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The Corporation of the Town of Orangeville
By-law Number 2026-030
A by-law to regulate the protective enclosure of privately owned
outdoor swimming pools
Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("The
Municipal Act, 2001 ") provides a municipality with the broad authority to
pass by-laws necessary or desirable for municipal purposes; and
Whereas Section 9 of the Municipal Act, 2001 provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the
purposes of exercising its authority under this or any other Act; and
Whereas Subsection 10 (2) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting matters within the spheres of
jurisdiction set out therein; and
Whereas Subsection 11 (2) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting the health, safety and well-being
of persons; and
Whereas Section 425 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes
the Corporation of the Town of Orangeville to pass by-laws providing that a
person who contravenes a by-law of the Corporation of the Town of
Orangeville passed under that Act is guilty of an offence; and
Whereas Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes
Council to pass a by-law enabling the municipality to do such matter or
thing at the person's expense when that person fails to do what they are
required or directed to do by by-law or otherwise, and to recover the costs
of such action from the person by adding the costs to the tax roll and
collecting them in the same manner as taxes;
Now therefore be it resolved that the Council of The Corporation of the Town
of Orangeville hereby enacts as follows:
By-law 2026-030
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Table of Contents
1.
Short Title ......................................................................................................................... 3
2.
Definitions......................................................................................................................... 3
3.
Administration and Enforcement .................................................................................. 4
4.
Pool Enclosure Permit ..................................................................................................... 4
5.
Plans and Specifications ...................................................................................... ........... 6
6.
Fees and Refunds ............................................................................................................ 6
7.
Pool Enclosure Compliance ............................................................................................ 7
8.
Pool Enclosure Standards ....................................................................................... .......7
9.
Inspection ....................................................................................................................... 11
10.
Orders ............................................................................................................................. 11
11.
Penalties ......................................................................................... ................................ 12
12.
By-law Repealed ........................ ....................................................................................13
By-law 2026-030
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1. Short Title
This By-law may be cited as the "Pool Enclosure By-law".
2. Definitions
In this By-law:
2.1.
"Agent" means a person duly authorized by the Owner in writing to
act for or represent the Owner of a property on which a pool is being
constructed or is located, and contractor or trustee shall mean the
same.
2.2.
"Authority having jurisdiction" means the Chief Building Official and
any Building Inspector authorized by the Chief Building Official to
administer this by-law.
2.3.
"Building Inspector" means an inspector appointed by the Chief
Building Official to inspect buildings and structures pursuant to the
Building Code Act and Designate shall mean the same.
2.4.
"Chief Building Official" or "CBO" means the person appointed by
the Council of the Town to administer the Building Code pursuant to
the Building Code Act.
2.5.
"Enclosure" means a fence, wall or other structure or thing, including
gates and doors, which surrounds the perimeter of a pool which would
discourage the entry of a person into the enclosed area but shall not
include vegetation, trees and/or hedges or the like.
2.6.
"Gate" means a barrier swinging on the vertical axis used as a means
to gain access to the enclosed area.
2. 7.
"Finished Grade" means the highest level of the ground within 1.524
metres (5'-0") measured horizontally from the outer-most surface of
the enclosure or structural support of the pool. "Ground Level" and
"Finished Ground Level" and any other similar reference shall mean
the same.
2.8.
"Owner" means a lawful owner of the property upon which the pool
enclosure is proposed.
2.9.
"Permit" means a permit issued under this By-law. "Pool Enclosure
Permit" shall mean the same.
2.10. "Person" means a natural person, firm, partnership, corporation or
association and includes the Owner.
2.11. "Pool" or "Swimming Pool" means a privately-owned outdoor body
of water, contained in a container that is artificial, manufactured or
assembled; capable of retaining water measuring more than 600mm
By-law 2026-030
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(23 5/8 inches) in depth at any point, and capable of being used for
swimming, bathing, diving or wading, and includes manufactured
swimming pools, both above-ground and in-ground; custom built
pools; outdoor pools used for display or commercial purpose; garden
or fishponds used as landscaping features with plant materials grown
in and around the pond and temporary pools such as an inflatable pool
or other pool which is designed to be removed periodically on a
seasonal or more frequent temporary basis. This definition does not
include naturally formed depressions in the ground or public swimming
pools as defined and regulated by the Ontario Building Code.
2.12. "Spa" means hot tubs, spas, whirlpools, swim spas and hydro
message pools and other similar spas.
2.13. "Town" means the Corporation of the Town of Orangeville.
3. Administration and Enforcement
3.1.
The Chief Building Official shall be responsible for the administration of
this by-law.
3.2.
The Clerks Division shall be responsible for the enforcement of this by
law.
3.3 .
This by-law shall apply to all private pools and pool enclosures not
subject to the requirements of the Building Code Act and the Ontario
Building Code, Division A, Part 1 Designated Structures:
3.3.1.
Sentence 1.3.1.1.(l)(i) outdoor pool, and
3.3.2.
Sentence 1.3.1.1.(l)(ii) outdoor public spa
3.4.
Conflict with Other By-laws
3.4.1. Where there is a conflict between this by-law and any other
By-law in the Town of Orangeville regarding the rigidity, climb
ability and/or height of fences, the provision of this By-law
shall prevail.
3.4.2. No conflict exists between the provisions of this By-law and the
provision of any other by-law, approval and/or permit if it is
possible to comply with both by-laws dependent on the
proposed type, design or location of the pool enclosure, pool
and/or spa.
4. Pool Enclosure Permit
4.1.
No person shall excavate for, erect or install a pool, or cause the
excavation for, erection of or installation of a pool unless a permit for
the pool enclosure has been issued by the Chief Building Official.
By-law 2026-030
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4.2.
To obtain a pool enclosure permit, an applicant shall apply through the
Town's online portal and shall supply any other information relating to
the application as required by the Chief Building Official.
4.3.
Every pool enclosure permit application shall:
4.3.1. describe the land on which the work is to be done, by a
description that will readily identify and locate the site on
which the pool will exist;
4.3.2. be accompanied by plans, sketches and specifications about
the pool enclosure as described in this by-law;
4.3.3. be accompanied by the required fees as determined in
accordance with the Town of Orangeville Fees By-law.
4.3.4. state the name, address, telephone number, and email address
of the applicant.
4.3.5. be digitally acknowledged online by the applicant who shall
certify as to the truth of the contents of the application.
4.4.
The Chief Building Official shall, where the conditions in the Subsection
4.3 above have been fulfilled to the satisfaction of the Chief Building
Official, issue a pool enclosure permit to the applicant unless:
4.4.1. the proposed pool or pool enclosure will contravene this by-law
or any other applicable law;
4.4.2. Permits required from other divisions related to the project
have not been obtained;
4.4.3. the application for it is incomplete; or
4.4.4. any fees due are unpaid.
4.5.
An incomplete application or an application awaiting revisions may be
deemed to be abandoned and will be cancelled if the applicant has not
made satisfactory progress within 60 days of being notified by the
Chief Building Official or designate.
4.6.
Where the subject property is located in an unassumed subdivision,
final lot grading certification or written approval from the developer is
required prior to permit issuance.
4. 7.
A pool enclosure permit is not required for a swimming pool which has
been dismantled or deflated and is being reconstructed, placed, or
erected in the exact location in which it was previously constructed,
erected or placed provided that a pool enclosure permit was obtained
for the original installation, and the required swimming pool enclosure
remains in compliance with this by-law.
By-law 2026-030
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5. Plans and Specifications
5.1.
Every applicant shall furnish:
5.1.1. sufficient plans, specifications, documents and other
information to enable the Chief Building Official or designate to
determine whether the proposed pool enclosure conforms to
this by-law and any other applicable laws;
5.1.2 . a site plan referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such a survey
shall be provided with the municipality unless this requirement
is waived because the Chief Building Official or designate is
able, without having a current plan of survey, to determine
whether the proposed pool and pool enclosure conforms to this
by-law and any other applicable laws. The site plan shall
include:
a) lot size and dimensions of the property;
b) setbacks of the pool and pool enclosure from existing and
proposed buildings and property lines;
c) existing and finished ground levels or grades, and
d) existing rights of way, easements and municipal services.
e) Parcel Register for related property
5.2.
Plans submitted shall be legible and be drawn to scale to the
satisfaction of the Chief Building Official or designate.
5.3.
Plans and specifications furnished according to this by-law become the
property of the municipality and will be disposed of or retained in
accordance with relevant legislation.
6. Fees and Refunds
6.1.
The CBO shall determine the required fees for the work proposed in
accordance with the Town of Orangeville Fees and Charges By-law, as
amended, and the applicant shall pay such fees, in addition to any
other fees applicable through other by-laws, regulations and
legislation.
6.2.
Upon receipt of a written request from the applicant to withdraw an
application for a pool enclosure permit prior to inspections taking
place, a refund of 50% shall be provided.
6.3.
The CBO shall refund 25% of the permit fee where the permit is
abandoned, cancelled, or revoked or if it is withdrawn after any
inspection has occurred.
By-law 2026-030
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6.4.
Should the town be required to obtain any title registers or
instruments in order to facilitate the issuance of a pool enclosure
permit, the costs to obtain such documents shall be the responsibility
of the applicant.
7. Pool Enclosure Compliance
7.1.
No person shall erect or install or cause to be erected or installed any
pool enclosure except in accordance with this by-law.
7 .2.
No person shall make a material change or cause a material change to
be made to a plan, specification, document or other information on the
basis of which a permit was issued without notifying, filing details with
and obtaining the authorization of the Chief Building Official.
7.3.
No person shall erect or install or cause to be erected or installed any
pool enclosure except in accordance with the plans, specifications,
documents and any other information on the basis of which a permit
was issued and any changes to them authorized by the Chief Building
Official.
7.4.
No person shall place water or allow water to be placed in any pool to
a depth of more than 600mm (23 5/8 inches) unless the pool is safely
enclosed by a pool enclosure that complies with the standards set out
in this by-law.
7 .5.
Every pool shall continue to be enclosed by a pool enclosure that
complies with the standards set out in this by-law so long as water
remains or is capable of remaining in the pool to a depth of more than
600mm (23 5/8 inches).
7 .6.
Every pool enclosure shall be locked when not attended.
8. Pool Enclosure Standards
8.1.
Every pool enclosure shall be designed, constructed and maintained so
as to discourage the entry of small children into the pool area.
8.2.
Enclosure Provisions: The following standards are deemed by the Town
to satisfy the intent of Article 8.(1) above:
8.2.1. HEIGHT - Every pool enclosure shall be not less than 1.524
metres (5'-0") in height measured from the finished grade or
any climbable structure, fixture or feature on the exterior side
of the pool enclosure, to the top of the pool enclosure.
8.2.2. RIGIDITY - Every pool enclosure shall be constructed and
maintained to be rigid and secure, able to resist any
reasonable lateral forces that may be applied to the enclosure
material within its minimum required height.
By-law 2026-030
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8.2.3. OPENINGS - Except as required for lattice and chain link
fences, no openings, spaces or gaps in the enclosure material
shall allow the passage of a spherical object having a diameter
of 102mm (4") within the enclosure's minimum required
height.
8.2.4. NON-CLIMBABLE - Within the enclosure's minimum required
height, no horizontal or diagonal components on the exterior
side of the pool enclosure shall be located so as to facilitate the
climbing of the enclosure. Horizontal or diagonal members
shall be tight fitting with no spaces between the components.
8.2.5. Subject to s. 8.2.4, no apparatus shall be located within 4 feet
of the exterior of the pool enclosure to maintain the non
climbability of such enclosure.
8.3.
Board Fences
8.3.1. All board material shall be of minimum 19mm thickness (1inch
nominal thickness).
8.3.2. All horizontal support rails shall be of minimum 39mm x 89mm
(nominal 2x4) material. All support posts shall be of minimum
89mm x 89mm (nominal 4x4) material spaced not more than
2.4 metres (8 feet) apart.
8.4.
Chain Link Fences
8.4.1. All chain link fences, posts and rails shall be of galvanized, or
vinyl coated material.
8.4.2. All chain link mesh material shall be a minimum of No. 14
gauge wire.
8.4.3. The openings of any chain link fencing material shall be not
greater than 1.25 inches x 1.25 inches in size.
8.4.4. The chain link mesh material shall be supported at the top and
bottom by an approved reinforcing cable or a rail.
8.4.5. Every chain link pool enclosure shall be supported by posts
that are not less than 38mm (1.5 inches) in diameter, spaced
not more than 2.4 metres (8 feet) apart.
8.5.
Gates and Doors
8.5.1. Single Gates: All gates and doors of the pool enclosure other
than from the property's dwelling unit, shall be kept in a
closed, secure and latched position at all times. All gates shall
be of equivalent construction and height as the minimum
requirements of the pool enclosure and shall be supported on
By-law 2026-030
Page 9 of 14
substantial hinges. Gates and doors shall be equipped with
lockable, self-closing hinges and self-latching hardware.
8.5.2. Double Gates: Double gates used in a pool enclosure shall
have one of the two gates equipped with lockable, self-closing
hinges and self- latching hardware. The other gate shall be
equipped with a securing device permanently affixed to the
ground or other non-moveable object, which will prevent
access through this gate without lifting or removing this device
and then releasing the hatch. This gate must be kept in a
closed, secure and latched position at all times.
8.6.
Above Ground Pools
8.6.1. Only the ladders or stairs providing access to an above ground
pool need be enclosed in accordance with this by-law provided
the following conditions are maintained:
a) The sides of an above ground pool shall be not less than
1.22 metres ( 4 feet) in height measured from the finished
grade and any climbable fixture or feature on the exterior
face of the pool wall to the top rail of the pool wall, as
determined at the time of the initial pool enclosure
approval.
b) Pumps, air conditioners, heaters, filters or other appliances
or equipment shall be located not less than 1.22 metres (4
feet) from the top rail of the pool walls or shall be enclosed
in accordance with this by-law.
c) Above ground pools that are surrounded by a platform or
deck mut be not less than 610mm (24 inches) clear width
and access to the platform or deck must be restricted by
means of a gate in accordance with this By-law.
d) Above ground pools that are surrounded by a platform or
deck shall be provided with a guard that is not less than
915mm (3 feet) in height measured from the platform or
deck.
e) Openings through guards shall be of a size that prevents
the passage of a spherical object having a diameter of
102mm (4").
f)
Guards shall be designed so that no member, attachment
or opening above the platform or deck will facilitate
climbing.
8.6.2. Above ground pools that are provided with a removeable
ladder must either:
By-law 2026-030
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a) Remove the ladder when the pool is not in use and stored
in a secure location not less than 1.22 metres (4 feet) from
the side of the pool walls; or,
b) The removable pool ladder shall be enclosed in accordance
with this by-law and shall be equipped with a gate in
accordance with this By-law or via lockable ladder gate
which makes the ladder un-climbable.
8.7.
Spas
8. 7.1. Outdoor spas need not be enclosed by a pool enclosure
provided they are enclosed by a solid, locked cover capable of
holding not less than 91 kg (200 lbs) that is secured over the
entire water surface when not in use.
8.8.
Other Materials
8.8.1. Other fencing materials may be approved by the Chief Building
Official where it can be demonstrated that the material will
perform with an equivalent degree of safety as outlined in this
by-law.
8.9.
Prohibited Materials
8. 9.1. No barbed wire or anything having similar dangerous
characteristics are permitted as a component of a pool
enclosure.
8.9.2. No electrical current is permitted to be connected to or
conducted through any part of a pool enclosure.
8.10. Temporary Fencing
8.10.1. For a period of not more than two weeks, sections of a
permitted pool enclosure can be replaced with temporary
fencing material such as plastic mesh to facilitate maintenance
or access to the pool area, provided the temporary fence mate:
a) is at least 1.22 metres ( 4 feet) in height securely supported
by posts spaced not more than 1.8m (6 feet) apart;
b) securely fastened to the remaining sections of the pool
enclosure; and
c) has openings that are not greater than 38mm x 38mm (1.5
inches x 1.5 inches) in size.
8.11. Existing Pool Enclosures
8.11.1. The provisions of this by-law shall not prevent the use of an
By-law 2026-030
Page 11 of 14
existing pool and/or 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 1993-015, or any
predecessor to that by-law and has been maintained
continuously in accordance with those regulations.
8.11.2. At such time as an existing pool enclosure is replaced or
proposed to be altered in whole or in part, a permit is required
for the replacement or alteration of the pool enclosure and
shall be constructed in accordance with this by-law.
8.11.3. 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.
8.11.4. A permitted pool enclosure constructed in accordance with this
by-law shall be maintained in good condition at all times.
9. Inspection
9.1.
A building Inspector or Municipal Law Enforcement Officer may enter
onto land at any reasonable time for the purpose of carrying out an
inspection.
9.2.
For the purpose of conducting an inspection pursuant to Section 9.1 of
this by-law, the Town may
9.3.
Require the production for inspection of documents or things relevant
to the inspection:
9.4.
Inspect or remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
9.5.
Require information from any person concerning a matter related to
the inspection;
9.6.
Alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection
10.
Orders
By-law 2026-030
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10.1. Where an officer has reasonable grounds to believe that a
contravention of this by-law has occurred, the Officer may make an
Order requiring the person who contravened this by-law, or who
caused or permitted the contravention, or the owner or occupier of the
land on which the contravention occurred, to discontinue the
contravening activity
10.2. Where an officer has reasonable grounds to believe that a
contravention of this by-law has occurred, the officer may make an
order requiring the person who contravened this by-law, or who cause
or permitted the contravention, of the owner or occupier of the land on
which the contravention occurred, to do work to correct the
contravention.
10.3. An order under Section 9.1 and 9.2 of this by-law shall set out:
10.3.1. Reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on which
the contravention occurred; and,
10.3.2. The date by which there must be compliance with the order.
10.4. An order made under this by-law shall be served personally, by
ordinary mail to the last known address or by email transmission to:
10.4.1. The person the officer believes contravened this by-law; and
10.4.2. Such other persons affected by the order as the officer making
the order determines.
10.5. An order may be posted on-site.
10.6. An order sent by ordinary mail shall be deemed to have been served
on the seventh (7th ) day after the date of mailing, or if sent by
registered mail, shall be deemed to have been served on the fifth (5th )
day after the dated of mailing, or on the date of personal service, or
on the date of email transmission.
11.
Penalties
11.1. Every person who contravenes any provisions of this by-law is guilty of
an offence and all contraventions of this by-law are designated as
continuing offences.
11.2. Every person who contravenes any provisions of this By-law, including
failing to comply with an Order made under this By-law, is guilty of an
offence and liable to a fine, and such other penalties, as provided by
the Provincial Offences Act, R.S.O 1990, c. P.33, as amended,
11.3. Every person who is convicted of an offence is liable to a maximum
fine of twenty-five thousand dollars ($25,000.00) for the first offence
By-law 2026-030
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and a maximum fine of fifty thousand dollars ($50,000.00) for a
subsequent offence.
11.4. Every corporation who is convicted of an offence is liable to a
maximum fine of fifty thousand dollars ($50,000.00) for the first
offence and one hundred thousand dollars ($100,000.00) for a
subsequent offence.
11.5. In addition to any fine set amounts set out in Sections 11.2 and 11.3
of this by-law, for each day or part of a day that an offence continues,
the maximum fine shall be ten thousand dollars ($10,000.00). The
total of all daily fines for the offence is not limited to one hundred
thousand dollars ($100,000.00).
11.6. Every person shall comply with any Order or Notice under the
authority of this by-law.
11.7. No person shall hinder or obstruct, or attempt to hinder or obstruct,
any building inspector or municipal law enforcement officer exercising
a power or performing a duty under this by-law.
11.8. Upon conviction any penalty imposed under this by-law may be
collected under the authority of the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended.
11.9. If a person is convicted of an offence under the By-law, the court in
which the conviction has been entered and any court of competent
jurisdiction may, in addition to any other remedy and to any penalty
imposed, make an order prohibiting the continuation or repetition of
the offence by the person convicted.
11.10. Any person who contravenes any provision of this By-law shall, upon
issuance of a penalty notice in accordance with the Administrative
Penalty System By-law, be liable to pay the Town of Orangeville an
administrative penalty and all associated administrative fees.
11.11. The CBO shall determine the required surcharges fees for enforcement
services in accordance with the Town of Orangeville Fees and Charges
By-law, as amended and the applicant shall pay such fees, in addition
to any other fees applicable through other by-laws, regulations and
legislation.
12.
By-law Repealed
12.1. That By-law 1993-015, as amended is hereby repealed .
By-law 2026-030
Page 14 of 14
That this By-law shall come into force and effect immediately upon final passing
thereof, subject to s. 284.11 of the Municipal Act.
Read three times and passed this 11th day of May, 2026.