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Consolidated Version as of March 28, 2022 - Amended by By-law Nos: 2009-
149, 2011-137, 2019-030, 2021-038, 2022-031
THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2006-071
A by-law to regulate pool enclosures within the Town of
Oakville
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the
"Municipal Act") authorizes a municipality to pass by-laws respecting fences;
AND WHEREAS section 9(3) of the Municipal Act authorizes a municipality to regulate
or prohibit matters pertaining to fences and as a part of that power, to provide for a
system of approvals and to impose conditions as requirements of obtaining, continuing
to hold or renewing the approval;
AND WHEREAS section 130 of the Municipal Act authorizes a municipality to regulate
matters related to health, safety and well-being of the inhabitants of the municipality;
AND WHEREAS section 427 of the Municipal Act authorizes a municipality to direct a
matter or thing to be done under a by-law to be done at the person's expense should
the person fail to do so, and to recover the costs of doing the thing or matter by action
or by adding the costs to the tax roll and collecting them in the same manner as taxes;
NOW THEREFORE THE COUNCIL ENACTS AS FOLLOWS:
PART 1
DEFINITIONS AND INTERPRETATION
1.
In this by-law:
(a.i)
"Administrative Penalties for Non-Parking Violations and
Orders By-law" means By-law 2021-038, or successor by-laws; (By-law
2021-038)
(a)
"Director" means the Director of Development Engineering of the Town
of Oakville, or any successor to that position, or that person's
designate(s); (By-law No. 2019-030)
By-law Number: 2006-071
Page 2
(b)
"effective ground level" at any location means the highest level of the
ground within 1.2 metres (4 feet) measured horizontally in any direction
from the location under consideration;
(b.1) Deleted by By-law 2021-038
(c)
"hot tub" means a hot tub, Jacuzzi, whirlpool, or spa;
(d)
"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 0.61 m (2 ft.) at any point;
(d.1) "Officer" means any person authorized by the Corporation of the Town
of Oakville to enforce by-laws and includes Municipal Law Enforcement
Officers, provincial offences officers, Halton Regional Police Officers;
(By-law No. 2019-030)
(e)
"owner" of a property includes the registered owner of the property and
any lessee, tenant, mortgagee in possession, or person occupying or in
charge of the property;
(e.1) "penalty notice" means a notice issued pursuant to the provisions of
the Administrative Penalties for Non-Parking Violations and Orders By-
law; (By-law No. 2021-038)
(f)
"permit" or "pool enclosure permit" means a permit issued under this
by-law;
(f.1)
"person" means an individual, firm, corporation, sole proprietorship,
association or partnership and includes an applicant for a permit under
this By-law as the context requires; (By-law No. 2019-030)
(g)
"pool" means any body of water, which is:
(i)
located outdoors on private property;
(ii)
wholly or partially contained by artificial means; and
(iii)
capable of holding water in excess of 0.61m (2 feet) in depth at
any point,
(iv)
an open exposed water surface of at least 1m2 (10.7 ft2);
and includes a hot tub or landscape pond meeting the above criteria, but
for purposes of this by-law does not include any pool which is:
(1)
a pond or reservoir to be utilized for farming purposes or as part
of a golf course,
By-law Number: 2006-071
Page 3
(2)
a pool owned by any public or governmental body, agency or
authority, or
(3)
an existing natural body of water or stream;
(4)
a privately owned stormwater management facility;
(h)
"pool enclosure" means a fence, wall or other structure, or combination
thereof, including any door or gate, surrounding a pool and restricting
access thereto;
(h.1) Deleted by By-law 2021-038
(h.2) Deleted by By-law 2021-038
(i)
"self-closing device" means a mechanical device or spring which
returns a pool enclosure gate to its closed position within 30 seconds
after it has been opened;
(j)
"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;
(k)
"temporary pool" means an inflatable pool or other pool which is
designed to be removed periodically on a seasonal or more frequent
temporary basis; and
(I)
"Town" means The Corporation of the Town of Oakville, or the territory
within its jurisdiction as the context may require.
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.
2.1
This By-law is a Designated By-law under the Administrative Penalties for
Non-Parking Violations and Orders By-law. (By-law 2021-038)
PART 2
GENERAL PROVISIONS
Administration - Director
3.
This by-law shall be administered by the Director.
By-law Number: 2006-071
Page 4
Application of By-Law
4.
Subject to Section 7, this by-law shall apply to all pool enclosures constructed,
existing or replaced, within the Town of Oakville.
5.
Except as noted in Section 6, in the event of any conflict between the provisions
of this by-law and any provision of the By-law 2002-034 (the Fence By-law), as
may be amended or replaced from time to time, the provisions of this by-law
shall prevail.
6.
Notwithstanding Section 5,
(a)
no conflict exists between the provisions of this by-law and the provisions
of any other by-law or approval if it is possible to comply with both by-
laws by choosing an alternate type, design or location for a pool
enclosure or pool.
(b)
nothing in this by-law permits the location of a pool, deck, platform or
other structure in a location which is not permitted under the Town's
Zoning by-law.
Existing Pool Enclosures
7.
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 1991-20, or any
predecessor to that by-law and has been maintained continuously in
accordance with those regulations.
8.
At such time as an existing pool enclosure is replaced or substantially altered,
the replacement or altered pool enclosure shall be constructed in accordance
with this by-law.
9.
Where an existing pool enclosure has enclosed a pool in accordance with the
regulations that existed prior to the effective date of this by-law, and has been
maintained continuously in accordance with those regulations, and that pool
enclosure also marks the boundary between abutting properties, the shared
portion of the pool enclosure between the abutting properties may form part of
a new pool enclosure for a pool on the abutting property which shall be deemed
to be in conformity with this by-law. All other portions of the new pool enclosure
that enclose the newly constructed pool shall meet the standards set out in this
by-law.
By-law Number: 2006-071
Page 5
PART 3
PROHIBITIONS
Prohibitions
10.
No person shall construct or install a pool, cause a pool to be constructed or
installed, commence the construction or installation of a pool without first
obtaining a pool enclosure permit from the Director.
11.
No person shall construct or install a pool or cause a pool to be constructed or
installed which is not completely enclosed by a pool enclosure in accordance
with this by-law.
12.
No person shall construct or cause to be constructed 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.
13.
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, other than an approved
temporary pool enclosure, meeting the requirements of section 25 of this
by-law; and
(b)
if the pool is a newly constructed pool, the Director has been notified and
the pool enclosure has been inspected and approved by the Town.
14.
No person shall remove any part of a pool enclosure if the pool is filled with
water.
15.
No person shall alter or replace a pool enclosure without having first obtained
a permit from the Director.
16.
No owner shall fail to ensure that:
(a)
all gates forming part of the pool enclosure meet the standards of this by-
law;
(b)
all entranceways to a pool enclosure through a wall of a main building
meet the standards of this by-law;
(c)
all gates forming part of a pool enclosure are locked when the area is not
in active use;
By-law Number: 2006-071
Page 6
(d)
the lockable lid of any hot tub is closed and locked when the pool area is
not in active use unless the hot tub is within a locked pool enclosure
meeting the requirements of this by-law.
17.
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.
18.
No person shall erect a fence adjacent to an existing pool enclosure that does
not comply with the requirements of this by-law.
PART 4
APPLICATIONS FOR PERMITS
19.
Every application for a pool enclosure permit shall be in a form specified by the
Director and accompanied by:
(a)
2 sets of plans showing the location of the pool, all proposed pool
equipment (such as filters, slides and heaters) and proposed landscape
features in relation to property lines, buildings (including decks and
sheds), and any easements;
(b)
complete details of the proposed pool enclosure, including the location
and type of proposed fence and gate; and
(c)
the permit fee(s) specified in Schedule "A";
(d)
the proposed access route for construction of the pool from any public
right of way to the proposed pool location;
(e)
if the proposed pool is within an unassumed plan of subdivision, the
written approval of the developer/owner of the subdivision.
20.
The Director shall issue a permit for a pool enclosure where the plans submitted
appear to comply the requirements of this by-law and all applicable regulations
and by-laws or approvals. Without limiting the generality of the foregoing, the
Director shall not issue the permit for the pool enclosure unless a site alteration
permit, if required, has been obtained and the proposed location of the pool and
pool enclosure complies with the Zoning By-law and any other applicable
regulations, by-laws or approvals.
PART 5
STANDARDS FOR POOL ENCLOSURES
21.
Every owner of a pool shall ensure that the pool is enclosed by a pool enclosure
that satisfies the following standards:
By-law Number: 2006-071
Page 7
(a)
Height: the pool enclosure shall extend from the ground to a height of
not less than 1.20 m (4 feet). Height shall be measured from the effective
ground level on the outside (not the pool side) of the pool enclosure;
(b)
Openings and Materials:
(i)
except as provided in (ii) and (iii), the pool enclosure shall not have
any openings that would allow the passage of a spherical object
having a diameter greater than 38 mm (1.5 inches);
(ii)
for pool enclosures which are not chain link fences or wood lattice,
where the pool enclosure is at least 1.52 m (5 feet) high and the
vertical distance between each horizontal rail measured from the
top of each rail is at least 1.22 m (4 feet), the openings in the pool
enclosure are permitted to be greater than 38 mm (1.5 inches) but
not greater than that which would allow the passage of a spherical
object having a diameter of 10 cm (4 inches); or
(iii)
for a pool enclosure which is a chain link fence, if the pool
enclosure is at least 1.83 m (6 feet) in height, the openings in the
pool enclosure are permitted to be greater than 38 mm (1.5
inches) but not greater than that which would allow the passage
of a spherical object having a diameter of 50 mm (2 inches);
(iv)
for a pool enclosure which is comprised of wood lattice, the wood
shall be at least 13 mm (0.5 inches) in thickness, with openings of
less than 38 mm (1.5 inches);
(c)
Horizontal Louvres: where a pool enclosure is constructed with
horizontal louvres,
(i)
the louvres may not have a separation exceeding 25 mm (1 inch)
measured at right angles to the two surfaces,
(ii)
shall be set at an angle of not less than forty-five degrees to the
horizontal; and
(iii)
shall slope upward toward the inside (pool side) of the enclosure;
(d)
Ground Clearance: the space at any point under the pool enclosure
must not exceed 50 mm (2 inches) and the ground beneath the enclosure
cannot be of loose gravel or other material which can be easily removed
so as to afford access under the pool enclosure;
By-law Number: 2006-071
Page 8
(e)
Framing and Braces: all horizontal structural members must be located
inside (pool side) of the enclosure to prevent easy climbing; and
(f)
Location: subject to section 21(g), the pool enclosure shall be located
(i)
not less than 0.61 m (2 feet) from any enclosure that does not
meet the requirements of this by-law; and
(ii)
for pools other than hot-tubs, on a level surface being not less than
.91 m (3 feet) from the water's edge of the pool, provided, if the
wall of a building is used as part of the pool enclosure, the wall of
the building shall be at least 1.22 m (4 feet) from the water's edge
of the pool; and
(iii)
for hot-tubs, not less than .91 m (3 feet) from the hot-tub, provided
if the wall of a building is used as part of the pool enclosure, the
hot tub may be placed against the wall.
(g)
Location (access points): any gate or entranceway forming part of a
pool enclosure shall be at least 1.52 m (5 feet) from the water's edge of
the pool.
GATES AND OTHER ACCESS POINTS
Gates
22.
Every owner shall ensure that every gate forming part of a pool enclosure:
(a)
is constructed in accordance with the standards prescribed in section 21
of this by-law;
(b)
is supported on substantial hinges, capable of supporting 90.72 kg (200
lbs) in body weight;
(c)
is equipped with a self-closing device;
(d)
is equipped with a self-latching device that is at least 1.22 m (4 feet)
above the established grade;
(e)
is equipped with a lock; and
(f)
does not have any member on the exterior face of the gate that would
facilitate climbing of the gate.
By-law Number: 2006-071
Page 9
23.
If the gate to the pool enclosure is a double gate access, made up of two gates
at the same location:
(a)
one of the two gates shall have a self-closing device and self-latching
device; and
(b)
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-moveable object, that prevents access through this gate
without lifting or removing this device and then releasing the latch.
Entrances through Buildings
24.
When a wall or portion thereof of any building located on the same property as
the pool forms part of the pool enclosure, no entrances to the enclosed pool
area are permitted through such wall, unless:
(a)
the entranceway is equipped with doors which are equipped with a bolt
or a chain latch at a minimum height of 1.83 m (6 feet) above the inside
floor level;
(b)
the care, control and maintenance of any such entranceway and safety
latch described in clause (a) of this subsection are provided by the owner;
and
(c)
the entranceway is located no closer than 1.20 m (4 feet) from the edge
of the water contained in the swimming pool and containing no stairs or
steps within.
TEMPORARY FENCE DURING CONSTRUCTION
25.
The owner shall ensure that temporary fencing meeting the requirements of this
section is in place during all phases of construction of the pool such that
unauthorized access to the site is prevented. Temporary fencing shall be of 1.22
m (4 foot) high snow fence, or such other fencing material with similar visibility,
height and rigidity as may be approved by the Director in writing, and shall be
securely attached at any openings when the area is left unattended.
26.
Notwithstanding Section 13 (a) of this by-law, if a pool enclosure is damaged
and requires replacement or repair, water may remain in a pool enclosed by a
temporary pool enclosure with the permission in writing of the Director pending
the replacement or repair of the pool enclosure, subject to any time limits which
may be imposed by the Director.
By-law Number: 2006-071
Page 10
PART 6
SPECIAL PROVISIONS AND PARTIAL EXEMPTIONS
Temporary Pools
27.
Notwithstanding Part 3 of this by-law if a pool enclosure permit has been
obtained with respect to the pool enclosure for a temporary pool, the temporary
pool may be reinstalled and refilled with water without additional permits or
inspects provided there have been no alterations to the pool enclosure.
Hot Tubs
28.
Notwithstanding Part 3 of this by-law, no permit or pool enclosure is required for
a hot tub which is:
(a)
equipped with a substantial cover, capable of holding 90.72 kg (200 lbs)
which is permanently fixed to the structure and which is locked to prevent
access when the structure is not in use; or
(b)
equipped with a guard meeting the requirements of Section 29 of this by-
law.
Above Ground Pools and Hot Tubs with Guards
29.
The pool enclosure for an above ground pool or hot tub need not comply with
Part 5 of this by-law provided:
(a)
the pool is surrounded by a platform or deck at least .61 m (2 feet) in
width;
(b)
a guard of not less than 1 m (3.3 feet) in height, measured from the
surface of the platform or deck is provided around any platform or deck;
(c)
the combined height of the exterior sides of the swimming pool structure
and any guard attached thereto is a minimum of 1.8 m. (5.9 feet) and a
maximum of 2.5 m (8.2 feet) in height above the effective ground level;
(d)
the exterior sides of the pool structure and any outside face of any guard
are constructed in a manner that will not facilitate climbing; and
(e)
the outside face of the pool structure, including any attached deck or
platform is at least 0.91 m (2.98 feet) from any lot line, or such larger
distance as may be required by the Zoning By-law;
(f)
access to the platform or deck is restricted by means of an entrance or
gate constructed in accordance with Part 5 of this by-law.
By-law Number: 2006-071
Page 11
Properties Abutting Lake Ontario
30.
Where a pool is installed on a property that abuts Lake Ontario and such
property has riparian rights, such property need not be enclosed along the Lake
provided that land access cannot be gained from any point and the remaining
lands surrounding the swimming pool are enclosed in accordance with the
requirements of this by-law.
PART 6.1 ORDER (By-law No. 2019-030)
30.1 Where an Officer has reasonable grounds to believe that a contravention of
this By-law has occurred, the Officer may issue an order to the person
contravening this By-law in accordance with the provisions of the
Administrative Penalties for Non-Parking Violations and Orders By-law. (By-
law 2021-038)
30.2 Any person who contravenes an order under this By-law is guilty of an offence.
30.3 Deleted by By-law 2021-038
PART 6.2 ADMINISTRATIVE PENALTIES (By-law No. 2021-038)
30.3 An Officer who finds or has reasonable cause to believe that a person has
contravened any provision of this By-law, including any Schedules, may issue
a penalty notice to the person.
30.4 Each person who has been issued a penalty notice shall, upon issuance of the
penalty notice, be liable to pay an administrative penalty to the Town in the
amount of $300 or as revised in the Town's rates and fees schedule.
30.5 If an Officer has issued a penalty notice under subsection 30.4 of this By-law
and has reasonable cause to believe that the same person has contravened
the same provisions of this By-law, including any Schedules, for a second time
within twenty-four (24) months of the date the first penalty notice is deemed to
be served, the Officer may issue a second penalty notice to the person.
30.6 Upon issuance of the second penalty notice, the person shall be liable to pay
an administrative penalty to the Town in the amount of $400 or as revised in
the Town's rates and fees schedule.
30.7 If an Officer has issued a penalty notice under subsection 30.6 of this By-law
and has reasonable cause to believe that the same person has contravened
the same provision of this By-law, including any Schedules, for a third or
subsequent time within twenty-four (24) months of the date the second penalty
By-law Number: 2006-071
Page 12
notice is deemed to be served, the Officer may issue a third or subsequent
penalty notice to the person.
30.8 Upon issuance of a third or subsequent penalty notice, the person shall be
liable to pay an administrative penalty to the Town in the amount of $500 or as
revised in the Town's rates and fees schedule.
30.8.1 A person who has been issued a penalty notice under this By-law may request
a review of the penalty notice in accordance with the Administrative Penalties
for Non-Parking Violations and Orders By-law. (By-law 2022-031)
30.9 - 30.24 Deleted by By-law 2021-038
PART 6.3 SERVICE OF ORDERS, PENALTY NOTICES, NOTICES (By-law No.
2021-038)
30.9 Service of any penalty notice, order, or any other notice may be given as
specified in the Administrative Penalties for Non- Parking Violations and
Orders By-law.
30.26 Deleted by By-law 2021-038
PART 6.4 INSPECTION (By-law No. 2021-038)
30.10 The Director or an Officer may, at any reasonable time, enter and inspect any
land to determine whether this by-law, an order under this bylaw or a condition
to a Permit issued under this by-law is being complied with.
30.11 It shall be an offence to obstruct or permit the obstruction of such inspection.
PART 7
ADMINISTRATION
Penalties
31.
Every person who contravenes any provision of this By-law is guilty of an
offence, and is liable upon conviction to a fine under the Provincial Offences
Act, of not more than $5,000.00 exclusive of costs.
PART 8
OTHER
Schedules
32.
All Schedules referred to and attached to this by-law shall be deemed to be part
of this by-law.
By-law Number: 2006-071
Page 13
Severability
33.
If a court of competent jurisdiction declares any provisions or part of a provision
of this by-law to be invalid or to be of no force and effect, it is the intention of the
Council in enacting this by-law that each and every other provision of this By-
law authorized by law, be applied and enforce in accordance with its terms to
the extent possible according to law.
Short Title
34.
This by-law may be referred to and cited as the "Pool Enclosure By-law".
Repeal
35.
By-law 1991-20, as amended by By-law 1991-205 and By-law 2002-155, is
hereby repealed. References in any other by-law, condition of approval, or
agreement to By-law 1991-20 shall be deemed to be references to this bylaw.
PASSED by the Council this 20th day of March, 2006
______________________________
____________________________
MAYOR
CLERK
By-law Number: 2006-071
Page 14
SCHEDULE "A"
Permit Fees for Pool Enclosures
(By-law No. 2011-137)
The fee established as part of the annual Budget process shall be paid to The
Corporation of the Town of Oakville for permits issued for the following activities
related to permits issued under the Pool Enclosure By-law:
Activity
______________________________________________________________
- In-ground pools and landscaped ponds
- Above ground pools
- Temporary and inflatable pools
- Hot tubs
- Replacement/alteration of pool enclosure
- Additional inspections where required*
*Payment for additional inspections will be required if the pool enclosure is not in
compliance with the provisions of the by-law at the time that the applicant calls for the
final inspection. Inspector will not return to conduct another until the additional
inspection fee is paid.