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BY-LAW NO. 2010-090
"A BY-LAW TO REGULATE PRIVATELY OWNED SWIMMING
POOL FENCES WITHIN THE CITY OF OWEN SOUND"
Originally Passed and Enacted May 10, 2010
Amended By By-law:
Passed On:
2011-110
June 20, 2011
Consolidated Version
Revised and Verified June 24, 2013
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracies of these by-laws, they are not official
versions or legal documents. The original by-laws should be consulted for all interpretations
and applications on this subject. For more information or original signed copies of by-laws
please contact the City Clerk's Department.
BY-LAW NO. 2010-090
THE CORPORATION OF THE CITY OF OWEN SOUND
A
BY-LAW
TO
REGULATE
PRIVATELY
OWNED
SWIMMING POOL FENCES WITHIN THE CITY OF
OWEN SOUND
WHEREAS section 130 of the Municipal Act, 2001, S.O. 2001, c.25,
as amended, authorizes a municipality to regulate matters for purposes related
to the health, safety and well-being of the inhabitants of the municipality;
AND WHEREAS section 11(1)7 of the Municipal Act, 2001, S.O.
2001, c.25, as amended, authorizes a municipality to pass by-laws respecting
matters relating to structures, including fences;
AND WHEREAS the Council of the City of Owen Sound deems it
desirable to enact such a By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
SECTION 1. - SHORT TITLE
1.1
This By-law may be cited as the City of Owen Sound Pool Fence By-law.
SECTION 2. - DEFINITIONS
2.1
Barrier means a fence, privacy screen, sound barrier, retaining wall or
safety barrier.
2.2
Chief Building Official means the Chief Building Official appointed by
the Council of the Corporation of the City of Owen Sound or their
designate.
2.3
City means the Corporation of the City of Owen Sound.
2.4
Fence means a barrier constructed of chain link, wood, stone, metal or
other material to enclose a swimming pool on a property.
2.5
Gate means a swinging or sliding barrier used to fill or close an access
and includes a door.
2.6
Hydro Massage Pool means those pools commonly referred to as a hot
tub, a whirl pool, a Jacuzzi, or a spa.
2.7
Officer means the Chief Building Official, a Building Inspector, a By-law
Enforcement Officer as appointed by the City to enforce provisions of by-
laws, or a Police Officer appointed under the Police Services Act.
2.8
Owner means the registered owner of the property, occupant, resident,
or tenant, lessee, mortgagee in possession or the person in charge of the
property acting as the authorized agent of the owner.
2.9
Self-Closing Device means a mechanical device or spring which returns
a gate to its closed position within 30 seconds after it has been opened.
2.10 Self-Latching Device means a mechanical device or latch which is
engaged each time the gate is in its closed position, which will not allow
the gate to be re-opened by pushing or pulling, and which will ensure the
gate remains closed until unlatched by either lifting or turning the device
itself directly or by a key.
2.11 Swimming Pool means a structure, basin, chamber, or tank containing
or capable of containing water, designed to be used for swimming or
wading that has a depth of more than 0.4 metres at any point or has a
surface area of more than 2 square metres.
2.12 Swimming Pool Fence means a barrier, wall, structure or building which
encloses a swimming pool.
By-law 2010-090
Page 3 of 4
SECTION 3. - REGULATIONS FOR FENCES ENCLOSING SWIMMING
POOLS
3.1
No person shall construct or install or cause to be constructed or installed
a swimming pool without having first obtained a Swimming Pool Fence
Permit from the Chief Building Official.
3.2
No person shall construct an in ground swimming pool without first
installing
temporary
fencing
during
construction
to
enclose
the
excavation.
3.3
Section 3.2 shall not apply to any yard with a permanent fence and gate
maintained to this By-law's requirements as set out in Section 4 for
fences and gates enclosing swimming pools.
3.4
The owner shall ensure that the required temporary fencing be in place
during all phases of construction.
3.5
No person shall construct, or cause to be constructed a swimming pool
fence or gate that does not conform to the requirements of this By-law.
3.6
No person shall place water in a swimming pool or allow water to remain
therein, unless a swimming pool fence and gate have been erected as
required by this By-law.
3.7
No person shall use or permit to be used a swimming pool with a fence or
gate that does not conform to the requirements of this By-law.
3.8
No person shall replace a swimming pool fence without having first
obtained a Swimming Pool Fence Permit from the Chief Building Official.
3.9
No person shall place or store materials or objects against the outside of a
swimming pool fence that would facilitate climbing.
3.10 No person shall keep, have or maintain a swimming pool fence or gate
except in accordance with this By-law.
3.11 An enforcing officer after discovering a violation of Section 3, may cause
the violation to be corrected and the costs of such action be charged to
the owner in a like manner as taxes.
By-law 2011-110
3.12 The requirements of this By-law shall not apply to a Hydro Massage Pool
provided that the Hydro Massage Pool is fitted with a cover of rigid
material that is placed over the entire opening of the Hydro Massage Pool
and is secured in place in order to prevent access by unauthorized
persons when the Hydro Massage Pool is not in use.
SECTION 4. - SWIMMING POOL FENCE AND GATE REQUIREMENTS
4.1
Every swimming pool shall be enclosed by a swimming pool fence, which
is of sturdy construction and capable of preventing unauthorized entry.
4.2
Every swimming pool fence gate shall be equipped with a self-closing
device and a self-latching device, and the self latching device shall be
located at least 1.2 metres above grade.
4.3
Every swimming pool shall be enclosed by a swimming pool fence and
gate, which shall extend from grade to a height of not less than 1.2
metres.
4.4
Every fence enclosing a swimming pool shall not have any openings that
would allow the passage of a spherical object having a diameter greater
than 10 centimetres, except every chain link fence shall have a link
opening of no greater than 3.8 centimetres.
4.5
All fences enclosing a swimming pool shall have a minimum vertical
distance of 1.0 metres between each horizontal rail.
By-law 2010-090
Page 4 of 4
4.6
No swimming pool fence shall have horizontal or diagonal bracing or
attachments on the outside that may facilitate climbing.
4.7
Where a deck forms part of the swimming pool fence, the deck shall meet
all regulations in Section 4 of this By-law and comply with all applicable
law.
4.8
The provisions of Section 4 of this By-law shall apply to all privately
owned outdoor swimming pools regardless of the date of construction of
the swimming pool.
SECTION 5. - PENALTY
5.1
Any person who contravenes the provisions of this By-law is guilty of an
offence and upon conviction therefor is subject to the penalty set out in
the Provincial Offences Act.
SECTION 6. - TERMS SEVERABLE
6.1
The terms and provisions of this By-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be
legally unenforceable, inoperative or invalid, the remainder of the By-law
shall continue to be in full force and effect.
SECTION 7. - BY-LAWS REPEALED
7.1
By-law Numbers 3392, 1982-78, 1992-51 and 1992-107, are hereby
repealed.
SECTION 8. - EFFECTIVE DATE
8.1
This By-law shall come into full force and effect upon the final passing
hereof.
FINALLY PASSED AND ENACTED this 10th day of May, 2010.
Signature on file
Mayor
Signature on file
Deputy Clerk