surrounding the pool or the enclosure.
2.1.9. "Hot Tub" means a type of pool, capable of producing and containing
hot aerated water, and commonly used for recreation or physical
therapy, and includes tubs commonly referred to as "whirlpool" and
"spa".
2.1.10."Municipality" means the Corporation of the Municipality of
Mississippi Mills.
2.1.11."Occupant" means a person who is in physical possession of
premises, or a person who has responsibility for and control over the
condition of premises or the activities carried on, or control over
persons allowed to enter the premises, even if there is more than one
occupant of the same premises.
2.1.12."Officer" means a person appointed by the council of the Municipality
as a municipal By-law enforcement officer for the purposes of
enforcing By-laws, and includes the Chief Building Official, and may
also be referred to as a By-law officer, peace officer, building
inspector, or property standards officer.
2.1.13."Owner" means a person who is the registered owner of the land on
which a pool, hot tub or enclosure is to be constructed or is located.
2.1.14."Permit" means a permit issued by the Chief Building Official as
prescribed in this By-law for the construction of a pool and enclosure.
2.1.15."Pool" means an outdoor pool of water for swimming, bathing, wading
or reflecting, which is capable of retaining a water depth equal to or
greater the 600 mm (23 5/8 in) at any point, but shall not include
facilities for the purposes of providing water to livestock or for
irrigation of crops which are associated with and located on land
devoted to the practice of farming, or stormwater management ponds.
2.1.16."Safety Cover" means a rigid cover or lid on a hot tub to restrict
access thereto.
2.1.17."Stagnant" means water that is untreated, having no current or flow,
has an unpleasant smell and appearance, is a breeding location for
insects or otherwise poses a hazard to health.
2.1.18."Zoning By-law" means the in-effect version of the Zoning By-law of
the Municipality and any amendments thereto.
3. INTERPRETATION
3.1.
In the event of any conflict between the provisions of this By-law and any
provision contained in a By-law of the Municipality respecting fences, the
provisions of this By-law shall prevail.
3.2.
Unless otherwise defined, the words and phrases used in this By-law have
their normal and ordinary meaning.
3.3.
The headings and subheadings used in this By-law are inserted for
convenience of reference only, form no part of this By-law, and shall not
affect in any way the meaning or interpretation of the provisions of this By-
law.
3.4.
Unless the context requires otherwise, references to items in the plural
include the singular unless used with a number modifying the term.
3.5.
All distances, areas, weights, or other measurements in this By-law shall be
read and enforced as the specified metric units, and other converted units
specified in parentheses are inserted for convenience only.
3.6.
If any section, subsection, paragraph or part thereof is declared by any Court
of competent jurisdiction to be illegal, or ultra vires, such section, subsection,
paragraph part or parts shall be deemed to be severable, and all other parts
of this By-law are declared to be separate and independent, and enacted as
such.
4. GENERAL
4.1.
The purpose of this By-law is intended to restrict unauthorized access to
pools and hot tubs by requiring enclosures that provide a practical and
effective barrier against accidental or unintended entry. The property owner
remains solely responsible for the safety of all persons permitted to access
the property.
4.2.
Every owner or occupant shall ensure that a pool or hot tub and an enclosure
is constructed and maintained according to the provisions of this By-law.
4.3.
No person shall place water in a pool, or hot tub or allow water to remain in a
pool or hot tub unless the pool or hot tub and prescribed enclosure or safety
cover has been constructed or installed and maintained in accordance with
the provisions of this By-law.
4.4.
No person shall allow a pool or hot tub to become an abandoned pool or hot
tub.
4.5.
Every person shall ensure that all lockable openings and devices prescribed
in this By-law serving an enclosure are locked and in effect while the pool or
hot tub is not in use, other than times when access to the enclosure is
necessary for other purposes.
5. PERMIT REQUIREMENTS
5.1.
Except as provided in Section 5.2 and 5.3, no person shall construct or cause
to construct a pool or enclosure unless a permit for the enclosure has been
issued by the Chief Building Official.
5.2.
A permit is not required in the case of a pool, hot tub or enclosure which is
being reconstructed provided that,
5.2.1. A permit was obtained for the original pool, hot tub or enclosure.
5.2.2. The existing pool, hot tub or enclosure meets the provisions of the
applicable By-laws that were in effect at the time the Permit was
issued; and,
5.2.3. The pool, hot tub or enclosure is reconstructed in the same location
and the same manner in which it was previously constructed.
5.3.
A permit is not required for a hot tub provided that,
5.3.1. The hot tub has a substantial, structurally adequate cover that is
capable of supporting a 90 kg (200 lbs) load, or is in compliance with
the American Society for Testing and Materials Standard ASTM
F1346 - 91 for Hot tub and pool safety covers.
5.3.2. The safety cover is attached to the Hot tub or to its supporting
structure; and,
5.3.3. The safety cover is securely fastened and locked to prevent access at
all times when the hot tub is not in use.
6. APPLICATION FOR A PERMIT
6.1
An owner or their agent shall file an application for a permit with the Chief
Building Official on the application form prescribed by the Chief Building
Official or via an electronic permit system if one is in use by the Municipality.
6.2
Every application for a permit shall be accompanied by,
6.2.1. A site-plan that will identify the location of the pool, any buildings or
structures, enclosure location in relation to the pool and buildings or
structures, location(s) of any permitted door, gate, or other opening in
the enclosure, pool equipment location, well and septic location (if
applicable) and closest measured distance from the pool and
enclosure to each lot line of the property it is being installed on;
6.2.2. Plans indicating the dimensions of the pool (diameter, width, length),
the depth of the pool (in deep and shallow end if applicable), and
height of the pool above grade if applicable;
6.2.3. For properties governed by the "Protection of Lot Grading and
Drainage Features By-law" a grading and drainage plan that identifies
all wells, septic systems, swales, retaining walls, drainage direction,
and grade elevations, including existing and proposed grades
surrounding the pool and adjacent buildings;
6.2.4. The payment of the required fee as prescribed in the Fees and
Charges By-law of the Municipality in effect on the day the application
is made;
6.2.5. The information and address of the property that the pool will be
located, the names, addresses, telephone numbers, and email
addresses of the owner, their agent, and the contractor performing the
work, where applicable, on the application form; and,
6.2.6. Any other information that the Chief Building Official deems necessary
to determine whether the proposed construction will comply with this
By-law and any other applicable By-law.
6.3.
Every application for a permit that proposes the construction of a deck, floor,
platform, structure, public pool or public spa, or any other building, as defined
and regulated under the Building Code Act, shall be accompanied by a
separate building permit application that complies with all requirements of
that application and any building made under the Building Code Act.
6.4.
Alternative solutions may be submitted for approval, provided they
demonstrate, to the satisfaction of the Chief Building Official, performance
substantially equivalent to the requirements set out herein. Such alternatives
must achieve a comparable level of safety and access control, allowing
flexibility in design while maintaining the By-law's protective purpose.
7. ISSUANCE, CANCELLATION AND REVOCATION
7.1
Within 10 business days of receiving a complete application, the Chief
Building Official shall either issue a permit to the owner or their agent where
the application and the construction proposed are in general conformance
with the provisions of this By-law, or, where a permit is refused or cannot be
issued, inform the owner or their agent in writing of the reasons for the
refusal, including any non-compliance with this By-law or any other
applicable By-law.
7.2
Where a permit has been refused by the Chief Building Official, the
application for a permit will remain active for 20 business days from the date
of notification, after which, if sufficient information has not been provided to
the Chief Building Official to allow the permit to be issued the application may
be deemed abandoned and the Chief Building Official may cancel the
application without notice and, the permit application fee may be forfeited.
7.3
A permit shall be valid for an initial period of one (1) year from the date of
issuance of the permit, after which, if the permit has not been deemed
complete under Section 8.1.3., the permit shall be renewed for an additional
period of one (1) year for each consecutive year that the permit is not
complete, including payment of the required annual permit renewal fee as
prescribed in the Fees By-law of the Municipality in effect on the day a
renewal fee is due.
7.4
Where a permit has been issued, the owner or their agent may request in
writing that the permit be cancelled, provided that either no construction of
the pool has taken place, or any pool forming part of the permit has been
removed from the property, and the permit application fee shall be forfeited.
7.5
The Chief Building Official may revoke a permit that has been issued,
7.5.1 If it was issued on mistaken, false or incorrect information;
7.5.2 If, one (1) year after its issuance, the construction in respect of which it
was issued has not, in the opinion of the Chief Building Official, been
substantially commenced; or
7.5.3 If it was issued in error.
8. INSPECTION, COMPLETION AND USE
8.1
The owner or their agent shall notify the Chief Building Official of readiness
for inspection and schedule for an inspection by an officer upon completion of
construction of the pool and enclosure, prior to the pool or hot tub being filled
with any water.
8.2
Inspections shall be conducted within two (2) business days of the date of
making the request with the first day being the first business day after the
request was made unless agreed to otherwise by the person making the
request and the Chief Building Official.
8.3
Upon the inspection required in Section 8.1, if the officer has deemed the
pool and/or enclosure is not in conformance with the provisions of this By-
law, the owner or their agent shall, in addition to complying with Section 4.,
remedy the construction as necessary, and re-schedule for an inspection by
an officer, prior to the pool being filled with any water.
8.4
Upon the inspection required in Section 8.1., if the officer has deemed the
pool and enclosure to be in conformance with the provisions of this By-law,
the Chief Building Official or the officer shall notify the owner or their agent of
completion of the permit.
9. ENCLOSURE SPECIFICATIONS
9.1.
Except as provided by section 5.2, 5.3, and 9.3 every pool or hot tub shall be
provided with enclosure complying with the following criteria;
9.1.1. Shall have a minimum height of 1.5 m (4 ft 11 in) above adjacent
grade measured on the outside perimeter of the enclosure;
9.1.2. Shall be a board fence, chain link fence, or other suitable design, and
be non-climbable;
9.1.3. Shall have no openings under or in the enclosure that will allow the
passage of a 100 mm (4 in) diameter sphere, except as noted
otherwise;
9.1.4. No attachment or object that can facilitate climbing shall be fastened
or placed on the exterior face of the enclosure between 140 mm and
900 mm, measured from the grade;
9.1.5. Any door, gate, or other access opening, other than a door directly to
a dwelling that forms part of the enclosure, shall be self-closing, self
latching and lockable, with the self-latching and lockable hardware
installed no lower than a height of 1.35 m (4 ft 5 in); and,
9.1.6. Be structurally adequate and durable for the intended use.
9.2.
A pool or hot hub need not be provided with an enclosure where;
9.2.1. The pool or hot tub has an above grade sidewall height of at least 1.5
m (4 ft 11 in) around the outside perimeter of the pool or hot tub;
9.2.2. The sidewalls in (9.3.1.) shall be vertical, smooth, and have no
horizontal projections, or any other projections that will facilitate
climbing;
9.2.3. Any ladder providing access to the pool or hot tub shall be removed
when not in use;
9.2.4. Any deck, floor, or platform that is adjacent to the pool, and/or
provides access to the pool, shall have a minimum height of 1.5 m (4
ft 11 in) that is considered non-climbable around its entire perimeter,
with no openings that will allow the passage of a 100 mm (4 in)
diameter sphere.
9.3.
Barbed wire or fencing energized by electrical current, sharp projections or
any other dangerous characteristics shall not be used as an enclosure.
10. ZONING, GRADING AND DRAINAGE REQUIREMENTS
10.1. All pools and hot tubs shall be located as per the Municipality's Zoning By-
law.
10.2. Grading and Drainage to be in conformance with;
10.2.1.The Protection of Grading and Drainage Features By-law, or
10.2.2.The subdivision agreement, if applicable.
11. COMPLIANCE
11.1. An Officer may enter onto any lands at any reasonable time for the purpose
of determining compliance with this By-law or with an Order issued pursuant
to this By-law.
11.2. Where an enclosure or pool is not constructed or maintained in accordance
with the provisions of this By-law, or where a person is in contravention with
this By-law, the Chief Building Official or an officer may make an order
requiring a person to discontinue the contravening activity, and/or requiring
the person to carry out such work or construction as may be required to
bring the enclosure and pool into conformance with the requirements of this
By-law.
11.3. An order made under Section 11.2. shall specify the person(s) to which the
order is made, the date(s) by which there must be compliance with the
order, and the order shall either be served personally to the person(s),
emailed to their last known email address, or sent by registered mail to their
last known address, and where the order is made on a person who is not
the owner, a copy of the order shall be served on the owner.
11.4. Where an order made under Section 11.2. has not been complied with, the
Chief Building Official may cause the work or construction required by the
order to be done, and the cost of the work shall be at the expense of the
owner.
11.5. The Municipality may recover the costs of effecting compliance with an
order made under Section 11.2. by action or by adding the costs to the tax
roll and collecting them in like manner as municipal taxes.
12. OFFENCES AND PENALTIES
12.1. Every person who contravenes any of the provisions of this By-law is guilty
of an offence
Written approval of this by-law was given by Mayoral Decision MDE-26-010 dated June
09, 2026.
12.2. Every person who is convicted of an offence is liable to a fine as provided
for in the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended.
12.3. When a person has been convicted of an offence under this By-law, The
Ontario Court of Justice or any court of competent jurisdiction thereafter,
may, in addition to any penalty imposed on the person convicted, issue an
order prohibiting the continuation of repetition of the offence by the person
convicted.
13. TRANSITION, REPEAL AND ENACTMENT
13.1. A permit issued or continued under a previous By-law respecting pools
and/or enclosures, as amended, is hereby continued and remains in force
and shall be deemed to be issued under this By-law for regulatory and
enforcement purposes, provided that the enclosure and/or pool in question
was lawfully constructed in conformity with the provisions of the By-law that
was in effect on the day the permit was issued, and is maintained in good
repair on the date of enactment of this By-law.
13.2. By-law No. 19-41 is hereby repealed.
13.3. This By-law shall come into force and take effect upon the passing thereof.
BY-LAW read, passed, signed and sealed in open Council this 9th day of June 2026.
Christa Lowry, Mayor
Jeanne Harfield, Clerk