By-law 2018-018 (18/18), Outdoor Swimming Pool Enclosure By-law
Puslinch, Ontario
· adopted 2018-03-21
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THE CORPORATION OF THE TOWNSHIP OF PUSLINCH
BY-LAW NUMBER 2018-018
(Consolidated Version Enacted as 18/18)
A by-law to regulate enclosures for outdoor swimming pools
WHEREAS Section 11 (2), paragraph 6, of the Municipal Act, 2001, S.O. 2001, c. 25
(hereinafter the "Municipal Act 2001") authorizes a municipality to pass by-laws
respecting the health, safety and well-being of persons;
WHEREAS Section 11 (3), paragraph 7, of the Municipal Act 2001, authorizes a
municipality to pass by-laws respecting structures, including fences and signs;
WHEREAS Section 8 (3) of the Municipal Act 2001, authorizes a municipality to regulate
or prohibit in respect of matters within their jurisdiction and to provide for a system of
obtaining permits in relation to those matters;
WHEREAS the Council for the Corporation of the Township of Puslinch deems it
necessary to regulate enclosures for outdoor pools within the Township of Puslinch;
NOW THEREFORE the Council for the Corporation of the Township of Puslinch enacts
as follows:
1.
DEFINITIONS
In this by-law:
"finished grade" means the level of the proposed or finished ground adjoining
the outdoor swimming pool or a part of the outdoor swimming pool
enclosure.
"Officer" means a police officer, municipal law enforcement officer or other
person appointed by by-law to enforce the provisions of this By-law.
"outdoor swimming pool" includes a body of water which is:
(a)
located outdoors above ground or in-ground on privately owned property,
(b)
contained in whole or in part by artificial means, and
(c)
designed to contain water to a depth of 600 mm (24 inches) or more,
and does not include a storm water management pond or a pond located on
lands zoned agricultural by the applicable zoning by-law.
"outdoor swimming pool enclosure" means a fence, wall, building or other
structure, together with any included doors or gates completely surrounding an
outdoor swimming pool.
"Owner" includes a registered owner of the land and includes a lessee, tenant,
mortgagee in possession or the person in charge of the land;
Last consolidated on August 5, 2025. The
Township of Puslinch By-laws are provided
online for public reference. By-laws are
consolidated on an ongoing basis, but recent
amendments may not be reflected in the latest
consolidated version. Check the Amended
History to get a complete listing of all pertinent
regulations. For further information contact the
Township's Clerk Office.
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"Permit" means a permit issued pursuant to this By-law by the Township.
"Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a
trustee, executor, administrator, or other legal representative;
"Repair" includes the making of additions or alterations or the taking of such
action as may be required so that an outdoor swimming pool enclosure shall
conform to the standards established in this By-law or in accordance with a
previously approved permit issued by the Township;
"Township" means the Corporation of the Township of Puslinch or the land
within the geographic limit of the Corporation of the Township of Puslinch as the
context requires.
2.
GENERAL PROVISIONS
(1)
No Person shall own, excavate, install or construct, or cause or permit the
excavation, installation or construction of an outdoor swimming pool
without an outdoor swimming pool enclosure Permit.
(2)
No Person shall own, place, cause or permit to be placed water in an
outdoor swimming pool unless a final inspection has been completed
under an outdoor swimming pool enclosure Permit.
(3)
No Person shall own, erect, install, cause or permit to be erected or
installed an outdoor swimming pool enclosure other than in accordance
with this By-law and approved plans.
(4)
The Owner of an outdoor swimming pool shall maintain an outdoor
swimming pool enclosure in good repair and in compliance with the
requirements of this By-law.
(5)
The Owner of an outdoor swimming pool shall ensure that a gate that
forms part of an outdoor swimming pool enclosure or a door of a
building that forms part of the outdoor swimming pool enclosure is
locked when the area is not in active use.
(6)
The Owner of an outdoor swimming pool that is a hot tub, whirlpool
or spa shall ensure that the lid is closed and locked when not in active
use.
3.
PERMIT
(1)
Every Person making an application for a Permit for an Outdoor
Swimming Pool Enclosure shall:
(a)
submit a complete application in the form provided by the
Township;
(b)
submit plans showing the location of buildings, structures, septic,
well, outdoor swimming pool, outdoor swimming pool
enclosure including gate locations in relation to lot lines;
(c)
submit conservation authority clearance letter or permit, if
applicable;
(e)
submit a grading plan certified by an Engineer if the lot is within a
plan of subdivision or condominium;
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(f)
provide details on materials and height of the outdoor swimming
pool enclosure;
(g)
submit any other documents as may be required by the Township;
(h)
submit the required permit fee in accordance with the Township's
Fee By-law.
4.
PREVIOUSLY APPROVED OUTDOOR SWIMMING POOL ENCLOSURE
(1)
An outdoor swimming pool enclosure approved by the Township by a
Permit issued prior to the passing of this By-law shall be deemed to be legal
non-complying with this By-law provided the outdoor swimming pool
enclosure is maintained in good repair.
(2)
The replacement of an outdoor swimming pool enclosure is subject to
the provisions and Permit requirements outlined in this By-law.
5.
GENERAL REQUIREMENTS FOR AN OUTDOOR SWIMMING POOL
ENCLOSURE
(1)
An outdoor swimming pool enclosure shall:
(a)
Have a minimum vertical height of 1.5 metres (4 feet 11 inches),
measured from the finished grade on the outside of the outdoor
swimming pool enclosure;
(b)
Be located a minimum of 1.0 metre (3 feet 3 inches) from any other
fence, wall or structure which may facilitate climbing over the
outdoor swimming pool enclosure;
(c)
Have a gap no greater than 100 mm (4 inches) between the bottom
of the outdoor swimming pool enclosure and the finished
grade;
(d)
Be located at least 1.2 metres (3 feet 11 inches) from the edge of
the water of the outdoor swimming pool; and
(e)
Be composed of the following construction:
i)
chain link fence; or
ii)
vertical board fence; or
iii)
wrought iron fence; or
iv)
such other equivalent alternative approved by the Township
(2)
Notwithstanding Section 5 (1) (c), (d) and (e), an outdoor swimming
pool enclosure for an above ground outdoor swimming pool may
consist of the vertical sides of the above ground outdoor swimming
pool or any deck or other assembly forming part of the above ground
outdoor swimming pool provided the requirements of Sections 5 (1) (a)
and (b) are met and provided:
(a)
such vertical sides and assemblies are constructed and maintained
in such a manner to prevent the climbing thereof; and
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(b)
any ladder or stair assemble providing access to the above ground
outdoor swimming pool or to any deck of other assembly forming
part of the above ground outdoor swimming pool is hinged and
constructed in a manner so as to be latched in an upright position
or gated, thereby preventing entry to the above ground outdoor
swimming pool.
(3)
An outdoor swimming pool enclosure shall not:
(a)
Use or incorporate barbed wire, electrification, or other features
designed to cause injury;
(b)
Be directly accessible from a door of a building unless the door is
equipped with a lockable device;
(c)
Notwithstanding any other provision of this By-law, an outdoor
swimming pool that is a hot tub, whirlpool or spa is not required to
have an outdoor swimming pool enclosure provided the hot tub,
whirlpool or spa is equipped with a substantial cover, capable of
holding 90.72 kg (200 lbs), which is fitted to the hot tub, whirlpool or
spa and is equipped with a lockable cover.
6.
GATES
(1)
A gate that forms part of an outdoor swimming pool enclosure shall:
(a)
Be self-closing, and equipped with a self-latching and locking
device placed at the top and on the inside of the gate so the device
latches when the gate is in the closed position;
(b)
Operate on hinges sufficient to support the gate either open and
unlatched or closed and latched; and
(c)
Be of such construction and height that complies with the outdoor
swimming pool enclosure requirements of this by-law.
7.
STANDARDS OF CONSTRUCTION
(1)
An outdoor swimming pool enclosure of chain link construction shall:
(a)
Have a mesh with openings not greater than 38 millimetres (1 ½
inches);
(b)
be supported by minimum 38 millimetres (1 ½ inches) galvanized
steel posts spaced not more than 2.5 metres (8 feet 2 inches)
apart, firmly embedded into the ground; and
(c)
have top and bottom rails firmly fastened to the upright posts, made
of a minimum 32 millimetres (1 ¼ inches) steel pipe, provided that
in place of the bottom rail there may be substituted a steel tension
rod.
(2)
An outdoor swimming pool enclosure of vertical board constuction
shall:
(a)
Have vertical boarding not less than 19 millimetres by 89
millimetres (1 inch by 4 inches) and shall have no openings on the
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exterior face with a dimension greater than 100 millimeres (4
inches);
(b)
Be supported by posts at least 89 millimetres by 89 millimetres (4
inches by 4 inches) square, or 89 millimetres (4 inches) in diameter,
spaced not more than 2.5 metres (8 feet 2 inches) apart. Such
posts shall be firmly embedded into the ground and that portion of
the post below grade shall be treated with a wood preservative; and
(c)
Have top and bottom rails of at least 38 millimetres by 89
millimetres (2 inches by 4 inches), and spaced to provide a
minimum clearance of 1.0 metre (3 feet 3 inches) between the rails.
(3)
For the purpose of this By-law, lumber dimensions are stated in nominal
dimensions.
(4)
An outdoor swimming pool enclosure of vertical board shadow fence
construction shall not have board spacing greater than the board width.
(5)
An outdoor swimming pool enclosure of wrought iron or of other
approved similar construction shall:
(a)
Have no openings of a dimension greater than 100 millimetres (4
inches) between vertical members;
(b)
Be supported by posts spaced not more than 2.5 metres (8 feet 2
inches) apart. Such posts shall be firmly embedded into the ground;
and
(c)
Have top and bottom rails spaced so that a minimum clear space of
1.0 metre (3 feet 3 inches) is provided between the rails.
8.
ENFORCEMENT AND ADMINISTRATIVE MONETARY PENALTIES
(1)
The enforcement of this By-law shall be conducted by an Officer.
(2)
An Officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the By-law is
complied with.
(3)
Every person who contravenes any provision of this By-law and every
director or officer of a corporation, who knowingly concurs in the
contravention by a corporation is guilty of an offence and upon conviction
is liable to:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not
more than $100,000.00
(4)
Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
[Amended by Section 1 of By-law 2023-030 on June 14, 2023]
(5)
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By-law.
(6)
Every person who is alleged to have contravened any of the provisions of
this By-law, shall identify themselves to an Officer upon request, failure to
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do so shall be deemed to have hindered or obstructed an Officer in the
execution of his or her duties.
(7)
Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended.
(8)
Sections 2 and 8, inclusive of all subsections thereunder, of this By-law
are hereby designated as parts of this By-law to which the Administrative
Monetary Penalty System By-law applies. [Amended by Section 14 of By-
law 2025-045 on August 5, 2025]
(9)
Any person shall, upon issuance of a penalty notice for a contravention of
this By-law, in accordance with the Administrative Monetary Penalty
System By-law, be liable to pay an administrative penalty and any
administrative fees, in accordance with the Administrative Monetary
Penalty System By-law. [Amended by Section 14 of By-law 2025-045 on
August 5, 2025]
(10)
All the provisions of this by-law continue to apply in the Provincial
Offences Act In addition to the Designated Provisions of this by-law.
[Amended by Section 14 of By-law 2025-045 on August 5, 2025]
(11)
Where a person has not paid the administrative penalty within 30 days in
accordance with the Administrative Monetary Penalty System By-law, the
Township may add the administrative penalty to the tax roll for any
property for which the owner or owners are responsible for paying the
administrative penalty under Section 434.2. [Amended by Section 14 of
By-law 2025-045 on August 5, 2025]
9.
SEVERABILITY
(1)
If a court of competent jurisdiction declares any section or part of the By-
law invalid, it is the intention of Council of the Township that the
remainder of the By-law shall continue in force unless the court makes an
order to the contrary.
10.
SINGULAR AND PLURAL USE
(1)
In this By-law, unless the context otherwise requires words importing the
singular shall include the plural and use of the masculine shall include the
feminine, where applicable.
11.
EFFECTIVE DATE
(1) This By-law shall come into effect on March 21, 2018.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 21st DAY
OF MARCH, 2018
__________________________
Dennis Lever, Mayor
__________________________
Karen M. Landry, CAO/Clerk
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AMENDMENT HISTORY
OUTDOOR SWIMMING POOL ENCLOSURE BY-LAW
DATE
(Y/M/D)
BY-LAW
AUTHORITY
CONSOLIDATED
2023/06/14
030-2023
Item 12.1.1 BL2023-030 - Being a by-law to
amend the Township's Outdoor Swimming
Pool Enclosure By-law 18/018
✔
2025/08/05
2025-045
Item 9.3.1 Report ADM-2025-014 - AMPS
Policy Approval Update
✔