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CITY OF NIAGARA FALLS
By-law No. 2014-58
A by-law regulating outdoor swimming pools in the City of Niagara Falls.
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 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the municipality may pass by-laws related to the health, safety,
and wellbeing of the inhabitants of the municipality;
AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to pass by-laws respecting structures, including
fences;
AND WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws imposing fees or charges for
services provided or done by or on behalf of it;
AND WHEREAS the Council of the City of Niagara Falls deems it desirable for the
protection of the public to enact a by-law to regulate outdoor swimming pools;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
SECTION 1
GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This by-law shall be known as the "Swimming Pool By-law".
1.2
DEFINITIONS
1.2.1
For the purpose of this by-law:
(1)
"Chief Building Official" means the Chief Building Official appointed by
Council under the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, or the person who is appointed to act in that capacity during
his or her absence;
(2)
"City" means The Corporation of the City of Niagara Falls or the
geographical area of the municipality, as the context requires;
- 2 -
(3)
"erect" means to conduct any actions involved in the erection,
installation, construction, extension or material alteration of a swimming
pool enclosure or an outdoor swimming pool;
(4)
"exterior face" means, when used in conjunction with a swimming pool
enclosure, the side of the enclosure from which access to the pool is to
be prevented;
(5)
"ground level" means the highest level of the grade at any point around
the exterior of the swimming pool within 1.06m [42"] measured
horizontally from the wall of the outdoor swimming pool;
(6)
"lot" means any parcel of tract of land that can be conveyed without
contravening the Planning Act and has frontage on an improved street;
(7)
"lot line" means any boundary of a lot;
(8)
"lot line, front" means, in the case of an interior lot, the line dividing the
lot from the street; where the lot is a corner lot, the shorter lot line
abutting a street shall be deemed to be the front lot line and the longer
lot line abutting a street shall be deemed to be an exterior side lot line,
provided that, where a corner lot has the same dimensions on the two
streets upon which it abuts, the lot line abutting the street upon which
the building or structure erected or to be erected has its principal
entrance shall be deemed to be the front lot line; where the lot is a
through lot, the lot line where the principal access to the lot is provided
shall be deemed to be the front lot line;
(9)
"lot line, rear" means the lot line farthest from or opposite to the front lot
line; where the side lot lines intersect, as in the case of a triangular lot,
the rear lot line shall be represented by the point of intersection;
(10) "lot line, side" means a lot line other than a front lot line or a rear lot line;
(11) "Officer" means a Municipal By-Law Enforcement Officer, a Building
Inspector, a Chief Building Official, or other person appointed or
employed by the City for enforcement of by-laws;
(12) "Ontario Building Code" means the regulation established through the
Building Code Act, 1992, S.O. 1992, c. 23, as amended;
(13) "outdoor swimming pool" means any artificial body of water located out
of doors, and capable of holding a depth of 305mm [12 in.] of water at
any given section but does not include:
(a)
a pond which is maintained for ornamental purposes only;
(b)
a pond which is used only for agricultural, horticultural or industrial
purposes or is located in an agricultural zone;
- 3 -
(c)
a pond which is used as a reservoir for firefighting;
(d)
natural occurring streams, lakes, swamps or other natural bodies
of water; or
(e)
an outdoor swimming pool which is subject to the regulations of
the Ontario Building Code;
(14) "outdoor swimming pool, above ground" means any outdoor swimming
pool, other than a seasonal outdoor swimming pool, that has a portion
of the pool wall above ground level;
(15) "outdoor swimming pool, in ground" means any outdoor swimming pool
that is constructed with its pool walls more than 90% below ground
level;
(16) "outdoor swimming pool, seasonal" means any outdoor swimming pool
which is intended to be removed and stored during the winter months
and/or when not in use;
(17) "owner" means a person or corporation who legally owns or controls the
property in question;
(18) "permit" means a permit issued by the Chief Building Official certifying
approval of plans for the erection of an outdoor swimming pool and/or a
swimming pool enclosure required by this by-law;
(19) "person" means and includes an individual, firm, corporation,
association or partnership and includes an occupant or an owner of a
property;
(20) "private spa" means a hydro-massage pool containing an artificial body
of water that is intended primarily for the therapeutic or recreational use
of a single dwelling unit that is not drained, cleaned or refilled before
use by each individual and that utilizes hydro-jet circulation, air
induction bubbles, current flow or a combination of them over the
majority of the pool area, but does not include an outdoor swimming
pool;
(21) "property" means any grounds, yard or vacant lands;
(22) "swimming pool area" means an outdoor swimming pool and includes
any surrounding platforms, walkways, play areas and landscaped area
within the swimming pool enclosure;
(23) "swimming pool enclosure" means a permanent fence, wall or structure
or a combination thereof, together with any gates or entrances, which
completely surround an outdoor swimming pool;
- 4 -
(24) "temporary enclosure" means an enclosure used temporarily for the
purpose of enclosing an outdoor swimming pool in the course of
construction in order to effectively prevent or restrict access thereto by
unauthorized persons, and to prevent any accident or injury to any
person in or on the property;
(25) "yard" means a space, appurtenant to a building or structure, located on
the same lot as such building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky subject to the
specific exceptions contained in the City of Niagara Falls Zoning By-law;
(26) "yard, front" means a yard extending across the full width of a lot
between the front lot line of such lot and the nearest part of the main
building or structure on such lot;
(27) "zone" means an area designated by the City of Niagara Falls Zoning
By-law, as amended, and established by that by-law for a specific use;
and
(28) "zone, residential" means a zone in which the use of land, building or
structures is for the sleeping or habitation of persons.
1.3
INTERPRETATION
1.3.1
In this by-law statutory references are to Statutes of Ontario and the
regulations made thereunder and shall be deemed to refer to such statutes
and regulations as amended, consolidated, re-enacted and in force from time
to time.
1.3.2
This by-law shall be read with all changes of gender and number required by
the context or circumstances.
1.4
APPLICATION
1.4.1
The provisions of this by-law shall regulate the location and enclosure of
privately owned outdoor swimming pools and private spas erected on any
property within the boundaries of the City of Niagara Falls.
1.4.2
Notwithstanding article 1.4.1, the provisions of this by-law do not apply to
outdoor swimming pools which are owned by a public or government body.
1.4.3
The provisions of this by-law do not in any way exempt an outdoor swimming
pool or private spa from complying with any and all applicable Federal or
Provincial statutes, and regulation thereunder, or any other municipal or
regional by-law, including the requirement for a permit.
- 5 -
1.4.4
The provisions of this by-law shall apply equally to all types of outdoor
swimming pools, including above ground, in ground and seasonal outdoor
swimming pools, unless otherwise stipulated in this by-law.
1.4.5
Save and except section 3 of this by-law, a private spa need not comply with
the remaining provisions of this by-law, provided that secure cover or rigid
material is placed over the entire opening to the private spa and is locked in
place, in order to prevent access by unauthorized persons, when the private
spa is not in use or under competent and immediate supervision.
SECTION 2
GENERAL PROVISIONS
2.1
PERMITS
2.1.1
No person shall excavate for, or erect, or cause or permit excavation for, or
erection of, any outdoor swimming pool and/or swimming pool enclosure
without first obtaining a permit from the Chief Building Official.
2.1.2
An application for permit shall be on forms provided by the City for such
purposes and shall include the following information:
(1)
the location of the property;
(2)
a plot plan or plot plans of the lot showing the following information:
(a)
the location of the outdoor swimming pool;
(b)
the location of the swimming pool enclosure including the location
of any gates and/or entrances;
(c)
the location of any associated outdoor swimming pool equipment
such as, but not limited to, pumps, filters and heating equipment;
(d)
dimensions from the outdoor swimming pool and any associated
equipment to all lot lines and all other buildings or structures on
the lot; and
(e)
where the application being made is for the installation of an in
ground outdoor swimming pool, in addition to the items identified
above, the application shall be accompanied by a Lot Grading
Plan bearing the signature and seal of a practicing Engineer,
Landscape Architect, Architect or Ontario Land Surveyor, who
certifies thereon that the drainage scheme depicted by the plan is
designed to ensure that water will not accumulate at or near the
building and will not adversely affect adjacent properties.
- 6 -
(3)
a plan or plans illustrating the complete details of the swimming pool
enclosure including:
(a)
type of construction;
(b)
materials; and
(c)
height.
2.1.3
The issuance of a permit for any application regarding the erection of any
outdoor swimming pool and/or swimming pool enclosure shall be denied if the
erection of the outdoor swimming pool and/or swimming pool enclosure would
be contrary to the provisions of any by-law of the City of Niagara Falls, or any
other applicable law or regulation.
2.1.4
Any deck, structure or accessory building such as, but not limited to, an
enclosure for pool equipment, change houses and storage buildings are not
regulated by this by-law and shall be subject to any and all applicable
municipal or regional by-laws, or any other applicable law.
2.1.5
No permit for an outdoor swimming pool and/or swimming pool enclosure
shall be issued unless all applicable fees and applicable deposits, as
established by the Council of the City of Niagara Falls, have been paid in full.
2.1.6
Once a permit has been issued for the erection of a seasonal outdoor
swimming pool, the initial permit shall be sufficient to satisfy the requirements
of article 2.1.1 for each additional erection of the same seasonal swimming
pool beyond that of the original erection. The provisions of article 2.2.2,
however, remain in effect and shall be satisfied prior to the placing of water
for the original installation.
2.2
INSPECTIONS
2.2.1
No person shall place water, or cause or permit water to be placed, in an
outdoor swimming pool, unless the final inspection has been successfully
conducted and the installation of the swimming pool enclosure is approved by
the Officer conducting the inspection.
2.2.2
No person shall place water, or cause or permit water to be placed, in a
seasonal outdoor swimming pool, unless the final inspection has been
successfully conducted and the location of the seasonal outdoor swimming
pool and presence of the required swimming pool enclosure is approved by
the Officer conducting the inspection.
2.2.3
The installation inspection required by article 2.2.2 shall be required for the
initial erection of the seasonal outdoor swimming pool only. It shall be the
responsibility of the owner to ensure that the seasonal outdoor swimming pool
is erected in conformance to the applicable requirements of this by-law for all
subsequent installations.
- 7 -
2.3
PERMIT FEES AND DEPOSITS
2.3.1
Any fee required by or described in this by-law shall be as set out in the Rates
and Fees By-law of the City of Niagara Falls, as revised by the Council of the
City of Niagara Falls from time to time.
2.3.2
Any security deposit required by or described in this by-law shall be as set out
in Schedule A to this by-law.
SECTION 3
SWIMMING POOL CONSTRUCTION
3.1
LOCATION
OF
SWIMMING
POOLS
AND
PRIVATE
SPAS
IN
RESIDENTIAL ZONES
3.1.1
An outdoor swimming pool or private spa shall not be located within any front
yard.
3.1.2
An outdoor swimming pool shall have no interior wall surface located within
1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining
lot.
3.1.3
An outdoor swimming pool shall have no interior wall surface located within:
(1)
1.2m [3.9 ft.] of any building or structure, other than a dwelling or a
deck, supported on a foundation that projects below ground level;
(2)
1.2m [3.9 ft.] of any interior side lot line;
(3)
1.2m [3.9 ft.] of any exterior side lot line; and
(4)
1.2m [3.9 ft.] of any rear lot line.
3.1.4
Every person who erects or permits the erection of an outdoor swimming pool
shall comply with the requirements of the City by-laws and policies
concerning drainage or the grading and/or filling of land including, without
limiting the generality of the foregoing, any applicable Master Drainage Plan
governing the drainage of the land upon which the outdoor swimming pool is
to be located or is being constructed.
3.1.5
A private spa shall not be located within 1.2m [3.9 ft.] of:
(1)
any interior side lot line;
(2)
any exterior side lot line; and
(3)
any rear lot line.
- 8 -
3.1.6
All associated equipment related to the outdoor swimming pool or private spa
such as, but not limited to, pumps, filters and heating equipment, shall be
subject to the provisions of article 3.1.1 and shall not be located within:
(1)
1.2m [3.9 ft.] of any interior side lot line;
(2)
1.2m [3.9 ft.] of any exterior side lot line; and
(3)
1.2m [3.9 ft.] of any rear lot line.
3.2
LOCATION OF SWIMMING POOLS - NON RESIDENTIAL ZONES
3.2.1
An outdoor swimming pool shall have no interior wall surface located within
1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any
adjoining lot.
3.2.2
An outdoor swimming pool shall have no interior wall surface located within:
(1)
1.2m [3.9 ft.] of any building or structure, other than the primary
building, supported on a foundation that projects below ground level;
(2)
1.2m [3.9 ft.] of any front lot line;
(3)
1.2m [3.9 ft.] of any interior side lot line;
(4)
1.2m [14.76 ft.] of any exterior side lot line; and
(5)
1.2m [3.9 ft.] of any rear lot line.
3.2.3
Every person who erects or permits the erection of an outdoor swimming pool
shall comply with the requirements of the City by-laws and policies
concerning drainage or the grading and/or filling of land including, without
limiting the generality of the foregoing, any applicable Master Drainage Plan
governing the drainage of the land upon which the outdoor swimming pool is
to be located or is being constructed.
3.2.4
All associated equipment related to the outdoor swimming pool or private spa
such as, but not limited to, pumps, filters and heating equipment, shall not be
located within:
(1)
1.2m [3.9 ft.] of any front lot line;
(2)
1.2m [3.9 ft.] of any interior side lot line;
(3)
1.2m [3.9 ft.] of any exterior side lot line; and
(4)
1.2m [3.9 ft.] of any rear lot line.
- 9 -
3.3
PLUMBING
3.3.1
Any plumbing connections between the outdoor swimming pool or private spa
and any potable water supply shall be equipped with a back flow prevention
device.
3.3.2
Overflow or drainage discharge from an outdoor swimming poor or private
spa shall be discharged to a storm sewer or natural drainage course. Where
a storm sewer or natural drainage course is not available, the outdoor
swimming pool shall be drained by mechanical means and transported to a
suitable storm sewer outlet or natural drainage course.
3.3.3
At no time is overflow or drainage from an outdoor swimming pool or private
spa permitted to discharge onto abutting properties, open lands, City property
or into the sanitary sewer.
3.3.4
Outdoor swimming pools or private spas being drained shall not discharge to
any storm sewer or natural drainage course at a rate greater than 300 liters
[66 gals.] per minute and shall be carried out in accordance with the
guidelines or regulations concerning the disposal of outdoor swimming pool
water issued by the Ontario Ministry of the Environment.
3.3.5
Where a lot is not serviced by a sanitary sewer, an approval from the
authority having jurisdiction for administration and enforcement of section 8 of
the Ontario Building Code shall be obtained, prior to the issuance of any
permit under subsection 2.1 of this by-law.
3.4
ELECTRICAL
3.4.1
All electrical works conducted in association with the installation of an outdoor
swimming pool or private spa shall be installed in accordance with all
applicable electrical codes and standards.
3.4.2
Any applicable permits and inspections required as a result of the provisions
of article 3.4.1 are the responsibility of the owner.
3.4.3
All lighting fixtures or standards installed in conjunction with the outdoor
swimming pool or private spa shall be arranged, designed and installed so
that light from them is directed downward and deflected away from any
adjacent lots and abutting highways.
- 10 -
SECTION 4
ENCLOSURE CONSTRUCTION AND MAINTENANCE
4.1
GENERAL ENCLOSURE REQUIREMENTS
4.1.1
The owner of any lands on which an outdoor swimming pool is located or
erected shall erect a swimming pool enclosure around the entire swimming
pool area, in accordance with the provisions of this by-law.
4.1.2
The height of a swimming pool enclosure required by this by-law shall be a
minimum of 1.07m [42 in.] in height, as measure from ground level at the
exterior face of the enclosure.
4.1.3
The maximum permitted space between the bottom of a swimming pool
enclosure and the ground level is:
(1)
50mm [2 in.] where the ground is primarily turf grass or bare earth;
and/or
(2)
100mm [4 in.] where the ground is primarily concrete or asphalt.
4.1.4
Every swimming pool enclosure shall be constructed in accordance with
subsections 4.2 and 4.3 of this by-law, except as may otherwise be provided
in this by-law.
4.1.5
An above ground outdoor swimming pool may have an integrally constructed
structure as a component of the required swimming pool enclosure, provided
that the exterior sides of the above ground outdoor swimming pool are a least
1.07m [42 in.] in height, as measured from the ground level to the top of the
pool wall or the top of the integrally constructed structure.
4.1.6
All swimming pool enclosures shall be designed and constructed in a manner
in which no member, attachment or opening will facilitate climbing.
4.1.7
Notwithstanding the requirements of article 4.1.1, where the outside wall of
the outdoor swimming pool has a height of not less than 1.07m [42 in.]
measured from ground level at all points on the perimeter of such wall, a
swimming pool enclosure shall not be required provided that any steps,
ladder or other means of entry to the outdoor swimming pool are protected by
a swimming pool enclosure which complies with the requirements contained
within the remainder of this section.
4.1.8
The wall of a building may be considered to form a part of a swimming pool
enclosure provided that:
(1)
the wall is at least 1.07m [42 in.] in height, as measured from ground
level at the exterior face of the wall;
(2)
where any window opening, other than a window located in a dwelling
unit, occurs within the area of the wall forming part of the swimming
- 11 -
pool enclosure, such windows are to be kept securely locked when the
pool is not under competent and immediate supervision; and
(3)
where any door providing access directly to a swimming pool area
occurs within the area of the wall forming part of the swimming pool
enclosure, such door shall satisfy the provisions of subsection 4.3.
4.2
FENCES
4.2.1
A fence which forms a swimming pool enclosure, or a part thereof, shall be of
chain link construction, wood construction, wrought iron or metal construction
or a material otherwise approved by the Chief Building Official.
4.2.2
A fence of chain link construction shall:
(1)
be constructed of chain link with a wire size of not less than twelve [12]
gauge in thickness when of galvanized steel material, or with a wire size
of not less than fourteen [14] gauge in thickness when of vinyl or other
approved coated steel material which would form an overall thickness
equivalent to twelve [12] gauge galvanized steel wire;
(2)
have links of diameter of not more than 50mm [2 in.];
(3)
be supported by capped galvanized steel posts with a minimum 38mm
[1.5 in.] diameter, spaced not more than 2.4m [7.9 ft.] apart, and placed
at least 0.9m [3 ft.] below ground level;
(4)
have a top rail of a minimum 32mm [1.25 in.] diameter galvanized steel
pipe, securely fastened to the upright galvanized steel posts; and
(5)
have a bottom support of not less than a nine [9] gauge galvanized steel
tension wire securely fastened to the upright galvanized steel posts.
4.2.3
A fence of wood construction shall:
(1)
be constructed of a minimum 16mm [0.625 in.] thick boards, placed
vertically;
(2)
have:
(a)
horizontal members, including top and bottom rails, that are
spaced at least 0.9m [3 ft.] apart, and vertical boards that are
spaced not more than 100mm [4 in.] apart on the exterior face of
the fence; or
(b)
horizontal members, including top and bottom rails, that are
spaced less than 0.9m [3 ft.] apart, and vertical boards that are
spaced not more than 50mm [2 in.] apart on the exterior face of
the fence;
- 12 -
(3)
be supported by solid wood posts of at least 89mm x 89mm [3.5 in. x
3.5 in.], or 89mm [3.5 in.] in diameter, spaced not greater than 2.4m [7.9
ft.] apart, and placed at least 0.9m [3 ft.] below ground level;
(4)
have a top and bottom rail of a minimum size of 38mm x 89mm [1.5 in.
x 3.5 in.], where the 89mm [3.5 in.] dimension is in vertical orientation,
securely fastened to the solid wood posts; and
(5)
have all wood, which is in contact with the ground or to be below ground
level, of a species resistant to decay by moisture or treated with an
approved substance to resist decay.
4.2.4
A fence of wrought iron or metal construction shall:
(1)
be of sufficient strength to provide an effective swimming pool
enclosure;
(2)
be supported by posts spaced not greater than 2.4m [7.9 ft.] apart, and
placed at least 0.9m [3 ft.] below ground level;
(3)
have:
(a)
horizontal members, including top and bottom rails, that are
spaced at least 0.9m [3 ft.] apart, and vertical members that are
spaced not more than 100mm [4 in.] apart, on the exterior face of
the fence; or
(b)
horizontal members, including top and bottom rails, that are
spaced less than 0.9m [3 ft.] apart, and vertical members that are
spaced not more than 50mm [2 in.] apart, on the exterior face of
the fence.
4.2.5
Any fence, or portion thereof, constructed using basket weave or lattice
material within the required portion of any swimming pool enclosure shall be
deemed not in compliance with the requirements of this by-law.
4.2.6
Any fence constructed as a swimming pool enclosure must also be
constructed in accordance with the City of Niagara Falls Fence By-law, as
amended.
4.2.7
Any fence which forms a swimming pool enclosure, or part thereof, shall be
constructed at a distance of at least 600mm [2 ft.] from the interior wall
surface of the outdoor swimming pool, except for an integrally constructed
structure which shall be constructed in accordance with article 4.1.5.
4.3
GATES AND ENTRANCES
4.3.1
Every gate or entrance is to be kept closed and locked at all times when the
outdoor swimming pool is not under competent and immediate supervision.
- 13 -
4.3.2
Every swimming pool enclosure shall allow access to the swimming pool
area, other than through a dwelling unit, by means of one or more gates or
entrances.
4.3.3
Gates or entrances which form a part of a swimming pool enclosure shall be:
(1)
of construction and height equivalent to or greater than that of the
swimming pool enclosure which it forms a part of;
(2)
supported on substantial hinges;
(3)
equipped with self-closing hardware capable of placing the gate or
entrance in a latched position; and
(4)
equipped with self-latching hardware mounted on the pool side of the
gate or entrance.
4.3.4
In addition to the provisions of articles 4.3.1, 4.3.2 and 4.3.3, any door
providing access directly to a swimming pool area shall be equipped with
hardware mounted on either side of the door, at least 1.07m [42 in.] above
ground level, which deactivates the use of the door from either the pool side
or the exterior face of the door.
4.3.5
Where a double gate forms part of the swimming pool enclosure, one gate
shall be capable of being fixed in a closed and locked position.
4.4
TEMPORARY ENCLOSURES
4.4.1
An outdoor swimming pool, while under construction, shall be completely
enclosed by a temporary enclosure as defined herein, except where the
swimming pool enclosure requirements have been satisfied.
4.4.2
A temporary enclosure shall:
(1)
consist of a 1.07m [42 in.] high plastic mesh fence having mesh
openings not greater than 50mm [2 in.] and supported by steel T-bar
posts located a maximum of 2.4m [7.9 ft.] apart and with a nine [9]
gauge galvanized steel wire located at the top and bottom of such
fence; or
(2)
be constructed of material that will provide an equivalent or greater
degree of safety referred to in article 4.4.2(1) above, and which has
been approved by the Chief Building Official.
- 14 -
4.5
MAINTENANCE
4.5.1
The owner of any lands on which an outdoor swimming pool is located or
erected shall maintain a swimming pool enclosure around the entire
swimming pool area, in accordance with the provisions of this by-law.
4.5.2
No person shall place water, or cause water to be placed, in an outdoor
swimming pool, unless the swimming pool enclosure described by this by-law
is maintained in accordance with the provisions of this by-law.
4.5.3
Every swimming pool enclosure, and temporary enclosure, shall be
maintained in such a manner and to such an extent as to ensure, at all times,
maximum security and protection against entry to the outdoor swimming pool
by unauthorized persons.
4.5.4
No person shall keep an outdoor swimming pool or private spa unless it is
maintained in good repair and working condition.
4.5.5
No person shall cause or permit an outdoor swimming pool or private spa to
contain standing water for a period in excess of three (3) days.
SECTION 5
ADMINISTRATION AND ENFORCEMENT
5.1
ENFORCEMENT
5.1.1
The Chief Building Official or an Officer may inspect the property for the
purpose of determining whether there is compliance with any provision of this
by-law.
5.1.2
Every owner or occupant shall permit the Chief Building Official or an Officer
employed by the City, upon production of identification and for the purpose of
the inspection by the City, to inspect the property for the purpose of article
5.1.1.
5.1.3
Where an owner fails to erect or maintain the swimming pool enclosure,
including gates and entrances, in accordance with the provisions of this by-
law, or causes or permits water to either remain or be placed in an outdoor
swimming pool which is not enclosed by a swimming pool enclosure
maintained in accordance with this by-law, the Chief Building Official may
immediately, at the expense of the owner:
(1)
erect or repair the swimming pool enclosure in accordance with the
provisions of this by-law; or
(2)
remove all water from the outdoor swimming pool until such time as the
required swimming pool enclosure is erected or maintained in
accordance with the provisions of this by-law.
- 15 -
5.1.4
Where an owner fails to erect or maintain a temporary enclosure in
accordance with the provisions of this by-law, the Chief Building Official may
immediately, at the expense of the owner, erect or repair the temporary
enclosure in accordance with the provisions of this by-law.
5.1.5
The City may recover the expenses incurred in undertaking the work
described in articles 5.1.3 and 5.1.4 by action or by adding the costs to the
tax roll for the property and collecting them in the same manner as taxes in
accordance with Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended.
5.2
NOTICE OF NON-CONFORMITY
5.2.1
An Officer who, upon inspection, finds a condition or conditions that do not
conform to the standards as prescribed by this by-law, may issue an Order to
the owner and such other persons as he deems appropriate, identifying the
non-conforming condition or conditions and directing that the non-conforming
condition or conditions be corrected.
5.2.2
An Order as described in article 5.2.1 shall be served upon the owner and
any other person to whom the Order is directed.
5.2.3
Service of the Order described in article 5.2.1 upon the owner or other
person, shall be by way of personal service or by way of prepaid first class
post to the last address known to the City for that owner or person.
5.2.4
An Order as described in article 5.2.1 may be served by posting the Order in
a conspicuous place upon the property upon which the instance of non-
conformity was found by the inspector.
5.3
PENALTIES
5.3.1
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to fines as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended, and as set out in Schedule
'A' to this by-law.
5.3.2
No person shall hinder or obstruct an Officer, appointed under this by-law or
employed to enforce this by-law, from carrying out an inspection of the
property.
5.4
VALIDITY
5.4.1
Should a court of competent jurisdiction declare a portion or the whole of any
provision of this by-law to be invalid or of no force and effect, the provision or
part is deemed severable from this by-law, and it is the intention of Council
that the remainder survive and be applied and enforced in accordance with its
terms to the extent possible under the law so as to protect the public.
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5.4.2
Where a provision of this by-law conflicts with the provision of another by-law,
Act, or regulation in force with the City of Niagara Falls, the provisions that
establish the higher standards to protect the health and safety of persons
shall prevail.
5.4.3
Notwithstanding the provisions of article 5.4.2, where a provision of this by-
law conflicts with the provision of any other City of Niagara Falls by-law
relating to fencing, the provisions of this by-law will prevail as they relate to
enclosing outdoor swimming pools, unless otherwise provided.
5.5
TRANSITION RULES
5.5.1
After the date of the passing of this by-law, those by-laws identified under
subsection 6.1 shall apply only to those properties in which an application for
permit has been submitted prior to the date of passing of this by-law, and then
only to such properties until such time as the work permitted under any issued
permit for those applications, has been completed.
SECTION 6
ENACTMENT AND REPEAL
6.1
BY-LAWS TO BE REPEALED
6.1.1
By-law No. 73-159, 73-186, 79-115, 80-131, 81-65, 1992-254, 1995-276,
1996-238 are hereby repealed.
6.2
DATE OF ENACTMENT
6.2.1
This by-law shall come into force and effect on the day after it is passed.
Passed this thirteenth day of May, 2014.
........................................................
.........................................................
DEAN IORFIDA, CITY CLERK
JAMES M. DIODATI, MAYOR
First Reading:
May 13, 2014
Second Reading:
May 13, 2014
Third Reading:
May 13, 2014
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'SCHEDULE A'
TO BY-LAW 2014-DRAFT
A.1
DEPOSITS
A.1.1
A performance / security deposit is collected by the City to provide securities
for any potential damage that may occur to municipal property through the
course of the permitted outdoor swimming pool installation. Furthermore, the
deposit is also held for the assurance that all necessary inspections are
completed throughout the duration of the installation and finally to ensure that
the permit file can be appropriately closed at the conclusion of the works.
A.1.2
An applicant shall be required to submit a performance / security deposit of
$750 with each permit application for an In Ground Outdoor Swimming Pool.
A.1.3
Performance / security deposits shall not be required for the installation of
Seasonal Outdoor Swimming Pools or Above Ground Outdoor Swimming
Pools.
A.1.4
Forfeiture of the Performance / Security deposit, due to additional
administrative or inspection costs, may result when more than five (5) years
has lapsed from the date of the last documented inspection.
A.2
REFUNDS
A.2.1
As the established permit fees are minimum fees based on the review and
inspections costs for the administration of the permits, there shall be no
available refund of permit fees.
A.2.2
The deposits identified above shall be held as security by the City until the
work for which the permit has been issued has been completed in accordance
with the stipulated requirements of the permit to the satisfaction of the Chief
Building Official. The applicant shall be responsible for any damage to
municipal property or any restriction and associated costs of any such
damage or repair may be deducted by the City in addition to any other
available remedy or penalty.
A.2.3
Should the cost of repairs exceed the value of the deposit held, the City shall
invoice the applicant for the amount in excess of the deposit, and if such
invoice is not paid by the stipulated due date, the City may recover the costs
by action or by adding the costs to the tax roll of the property to which the
permit relates, and collecting them in the same manner as taxes according to
Section s.1 (2.1) of the Municipal Act.
A.2.4
Should the deposit not be required to be called upon during the duration of
the project, they will be released as follows upon successful completion of the
project in accordance with the approved permit documents which results in a
closure of such permit file.