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THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW NO. 2002-105
BEING A BY-LAW TO REGULATE FENCES
AND TO REQUIRE FENCES AROUND SWIMMING POOLS
WHEREAS Section 210 (30) of the Municipal Act, R.S.O. 1990, M.45,
as amended authorizes
Council to pass by-laws to require fences around swimming pools;
AND WHEREAS Section 210, subsections 21,25-30, of the Mtulicipal Act, R.S.O. 1990, M.45,
as
amended authorizes the Council to pass by-laws to regulate the construction of fences.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NORTH
BAY HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1.
For the purposes of this by-law:
(a) "Barrier" means a fence, privacy screen, sound barrier, retaining wall, safety barrier or
other accessory uses.
(b) "Chief Blrilding Official" means the Chief Bttildirtg Official appointed by the council of the
Corporation of the City of North Bay.
(c) "City" shall mean the Corporation of the City of North Bay.
(d) "Comt~1ercial Zone" shall mean a commercial zone as defined in the City of North Bay
Zoning By-Law.
(e)"Daylight Corner" means on any comer lot a triangular space measured along thefront yard
and the exterior side yard property lines for a distance of fifteen (1 5 ) feet (4.5 metres) from
their point of intersection
(f) "Fence" shall mean a barrier constructed of chain link or of wood , stone, metal or material
having an equivalent degree of strength to enclose and /or define property boundaries or to
enclose a swimming pool.
(9) "Front Yard" means a yard extending across the full width of the lot between the street line
and the face of the building and includes the exterior side yard on a comer lot.
(h) bbGare" shall be a swinging or sliding barrier used to fill or close an access and includes a
door.
(i) "llzrinstrial Zone" shall mean an industrial zone as defined in the City of North Bay Zoning
By-Law.
(j) "Privafe Swirnnzirzg Pool shall mean a privately owned indoor or outdoor pool of water,
other than:
(i) bathing beach,
(ii) a natural bathing area,
(iii) a hot tub that is above ground with a lockable cover, or
(iv) a wading or reflecting pool containing water not in excess of eighteen (1 8) inches
(0.45 metre ) in depth.
(k) "Residmtial Zone" shall mean a residential zone as defined in the City of North Bay
Zoning By-Law.
(1) "Rrrral Zone" shall mean a rural zone as defined in the City of North Bay Zoning By-Law.
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
GENERAL
No person shall construct, use or maintain or cause construction, use or maintenance of a fence
without a permit from the Chief Building Official.
The fee for a fence permit shall be as contained in the User Fee By-law.
A fence shall be erected in compliance with regulations as set forth by the zoning by-laws
and/or any other by-law which applies to a fence.
No person shall erect, construct, alter or maintain afence containing barbed wire, electricity or
any other material where there is a possibility that any person maybe injured thereby.
Barriers other than propertyfences shall conform to the Budding Code Act, S.O. 1992, c. 23, as
amended, or any successor thereof.
The Chief Building Official has the discretion to authorize a 15% variance in thefence height
for material, barbed wire or site grading conditions.
FENCES IN RESIDENTIAL ZONES
A fence in a residential zone:
(a) shall not exceed four (4) feet (1.2 metres) in height when located in thefront yard,
measured at the base (finished grade) to the top of thefence on the applicant's side,
(b) shall not exceed four (4) feet (1.2 metres) in height in the rear yard of lakefront properties
where access is provided from the rear yard to a public thoroughfare, measured at the base
(finished grade) to the top of thefence on the applicant's side,
(c) shall not exceed six (6) feet (1.8 metres) in height when located in the side or rear yards,
measured at the base (finished grade) to the top of the fence on the applicant's side,
(d) shall not exceed three (3) feet ( 0.9 metres) in height when located on a daylight corner,
measured at the base (finished grade) to the top of thefence on the applicant's side, and
(e) shall be constructed so as to permit at least 25% of thefern area , for the even passage of
air and light, uniformly distributed over the face of the fence.
Notwithstanding section 8(d), a four (4) foot (1.2 metre) chain linkfence is permitted a dayliglzr
corner in a residential zone, if:
(a) its posts are not more than three (3) inches (80 millimetres) in diameter, and
(b) it is made of wire having a maximum gauge of twenty-four (24) and a minimum mesh of
two (2) inches (50 millimetres).
FENCES IN COMMERCIAL. INDUSTRIAL or RURAL ZONES
Fences in a commercial, industrial or rural zone:
(a) shall not exceed six (6) feet (1.8 metres) in height when located in thefiont yard, measured
at the base (finished grade) to the top of thefence on the applicant's side,
(b) shall not exceed eight (8) feet (2.4 metres) in the side or rear yards, measured at the base
(finished grade) to the top of thefence on the applicant's side, and
(c) shall not exceed three (3) feet (0.9 metres) in height when located on a daylight corner,
measured at the base (finished grade) to the top of thefence on the applicant's side.
Notwithstanding section lO(c), a six (6) feet (1.8 metres) chain link fence is Dermitted in a
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daylight corner, in a commercial, industrial or rural zone, if:
12.
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19.
(a) its posts are not more than three (3) inches (80 millimetres) in diameter, and
(b) it is made of wire having a maximum gauge of twenty-four (24) and a minimum mesh of
two (2) inches (50 millimetres).
A fence in a commercial, industrial, or rural zone may, upon approval by the Chief Bzrilditlg
Ofjicial, be constructed with barbed wire or low voltagefeming and such approved barbed wire
fencing must:
(a) have a maximum of three strands of barbed wire, and
(b) the first strand must be located at the top of the fence no less than eight (8) feet (2.4
metres) from the grade.
Notwithstanding sections 10, 11 and 12, where a commercial or industrial zone abuts a
residential zone, thefence shall be constructed in accordance with the requirements of sections
8 and 9 of this by-law.
PRIVATE SWIMMING POOLS
Every private switmtirzgpool shall be protected by a fence which complies with this by-law.
No person shall construct, use or maintain or cause construction, use or maintenance of a
private swinznzirlgpool in the City unless the area in which the swimming pool is located is
completely enclosed by fencing in compliance with the requirements of sections 16, 17, 18, 19
20 and 21 of this by-law.
Every fence constructed or used to enclose aprivate swinmirzgpool including gates , shall have
a minimum four (4) feet (1.2 metres) height measured at the base (finished grade) to the top of
the fence.
A fence forming all or part of aprivrrte swimmingpool enclosure:
(a) shall be vertically boarded wood construction, chain link construction, masonry, plastic,
metal construction or a material having an equivalent degree of strength,
(b) shall have no rails or other horizontal or diagonal bracing or attachments on the outside that
may facilitate climbing, however this subsection shall not apply to prevent the construction
or maintenance of a fence containing horizontal rails bracing members which are spaced a
minimum of thirty-two (32) inches (0.8 metres) on center,
(c) shall have no opening with a horizontal dimension greater than three (3) inches (75
millimetres), and
(d) shall have no device for projecting electric current through thefence.
Gates forming part of a private swimming pool enclosure:
(a)
shall be of the same construction and height as that required for the fence,
(b)
shall be supported on substantial hinges, and
(c)
shall be equipped with a self-closing and self-latching device which must be placed at
the top on the pool side of the gate.
The provisions of this by-law requiring the erection of a fence shall not apply if the outside
walls of the private swimming pool are elevated at least four (4) feet (1.2 metres) above the
grade of the ground abutting such walls provided that the exterior surface of the walls are so
constructed as not to facilitate climbing and each entrance to the pool is protected with a gate
complying with the requirements of section 18.
20.
21.
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24.
25.
26.
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Afence erected on the property lines which complies with the provisions of sections 16, 17 and
18 shall be deemed a sufficientfence if it completely encloses the yard in which the swimming
pool is located.
A wall or walls of a building or buildings may form part of such swimming poolfence,
provided that all openings affording access from a building directly to an enclosed swimming
pool area, are equipped with a locking device located not less than four (4) feet (1.2 metres)
above the bottom of the floor.
The provisions of this by-law shall apply to all private swimtnirlgpools regardless of the date of
construction of such private swimming pool.
Where,
(a)
the owner of the land upon which aprivate swinznlingpool is constructed, used or
maintained has not constructed or maintained a fence according to the terms of this by-
law, and
(b)
the owner has been given twenty-four (24) hours notice in writing by personal service or
five (5) days notice by registered mail of the default in compliance with the terms of this
by-law;
then the Chief Building Official may at the expense of the landowner undertake such work as is
required to remedy the default on an emergency basis.
The City may recover the expenses incurred pursuant to section 23 hereof by action or in like
manner as municipal taxes.
ENFORCEMENT
This by-law shall be enforced by the Chief Building Official and the Building Department of the
City.
PENALTIES
Any person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided for under the Provincial Offences Act, R.S.O. 1990, c.
P.22, as amended, or any successor thereof.
By-law No. 33-88 is hereby repealed.
READ A FIRST TIME IN OPEN COUNCIL THE 26T" DAY OF AUGUST, 2002.
READ A SECOND TIME IN OPEN COUNCIL THE 26T" DAY OF AUGUST, 2002.
READ A THIRD TIME IN OPEN COUNCIL AND ENACTED AND PASSED THIS 26TH DAY OF
AUGUST, 2002.
A
DEPuTYeITY CLERK
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W: OLICl~RMS\COOVOO2\CNB\1:ENCE\0002.doc