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ORILLIA
880.1
JANUARY 2001
PROPERTY MAINTENANCE
CHAPTER 880
SWIMMING POOL FENCE
CHAPTER INDEX
Article 1
SHORT TITLE
880.1.1
Citation
Article 2
INTERPRETATION
880.2.1
Chief Building Official - defined
880.2.2
City - defined
880.2.3
Fence - defined
880.2.4
Owner - defined
880.2.5
Person - defined
880.2.6
Swimming pool - defined
Article 3
GENERAL PROVISIONS
880.3.1
Applicable - to all swimming pool owners
880.3.2
Fence permit - required - prior to construction
880.3.3
Application - prescribed form - filed
880.3.4
Power line - regulation - compliance - required
880.3.5
Temporary fence - during construction - required
880.3.6
Existing fence - requirement
880.3.7
Above ground pool - exemption - requirement
880.3.8
Pool - use - without fence - prohibited
880.3.9
Construction completed - inspection compliance
880.3.10
Inspection - at any time - permitted - without warrant
880.3.11
Variance - Council Resolution
Article 4
FENCE
880.4.1
Owner - compliance - regulations - set out
880.4.2
Erected - maintained - completely surrounding pool
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JANUARY 2001
880.4.3
Main entrance - service meter - within - prohibited
880.4.4
Distance from pool - minimum
880.4.5
Height including gate - minimum
880.4.6
Sundeck - raised area - distance
880.4.7
Sundeck - raised area - height
880.4.8
Clearance - bottom edge - minimum
880.4.9
Framing - facilitating climbing - prohibited
880.4.10
Construction - requirement
880.4.11
Chain link - construction
880.4.12
Chain link - galvanized - coated wire - minimum gauge
880.4.13
Chain link - steel supports - minimum
880.4.14
Chain link - post spacing - foundation
880.4.15
Chain link - railing - top - bottom
880.4.16
Wood - vertically boarded
880.4.17
Wood - vertical board - size - spacing
880.4.18
Wood - supports - minimum size - spacing depth
880.4.19
Wood - supports - treated - below grade level
880.4.20
Other material - construction - decision
880.4.21
Gate - construction - height - equivalent to fence
880.4.22
Gate support - hinges substantial
880.4.23
Gate - self-closing - self-latching - from inside
880.4.24
Gate - locked - at all times - exception
__________
Article 1
SHORT TITLE
880.1.1
Citation
This Chapter may be cited as the Swimming Pool Fence By-law.
Article 2
INTERPRETATION
880.2.1
Chief Building Official - defined
"Chief Building Official" means the Chief Building Official appointed by the Council of The Corporation
of the City of Orillia.
880.2.2
City - defined
"City" means The Corporation of the City of Orillia.
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JANUARY 2001
880.2.3
Fence - defined
"fence" means a structural assembly of posts, boards, planks, rails, wood, wire, plastic, concrete,
masonry, brick, stone, metal or any combination thereof, constructed in accordance with the
provisions of Article 4 and includes a wall or other structure, or a combination thereof, including doors
and gates, surrounding a swimming pool.
880.2.4
Owner - defined
"owner" means the registered owner of a property, a lessee, tenant, mortgagee in possession or
person otherwise in charge of any property, acting as the authorized agent of the owner.
880.2.5
Person - defined
"person" means any individual, association, partnership, corporation, agent or trustee and the heirs,
executors or other legal representatives of a person to whom the context can apply according to law.
880.2.6
Swimming pool - defined
"swimming pool" means any privately-owned swimming pool located outdoors, contained entirely or in
part by artificial means, in which the depth of the water at any point can exceed 300 mm (12 in) and is
used or capable of being used for swimming.
Article 3
GENERAL PROVISIONS
880.3.1
Applicable - to all swimming pool owners
This Chapter shall apply to the owners of all swimming pools including swimming pools constructed
or erected prior to the date of the passing of the enabling by-law.
880.3.2
Fence permit - required - prior to construction
Subject to Sections 880.3.6 and 880.3.7, no person shall excavate for, construct or erect, or cause or
permit the excavation for the construction or erection of any swimming pool without first having
obtained a permit for a fence around such swimming pool from the Chief Building Official.
880.3.3
Application - prescribed form - filed
The owner shall file with the Chief Building Official an application for a permit which shall be on the
prescribed form available at the offices of the City.
880.3.4
Power line - regulation - compliance - required
Prior to the issuance of any permit, the owner shall provide the Chief Building Official with
confirmation in writing from the Orillia Water, Light and Power Commission stating that the location of
the swimming pool and the area surrounded by the fence is in compliance with applicable regulations
pertaining to overhead and below ground power lines.
880.3.5
Temporary fence - during construction - required
Any permit issued pursuant to this Sections 880.3.2 through 880.3.4 inclusive may provide for
temporary fencing during the period of construction and no person shall excavate for, construct or
erect a swimming pool until a temporary fence has been erected around the area adjacent to the
swimming pool satisfactory to prevent access except for the purpose of such excavation, construction
or erection.
880.3.6
Existing fence - requirement
A fence which was constructed prior to the date of the passing of the enabling by-law shall be
deemed to comply with the provisions of this Chapter provided that it meets the following regulations:
(a)
the requirements of Sections 880.4.5 through 880.4.9 inclusive and Sections
880.4.21 through 880.4.25 inclusive;
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(b)
if of chain link construction, the fence is of not greater than 50 mm (2 in) diamond
mesh;
(c)
if of vertically boarded wood construction, the fence does not allow the passage of
spherical object of greater than 100 mm (4 in) diameter.
880.3.7
Above ground pool - exemption - requirement
Notwithstanding the foregoing, this Chapter shall not apply to a swimming pool which is constructed
above grade where the swimming pool is fully surrounded by a deck at least 1.2 m (3.94 ft) above
grade and the support structure of the deck does not facilitate climbing and where any steps or ladder
providing access to the deck surrounding such swimming pool are kept locked in a raised position at
all times except while an adult person is present and supervising the swimming pool.
880.3.8
Pool - use - without fence - prohibited
No person shall use a swimming pool without first having constructed a fence in accordance with this
Chapter.
880.3.9
Construction completed - inspection - compliance
The person to whom a permit has been issued under this Chapter shall notify the Chief Building
Official of the completion of the construction or erection of a fence pursuant to this Chapter, and the
Chief Building Official or designate shall make an inspection of the fence to confirm that it has been
constructed in accordance with the permit issued.
880.3.10
Inspection - at any time - permitted - without warrant
The Chief Building Official or a designate may, for the purpose of the inspection of a fence in respect
of which a permit is issued or an application for a permit is made, enter into or upon any land or
premises at any time without a warrant.
880.3.11
Variance - Council Resolution
Council may by way of resolution grant a Variance from the provisions of this Chapter.
Article 4
FENCE
880.4.1
Owner - compliance - regulations - set out
The owner of a swimming pool shall comply with the regulations set out in this Chapter.
880.4.2
Erected - maintained - completely surrounding pool
A fence shall be erected and maintained in compliance with this Chapter completely surrounding every
swimming pool and in accordance with the permit issued for such fence.
880.4.3
Main entrance - service meter - within - prohibited
The main entrance to a building, the service meters and fuel filler pipe shall not be located within the
area enclosed by a fence.
880.4.4
Distance from pool - minimum
The minimum distance from a fence to the edge of a swimming pool shall be 1.5 m (4.92 ft).
880.4.5
Height including gate - minimum
A fence, including the gates therein shall extend from the ground to a height, measured on the outside
of the fence, of not less then 1.2 m (3.94 ft).
880.4.6
Sundeck - raised area - distance
Except as provided under Section 880.4.7, no raised area of the ground or raised sundeck or other
raised structure shall be within 1.5 m (4.92 ft) of the fence, whether located on the owner's property or
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on adjoining property.
880.4.7
Sundeck - raised area - height
Where a raised area of the ground, a sundeck or other raised structure is proposed or is to be located
closer than 1.5 m (4.92 ft) from the outside of the fence, the height of the section of the fence opposite
such raised area, sundeck or other raised structure shall be measured from the top of the raised area,
sundeck or other raised structure and the increased height shall extend, laterally or at a departing angle,
a distance of not less than 1 m (3.28 ft) beyond the limits of the raised area, sundeck or other raised
structure, measured at an angle of 90 degrees to the raised area, sundeck or other raised structure.
880.4.8
Clearance - bottom edge - minimum
The bottom edge of any fence shall be not more than 50 mm (2 in) from the ground and, where after
construction this measurement is greater than 50 mm (2 in), it shall be reduced by grading or other
means to meet this requirement.
880.4.9
Framing - facilitating climbing - prohibited
A fence shall have no framing members such as horizontal or diagonal bracing, horizontal rails or other
appurtenances located between 140 mm (5.5 in) and 1054 mm (41.5 in), measured from the bottom of
the fence, which would facilitate climbing.
880.4.10
Construction - requirement
A fence shall be of vertically boarded wood construction, chain link construction or of other materials
and construction as provided for in Section 880.2.3.
880.4.11
Chain link - construction
A fence shall, if of chain link construction, be of not greater than 50 mm (2 in) diamond mesh if
construction occurs before June 30, 1993, and thereafter be of not greater than 38 mm (1 ½ in)
diamond mesh.
880.4.12
Chain link - galvanized - coated wire - minimum gauge
A fence shall, if of chain link construction, be of galvanized steel wire not less than 11 gauge or not less
than 13 gauge steel wire covered with vinyl or other approved coating.
880.4.13
Chain link - steel supports - minimum
A fence shall, if of chain link construction, be supported by at least 38 mm (1 ½ in) diameter galvanized
steel line posts and 50 mm (2 in) galvanized steel corner or end posts.
880.4.14
Chain link - post spacing - foundation
The posts of a chain link fence shall be spaced not more than 3 m (9.84 ft), shall extend into the ground
at least 900 mm (36 in) and be set in concrete.
880.4.15
Chain link - railing - top - bottom
A fence shall, if of chain link construction, have top and bottom rails of 32 mm (1 ¼ in) minimum
diameter galvanized steel, except that a 6 mm (.24 in) minimum diameter galvanized steel tension rod
may be substituted for the lower steel rail.
880.4.16
Wood - vertically boarded
A fence shall, if of vertically boarded wood construction have the vertical boards attached to horizontal
members of 38 mm (1 in) minimum thickness.
880.4.17
Wood - vertical board - size - spacing
Vertical boards shall not be less than 19 mm x 140 mm (1 in x 6 in) and shall be spaced not more than
100 mm (4 in) apart.
880.4.18
Wood - supports - minimum size - spacing - depth
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JANUARY 2001
A fence shall, if of vertically boarded wood construction, be supported by minimum 89 mm x 89 mm (4
in x 4 in) square wood posts or 100 mm (4 in) diameter cedar posts, spaced not more than 2.4 m (7.87
ft) on centres and shall extend not less than 900 mm (36 in) into the ground.
880.4.19
Wood - supports - treated - below grade level
A fence shall, if of vertically boarded wood construction, have that portion of the wood posts below
grade treated with a wood preservative.
880.4.20
Other material - construction - decision
A fence shall, if of other materials and construction, be of such character and quality that, in the opinion
of the Chief Building Official, provides and maintains an equivalent degree of safety to the type of
fencing specified in Sections 880.4.11 through 880.4.19 inclusive.
880.4.21
Gate - construction - height - equivalent to fence
Gates forming part of a fence shall be of construction and height equivalent to that required for the
fence.
880.4.22
Gate support - hinges substantial
Gates forming part of a fence shall be supported on substantial hinges.
880.4.23
Gate - self-closing - self-latching - from inside
Gates forming part of a fence shall be self-closing and equipped with a self-latching device mounted
near the top and on the inside of the gate.
880.4.24
Gate - locked - at all times - exception
Gates forming part of a fence shall be equipped with a locking device and be kept locked at all times
except while an adult person is present and supervising the swimming pool.
880.4.25
Doors - locked - at all times - exception
Doors forming part of a fence (except doors leading directly from a dwelling unit to a swimming pool
area) shall be equipped with a locking device and be kept locked at all times except while an adult
person is present and supervising the swimming pool.
Article 5
ENFORCEMENT
880.5.1
Fine - for contravention
Any person who contravenes or fails to comply with any provision of this Chapter shall be guilty of an
offence and shall upon conviction be liable to a fine as prescribed in the Provincial Offences Act.
Article 6
ENACTMENT
880.6.1
Effective date
This Chapter shall come into force and take effect on the date of final passing of the enabling by-law.
Adopting By-law: By-law 1992-101, 21 September 1992.
By-law Amendments: By-law 2001-15, 29 January 2001.