Swimming Pool By-law (City of Sarnia, By-law of 1993 - by-law number illegible in scanned original) — full text

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THE CORPORATION OF THE CITY OF SARNIA BY-LAW NUMBER ___ ~~ __ OF 1993 "A By-law respecting privately-owned outdoor swiIlUlling pools and ponds" WHEREAS by section 210(23) of The Municipal Act, R.S.O. 1990 c.M.45 municipalities may pass By-laws for requiring owners of privately-owned outdoor swiIlUlling pools and ponds to erect and maintain fences and gates around such swiIlUlling pools and ponds, for prescribing the height and nature of such fences and gates, for prohibiting persons from placing water in privately-owned outdoor swiIlUlling pools or allowing water to remain in them unless the prescribed fences and gates have been erected, for requiring the production of plans and review of all such fences and gates, for the issuing of a permit, without which permit no privately-owned outdoor swiIlUlling pool may be excavated for or erected and for authorizing the refusal of a permit for any such fences or gates that if erected would be contrary to the provisions of this or any other by-law of the municipality. NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: DEFINITIONS 1. In this By-law: (a) "Chief Building Official" means the Chief Building Official appointed by the Municipality under authority of the Building Code Act and By-Law pursuant thereto; (b) "Effective Ground Level" with respect to any particular location means the highest level of the ground within 1.2 metres (4 feet) of that particular location; (c) "Fence" means a barrier constructed of chain link, wood, masonry, fiberglas, plastic, or material having an equivalent degree of strength and rigidity acceptable to the Chief Building Official; - 2 - (d) "Gate" means a swinging or sliding barrier used to fill or close an access and includes a door; (e) "Permit" means a permit issued by the Corporation of the city of Sarnia certifying review and approval of the plans of the fences and gates to be erected and maintained around a proposed swimming pool and/or pond; (f) "Pond" means a confined body of water (which may contain fish or plants) which is located in an area zoned to permit residential development but does not include farming areas or ponds located thereon greater than 150 metres (500 feet) from an area zoned to permit residential development; (g) "Prescribed" means prescribed by this By-law; (h) "Zone" means an area identified in the city's Zoning By-law as amended from time to time, within which, in accordance with the provisions of such By-law, certain uses are prohibited and the development and use of sites for permitted uses is subject to regulations requiring yard areas, frontage, site area and other features and limiting building height, density, site coverage and other aspects; (i) "Swimming Pool" means a privately-owned outdoor swimming pool, constructed or fabricated and located for swimming, wading, diving and bathing and which when filled is capable of containing a depth of 60 centimetres (24") or more of water, but does not include a wading pool which is not capable of containing a depth of more than 60 centimetres (24") of water and which may be emptied on a daily or frequent basis, and includes a pond; (j) "Swimming Pool Area" means the swimming pool and/or pond plus any areas which lie within the swimming pool/ pond enclosure; (k) "Swimming Pool Enclosure" means the fences and gate or gates around a privately-owned outdoor swimming pool/pond, restricting access thereto. - 3 - ADMINISTRATION 2. (a) This By-Law will be administered by the Building Department; and (b) Metric units represent the official By-law requirements. Imperial equivalents are shown in brackets, but have no legal basis. Lumber sizes are given in nominal dimensions. PERMITS 3. (a) No person shall excavate for, construct or erect a pool or cause any of the foregoing to take place without first obtaining a Permit under this By-law with respect to such pool; (b) An application for a Permit shall be submitted to the Chief Building Official together with plans in duplicate showing details of the proposed pool, Fences and Gates and their location with respect to property lines and existing buildings; (c) If the application and the plans appear to comply with the provisions of this by-law and if the Permit fee prescribed in the Fees By-Law is paid, the Chief Building Official may issue the permit on behalf of the Corporation; (d) If the issuance of a Permit is refused the Permit fee paid to the corporation in connection with the application shall be repaid to the applicant; and (e) A Permit may be refused on the grounds that any such Fences and Gates if erected, would be contrary to this or any other By-Law of the Corporation. REOUIRED SWIMMING POOL AND/ OR POND ENCLOSURE 4. (a) The owner and/or occupant of any lands on which a pool is located shall erect and maintain in good condition a Swimming Pool Enclosure complying with the provisions of this By-Law around the entire Pool area; - 4 - (b) No person shall place water in a pool or allow water to remain in it unless the prescribed Pool Enclosure has been erected for that Pool; (c) Every owner of a pool shall, in the absence of a responsible adult person supervising such pool, keep every gate which provides access to such pool, closed, latched and locked; (d) A Pool Enclosure shall extend from a maximum of no more than 5 cm (2") vertically above ground level to a height that is at least 150 cm (5 feet), above Effective Ground Level; (e) The Pool Enclosure shall be located at least 1.2m (4 feet) distant from any outside structure or tree on this property which might afford a means whereby the Enclosure could be scaled from the outside by anyone. The Chief Building Official shall be the sole judge of whether or not an enclosure infringes this section; (f) The required Pool Enclosure shall have no attachments on the exterior face such as horizontal or diagonal bracing, horizontal rails or other members which would facilitate climbing, within 1.2m (4 feet) of each other measured vertically, excepting that where a common fence divides two adjacent pool enclosures, such common fence need not comply with this clause; (g) The Pool Enclosure shall be constructed in accordance with Schedule "A" of this by-law; (h) Fences forming part of the prescribed Pool Enclosure shall: i) contain no barbed wire, electrical wiring, sharp projections or any other dangerous characteristics either on the outside or the inside; and ii) be located not les s than 1.2 metres (4 feet) from the nearest pool wall or water's edge. - 5 - GATES AND ENTRANCES TO THE POOL AREA 5. (a) Gates which form part of the Pool Enclosures shall be: i) of such construction as will provide a degree of safety and rigidity equivalent to or greater than that of a required fence; ii) supported on substantial hinges; and iii) self-closing and self-latching with the latching device 1.2 metres (4 feet) from grade and on the inside of the Gate; (b) All Gates which form part of the Pool Enclosure shall be kept locked closed at any time when the pool contains 60 cm (24") or more of water and is not attended by a responsible, adult person. ABOVE GROUND SWIMMING POOLS 6. (a) For the purpose of this by-law above-ground pools are considered to be the same as in-ground swimming pools, and require the same enclosures around the entire pool; (b) If an above-ground swimming pool has as an integral part of its construction a deck level with the top of the pool and a Fence around the said deck which has an effective combined height of 150 cm (5 feet) above grade, the said integrally constructed fence may be considered as being the required pool enclosure; (c) The combined deck and Fence shall have no horizontal members or other appurtenances on its exterior face, closer than 1.2 metres (4 feet) above effective ground level which could facilitate climbing; (d) No other Fence shall be required where the top of such combined Fence and swimming pool wall is at least 150 cm (5 feet) above the Effective Ground Level abutting the wall and is constructed and maintained to provide access only by removable steps or hinged steps or ladder which can be raised and locked to prevent access. - 6 - MAINTENANCE 7. i) Water from a pool shall not be discharged onto or permitted to run or drain onto adjacent properties; ii) Every Pool Enclosure including decks around the pool shall be kept in good repair, any deteriorated lumber, or other materials for the enclosure shall be replaced to maintain the integrity of the enclosure; iii) For the purpose of this By-law the Chief Building Official is hereby empowered to order by notice in writing the owner of any pool to alter, repair or make safe such pool enclosure in order to comply with the provisions of this by-law; iv) The notice referred to in Sub section (iii) of this By-law may be hand delivered to the owner, posted on the property, or mailed to the owner by prepaid certified mail to the address of the owner as shown on the last revised ass essment roll. Themailing of the aforesaid notice shall be deemed to be good and sufficient delivery of notice, which shall be deemed to have been received on the 5th day after mailing notices hand-delivered or posted on the property are deemed received immediately; v) Wherever this By-law requires any matter to be done, in default of its being done by the owner, such matter may be performed by the Corporation under direction of the Chief Building Official, at the e xpense of the owner, and the corporation may recover the expenses incurred remedying such matters in like manner as municipal taxes. PENALTY 8. Any person who contravenes any provision of this By-law is guilty of an offence and subject to the provisions of the Provincial Offences Act. ~~-. . - .. .- -.. -..-..... - 7 - REPEALS 9. This By-law repeals By-Law Number 8175 of the City of Sarnia, By-law 66 of the Town of Clearwater, and any amendments to either. 10. This By-law supersedes any 'corresponding By-laws of the former City of Sarnia or former Town of Clearwater, which through inadvertance, may not have been repealed. SHORT TITLE 11. The short title of the By-law is the "Swimming Pool" By-law. 12 . This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this \ \ T\l day of d "" N '-' .4 It '/ , 1993. ;1it'Z 72~ Mayor Doc: :\By~ Law\Swim.Doc - OW - Disk#9 SCHEDULE "A" l(a) A fence of wood construction shall: i) have upright posts a minimum of 9 cm x 9 cm (4" x 4") or 15 cm (6") in diameter; ii) have posts located not farther than 2.5 metres (8 feet) apart; iii) have posts extended at least I metre (40") below grade and be firmly embedded in concrete; iv) have that portion of the post below grade treated with a wood preservative; v) have top and bottom rails of at least 4 x 9 cm (2" x 4") nominal dimensions; and vi) have vertical boards of 2 cm x 14 cm (1" x 6") minimum thickness attached to a top and bottom rail from the outside, if boards are attached on the inside, the horizontal top and bottom rails shall not be closer than 1.2m (4 feet) which could facilitate climbing, such vertical boards being spaced not more than 5 cm (2") apart. 1(b) A fence of chain link construction shall: i) have upright metal corner posts of not less than 5 cm (2") diameter, and line posts of not less than 3.5 em (1 1; ") diameter, or heavy duty T bars with caps to hold the top rail; ii) have posts located not farther than 2.5 metres (8 feet) apart; iii) have posts that extend at least 1 meter (40") below grade and are firmly embedded in the concrete; iv) have posts galvanized or treated with a rust resistant finish; Schedule "A" - page 2 v) have a top rail of at least 3 cm (1~") diameter, and a bottom wire of at least 9 gauge; vi) have a mesh not greater than 5 cm (2 inches) consisting of not lighter than 9 gauge wire or other fabric which would yield a total thickness equivalent to at least 9 gauge steel wire, and have the equivalent strength. BY-LAW NUMBER ~ OF 1993 OF THE CITY OF SARNIA "A By-Law respecting privately-owned outdoor swimming pools and ponds" READINGS: FIRST: cJAN ..... A14¥ Il .- '\'1' I SECOND: --d ANI2 A"'Y I L A 59 THIRD: dAN .... ;),/,!! II, )9'1':. THE CORPORATION OF SARNIA Legal Services City Hall Sarnia, ontario N7T 7N2 OF THE CITY (VMG:df)