By-law 1743/25 - Fence and Swimming Pool Enclosures
Petawawa, Ontario
· adopted 2025-04-07
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The Corporation of the Town of Petawawa
By-law No. 1743/25
Being a By-law to Regulate and Govern Fences and
Swimming Pool Enclosures in the Town of Petawawa
Whereas subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipal power shall be exercised by by-law;
And Whereas subsection 11(1) of the Municipal Act, 2001 provides that a
municipality may provide any service or thing that the municipality considers
necessary or desirable for the public;
And Whereas paragraph 7 of subsection 11 (3) of the Municipal Act, 2001
provides that a municipality may pass by-laws respecting structures, including
fences;
And Whereas Section 434.1 (1) of the Municipal Act, without limiting sections 9,
10 and 11, a municipality may require a person, subject to such conditions as the
municipality considers appropriate, to pay an administrative penalty if the
municipality is satisfied that the person has failed to comply with a By-law of the
municipality passed under this Act;
Now Therefore the Council of the Corporation of the Town of Petawawa
enacts as follows:
DEFINITIONS
For the purposes of this By-law:
1.1.
"Building" means any structure used or designed to be used for shelter,
accommodation or enclosure of persons, animals or chattels.
1.2.
"Building Inspector" means the Chief Building Official or an Inspector
appointed by by-law by Council for the purposes of enforcement of the
Building Code Act, the Building Code and this By-law.
1.3.
"Chief Building Official (CBO)" means the Chief Building Official or
designate appointed by by-law by Council for the purposes of
enforcement of the Building Code Act, the Building Code and this By-law.
1.4.
"Corner lot" means a lot situated at the intersection of two or more
streets, or upon two parts of the same street, the adjacent sides of which
street or streets (or, in the case of a curved corner, the tangents at the
street extremities of the side lot lines) contain an angle of not more than
one hundred and thirty-five degrees. In the case of a curved corner, the
corner of the lot shall be that point on the street line nearest to the point
of intersection of the said tangents.
1.5.
"Council" means the Council of the Corporation of the Town of
Petawawa.
1.6.
"Fence" means a barrier constructed of chain link or of wood, stone,
metal or material having an equivalent degree of strength used to enclose
or divide in whole or in part a yard or other land, to establish a property
boundary, to provide privacy or to enclose a swimming pool; this does not
include temporary construction fence.
1.7.
"Gate" shall mean any part of a fence enclosure which opens on hinges
and includes a door located in the wall of an attached or detached garage
or carport which forms part of the swimming pool enclosure or fence.
1.8.
"Grade" shall mean when used in reference to a building, the average
elevation of the finished surface of the ground where it meets the exterior
of the front of such building and when used with reference to a structure,
shall mean the average elevation of the finished surface of the ground
immediately surrounding such structure, exclusive in both cases of any
artificial embankment, and when used with reference to a street, road or
highway, means the elevation of the street, road or highway, established
by the Town of Petawawa or other designated road authority. When used
with reference to a fence, shall mean the elevation of the finished
surfaces immediately surrounding the fence.
1.9.
"Height" means the vertical distance measured from the effective ground
level where the fence posts are embedded to the top of the said fence or
posts.
1.10.
"Highway" means a common and public highway and includes any
bridge, trestle or viaduct or other structure forming part of the highway.
1.11.
"Lot" means a parcel or tract of land:
1.11.1
which is a whole lot as shown on a Registered Plan of
Subdivision, but a Registered Plan of Subdivision for the
purposes of this paragraph does not include a Registered Plan
of Subdivision which has been deemed not to be a Registered
Plan of Subdivision under a by-law passed pursuant to Section
50 of the Planning Act.
1.11.2
which is a separate parcel of land the owner of which does not
retain the fee or equity of redemption in, or a power or right to
grant, assign, or exercise a power of appointment with respect
to any abutting land, or
1.11.3
the description of which is the same as in a deed, which has
been given consent pursuant to the Planning Act.
1.11.4
for the purposes of this by-law, a mobile home site shall be
considered a lot.
1.12
"Lot line" means any boundary of a lot or a vertical projection thereof.
1.13
"Lot line, front" means the lot line that divides the lot from the street or
street allowance or private road with the following clarifications:
1.13.1
in the case of a corner lot, the shorter lot line that abuts the
street shall be deemed the front lot line and the longer lot line
that abuts the street shall be deemed the side lot line;
1.13.2
in the case of a corner lot with two street lines of equal lengths,
the lot line that abuts the wider street or abuts a Provincial
Highway or abuts a County Road shall be deemed to be the
front lot line, and in the case of both streets being under the
same jurisdiction, or of the same width, the lot line where the
principal access to the lot is approved shall be deemed to be
the front lot line;
1.13.3
in the case of a corner lot abutting a 0.3 metre reserve the lot
line so abutting the 0.3 metre reserve shall be deemed an
exterior side lot line and the other line abutting the street shall
be deemed the front lot line;
1.13.4
in the case of a through lot, the longer boundary dividing the lot
from the street shall be deemed to be the front line and the
opposite shorter boundary shall be deemed to be the rear lot
line. In case each of such lot lines should be of equal length the
lot line where the principal access to the lot is approved shall
be deemed to be the front lot line.
1.14
"Lot line, rear" means, in the case of a lot having four or more lot lines,
the lot line furthest from and opposite to the front lot line. In the case of a
lot with less than four lot lines, there shall be deemed to be no rear lot
lines.
1.15
"Lot line, side" means a lot line other than a front or rear lot line.
1.16
"Non-residential property" means land used for other than residential
purposes.
1.17
"Permit" means permission or authorization in writing from the Chief
Building Official or Building Inspector to erect enclosures around pools as
regulated by this by-law.
1.18
"Person" means an individual, an association, a chartered organization,
a firm, a partnership or a corporation.
1.19
"Public Authority" means the Council and any School Board, Public
Utility Commission, Transportation Commission, Public Library Board,
Board of Parks Management, Board of Health, Planning Committee or
other board or commission or committee of the Town of Petawawa
established or exercising any power or authority under any general or
special statures of Ontario with respect to any of the affairs or purposes
of the Municipality or a portion thereof, and includes any committee or
local authority established by by-law of the Municipality. "Public Authority"
also includes provincial and federal agencies for the purposes of this by-
law.
1.20
"Residential property" means land used for residential purposes and
includes vacant land zoned Residential.
1.21
"Retaining wall" means a wall or similar structure built to hold back,
confine, or sustain the pressure from a bank of earth, loose stone or fill
material separating two grade levels.
1.22
"Salvage yard" means a lot and /or premises for the storage and/or
handling and/or sale of scrap or used materials, which, without limiting
the generality of the foregoing, shall include waste paper, rags, wood,
bottles, bicycles, vehicles, tires, metal and/or other scrap material and
salvage includes a junk yard, scrap metal yard and a wrecking yard,
including ancillary automotive sales and service establishment and
premises.
1.23
"Swimming pool" means a privately owned outdoor structure erected or
installed above ground or wholly or partly below ground, and includes a
basin, chamber or tank containing or capable of containing water, and is
designed to be used for swimming or wading and:
1.23.1
has a depth equal to or more than 45 centimetres at any point;
1.23.2
is not a pond or reservoir to be utilized for farming purposes;
1.23.3
excludes outdoor hot tubs, whirlpools or spas provided that a
lockable cover is fixed securely to the unit; and
1.23.4
excludes storm water management ponds.
1.23.5
For the purposes of regulations pertaining to lot coverage in this
By-law, a private outdoor swimming pool shall be deemed not to
be a building or structure.
1.24
"Swimming Pool Enclosure" means any combination of fence, wall or
other structure, including gates, surrounding a pool to restrict access
thereto.
1.25
"Town" means the Corporation of the Town of Petawawa.
1.26
"Yard" means an open space on the same lot with a building or structure
or excavation, unoccupied and unobstructed except as for such
accessory buildings, structures or uses specifically permitted in the
Zoning By-law.
1.27
"Yard, front" means a yard extending across the full width of a lot
between the front lot line and the nearest part of any building, structure or
excavation on the lot.
1.28
"Yard, rear" means a yard extending across the full width of a lot
between the rear lot line and the nearest part of any building, structure or
excavation on the lot.
1.29
"Yard, side" means a yard extending from the front yard to the rear yard
of a lot and from the side lot line of such lot to the nearest part of any
building, structure or excavation on the lot.
1.30
"Yard, exterior side" means a yard adjacent to a street between the
nearest part of any building, structure or excavation on the lot and a
street, a 0.3 metre reserve or a road allowance, extending from the front
yard to the rear lot line.
1.31
"Zoning By-law" means any by-law administered by the Municipality
passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13.
GENERAL PROVISIONS
2.1
Calculation of Height
The height of a fence at any given point shall be measured from the grade
at the base of the fence. If a fence is erected on a retaining wall, the height
of the retaining wall is included in the overall height of the fence.
2.2
Visibility Triangles - Corner Lots
At the intersection of any two streets, no fence shall be erected, no
landscaping materials shall be allowed to grow, no land shall be graded and
no vehicle shall be parked above the height of 0.75 metres above the
centreline grade of such streets, so as to materially impede the vision of the
operator of a vehicle on the street, within the triangular area bounded by the
lot lines to a distance of 6.0 metres from the points of intersection of the
corner lot lines, or of the projection of the corner lot lines, or within such
area required according to the standards of the Ministry of Transportation. At
all intersections involving a Provincial Highway, the requirements of the
Ministry of Transportation regarding visibility triangles shall apply.
2.3
Materials and Construction
2.3.1 No person shall erect a fence or cause a fence to be erected:
2.3.1.1 which is wholly or partly constructed of chicken wire or
barbed wire;
2.3.1.2 which is electrified (not applicable to in-ground pet fencing);
2.3.1.3 in a manner that renders an existing swimming pool
enclosure into nonconformity.
2.3.2 No person shall replace, or cause or permit the replacement of any
section of a fence, with anything other than similar suitable materials
and in a manner that maintains a uniform appearance so as not to
appear unsightly.
2.3.3 No person should erect a fence unless the fence is constructed and
finished in such a manner to present the finished side toward the
public street and/or the neighbouring property with the exception of
Pool Enclosures which are subject to the provisions in Section 4.2.
2.3.4 Notwithstanding Section 2.3.1.1, where required for the safety or
protection of property in a zone other than a residential zone, the
portion of any fence above 2.5 metres may be wholly or partially
constructed of barbed wire.
2.3.5 Notwithstanding Section 2.3.1.2, an electrified fence may be erected
on land within a Rural zone, provided such fence:
2.3.5.1 has a maximum 12-volt trickle charge;
2.3.5.2 is designed and erected solely to contain animals; and
2.3.5.3 has attached thereto, at approximately 15 metre intervals, a
sign warning that the fence carries electricity.
2.4
Prohibition of Fences on Town Land
No person shall erect a fence on public property, including any public
highway, without the express prior written consent of the applicable public
authority.
FENCES ON RESIDENTIAL PROPERTY
3.1 Height
No person shall construct a fence in a residential zone greater than 2.4
metres in height in any yard.
3.2 Residential Exceptions
3.2.1 Notwithstanding 3.1, a fence constructed in any front yard may not
exceed 0.75 metre in height.
3.2.2 Notwithstanding 3.1, no person shall erect a fence along a side lot line
that is higher than 0.75 metre within 6 metres of the nearest front lot
line on any land used for residential purposes.
3.2.3 A fence may be erected in a rear or side yard enclosing any tennis
court or similar private sports facility not including a pool that is:
3.2.3.1 no higher than 3.7 metres;
3.2.3.2 constructed of chain link with adequate posts, support wires
and bracing of a corrosive resistant or treated material;
3.2.3.3 not closer than 0.75 metre to any property line.
3.2.4 Section 3.1 shall not apply where the fence is:
3.2.4.1 a noise control barrier erected by or as a requirement of a
government agency acting pursuant to statutory authority; or
3.2.4.2 located on land abutting land used for industrial or
commercial purposes, railway right of way or utility
installations. In these cases, the fence height may not
exceed 3 metres.
FENCING PRIVATELY OWNED OUTDOOR SWIMMING POOLS
4.1 Permit
4.1.1 No person shall construct or replace a swimming pool without first
obtaining a building permit for a swimming pool enclosure.
4.1.2 All Permit applications shall be accompanied by the following;
4.1.2.1 plans showing the location of the proposed swimming pool
including setbacks (pool to enclosure and pool enclosure to
lot lines), all enclosures, details of each entrance and
showing the location of all proposed pool equipment such as
filters, slides, and heaters;
4.1.2.2 the applicable fee as prescribed in the building by-law.
4.1.3 The CBO or Building Inspector shall issue a permit for a swimming
pool enclosure where the plans submitted comply with this by-law and
the Zoning By-law.
4.2 Swimming pool enclosure
4.2.1 Every swimming pool shall be enclosed by a swimming pool enclosure
which shall:
4.2.1.1 extend from the ground to a height of not less than 1.524
metres and not more than 2.4 metres and is to be located no
closer than 1.2 m from the edge of the pool;
4.2.1.2 be of a boarded, chain link or other approved design, to
reasonably deter a person from climbing it to gain access to
the fenced-in area;
4.2.1.3 any opening through or under any part of the enclosure shall
be of a size so as to prevent the passage of a spherical
object having a diameter of 10 cm;
4.2.1.4 all structural horizontal members are to be located inside the
enclosure and be no closer than 1.2 metres apart, to prevent
easy climbing;
4.2.1.5 gates in the enclosure shall be equipped with self-closing
and a self-latching device located at the top and inside the
gate and be lockable;
4.2.1.6 a wall or walls of a building or buildings may form part of
such enclosure provided that all doors affording access from
a building directly to an enclosed swimming pool area, other
than doors located in a dwelling unit, are equipped with a
self-closing device and a self-latching device located not less
than 1.2 metres above the bottom of the door;
4.2.1.7 where the walls of an above ground pool form part of the
enclosure, the combination of pool walls and enclosure must
be a minimum of 1.524 metres in height; and
4.2.1.8 where a deck forms part of the enclosure, it shall meet all
regulations in Section 4 of this by-law.
4.2.2 No person shall place more than 45 centimetres of water in a pool in
the Town of Petawawa unless the prescribed enclosure has been
erected in accordance with the provisions of this by-law and such
enclosure has been permitted, inspected and approved.
FENCES ON NON-RESIDENTIAL PROPERTY
5.1 Height
No person shall erect or replace a fence that is higher than 3 metres on a
non-residential property.
5.2 Location
No person may have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence to enclose a front yard of a lot used
primarily for industrial or commercial purposes unless the fence is set back a
minimum of 7.5 metres from the front lot line.
5.3 Salvage Yard
Every owner or operator of a salvage yard shall erect and maintain a fence of
solid materials and uniform construction around the salvage yard with a
minimum height of 2.4 metres.
ADMINISTRATION AND ENFORCEMENT
6.1 The Chief Building Official or said designate shall be responsible for the
administration and enforcement of this by-law.
6.2 Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial
Offences Act.
SEVERABILITY
7.1 In the event any part or provision of this By-law is held invalid, the remainder
of the By-law shall continue in force.
7.2 Where there is a conflict between this By-law and any other By-law of the
Town, the provisions of this By-law shall prevail.
REPEALED
8.
Town of Petawawa By-law 378/06 and all of its amendments are hereby
repealed.
SHORT TITLE
9.
This by-law may be referred to as the "Fence By-law".
EFFECTIVE DATE
10. This by-law comes into force on the day it is passed by Council.
By-law read a first and second time this 7th day of April 2025.
By-law read a third time and passed this 7th day of April 2025.
"Original Signed"
Signature of the Mayor
"Original Signed"
Signature of the Clerk