Municipal Code Chapter 591 - Fences - Swimming Pools — full text

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( 591.1.1 591.1.2 591.1.3 591.1.4 591.1.5 591.1.6 591.1.7 591.1.8 591.1.9 591.1.10 591.2.1 591.2.2 591.2.3 591.2.4 591.3.1 PROPERTY MAINTENANCE Chapter 591 FENCES - SWIMMING POOLS CHAPTER INDEX Article 1 INTERPRETATION Above ground privately-owned swimming pool Backflow preventer - defined Building Inspector - defined Enclosure - defined Gate - defined Owner - defined Person - defined Pool area - defined Privately-owned outdoor swimming pool - defined Privately-owned property - defined Article 2 GENERAL PROVISIONS Construction - maintenance - responsibilities Enclosures - maintenance - erection - after enactment Fences - prior to enactment - conditions By-laws - other - application Article 3 FENCE-ENCLOSURE Around entire pool - maintained - good order PETERBOROUGH S9l.l JULY 1991 Amended by ByLaw 94-112 FENCES - SWIMMING POOLS 59 1.3.2 Pool - filled - partially - fully 59 1.3.3 Height - minimum - vertical - from grade - required 59 1.3.4 Wall - part of enclosure - permitted - exceptions 59 1.3.5 Exterior - no attachments - prevention - of climbing 591.3.6 Construction - wood - chain link - other 591.3.7 Chain link - diamond mesh - maximum size 59 1.3.8 Chain link - galvanized steel - coated - minimum gauge 591.3.9 Chain link - supports - specifications 591.3.10 Chain link - top - bottom - supports - required 591.3.11 Chain link - vinyl - substituted - for galvanized 59 1.3.12 Wood - vertical boarding - prevention of climbing 59 1.3.13 Wood - board dimensions - spacing - requirements 59 1.3.14 Wood - supports - size - depth - spacing 591.3.15 Wood - posts - below grade - treated 59 1.3.16 Wood - top - bottom - supports - required 59 1.3.17 Barbed wire - electric - dangerous - prohibited Article 4 GATES - ENTRANCES 59 1.4.1 Gate - height - construction 59 1.4.2 Gate - supported - substantial hinges 59 1.4.3 Gate - self-closing - latching - inside - minimum height 59 1.4.4 Gates -2 adjacent - 1 fixed - or centre post 591.4.5 Doors - heights - construction - safe - rigid 591.4.6 Doors - supported - substantial hinges 591.4.7 Doors - self-closing - latching - inside - minimum height 591.4.8 Locked - when not supervised 0 JULY 1991 591.2 PETERBOROUGH FENCES - SWIMMING PUOLS Article 5 PERMITS 591.5.1 Requized - excavation - construction - fee 591.5.2 Application - plans - information - requirements Article 6 ABOVE GROUND SWIMMING POOLS 591.6.1 Fence - not required - pool waIl-S feet above grade 59 1.6.2 Entrance - gate - self-closing - latching - height 591.6.3 Gates - 2 adjacent - 1 fixed - or centre post Article 7 PLUMBING FACILITIES 591.7.1 Connection backflow preventer - water supply - sewer 591.7.2 Hose bib - for filling - backflow prevented required Article 8 ENFORCEMENT 59 1.8.1 Fine - for contravention 591.8.2 Continuation - repetition - prohibited Article 9 ENACTMENT 591.9.1 Effective date PETERBOROUGH 591.3 JULY 1991 9I.1.1 gN6-WIWANOP66Lg Article 1 INTERPRETATION Q 591.1.1 Above ground privately-owned swimming pool "above ground privately-owned swimming pool" means a structure which is capable of retaining a body of water located outdoors on privately-owned property in which the depth at any point can exceed 30cm (12 inches) and is used or is capable of being used forswimming, wading, diving or bathing and the outside wall of the said pool is elevated at least 1.6 metres (5 feet) above the grade abutting such wall. "591.1.2 Backflow preventer - defined "backflow preventer" means the use of an air gap to prevent backflow, or an atmospheric or pressure type vacuum breaker, or any other device, used to prevent backflow, which device is certified by the Canadian Standards Association to CSA Standard B.64. (94-112) 591.1.3 Building Inspector - defined "Building Inspector" means the Chief Building Official and any build ing inspectors appointed by by-law of Council of The Corporation of the City of Peterborough pursuant to the Building Code Act, as amended. 591.1,4 Enclosure - defined "enclosure" means a fence, wall or other structure, including doors and gates, surrounding a privately-owned outdoor swimming pool to restrict access thereto. 591.1.5 Gate- defined "gate" means an entrance barrier closing the opening to a pool area. 591.1.6 Owner - defined "owner" means the registered title holder or any person in possession of privately-owned property. 591.1.7 Person - defined "person" includes an owner, lessee, tenant or other person in posses sion of property upon which a privately-owned outdoor swimming pool is located. 591.1.8 Pool area - defined "pool area" means that area of land abutting the pool extending from the edge of said pool a distance of 1.2 metres (4 feet). 0 JULY 1991 591.4 PEThRBOROUGH 591.1.9 FENCES - SWIMMING POOLS 591.2.4 591.1.9 Privately-owned outdoor swimming pool - defined "privately-owned outdoor swimming pool" means any body of water or pool of water located outdoors on privately-owned property in which the depth at any point can exceed 30cm (12 inches) and is used or is capable of being used for swimming, wading, diving, or bathing, but does not include above ground privately-owned swimming pool. 591.1.10 Privately-owned property - defined "privately-owned property" means any property located wholly or partly within the City of Peterborough and the said property is not owned by The Corporation of the City of Peterborough. Article 2 GENERAL PROVISIONS 591.2.1 Construction - maintenance - responsibilities This Chapter and the obligations thereunder, as it would pertain to any owner of land on which a privately-owned outdoor swimming pool is located or erected, or any person who fills, or partially fills, a private ly-owned outdoor swimming pool with water, shall specify obligations as it would pertain to Ihe construction and maintenance of fences and enclosures that are erected on any date after December 31, 1987. 591.2.2 Enclosures - maintenance - erection - after enactment The obligations to appropriately maintain an enclosure as required by this Chapter shall apply to all enclosures erected or placed on any property within the City of Peterborough on any date after December 31, 1987. 591.2.3 Fences - prior to enactment - conditions The provisions of this Chapter shall not apply to a fence or enclosure erected prior to January 1st, 1988, provided that such fence or enclosure complies with the provisions of By-law 1969-53, as amended, and that such fences or enclosures are maintained in accord ance with the provisions of By-law 1969-53, as amended. 591.2.4 By-laws - other - application By-law 1969-53 and section 11 of By-law 1982-3 of The Corporation of the City of Peterborough, shall remain in full force and effect as it would pertain to the obligations recited thereunder in regard to enclosures and fences constructed prior to January 1st, 1988. PErERBOROUGH 591.5 JULY 1991 591.3.1 FENCES - SWIMMING POOLS 591.3.5 Article 3 FENCE-ENCLOSURE (3 591.3.1 Around entire pool - maintained - good order Any owner of land on which a privately-owned outdoor swimming pool is located or erected, or proposed to be located or erected, shall erect and maintain, in good order, an enclosure around the entire pool area in accordance with the provisions of this Chapter. 591.3.2 Pool - filled - partially - fully No person shall fill or parlially fill a privately-owned outdoor swim ming pool with water or allow water to remain therein unless the required enclosure prescribed by this Chapter has been provided. 591.3.3 Height - minimum - vertical - from grade - required Any fence to enclose a pool area shall extend from grade level to a minimum vertical height of: (a) 1.22 metres (4'O") in the case of a privately-owned outdoor swimming pool serving a detached or semi-detached dwell ing unit or a multiple family development of not more than four (4) dwelling units; (b) 1.83 metres (6'O") in the case of a privately-owned outdoor swimming pool serving a multiple family development con taining more than four (4) dwelling units; or a commercial development, such as a hotel, motel, swimming pool sales display or a club. 591.3.4 Wall - part of enclosure - permitted - exceptions The wall of a building may form part of the required enclosure, except where: (a) the main building entrance is located within the pool enclosure; or (b) the service entrance to a multiple occupancy building con taining more than four (4) dwelling units is located within the pool enclosure; or (c) a utility meter or furnace oil filler pipe is located within the pool enclosure. 591.3.5 Exterior - no attachments - prevention of climbing The required pool enclosure shall have no attachments on the exterior face thereof such as horizontal or diagonal bracing, horizontal rails or other appurtenances which would facilitate climbing. 0 JULY 1991 591.6 PETERBOROUGH 591.3.6 FENCES - SWIMMING POOLS 591.3.13 591.3.6 Construction - wood - chain link - other A fence or its equivalent, forming part of a pool enclosure shall be of vertical boarded wood construction, chain link construction or of other materials and construction as provided for in Sections 591.3.7 through 591.3.17 inclusive. 591.3.7 Chain link - diamond mesh - maximum size A fence or its equivaleni, forming part of a pool enclosure, if of chain link construction, shall be not greater than 50 mm (2") diamond mesh. 591.3.8 Chain link - galvanized steel - coated - minimum gauge A fence or its equivalent, forming part of a pool enclosure, if of chain link construction, shall be constructed of galvanized steel wire not less than No.12 gauge orofa minimum No.14 gauge steel wire with a vinyl or other approved coating forming a total thickness equivalent to No.12 gauge galvanized wire. 591.3.9 Chain link - supports - specifications A fence or its equivalenl, forming part of a pool enclosure, if of chain link construction, shall be supported by at least 38mm (1.5') diameter galvanized steel posts each covered by a minimum 51 mm (2') of concrete from grade to a minimum of 0.91 metres (3') below grade such posts to be spaced not more than 3.0 metres (10') apart. "5913.10 Chain link - top - bottom - supports - required A fence or its equivalent, forming part of a pool enclosure, if of chain construction, shall have top and bottom horizontal rails of 32mm (1.25") mini diameter galvanized steel, except that minimum 9 gauge galvanized steel wire gauge wire with vinyl or other approved coating, forming a total thickness equiv to 9 gauge galvanized wire, may be substituted for a bottom horizontal rail." (94- 591.3.11 Chain link - vinyl - substituted - for galvanized A vinyl or other approved coating may be substituted for the gal vanized coating on a fence of chain link construction. 591.3.12 Wood - vertical boarding - prevention of climbing A fence or its equivalent, forming part of a pool enclosure, if of wood construction, shall have the vertical boarding attached to supporting member, all of which are arranged in such a manner so as not to facilitate climbing from the outside. 591.3.13 Wood - board dimensions - spacing - requirements The vertical boards on a fence of wood construction shall be no less than 25 mm x 102mm (1" x 4") nominal dimensions spaced not more than 38 mm (1.5) apart. PETERBOROUGI4 591.7 JULY1991 i3.i4 PEN-gW1M1tNPo5L i.4.4 591.3.14 Wood - supports - size - depth - spacing A fence or its equivalent, forming part of a pool enclosure, if of wood construction, shall be supported by a minimum of 102mm (4") square or diameter wooden posts, nominal dimensions, spaced not more than 2.5 metres (8') on centres securely embedded to minimum of 0.91 metres (3') below grade. 591,3,15 WoodS posts - below gradeS treated That portion of the wood post below grade on a fence of wood construction shall be treated with a wood preservative if the same is not "pressure treated". 591.3.16 Wood - top - bottom supports - required Top and bottom horizontal rails shall be provided of 51 mm x 102mm (2" x 4") minimum nominal dimensions on a fence of wood construc 591.3.17 Barbed wire . electric dangerous - prohibited A fence or its equivalent, forming part of a pool enclosure, shall include no pad consisting of barbed wire or having similar dangerous characteristics and no device for projecting an electric current through the fence. Article 4 GATES-ENTRANCES Q 59L4.1 Gate - height -construction Gates which form a part of the fence around a privately-owned outdoor swimming pool shall be equivalent to such height and of such construc tion equivalent to that required for the fence. 591.4.2 Gate . supported substantial hinges Gates which form a part of the fence around a privately-owned outdoor swimming pool shall be supported on substantial hinges. 591.4.3 Gate- seIfclosing-latching - inside minimum height Gates which form a part of the fence around a privately-owned outdoor swimming pool shall be self-closing and self-latching with the latching device at the top of and on the inside of the gate or a minimum of 3'6" above grade. 591.4.4 Gates - 2 adjacent - 1 fixed - or centre post Where two gates are provided adjacent to one another, one gate shall be permanently fixed in the closed position or a permanent centre post shall be provided for the gates to close against and latch. 0 JULY 1991 591.8 PETERBOROUGH 591.4.5 FENCES - SWIMMING POOLS 591.5.2 591.4.5 Doors- heights - construction - safe - rigid Doors which form a part of the pool enclosure but which do not lead directly from a private dwelling unit shall be of such height and such construction as will provide a degree of safety and rigidity equivalent to or greater than that of the required fence. 591.4.6 floors - supported - substantial hinges Doors which form a part of the pool enclosure but which do not lead directly from a private dwelling unit shall be supported on substantial hinges. 591.4.7 Doors - self-closing - latching - inside - minimum height Doors which form a part of the pool enclosure but which do not lead directly from a private dwelling unit shall be self-closing and self- latching with the latching device located at least 153 cm (60') above the bottom of the door. 591.4.8 Locked - when not supervised Every person in possession of any lands on which a privately-owned outdoor swimming pool or an above ground privately-owned swim ming pool is located shall ensure that all entrances to the pool area which form part of the swimming pool enclosure whether they be doors, windows, gates or other openings to the pool area; shall be kept locked at any time when a responsible person is not present and supervising the pool. Article 5 PERMITS 591.5.1 Required - excavation - construction - fee No person shall excavate for, erect or construction a pool or a fence around a privately-owned outdoor swimming pool unless and until a permit therefore has been issued for a prescribed fee of $50.00 from the Building Inspector. 591.5.2 Application - plans - information - requirements Plans submitted with an application to construct or erect such fence shall show the location of the swimming pool in relation to the property boundary and to adjoining buildings and shall provide full details of all fencing required to be erected. PEERBOROUGH 591.9 JULY 1991 591.6.1 FENCES - SWIMMING POOLS 591.72 Article 6 ABOVE GROUND SWIMMING POOLS 0 591.6.1 Fence - not required - pool wall -5 feet above grade Notwithstanding anything contained in this Chapter, an enclosure fence shall not be required around an above ground privately-owned swimming pool where the outside wall of such pool is elevated at least 1.6 metres (5 feet) above the grade of the ground abutting such walls. 591.6.2 Entrance - gate - self-closing - latching - height Each and every entrance Loan above ground pool shall be protected by a gate at least 1.3 metres (4 feet) height and have self-closing and self-latching devices with a latching device at the top of and on the inside of the gate. 591.6.3 Gates -2 adjacent - 1 fixed - or centre post Where two gates are provided adjacent to one another, one gate shall be permanently fixed in the closed position or a permanent centre post shall be provided for both the gates to close against and latch. Article 7 PLUMBING FACILITIES 591.7.1 Connection - backflow preventer - water supply - sewer Where a swimming pool is connected to a plumbing system, the potable water supply to the pool shall be protected by a backflow preventer and the drain of the pool shall be protected from lhe backup of sanitary sewage into the pool. 591.7.2 Hose bib - for filling - backuiow prevented - required Any hose bib used to fill a pool shall be protected by a backflow preventer. By-law 1987-178, 8 September. 1987. 0 JULY 1991 591.10 PETERBOROUGH 591.8.1 FENCES-SWIMJvIINGPOOLS 591.9.1 Article $ ENFORCEMENT 591.8.1 Fine - for contravention Every person who contravenes this Chapter is guilty of an offence and is liable to the penalty, as prescribed by applicable law, for each offence. By-law 91-174,24 June, 1991. 591.8.2 Continuation - repetition prohibited When a person has been convicted of an offence under this Chapter, the Provincial Offences Court or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. Article 9 ENACTMENT 591.9.1 Effective date This Chapter shall come into full force and effect on the first day of January, 1988. By-law 1987-178,8 September, 1987. Note: Except where otherwise expressly provided in this Chapter, and pursuant to other provincial statutes, such as the Planning Act, the maxi mum fme for violation of the Code is specified in section 62 of the Provincial Offences Act, R.S.O. 1980, c. 400, which iidicates that a party guilty of an offence is liable to afine of not more than five thousand dollars ($5000.00). PETERBOROUGI-I 591.11 JULY 1991 0 0 0