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## THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN
## BY-LAW NUMBER 2009-22
## Being a By-law for the Protection of Persons and Property
WHEREAS Section 102 of the Municipal Act, R.S.O., 1990 C.M45 provides that the Council of a municipality may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law;
AND WHEREAS the Township of Otonabee-South deems it necessary to deems it necessary to adopt a policy regarding swimming pools within the Township of Otonabee-South Monaghan.
NOW THEREFORE the Council of the Corporation of the Township of Otonabee-South Monaghan hereby enacts as follows:
1. SHORT TITLE This By-law may be cited as "The Pool By-law."
DEFINITIONS In this By-law, the definitions hereinafter set out shall apply:
Engineer.
Building Inspector or Inspector - shall mean an inspector appointed by the Municipality pursuant to the provision of this By-law, and includes the Chief Building Official and the Municipal Chief Building Official - shall mean a person appointed by the Municipality pursuant to the provision of this By-law.
Construct - shall mean to do anything in the erection, installation, extension or material alteration or repair, or removal of any building or structure of any part thereof.
Construction Value - shall mean the total value of all design attributable to and/or which an application has been submitted.
services, labour materials, overhead and related services Effective Grade Level - shall mean the average level of ground at a particular location taking into consideration the surrounding ground level for a horizontal distance of 1.2m (4 feet) either side of the locations being considered.
Homeowner - shall mean the owner of a building who is engaged in performing plumbing work for himself.
Municipality - shall mean the Corporation of the Township of Otonabee-South Monaghan.
Notice by Municipality - shall mean written notice either personally delivered or sent by prepaid registered mail to the owner at the address shown in the last revised assessment roll. If sent by prepaid registered mail, the notice shall be deemed to be received on the fifth day after mailing.
Owner - shall mean a lessee, tenant, mortgagee in possession and
the person in charge of land for which a Building Permit is to be, or has been obtained Permit - shall mean permission or authorization in writing by the person having jurisdiction to regulate the work.
Privately Owned Outdoor Swimming Pool - shall mean any privately owned body of water located outdoors above or below finished grade on privately owned property, contained in part or in whole by artificial means in which the depth of water at any point can exceed 610mm (24 inches) and is used or is capable of being used for swimming, or diving purposes. Not included in this definition is any swimming pool owned by a public or government body, agency or authority.
Service Entrance - shall mean the entrance into a building which is normally used by persons delivering goods or rendering maintenance service as opposed to the main or principle entrance. For the purpose of this By-law any building entrance other than the principle entrance may be considered to be a service entrance.
Swimming Pool - shall mean any body of water outdoors contained by an artificial structure, and used or maintained for the purpose of swimming, wading, bathing or diving.
areas within the swimming pool enclosure.
Swimming Pool Area - shall mean the swimming pool plus any surrounding platforms, walkways, play areas and landscaped Temporary Enclosure - means a fence, used for the purposes of temporarily enclosing a swimming pool or pool excavation.
## SECTION 3 - PERMITS
obtaining a permit for a swimming pool enclosure from the
the preten or any suitely owned, or ect, or ourse or permit.
3.1 No person shall excavate for, or cause or permit excavation for Municipality.
An application for a permit to construct a swimming pool enclosure around a privately-owned outdoor swimming pool shall be submitted together with plans showing the location of the swimmis and il provide ful detail of aty renuired to cures in duplicate showing all details of the proposed work.
An application for a permit shall:
accordance with Schedule "A"
b) Be accompanied by the required fee as calculated in
a) State the estimated value of construction the contents of the application.
c) Be signed by the applicant who shall certify as to the truth to No person shall be issued a permit without first complying with the provisions of the Zoning By-law of the Municipality of Otonabee-South Monaghan in respect of privately owned outdoor swimming pools.
privately owned swimming pool without first obtaining a
No person shall connect any drain or water supply directly to a plumbing permit from the Municipality.
## SECTION 4 - SWIMMING POOL ENCLOSURE REQUIREMENTS
4.1 The owner of any lands on which a privately owned outdoor swimming pool is located or erected or proposed to be located or erected shall and maintain in good order a swimming pool enclosure around the entire swimming pool area.
No person shall place water in or cause water to be placed in a privately owned outdoor swimming pool or allow water to remain therein unless the swimming pool enclosure requirements are in existence.
outdoor swimming pool while under construction shall be enclosed with a temporary enclosure as
A privately owned defined herein except where the swimming pool enclosure requirements are in existence.
A temporary enclosure shall consist of a 1.2m (4 ft.) high plastic mesh fence having a mesh or greater than 38mm (1 ½ in.) with a steel T-bar post every 3.0 m (10 ft.) maximum and a 9 ga. galvanized steel wire located at the top and bottom of such fence, or be constructed of material that will provide an equivalent degree of safety.
Every privately owned outdoor swimming pool shall be enclosed by a swimming pool enclosure which extends from 50mm (2 in.) above the effective grade level to a minimum vertical height of:
dwelling units.
a) 1.2m. (4 ft.) in the case of a privately owned outdoor swimming pool serving a detached, semi-detached, row house or multiple family development of not more than four b) 1.83m. (6 ft.) in the case of a privately owned outdoor swimming pool serving a multiple family development containing more than four dwelling units or a commercial development, such as a hotel, motel, swimming pool sales display, or a club.
The wall of a building may form part of the required swimming pool enclosure provided that the main entrance to the building is not located in such wall, and any service entrance located herein shall have a self closing door equipped with a self latching device located not less than 1.5m. (5 ft.) above the bottom of the door.
4.7 No members or attachments that could facilitate climbing are permitted on the exterior face of a swimming pool enclosure, between 100mm (4 in.) and 1.5m. (5 ft.) from the effective grade level.
No swimming pool enclosure shall be located closer than 1.2m (4 ft.) to any condition that facilitates the climbing or the enclosure unless the height of the swimming pool enclosure is 1.5m. (5 ft.) for a distance of at least 1.0m. (3.3 ft.) on either side or such with Sections 5 and 6 of this By-law.
4.9 The swimming pool enclosure shall be constructed in accordance SECTION 5 - FENCES AS SWIMMING POOL ENCLOSURES
5.1 A fence which is to form a swimming pool enclosure or part thereof shall be of:
a) Chain link construction
b) Vertical board construction
c) Of such other materials and construction that will
provide an equivalent degree of safety or
d) A combination of (a), (b), and (c)
5.2 A fence of chain link construction shall:
equivalent to 12 ga. wire;
a) Have a mesh not greater than 38mm (2in.) consisting of 12 ga. galvanized steel wire, or of 14 ga. steel wire covered with vinyl or other approved plastic which would yield a total thickness posts spaced not more than 3.0 m (10 ft.) apart. Such posts b) Be supported by minimum 38mm (1 ½ in.) galvanized steel m. (4 ft.) high and 1.2 m. (4 ft.) below grade for a fence 1.5m.
must extend at least 0.9m (3 ft.) below grade for a fence 1.2
(6 ft.) high;
c) Have top and bottom rails firmly fastened to the upright posts, made of minimum 32mm (1 ¼ in.) galvanized steel pipe. (A galvanized steel tension rod 5mm may be substituted for the bottom rail.)
## 5.3 A fence of vertical board construction shall:
a) have vertical boarding 25mm (1 in.) thick nominal attached to a top and bottom rail in such a manner as to not facilitate climbing from the outside. Such vertical boards must not be less than 23 mm × 100mm (1 in. x 4 in.) nominal and must be soaced not more than 38mm (1½ in.) apart:
b) be supported by posts at least 100 mm. x 100 mm.
(4 in. x 4 in.) nominal, spaced not more than 2.4m (8 ft.)
apart. Such posts shall extend at least 0.9 m. (3 ft.) into the ground for a 1.2m (4 ft.) high fence and 1.2m (4 ft.) into the ground for a 1.5m (6 ft.) high fence and be securely embedded therein. The portion below grade shall be treated with an approved wood preservative or be of pressure treated wood;
c) have top and bottom rails of at least 50mm x 100 mm
(2 in. x 4 in.) nominal dimensions.
## Fences that form part of the required swimming pool enclosure
shall:
a) contain no barbed wire, electrical wiring, sharp projections or any other dangerous characteristics either on the outside or inside;
b) be located not less than 1.2m (4 ft.) from the nearest inside welted surface of the swimming pool wall.
SECTION 6 - GATES AND ENTRANCES TO THE SWIMMING POOL AREA
6.1 Gates which form a part of the swimming pool enclosures shall be:
a) of construction and height equivalent to or greater than that of the required swimming pool enclosure;
the top and on the inside of the gate;
c) self closing and equipped with a self latching device placed on
b) supported on substantial hinges;
d) equipped with a locking device
6.2 All entrances to the swimming pool area which form part of the swimming pool enclosure, whether they be doors, windows or gates, shall be kept locked at all times except when the swimming pool is being supervised by a responsible adult person.
6.3 When a wall or portion thereof, of any building located on the same property as a swimming pool enclosure forms part of such enclosure, no entrances to the pool area shall be permitted through such wall, unless;
a) any door at the entrance way shall be self closing and equipped with a self latching device located not less than
1.5m. (5 ft.) above the bottom of the door;
nearest inside wetted surface of the swimming pool wall.
b) such wall is located no closer than 1.2m (4 ft.) from the
## SECTION 7 - ABOVE GROUND SWIMMING POOLS, HOT TUBS, WHIRLPOOLS AND SPA'S
For the purposes of this By-law above ground privately owned swimming pools are considered to be the same as in ground privately owned swimming pools, and require the same enclosures around the entire pool except as provided in Subsection 7.2.
of 1.2m (4 ft.) above the effective grade level and is constructed in a manner that will not facilitate climbing; and is a solid wall material.
(b) a guard of not less than 1.0m (3.3 ft.) in height is provided around any platform or deck and is constructed in a manner that will not facilitate climbing.
- (3.3 ft.) measured from the inside wetted wall of the pool.
(c) any integral platform or deck provided around an above ground swimming pool shall have a minimum width of 1.0m Any gate or entrance to an above ground swimming pool shall be protected in accordance with Section 6 of the By-law.
Structures known as "hot tubs", "whirlpools", and Spa's need not comply with requirements of Section 4 and Section 5 of this bylaw provided that a secure cover sufficient to close the opening is placed over the opening and is locked to prevent access when the structure is not in use.
All blow up type pools require an enclosure of at least 1.2m ( Aft.)
7.5 high and 1.2m. (4 ft.) from pool sides.
SECTION 8 - PENALITIES
guilty of an offence and upon conviction is liable to the fines and
Every person who contravenes any provision of this By-law is P.33 as amended.
penalties prescribed by the Provincial Offences Act, R.S.O. 1990 c.
## SECTION 9 - REPEAL AND TRANSITION
9.1 By-law Number 2002-32 of the former Township of OtonabeeSouth Monaghan is hereby repealed.
Notwithstanding Subsection 6.1 hereof, the provisions of the preceding By-laws continue to apply to any swimming pool enclosure or fence legally existing on property on the day of passing of this By-law until such time as the existing fence is replaced.
2009.
9.3 This by-law shall come into force effect on the 4th day of May, Read a First time this 4*h day of May, 2009
Read a Second time this 4th day of May, 2009 Read a Third time and finally passed this 4** day of May A.D. 2009.
Head of Council - David P. Nelson
Delhila Heather scott
## Clerk Heather Scott
## Fees
## YEAR - 2009
| COLUMN 2 - PERMIT FEES $9.00/ $1,000 of construction value | $100.00 |
|--------------------------------------------------------------|----------------------------------------------------|
| Column 1 - CLASS OF PERMIT | In Ground Swimming Pool Above Ground Swimming Pool |
## YEAR - 2010
*Note: Swimming Pool Surcharge for residents on serviced lots $100.00
| COLUMN 2 - PERMIT FEES $9.50/ $1,000 of construction value $100.00 |
|-------------------------------------------------------------------------------|
| Column 1 - CLASS OF PERMIT In Ground Swimming Pool Above Ground Swimming Pool |