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As Amended by By-Law 66-2011, 81-2020, 43-2022, 127-2022 and
58-2025
By-law 79-2006
of The Corporation of the City of Oshawa
being a by-law to require the erection and maintenance of fencing around outdoor swimming
pools, hydro massage pools, decorative ponds, hot tubs, spas and whirlpools.
Be it enacted and it is hereby enacted as a by-law of The Corporation of the City of
Oshawa by the Council as follows:
1.
Administration, Interpretation and Enforcement
1.1.
Short Title
1.1.1.
This By-law may be cited as the "Pool Enclosure By-law".
1.2.
Scope
1.2.1.
This By-law applies to all property in the City of Oshawa unless otherwise indicated
herein.
1.3.
Enforcement
1.3.1.
Where an Owner fails to comply with any provision set out in this By-law, an Order
may be issued to the Owner requiring compliance within the timeframe specified in the
Order.
1.3.2.
An Officer who finds that a property does not conform with any of the standards
prescribed in this By-law may make an Order,
(a) stating the municipal address or the legal description of the property;
(b) giving reasonable particulars of the repairs to be made or stating that a Pool
Enclosure Permit shall be obtained or that a Pool Enclosure shall be erected; and
(c)
indicating the time for complying with the terms and conditions of the Order and
giving notice that, if the Order is not complied with within that time, the
municipality may carry out the Order at the owner's expense.
1.3.3.
An Order pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(d) on the date a copy is personally delivered to the Person to whom it is addressed;
(e) on the third (3rd) day after a copy is sent by regular mail or by registered mail to
the Person's last known address;
(f)
upon confirmation of the successful transmission of a copy by facsimile
transmission to the Person's last known facsimile transmission number;
(g) upon sending a copy by e-mail transmission to the Person's last known e-mail
address; or
(h) upon a copy being posted on the door of any building or structure on the
Person's property or, where no building or structure exists, on a stake erected by
the Officer on the Person's property.
(43-2022)
1.3.4.
Where an Order has been issued by the City and compliance has not been achieved
within the required time period as set out in the Order the City may, through its
employees and agents or persons acting on its behalf, enter upon the land to drain, fill
in or fence the Pool at the expense of the Owner and any and all expenses incurred
may be added to the tax roll and collected from the Owner of the property in the same
manner as municipal taxes.
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1.3.5.
Every Owner shall comply with an Order issued pursuant to Section 1.3 of this By-law
and within the timeframe specified therein for compliance.
1.4.
Penalty
1.4.1.
Every Person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction, is liable to the penalties as prescribed by the Provincial
Offences Act, R.S.O. 1990 c. P.33.
1.5.
Administrative Penalties
1.5.1.
No Person shall fail to comply with any provision or standard of this By-law. (127-2022)
1.5.2.
No Person shall fail to comply with an Order issued pursuant to this By-law.
(127-2022)
1.5.3.
Administrative Penalty Process By-law 63-2013 applies to each administrative penalty
issued pursuant to this By-law.
(81-2020, 127-2022)
1.5.4.
Each Person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Penalty Process By-law 63-2013, be
liable to pay to the City an administrative penalty. If a Person receives a penalty notice
in accordance with the City's Administrative Penalty Process By-law for a
contravention of this By-law, and the Person has not received a penalty notice for the
same contravention within one (1) calendar year or less, the Person shall be liable to
pay to the City a tier one (1) administrative penalty amount for that contravention in
the amount of $250. If a Person receives an additional penalty notice for the same
contravention of the By-law within one (1) calendar year or less from the date of the
penalty notice containing a tier one (1) administrative penalty amount, the Person
shall be liable to pay to the City a tier two (2) administrative penalty amount for that
contravention in the amount of $350. If the Person receives a subsequent penalty
notice for the same contravention of the By-law within one (1) calendar year or less
from the date of the penalty notice containing a tier two (2) administrative penalty
amount, the Person shall be liable to pay to the City a tier three (3) administrative
penalty amount for that contravention in the amount of $450. If the Person receives
any subsequent penalty notices for the same contravention of the By-law within one
(1) calendar year or less from the date of the penalty notice containing a tier three (3)
administrative penalty amount, the Person shall be liable to pay to the City a tier three
(3) administrative penalty amount for that offence in the amount of $450.
(81-2020, 127-2022)
1.6.
Severability
1.6.1.
If any provision or part of a provision of this By-law is declared by any court or tribunal
of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative
in particular circumstances, the balance of the By-law, or its application in other
circumstances, shall not be affected and shall continue to be in full force and effect.
1.7.
Compliance with other By-Laws and Regulations
1.7.1.
This By-law shall not be construed to reduce or mitigate any restrictions or regulations
lawfully imposed by the City or by any governmental authority having jurisdiction to
make such restrictions or regulations.
1.7.2.
If there is a conflict between a provision in this By-law and a provision of any other
City By-law, the provision that establishes the highest standard to protect the health,
safety of the public shall apply.
1.8.
Gender and Number
1.8.1.
In this By-law, unless the contrary intention is indicated, words used in singular shall
include the plural and words used in the male gender shall include the female gender
and vice versa.
1.9.
Measurements
1.9.1.
Where this By-law provides metric and imperial units of measure, the metric unit of
measure shall prevail. For convenience only, approximate imperial measurements
have been provided in parentheses but are of no force or effect. The abbreviation
3
"mm" stands for millimeters, "m" stands for metres, "in." stands for inches and "ft."
stands for feet.
1.10.
And/Or
1.10.1. The word "and" is an inclusive conjunction, the use of which indicates that all items or
phrases in the subsection, article, or list in which it appears are permitted or required,
as the case may be. The word "or" is an alternate conjunction, the use of which
indicates that alternate or optional items or phrases in the subsection, article or list in
which it appears are permitted or required, as the case may be; however,
notwithstanding the foregoing, where the context permits, the word "or" may also be
an inclusive conjunction having the same meaning as the word "and".
1.11.
Application of this By-Law and Repeal of Existing By-Laws
1.11.1. By-laws 55-85, 74-85, 48-87 and 108-97 are hereby repealed. The Standards
contained in this By-law supersede prior By-laws herein noted and their regulations.
1.12.
Effective Date
1.12.1. This By-law shall come into force on the date of passage by Council.
2.
Definitions
2.1.1.
For the purpose of interpreting the provisions set forth in this By-law, the following
definitions shall apply.
"Agricultural Use" has the same meaning as defined in the City's Zoning By-law 60-94, as
amended, and shall mean an area of land with or without accessory buildings, structures or
outdoor storage which is used primarily for: (a) the growing and harvesting of vegetables,
fruits, field crops, mushrooms, berries, trees, flowers, cannabis or landscaping materials, and
may include woodlot and forest tree uses; (b) the breeding, training, raising or boarding of
birds, fish or animals of any kind; (c) the erection and use of greenhouses and/or controlled
environment agriculture facilities; (d) the packing, crating, storing, and sale of produce grown
on the premises; or (e) other similar uses customarily carried on in the field of general
agriculture, but does not include a kennel.
(58-2025)
"Building" means any structure consisting of a roof supported by walls or columns which is
used or intended to be used for the shelter, accommodation or enclosure of persons, animals,
goods, chattels or equipment and includes a carport.
"Building Services" means the Building Services Branch of the City of Oshawa.
"Cemetery" has the same meaning as defined in the City's Zoning By-law 60-94, as
amended, and shall mean land set aside to be used for the interment of human or pet animal
remains and may include a mausoleum, columbarium, crematorium or other buildings or
structures intended for the interment of such remains and an accessory funeral visitation
centre.
(58-2025)
"City" means The Corporation of the City of Oshawa.
(58-2025)
"Council" means the City's Council.
(58-2025)
"Covering Plate Device" means metal or plexiglass device which attaches to or forms part of
a metal or wrought iron gate latching device, and which restricts access to the interior self
latching device from the exterior of the gate.
"Decorative Pond" means any body of water (including fishponds, water gardens and water
fountains) contained in whole or in part by artificial means in which the depth of the water can
exceed 0.6 metres (24 inches) at any point.
"Director" means the City's Director, Municipal Law Enforcement and Licensing Services,
including their designates.
(58-2025)
"Disrepair" means that the Pool Enclosure does not function for its intended purpose in that it
is dilapidated, broken, has missing components, is constructed of materials not approved by
this By-law, or is constructed in a manner not approved by this By-law.
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"Golf Course" has the same meaning as defined in the City's Zoning By-law 60-94, as
amended, and shall mean an area of land operated for the purpose of playing golf and may
include a restaurant, a facility for the sale of golf equipment, a banquet hall or assembly hall,
accessory miniature golf courses, driving ranges, putting greens or similar accessory uses.
(58-2025)
"Grade" means the surface of the ground below a Pool Enclosure at each location where a
structural support is embedded in the ground.
"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 0.6m (24
inches) at any point.
(58-2025)
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as from time to time
amended.
(58-2025)
"Natural Body of Water" means a creek, stream, bog, marsh, fen, river, pond or lake created
by the forces of nature and which contains water and includes ponds maintained on lands
where an active Golf Course, Cemetery or Agricultural Use is carried on, whether naturally
occurring or manufactured.
(58-2025)
"Officer" has the same meaning as defined City's Inspection By-law 64-2008, and shall mean
each of:
a) the Director;
b) a Municipal Law Enforcement Officer appointed by Council or by the Director to enforce
a by-law or a direction or order of the City made under the Municipal Act or made under
a by-law; and
c) a police officer employed by a municipal police force or by the Ontario Provincial Police.
(58-2025)
"Owner" means the lawful owner of a Property, but also includes a lessee, tenant or occupant
who is in care or control of a Property, upon which a Pool is located and also includes all
persons involved in the installation, excavation or erection of a Pool and Pool Enclosure.
(58-2025)
"Permit" or "Pool Enclosure Permit" means a permit issued under this By-law.
"Person" means an Owner who may be a natural person, firm, corporation, partnership or
association.
"Pool" means any body of water located outside of a building contained in whole or in part by
artificial means in which the depth of water at any point can exceed 0.6 metres (24 inches) and
includes swimming pools, hydro massage pools, hot tubs, spas, whirlpools and Decorative
Ponds but does not include a Storm Water Management Facility or a Natural Body of Water.
"Pool Enclosure" means a fence, wall or other structure, including doors, gates and hardware
used to completely enclose a Pool.
"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.
"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.
"Standards" means the standards for the construction and maintenance of Pool Enclosures
around Pools prescribed by Section 5 of this By-law.
"Storm Water Management Facility" means a facility approved by The Corporation of the
City of Oshawa which is designed and constructed to contain storm water run-off from urban
areas.
"Substantial Repair" means, with respect to gates, the repair or replacement of 50% or more
of the components of the gate and with respect to fences, where any continuous line of fencing
5
between two intersecting angles of any degree undergoes repair or replacement of 50% or
more of the components of such line.
3.
General Duties and Obligations
3.1.
Repair and Workmanship
3.1.1.
All repairs and maintenance of a Pool Enclosure required by the provisions of this
By-law are the responsibility of the Owner and shall be carried out in a manner
accepted as good workmanship in the trades concerned, utilizing materials suitable
and sufficient for the purpose and carried out in accordance with the industry
specifications and requirements.
(58-2025)
3.1.2.
Any gate or any continuous line of fencing between two intersecting angles of any
degree that is 50% or more in Disrepair shall be replaced in its entirety to satisfy the
standards contained in this By-law.
4.
Pool Enclosure Permit
4.1.
Permit Application
4.1.1.
A Pool Enclosure Permit shall be obtained for new Pool Enclosures and for Pool
Enclosures that undergo Substantial Repair.
4.1.2.
Notwithstanding the standards and requirements of Section 5 of this By-law, where a
Pool Enclosure exists on the date this By-law comes into force, and such Pool
Enclosure remains in good repair, that same Pool Enclosure need not comply with
Section 5 provided that the Pool Enclosure did comply with the standards in force
pursuant to any by-law governing the erection of Pool Enclosures at the time the same
Pool Enclosure was erected, and continues to so comply with those previous
standards. Nothing in this Article shall permit the replacement or Substantial Repair of
a Pool Enclosure contrary to the provisions of Section 5 of this By-law.
4.1.3.
No Person shall place water or allow water to remain in any Pool unless a Permit has
been issued and the Pool Enclosure has been inspected and approved by an Officer
and constructed and maintained in compliance with the Standards.
4.1.4.
The plans submitted with the permit application shall:
(a) show the proposed location of the Pool in relation to the Pool Enclosure, the
property boundary lines and adjacent buildings or structures; and
(b) Provide complete details of the Pool Enclosure including the location, type of
fence, fencing material, gates and latching devices.
4.1.5.
Upon issuance of a Pool Enclosure Permit, all work on the Pool Enclosure shall be
completed within six (6) months failing which, that Permit shall expire and a new
Permit must be obtained for any future work. The Director may impose conditions
including, but not limited to, the reduction of the six (6) months Permit work period for
the purposes of addressing health and safety concerns.
(58-2025)
4.1.6.
No Person shall locate an artificial body of water with a depth of 30 centimetres (12
inches) to 60 centimetres (24 inches) anywhere other than in an enclosed side or rear
yard that has fencing with a minimum height of 120 centimetres (48 inches).
(66-2011)
5.
Standards
5.1.
Temporary Pool Enclosures
5.1.1.
The Owner of a property where a Pool is being installed shall ensure that during Pool
installation a temporary Pool Enclosure encircles the Pool once water is placed and
maintained in the pool at all times to prevent access to the Pool. The temporary
enclosure shall remain in place until the Officer has inspected and approved a
permanent pool enclosure. The maximum length of time a Temporary Pool Enclosure
may be used and maintained is seven (7) days.
5.1.2.
A temporary Pool Enclosure shall consist of a 1.5m (5 ft.) high plastic or chain link
fence with mesh openings no larger than 38mm (1.5 in.), containing steel embedded
6
T-bar posts a maximum of every 3.0m (10 ft.) apart and utilizing a 9 gauge galvanized
steel wire located at the top and bottom of the Temporary Pool Enclosure.
Notwithstanding the requirements of 5.1.2, an Officer may permit alternative
temporary fencing which provides equivalent standards or exceeds the standards
required.
5.2.
Permanent Pool Enclosures
5.2.1.
Pool Enclosures on any property shall extend from the ground to a height, measured
from Grade on the outside of the Pool Enclosure, of not less than 1.5 metres (5 feet).
5.2.2.
The Owner of a Pool shall ensure that any access points forming part of a Pool
Enclosure shall be kept latched at all times unless a responsible person is present and
supervising the enclosed area.
5.2.3.
Doors providing access from a Building directly to an enclosed swimming pool area
including doors leading from an attached or detached garage but excluding doors
located in a Dwelling unit, shall be self-closing and equipped with a self-latching
device located not less than 1.5 m (5 ft.) above the bottom of the door.
5.2.4.
No part of a Pool Enclosure shall consist of barbed wire or similar dangerous devices,
including but not limited to, the transmission of an electrical current through the Pool
Enclosure.
5.3.
Construction of Fencing
5.3.1.
All Pool Enclosures shall be constructed of wood, metal or chain link fencing.
5.3.2.
All Pool Enclosures, or such portions thereof, constructed of wood shall comply with
Tables 5.2.0.A and 5.2.1.A.
5.3.3.
All Pool Enclosures, or such portions thereof, constructed of metal shall comply with
Tables 5.2.0.A and 5.2.2.A.
5.3.4.
All Pool Enclosures, or such portions thereof, constructed of chain link shall comply
with Tables 5.2.0.A and 5.2.3.A.
5.3.5.
Notwithstanding the provisions of Section 5, a Pool Enclosure may be built other than
as provided in this By-law to standards which are equivalent or exceed the standards
and which are acceptable to an Officer.
5.4.
Construction of Gates
5.4.1.
Every gate in a Pool Enclosure shall be supported on hinges substantial enough to
hold the weight of the gate and constructed in accordance with the requirements of
subsections 5.3.2, 5.3.3, 5.3.4 or 5.3.5 and be Self-Closing and equipped with a
lockable Self-Latching Device located on the interior face near the top of the gate.
(58-2025)
5.4.2.
Metal, wrought iron and chain link gates and fences used in a Pool Enclosure shall be
equipped with a Covering Plate Device, a minimum of 0.3 m (12 in.) x 0.3 m (12 in.)
size, covering the Self-Latching Device on both the gate and fence to prevent access
to the Self-Latching Device from the outside of the Pool Enclosure. The Covering
Plate Device shall be a minimum thickness of 6.3 mm (¼" in.).
(58-2025)
5.4.3.
Double gates used in a Pool Enclosure shall have one of the two gates equipped with
a Self-Closing Device and Self-Latching Device to provide access. The other gate
shall have a securing device permanently affixed to the ground or other non-moveable
object, which prevents access through this gate without lifting or removing this device
and then releasing the latch. This gate must be securely closed unless open for
access and supervised to prevent unauthorized access to the pool area.
(58-2025)
5.4.4.
Gates used in a Pool Enclosure with decorative features or inserts which provide
unobstructed access to the gate latching device shall be equipped with a Covering
Plate Device, a minimum of 0.3 m (12 in.) x 0.3 m (12 in.) size, covering the latching
device on gate to prevent access to the latching device from the outside of the Pool
Enclosure. The Covering Plate Device shall be a minimum thickness of 6.3 mm (¼"
in.).
(58-2025)
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Table 5.2.0.A
General Provisions for Pool Enclosures
Provisions
All Properties
i. Minimum Height of Fences and Gates
1.5 m (5 ft.) or 1.8 m (6 ft.)
ii. Maximum Clearance Between Bottom of
Fence and Grade
100 mm (4 in.)
iii. Minimum Distance to Permanent
Climbable Condition Adjacent to Fencing
on Neighbouring Side
0.9 m (35.4 in.) but not applicable if the
fence height is increased to 1.8 m (6 ft.)
Table 5.2.1.A
Wood Fence Construction for Pool Enclosures
Provisions
All Properties
i. Horizontal Rail Minimum Size
38 mm (1-1/2 in.) x 89 mm (3-1/2 in.)
ii. If Minimum Vertical Spacing between
Horizontal Railings
0.9 m (35.4 in.)
iii. Then Maximum Spacing between Vertical
Boards
100 mm (4 in.)
iv. If Minimum Vertical Spacing between
Horizontal Railings
Less than 0.9 m (35.4 in.)
v. Then Maximum Spacing between Vertical
Boards
38 mm (1-1/2 in.)
vi. Vertical Board Minimum Size
19 mm (3/4 in.) x 89 mm (3-1/2 in.)
vii. Fence Post Maximum Spacing
2.4 m (8 ft.)
viii.
Minimum Size of Fence Posts
89 mm (3-1/2 in.) x 89 mm (3-1/2 in.)
ix. Minimum Depth Below Grade of
Imbedded Fence Posts
1.2 m (4 ft.)
Table 5.2.2.A
Metal and Wrought Iron Fence Construction for Pool Enclosures
Provisions
All Properties
i. Minimum Vertical Spacing between Horizontal Railing
0.9 m (35.4 in.)
ii. Vertical Railing Maximum Spacing
100 mm (4 in.)
iii. Minimum Depth Below Grade of Imbedded Fence
Posts
1.2 m (4 ft.)
8
Table 5.2.3.A
Chain Link Fence Construction for Pool Enclosures
Provisions
All Properties for Posts
Spaced Maximum 2.4 m
(8 ft.)
All Properties for Posts
Spaced Maximum 3 m
(10 ft.)
i. Minimum Vertical Spacing
between Horizontal
Railings
0.9 m (35.4 in.)
0.9 m (35.4 in.)
ii. Maximum Chain Link
Mesh Size for 1.5 m (5 ft.)
Fencing
38 mm (1-1/2 in.)
38 mm (1-1/2 in.)
iii. Maximum Chain Link
Mesh Size for 1.8 m (6 ft.)
Fencing
38 mm (1-1/2 in.)
or
50 mm (2 in.)
38 mm (1-1/2 in.)
or
50 mm (2 in.)
iv. Minimum Diameter/Gauge
of Mesh including Vinyl
Covering
2.6 mm diameter (no. 11
gauge) or 2 mm diameter
(no. 14 gauge) with vinyl
covering forming a total
combined thickness of
2.6 mm (no. 11 gauge)
2.6 mm diameter (no. 11
gauge) or 2 mm diameter
(no. 14 gauge) with vinyl
covering forming a total
combined thickness of
2.6 mm (no. 11 gauge)
v. Minimum Diameter Gate
and Terminal Posts
47.5 mm (1-7/8 in.)
47.5 mm (1-7/8 in.)
vi. Minimum Depth Below
Grade of Imbedded Fence
Posts
The steel fence post will be
a minimum of 0.76 cm (2 ft.
6 in.) imbedded in a
concrete footing which has
a diameter of 20.32 cm (8
in.) and a depth of 1.2 m (4
ft.). Note: The top of
concrete footing may be
below grade level 10.175
cm to 20.35 cm (4 in. to 8
in.)
The steel fence post will
be a minimum of 0.76 cm
(2 ft. 6 in.) imbedded in a
concrete footing which has
a diameter of 20.32 cm (8
in.) and a depth of 1.2 m
(4 ft.). Note: The top of
concrete footing may be
below grade level 10.175
cm to 20.35 cm (4 in. to 8
in.)
vii. Minimum Diameter for
Intermediate Posts
38 mm (1-1/2 in.)
47.5 mm (1-7/8 in.)
viii. Minimum Diameter Top
Rail
32 mm (1-1/4 in.)
41.275 mm (1-5/8 in.)
ix. Minimum Diameter Bottom
Wire
3.7 mm (No. 9 gauge)
3.7 mm (No. 9 gauge)
x. Minimum Diameter Gate
Frame - Pipe
32 mm (1-1/4 in.)
32 mm (1-1/4 in.)
6.
Exceptions
6.1.1.
Notwithstanding any other provision of this By-law to the contrary, Pools known as
"hot tubs", "whirlpools", and "spa's", need not comply with Sections 4.0 and 5.0 of this
By-law provided that a cover, capable of holding 90.72kg (200 Lbs) is provided by the
Owner and is not less than two inches thick constructed of a durable material that is
permanently fixed and secured to the structure and is locked to prevent access when
the structure is not in use.
6.1.2.
Where there exists a 1.2 metre (4 ft.) high chain link or wood fence or lower height
adjacent to a property on the date of passing of this By-law, it is permitted to construct
9
a 1.5 metre (5 ft.) high Pool Enclosure directly adjacent to that fence as long as it
immediately abuts the fence of lower height.
By-law approved this twenty-third day of May, 2006.
2011 04 12