By-law 2020-16 to Regulate the Enclosure for Privately-Owned Outdoor Swimming Pools and Spas
North Dundas, Ontario
· adopted 2020-07-14
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THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS
BY-LAW No. 2020-16
Being a By-law to regulate the enclosure for privately-owned outdoor swimming
pools and spas within the Township of North Dundas.
WHEREAS Section 11(2) of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes
a municipality to pass by-laws concerning the health, safety and well-being of
persons;
AND WHEREAS Section 11(3) of the Municipal Act, S.O. 2001, c. 25, as amended,
authorizes a municipality to pass by-laws respecting structures, including fences;
AND WHEREAS Section 8(3) of the Municipal Act, S.O. 2001, c. 25, as amended,
authorizes a municipality to regulate or prohibit in respect of matters within their
jurisdiction, including fences, and to require persons to obtain permits and provide
for a system of obtaining permits in relation to those matters;
AND WHEREAS Section 391(1) of the Municipal Act, S.O. 2001, c. 25, as amended,
authorizes a municipality to pass by-laws imposing fees or charges on persons for
services or activities provided or done by or on behalf of it, including permit fees
for pool enclosure permits;
AND WHEREAS the Council of The Corporation of the Township of North Dundas deems
it necessary to require fences and gates to be erected and maintained around
pools and spas;
NOW THEREFORE the Council of The Corporation of the Township of North Dundas
hereby enacts as follows:
1.0
SHORT TITLE
1.1
This By-law may be referred to as the "Pool Enclosure By-law" or the
"Swimming Pool By-law."
2.0
DEFINITIONS
2.1
For the purposes of this By-law, the following definitions shall apply:
"Building" means any structures used or intended for supporting or
sheltering any use or occupancy.
"Building Inspector" means an inspector appointed pursuant to subsection
3(2) of the Ontario Building Code Act,1992 and by By-law of the Township for
the purpose of enforcement of the Act.
"Chief Building Official" means the Chief Building Official appointed
pursuant to subsection 3(2) of the Ontario Building Code Act and by By-Law
of the Township for the purposes of enforcement of the Act.
"Council" means the Council of The Corporation of the Township of North
Dundas.
"Elevated Deck" means a deck that is constructed more than 610 mm (24")
above grade and is adjacent to a pool or spa, allowing direct access;
"Enclosure" means any combination of fence, wall or other structure,
including doors and gates, surrounding a pool, spa or other body of water to
restrict access thereto.
"Fence" means a structure or partition made of wood, metal or other
substance and erected for the purpose of enclosing a piece of land, to guard
an area against entry, or to divide a piece of land into distinct partitions, and
includes doors, gates and other closures. For the purposes of this By-law, a
cedar hedge or any other organic material shall not be considered as part of
a fence.
"Finished Grade" means the elevation of the average finished surface of the
ground where it abuts a fence or structure.
"Gate" means part of a fence that is removable, swinging, sliding or
otherwise used as a barrier to block or close an access area. A gate may
include a door.
"Municipal Law Enforcement Officer" means a person appointed by the
Township under Section 15 of the Police Services Act, R.S.O. 1990, c. P.15.
"Officer" means the Chief Building Official, a Building Inspector or a
Municipal Law Enforcement Officer.
"Permit" means written permission or written authorization from the Chief
Building Official to erect an enclosure around pool or spa as regulated by this
By-law;
"Pool" or "Swimming Pool" means an artificially created body of water
intended for swimming, bathing, wading or reflecting, and is capable of
retaining water depth greater than 610 mm (24") but shall exclude the
following:
a) a storm water management system;
b) facilities or ponds used for water hazards or irrigation at a golf course;
c) pools located completely inside of a building;
d) facilities for the purposes of providing water to livestock;
e) for irrigation of crops which are associated and located on land
devoted to the practice of farming; and,
f) under the jurisdiction of the Building Code.
"Pool Deck" means a deck that is adjacent to a pool, allowing access to the
pool.
"Pool Equipment" means water circulation or treatment equipment such as
pump, filters, and heaters.
"Owner" means the registered owner of a property, a lessee, a tenant,
mortgagee in possession or person otherwise in charge of any property,
acting as the authorized agent of the owner.
"Self-latching Device" means an automatic latching device attached to a
fence, gate or door which prevents access from the outside.
"Self-closing Gate" means a device or combination of devices, spring or
hinges capable of returning the enclosure to a closed and latched position
after each use.
"Spa" means a hot tub of varied forms, provided with hydro-jets and holes
by which escapes compressed air, the water of which is warmed and in
continuous movement.
"Storm Water Management System" means any manmade or natural
facility designed for the treatment, retention, infiltration or control of storm
water, including drainage works and retention ponds.
"Temporary Fence" means a fence which complies with all of the following
requirements:
a) shall be a minimum of 1.2 metres in height;
b) shall, if made of chain link, plastic mesh or wire fencing, have no
openings greater than 50 mm (2");
c) shall have vertical support by T-bar posts or similar posts at a
maximum separation distance between posts of 2.4 metres;
d) shall have a horizontal support near the top and bottom of the fence,
which shall be wood, wire or rope; which will ensure the fence is kept
tight between posts; and,
e) shall not have clearance from the surface below.
"Township" means The Corporation of the Township of North Dundas.
3.0
GENERAL REQUIREMENTS
3.1
Every owner of a privately-owned outdoor pool or spa shall ensure that an
enclosure around such pool or spa is constructed and maintained according
to the provisions of this By-law.
3.2
No person shall place water in a pool or spa located within the Township
unless the prescribed enclosure or a temporary fence has been erected or
installed in accordance with the provisions of this By-law.
3.2.1
A temporary fence erected in accordance with the provisions of this
By-law will be permitted for a maximum period of fourteen (14) days,
at which point a permanent enclosure must be installed.
3.3
No person shall allow water to remain in a pool or spa located within the
Township unless the prescribed enclosures, gates and/or temporary fences
have been erected in accordance with the provisions of this By-law.
3.4
No person shall fill a pool or spa with water, or permit water to collect or
remain in a pool, until an Officer has conducted an inspection and confirmed
completion of the enclosure that fully complies with the provisions of this By-
law.
3.5
The owner or installer is responsible for obtaining the required permit from
the Electrical Safety Authority to do electrical connections.
3.6
No person shall replace an enclosure without a permit.
4.0
PERMITS
4.1
No person shall install or place a pool or spa on their property without first
obtaining a pool enclosure permit.
4.2
Despite subsection 4.1, a permit is not required in the case of a pool or spa
which has been dismantled and is being reconstructed in the same position,
manner, and size in which it was previously located provided that:
4.2.1
A permit was obtained for the original installation; and,
4.2.2
The reinstallation meets the requirements of all currently applicable
By-laws.
4.3
Where an enclosure is replaced, a permit shall be required.
4.4
Where an existing enclosure that was lawfully erected is repaired, a permit
shall not be required.
5.0
APPLICATION FOR PERMIT
5.1
To obtain a permit, the owner shall file an application by completing the
prescribed forms as outlined in Appendix "A" of this By-law.
5.2
Except as otherwise permitted by the Chief Building Official, every application
shall:
5.2.1
Identify and describe in detail the work to be covered by the permit
for which an application is being made;
5.2.2
Describe the land upon which the pool enclosure is to be
constructed;
5.2.3
Be accompanied by two (2) complete sets of plans showing details
of the enclosure as well as its relationship to property lines,
easements, waterbodies, water courses, buildings, decks, septic
systems, mechanical system, and fences;
5.2.4
Be accompanied by the fees as prescribed in section 6.0; and,
5.2.5
State the names, addresses, and telephone numbers of the owner
or authorized agent and the contractor performing the work.
5.3
At the discretion of the Chief Building Official, a permit may be deemed to
have been abandoned and cancelled six (6) months after the date of approval
if the work has not been completed.
5.4
Pertinent information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
work will comply with this By-law.
6.0
FEES & REFUND
6.1
The fees shall be in accordance with Schedule "B" of this By-law.
6.2
The fees shall be paid at the application stage.
6.3
In the event that the fees are not paid in full at the application stage, the
application will be deemed to be incomplete and will not be reviewed until
such payments are made.
6.4
Where an application has been submitted and not reviewed for compliance
and the applicant request to cancel their application, 75% of the fee may be
refunded.
6.5
Where an application has been submitted and reviewed for compliance and
the applicant has requested to cancel their application, 50% of the fees may
be refunded.
6.6
The fees shall increase annually on the first of March of each year with the
Statistics Canada Consumer Price Index (CPI) for all items in Ontario.
7.0
LOCATION OF POOL, SPA AND DECKS
7.1
No person shall install a pool, spa or pool deck closer than 1.5 m to a septic
tank or holding tank, and not closer than 5 m to a septic leaching bed.
7.2
No person shall permit a pool, spa or any of its components including
walkways, supporting structures, decking or concrete to encroach upon any
swale or drainage easement on any lot
7.3
Setbacks shall be in accordance with the applicable zoning By-law.
8.0
ENCLOSURES
8.1
Every owner of a pool or spa shall have an adequate enclosure erected in
accordance with the provisions of this section.
8.2
Every enclosure shall:
8.2.1
Be constructed and maintained in a structurally sound condition so
as to prevent access when the pool or spa is not in use;
8.2.2
Be constructed in such a manner as to reasonably deter children
from climbing;
8.2.3
Not have rails or any other horizontal or diagonal support or exterior
fixtures that might facilitate climbing;
8.2.4
Not have openings that could let in a spherical object with a diameter
of 100 mm (4") or more, except that chain link fences shall be limited
to 50 mm (2") per link; and,
8.2.5
not exceed 100 mm (4'') between the ground level and pool fence.
8.3
In the case of an in-ground pool, the enclosure shall be at least 1.52 m (60")
in height.
8.4
In the case of an above-ground pool, where the walls of the pool are less than
1.22 m (48") high above the finished grade for a distance of at least 610 mm
(24") from the wall:
8.4.1
The enclosure shall be at least 1.22 m (48") in height; or,
8.4.2
The walls of the pool can be extended with an approved
manufactured fence for a total height of at least 1.22 m (48") above
the grade.
8.5
In the case of a spa, an enclosure is not required provided that:
8.5.1
The spa is covered with a rigid and locking cover that prevents
access to the spa when not in use; and,
8.5.2
The cover to the spa shall be locked in a manner that would make it
impossible to remove except by the owner of the spa, when not in
use.
8.6
Barbed wire or fencing energized by electrical current, sharp projections or
any other dangerous characteristics shall not be used as an enclosure for a
pool or spa.
8.7
The enclosure must be situated at a distance of at least 1.22 m (48") from the
pool unless otherwise approved by the Chief Building Official.
8.8
No enclosure shall be located closer to 1.22 m (48") to any condition that
facilitates the climbing of the enclosure unless alternative measures are
implemented to provide an equivalent level of safety.
8.9
A hedge or bush shall not be considered to be an enclosure, or part thereof.
9.0
MAINTENANCE & STORAGE
9.1
Every person shall maintain every part of an outdoor swimming pool
enclosure in a structurally sound and upright condition to reasonably deter
children from climbing through, over or under to gain access to the enclosed
area.
9.2
No person shall place or store materials against the outside of a swimming
pool enclosure which could facilitate climbing through or over to gain access
to the enclosed area.
10.0 GATES
10.1 Any openings in an enclosure shall be protected by a gate.
10.2 Any exterior accesses in an enclosure leading to a terrace, patio, steps or
deck adjoining a swimming pool or spa shall be protected by a gate.
10.3 Gates in an enclosure shall:
10.3.1 Provide protection equivalent to the enclosure;
10.3.2 Be at least the same height as the enclosure;
10.3.3 Be equipped with a self-closing and self-latching device, and a lock
at the upper inside of the gate. The device must be installed at not
less than 1.22 m (48") in height proportionate to the finished ground
level or adjacent floor or step;
10.3.4 Be locked except when the enclosed area is in use and under
competent supervision; and,
10.3.5 Be of similar construction as that of the pool enclosure.
10.4 No person shall construct or maintain a two door gate access without one of
the two gates having a self-closing device and a self-latching device. The
door of this double gate access without a self-closing device and a self-
latching device must 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 then releasing the latch.
10.5 Except as provided in subsection 10.6, there shall be no space greater than
100 mm (4") where the gate meets the ground or any other surface.
10.6 Where an above-ground pool contains a ladder as the only means of access,
it will be permitted provided the following requirements are met:
10.6.1 The ladder and gate are manufactured and designed for above-
ground pools;
10.6.2 The ladder is an A-frame design;
10.6.3 The ladder can be enclosed by a cover that is lockable;
10.6.4 The cover provides the same protection as provided for in section
8.4; and,
10.6.5 Except for the lowest step located directly on the ground, no steps
are exposed.
10.7 No person shall have the wall of an attached or detached accessory building
as part of the required swimming pool enclosure unless the door or entrance
in that wall has a self-closing door equipped with a self-latching device (ie.
lockset) which shall be locked when the pool is not in use and under
competent supervision.
11.0 POOL EQUIPMENT
11.1 No person shall install pool's pumping, filtration or heating equipment:
11.1.1 Less than 1.2 m (48") from an interior side yard lot line or from a rear
yard lot line, as defined in the applicable Zoning By-law;
11.1.2 Less than 3.5 m (12 ft) from an exterior side yard lot line, as defined
in the applicable Zoning By-law;
11.1.3 In a front yard, as defined in the applicable Zoning By-law;
11.1.4 Less than 1.2 m (48") from the pool, unless it is installed under a
deck adjacent to the pool or located within the pool enclosure; and,
11.1.5 In such a manner so as to facilitate climbing to access the pool.
11.2 When the pool's equipment is located within 10 meters (33 ft) of a
neighbouring habitable dwelling:
11.2.1 No person shall fail to enclose the equipment to reduce or divert
noise away from such habitable dwelling.
12.0 DECKS
12.1 Any deck or platform that is part of an enclosure shall:
12.1.1 Have a guard and handrail that meet the minimum height
requirements of the Ontario Building Code;
12.1.2 Be designed in such a manner so as to not create a means of
climbing to access the pool or spa;
12.1.3 Have no space greater than 100 mm (4") between any parts of the
deck assembly; and,
12.1.4 Where a new deck is being proposed and requires a building permit,
associated fees and application will be required in addition to the
enclosure permit.
12.2 Guards that meet the minimum height requirements of the Ontario Building
Code, but fail to meet the minimum height requirement of the enclosure shall
be made higher in order to meet the minimum standards of this By-law.
13.0 GROUND ELEVATION
13.1 No person shall install a pool or enclosure that alters in any way the existing
or approved stormwater drainage patterns of the lot.
13.2 The installation of any pool or spa shall include facilities to effectively conduct
backwater wash to a storm sewer, where available, or a drainage ditch, in
such a manner so as to prevent damage to adjacent properties.
14.0 NOTICE
14.1 Where an enclosure is not erected or maintained in accordance with any
provision of this By-law, a notice shall be sent by registered mail or by hand
to the owner of the land on which the pool or spa is located at their last known
address, requiring them to make the enclosure conform to the requirements
of this By-law and shall specify the time allowed for compliance.
14.2 If there is evidence that the person in possession of the property is not the
registered property owner, notice shall be served on both the registered
property owner and the person in possession of the property.
14.3 Where notice has been sent by the Township pursuant to subsections 14.1
and 14.2, of this By-law and the requirements of the notice have not been
complied with, the Township may, in addition to issuing set fines, cause the
work to be done, and may recover the expense of such work and
administration fees by action or in a like manner as municipal taxes.
14.4 Every person shall comply with a notice immediately.
15.0 ENFORCEMENT
15.1 This By-law shall be enforced by the Chief Building Official.
15.2 An Officer may enter upon land, at any reasonable time, for the purpose of
carrying out an inspection to determine whether any of the following are being
complied with:
15.2.1 The provisions of this By-law;
15.2.2 A notice sent pursuant to this By-law; or,
15.2.3 An order made under section 431 of the Municipal Act, S.O. 2001,
c25, as amended.
15.3 The Township, its employees, Officers and agents may enter onto the land,
at any reasonable time, for the purpose of carrying out the work described in
subsection 14.3.
15.4 No person shall hinder, obstruct, or attempt to hinder or obstruct, an Officer
in the exercise of a power or the performance of a duty.
16.0 OFFENCE
16.1 Any person who contravenes any provisions of this By-law is guilty of an
offence and, upon conviction, is liable to a fine as provided for by the
Provincial Offences Act., R.S.O. 1990, c. P.15, as amended.
16.2 Where a person is 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 other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
16.3 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 the By-law, and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
17.0 TRANSITION
17.1 Any pool, spa, fence or enclosure that was lawfully erected or constructed
prior to the passing of this By-law, shall be deemed to be in compliance.
17.2 Any pool erected without a pool enclosure must comply with the provisions
of this By-law.
18.0 REPEAL
18.1 Township of North Dundas By-law No. 25-2004 is hereby repealed in its
entirety.
19.0 SCHEDULE
19.1 Schedule "A" shall form part of this By-law.
20.0 EFFECTIVE
20.1 This By-law shall come into full force and effect upon the date of passing by
Council.
READ and passed in Open Council, signed and sealed this 14th day of July, 2020.
MAYOR
CLERK
Appendix "A"
PLANNING, BUILDING & ENFORCEMENT DEPARTMENT
636 St. Lawrence St, P.O. Box 489, Winchester, ON KOC 2KO
FOR OFFICE USE ONLY
Permit No ____
_
-
TOWNS HI P
OF -
North Dundas
Tel: 613-774-2105
Fax 613-774-5699
[email protected]
www.northdundas.com
APPLICATION FOR SWIMMING POOL ENCLOSURE PERMIT
THE TOWNSHIP OF NORTH DUNDAS
0 ABOVE-GROUND POOL
CONTACT INFORMATION:
APPLICANT NAME:
ADDRESS:
PHONE:
CONTRACTOR:
ADDRESS:
PHONE:
INSTALLATION DETAILS·
CIVIC ADDRESS:
ESTIMATED COST OF PROJECT:
LOT:
I CONCESSION:
YARD SETBACK (m):
FRONT
SIZE / DIAMETER OF POOL:
$
Water Supply: I Municipal
Well
0 IN-GROUND POOL
I EMAIL:
I EMAIL:
I ROLL#:
SIDE 1
SIDE 2
I Sewers:
Municipal
Description of Project & Projected Date of Installation :
SPA
REAR:
Septic
I/We hereby apply to The Corporation of the Township of North Dundas for permission to install a
swimming pool and enclosure, as described above, and do hereby agree to conform to the
Township's conditions, standards, and specifications governing pools and enclosures.
I DECLARE THAT I UNDERSTAND THE CONTENTS OF THE ATTACHED COPY OF BY-LAW No. **-2019:
NAME -------------------------------
SIGNATURE __________________
DATE ____________
_
FOR OFFICE USE ONLY
CONDITIONS:
APPROVAL:
DATE: __________ _
Jacob Forget, CBCO
AN INSPECTION MUST BE CONDUCTED PRIOR TO FILLING THE POOL WITH WATER
Please contact our office at least two (2) days in advance to schedule inspection
Page of 1 of 2
Appendix "A" (cont'd)
SWIMMING POOL ENCLOSURE PERMIT APPLICATION SITE PLAN
Show the following information on the drawings where applicable:
Location of Dwelling
Location of Pool or Spa
Location, Type, and Height of the Fence
Height of Pool Walls (for above-ground)
Location of pool equipment
Location of deck
-
All setback measurements from:
o
Property lines
o
Dwelling
o Accessory buildings
o
Septic holding tank
o
Septic distribution piping and leaching chambers
o Water bodies or watercourse
o
Easements
Page of 2 of 2
Schedule "B"
2024 Fees
The fees shall increase annually on the first of March of each year with the Statistics
Canada Consumer Price Index (CPI) for all items in Ontario.
1. The fee for a pool enclosure permit shall be based on the following types of
installation:
a) Spa
$58.34
b) Pool Enclosure
$116.75
c) Pool Enclosure (where a building permit is
$58.34
obtained for a deck serving the pool)
d) Enclosure Replacement
$93.41
2. Re-inspection fees are to be calculated in accordance with the Building Bylaw.
3. Re-inspection fees are subject to the discretion of the Chief Building Official.