This is the exact embedded text of the captured official document.
Snapshot a207b0fbbf6c · verified 2026-08-30 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
BY-LAW 58-2015
A By-law to provide for the owners of privately owned
outdoor swimming pools to erect and maintain swimming
pool enclosures.
WHEREAS pursuant to Section 11 of the Municipal Act R.S.O. 2001, c.25, as
amended, a lower-tier municipality may pass By-laws respecting matters within the
spheres of jurisdiction;
AND WHEREAS pursuant to Section 11 (7) of the Municipal Act R.S.O. 2001, c.25
"structures, including fences and signs" is a sphere of jurisdiction that may be
assigned to the lower tier municipality;
AND WHEREAS it is deemed necessary to issue permits for swimming pool fences
and to prescribe safety standards for privately owned outdoor swimming pools;
AND WHEREAS Section 391(1) of the Municipal Act, R.S.O. 2001, c.25, provides
that the Council may by By-law impose fees for services and activities provided or
done by or on behalf of the Corporation of the Town of Saugeen Shores;
AND WHEREAS it is expedient to impose fees for certain services provided by the
Town of Saugeen Shores;
NOW THEREFORE the Council of the Corporation of the Town of Saugeen Shores
enacts as follows:
1
DEFINITIONS
Figure 1 : Property Fencing - Three-
1.1
"Boundary or Property Fence" means any
Sided Fencing
barrier or structure constructed of chain
link
metal,
wood,
stone,
metal,
concrete, brick or other similar materials
or combination of such materials, which
is erected for the purpose of screening,
safeguarding, retaining or enclosing
property or delineating property lines
(see Figure 1 );
1.2
"Building" means any permanent and/or
temporary structure used or intended to
be used for shelter, accommodation, or
enclosure
of persons,
animals,
or
goods, but shall not include a lawful
boundary fence;
House door~ -
House
Property fence Q
PllOI gate
~
1.3
"Chief Building Official" means the person appointed by the Town of Saugeen
Shores to such a position pursuant to the Building Code Act;
1.4
"Fence Height" means the height measured from the finished floor level or
ground level at any point along the length of the fencing to the top of the
fencing, measured on the outside of the fencing;
1.5
"Finished Floor Level" means a permanent stable surface, such as the top of
wood, concrete or brick;
1.6
"Finished Ground Level" means a permanent ground level, such as grass, soil
or gravel;
1.7
"Four-sided Fence" means a fence or building wall that fully restricts access to
the pool (see Figure 2);
Page 2
By-law 58 - 2015
Pool Enclosure By-law
1.8
"Gate" means any part of a swimming
Figure 2: Four-Sided Fencing
pool fence which opens on hinges.
1.9
"Hydro-Massage Pool" means pools
commonly referred to as hot tubs,
Jacuzzis, whirlpools, spas and other
similar products as defined in this By-
law;
1.10 "Immediate Pool Area" means the
surrounding area that contains items
used for pool activities, including pool
equipment, changing sheds, patio
furniture and similar items used in
conjunction with the use of the pool;
1.11
"Inside of the Pool Enclosure" means
Pool gate o>
House door o> -
Pool fence o>
lJ.
Property fence o>
----------------------------,
House
that side of the fence or gate that faces the pool area;
1.12 "Isolation Fencing" means a continuous
Figure 3: Isolation Fencing
fence that is effectively the same as a lr-----------P-rcp-.rty-,.-nc.-o>""l
four-sided
fence
except
that
all
ancillary structures (not related to the
function of the swimming pool) are
excluded from the pool area. The fence
completely separates the pool from the
house and the rest of the property (see
Figure 3);
1.13 "Maintain" means to keep a pool
enclosure in a condition that meets the
requirements of this By-law and to
preserve the condition of the pool
enclosure from failure or decline in
order to ensure safety and strength.
Pool fence o>
PoolliiJte
House doorq -~-------------,
-
House
1.14 "Outside of the Pool Enclosure" means that side of the fence or gate that faces
away from the pool area;
1.15 "Owner'' includes the registered owner of any property; the person for the time
being managing or receiving the rent of the land or premises in connection
with which the word is used, whether on the person's own account or as agent
or trustee of any other person, or who would so receive the rent if such land
and premises were leased, and a lessee, tenant, mortgagee in possession, or
person occupying or in charge of the property;
1.16 "Pool Enclosure" means a permanent four-sided fence, isolation fence or
three-sided fence, which includes a self-closing and self-latching gate, and
which surrounds a pool with the intention of restricting access from outside the
pool enclosure;
1.17 "Permit" or "Pool Enclosure Permit" means a permit issued under this By-law
by the Chief Building Official;
1.18 "Replacement" means the construction of a swimming pool and/or swimming
pool fence that takes the place of a swimming pool and/or swimming pool
fence previously constructed;
1.19 "Self-Closing Device" means a mechanical device or spring that returns a
swimming pool enclosure gate to its closed position within 30 seconds after it
has been opened;
Page 3
By-law 58 - 2015
Pool Enclosure By-law
1.20 "Self-Latching Device" means a mechanical device or latch that is engaged
each time the gate is secured to its closed position, which will not allow the
swimming pool enclosure gate to be re-opened by pushing or pulling, and
which will ensure the swimming pool enclosure gate remains closed until
unlatched by either lifting or turning the device itself directly or by a key;
1.21
"Swimming Pool" or "Pool" means an excavation, structure or product, which
is:
i.
Located outdoors on private property;
ii.
Capable of being used for the purposes of swimming, wading,
paddling or bathing; and
iii.
Capable of holding water in excess of 0.76m (2 feet 6 inches) in
depth at any point, and
Includes a landscape pond meeting the above criteria, but for the purposes of
this By-law does not include any pool which is:
1. A pond or reservoir to be utilized for farming purposes or as part of a
golf course;
2. A hydro massage pool with locking cover;
3. A pool owned by any public or governmental body, agency or authority,
or is under the jurisdiction of the Ontario Building Code;
4. An existing natural body of water or stream; or
5. A privately owned stormwater management facility.
1.22 "Temporary Pool" means a swimming pool that is designed to be removed
periodically on a seasonal or more frequent temporary basis;
1.23 "Three-Sided Fence" means a fence that uses a wall or side of a building with
a door to enclose the pool area.
2
GENERAL PROVISIONS- APPLICATION OF BY-LAW
2.1
This By-law shall be administered by the Chief Building Official or his
designate.
2.2
This By-law shall apply to all pool enclosures constructed or replaced within
the Town of Saugeen Shores;
2.3
When a Swimming Pool Fence is constructed so that it functions as a
boundary fence between two or more adjacent properties, in addition to its
function as a swimming pool fence, the provisions of this By-law prevail over
any other Municipal By-law that regulates fences;
2.4
In the event of any conflict between the provisions of this By-law and any other
By-law, as may be amended or replaced from time to time, the provisions of
this By-law shall prevail;
2.5
Notwithstanding Section 5,
a)
No conflict exists between the provisions of this By-law and the
provisions of any other By-law or approval if it is possible to comply with
both By-laws by choosing an alternate type, design or location for a
pool enclosure or pool;
b)
Nothing in this By-law permits the location of a pond, deck, platform or
other structure in a location that is not permitted under the applicable
and current Zoning By-law(s).
3
PROHIBITIONS
3.1
No person shall excavate, construct, install, or situate a pool; or cause a pool
to be excavated, constructed, installed, or situated; or commence the
excavation, construction, installation, placement or replacement of a pool
without first obtaining a pool enclosure permit from the Chief Building Official;
Page 4
By-law 58 - 2015
Pool Enclosure By-law
3.2
No person shall excavate, construct, install, or situate a pool; or cause a pool
to be excavated, constructed, installed, or situated; or commence the
excavation, construction, installation, placement or replacement of a pool that
is not completely enclosed by a pool enclosure in accordance with this By-law;
3.3
No person shall construct or cause to be constructed any pool enclosure that
does not conform to the requirements of this By-law, or permit such non-
conforming pool enclosure to continue to enclose a pool;
3.4
No person shall fill a pool with water or cause a pool to be filled with water or
allow water to remain in a pool unless:
a)
The pool is enclosed by a pool enclosure, other than an approved
temporary pool enclosure, meeting the requirements as set out in this
By-law; and
b)
If the pool is a newly constructed pool, the Chief Building Official has
been notified and the pool enclosure has been inspected and approved.
3.5
No person shall remove, alter or replace a pool enclosure or any part thereof
without having first obtained approval and/or permit to do so from the Chief
Building Official;
3.6
No owner shall fail to ensure that:
a)
All gates forming part of the pool enclosure meet the standards of this
By-law;
b)
All entranceways to a pool enclosure through a wall of a building meet
the standards of this By-law; and
c)
All gates forming part of a pool enclosure are locked when the area is
not in active use;
3. 7
No person shall place, pile, attach or lean any object or material against or
near a pool enclosure so as to facilitate climbing of the pool enclosure,
diminish the structural integrity of a pool enclosure or render the pool
enclosure in non-conformity with the provisions of this By-law;
3.8
No person shall erect a fence adjacent to an existing pool enclosure that does
not comply with the requirements of this By-law.
3.9
Prohibited Fences
a)
No barbed wire, chicken wire or other barbed or sharp material shall be
used in the construction of a pool enclosure.
b)
No pool enclosure shall be used as a conductor of electricity.
4
APPLICATIONS FOR PERMITS
4.1
Every application for a pool enclosure permit shall be on the approved form
specified by the Chief Building Official and accompanied by:
a)
Two (2) sets of plans showing the location of the pool, all proposed pool
equipment (such as filters, slides and heaters) and proposed landscape
features in relation to property lines, buildings (including decks and
shed), and easements;
b)
Complete details of the proposed pool enclosure, including the location
and type of proposed fence and gate;
c)
The permit fee(s) specified in the Town of Saugeen Shores' Fees and
Charges By-law;
d)
The proposed access route for construction of the pool from any public
right of way to the proposed pool location; and
e)
If the proposed pool is within an unassumed plan of subdivision, the
written approval of the developer/owner of the subdivision;
4.2
The Chief Building Official may issue a permit for a pool enclosure where the
plans submitted comply with the requirements of this By-law and all applicable
regulations and By-laws or approvals.
5
5.1
STANDARDS FOR POOL ENCLOSURES
Page 5
By-law 58 - 2015
Pool Enclosure By-law
The owner of a privately-owned outdoor
Figure 4: Chain Link Openings
pool shall erect and maintain a pool
enclosure that is designed to prevent
climbing, restrict access to young children
and satisfies the following standards:
a)
Height: the pool enclosure shall
extend from the ground to a height
of not less than 1.22m ( 4 feet).
Height shall be measured from the
finished ground level on the outside
(not the pool side) of the pool
enclosure.
b)
Opening and Materials:
i.
Where the pool enclosure is
~.lt::UI Ji,-t» -" fm
constructed of chain link fence, the pool enclosure shall not have
any openings that would allow the passage of a spherical object
having a diameter exceeding 38 mm (1.5 inches) (see Figure 4);
ii.
Where the pool enclosure is constructed of vertical and horizontal
members, if the horizontal structural members are greater than
114.3 em (45 inches) apart, the horizontal members can be located
on the outside of the pool enclosure and the spacing between each
vertical member shall not
.
.
.
exceed 100 mm (4 inches)
F1gure 5: Vert1c~l and honzontal
(see Figure 5);
member spac1ng and ground
iii.
Where the pool enclosure
-+II<- !~~c~m;
c)
d)
is constructed of vertical
and horizontal members,
if the horizontal structural
members are less than
114.3cm (45 inches)
apart, the horizontal
members must be
located inside the pool
enclosure and the
spacing between each
vertical member should
not exceed 44.45 mm
(1.75 inches) (see Figure
6);
t
Greater
than
45"
Ground Clearance: the space at any point between the pool enclosure
and the finished ground level
and/or finished floor level must
not exceed 100 mm (4 inches)
and the ground beneath the
pool enclosure cannot be
loose gravel or other material
that can be easily removed so
as to afford access under the
pool enclosure (see Figure 5);
Framing and Braces: except
as specified in Section 5.1 b)
ii) all horizontal structural
members must be located
inside of the pool enclosure as
to prevent easy climbing; and
Figure 6: Vertical and horizontal
member spacing
-+II<- 44.45 mm 1
1.75 in.
Less
then
45"
Page 6
By-law 58-2015
Pool Enclosure By-law
e)
Location: the pool enclosure should only enclose the immediate pool
area and shall be located not less than 0.61 m (2 feet) from any fence or
structure that does not meet the requirements of this By-law.
6
GATES AND OTHER ACCESS POINTS
6.1
Gates
a)
Every owner shall ensure
Figure 7: Self-closing and self-latching gate
that every gate forming
installation
part of a pool enclosure:
i.
is constructed in
accordance with the
standards prescribed in
section 5 of this By-law;
ii.
is
supported
on
substantial
hinges,
capable
of
supporting
90.72kg (200 lbs.) in body
weight;
iii.
is equipped with a self-
closing device;
iv.
is equipped with a self-latching device that is located at least 1.22m
( 4 feet) above the finished floor level and/or finished ground level
(see Figure 7); and
v.
is equipped with a lock.
b)
Additionally, if the gate to the pool enclosure is a double gate access,
made up of two gates at the same location:
i.
one of the two gates shall have a self-closing device and self-
latching device; and
ii.
the gate of this double gate access without a self-closing device and
a self-latching device shall have a device permanently affixed to the
ground or other non-movable object, which prevents access through
this gate without lifting or removing this device and then releasing
the latch.
6.2
Temporary Fence During Construction
7
The owner shall ensure that temporary fencing meeting the requirements of
this section is in place during all phases of construction of the pool such that
unauthorized access to the site is prevented. Temporary fencing shall be of
1.22m (4 feet) high snow fence, or such other fencing material with similar
visibility, height and rigidity as may be approved by the Chief Building Official,
and shall be securely attached at any opening when the area is left
unattended.
SPECIAL PROVISIONS
Figure 8: Above-ground pool with
fenced ladder area
7.1
Above-Ground Pools
a)
The vertical walls of an above-
ground pool can be used as
part
of
a
pool
enclosure
provided that the vertical walls
are at least 1.22m ( 4 feet) in
height and do not possess any
horizontal members that may
facilitate climbing;
b)
The ladder area, which provides
access to the above-ground
pool, must be enclosed by a
pool enclosure as defined in this
By-law (see Figure 8);
7.2
Temporary Pools
Page 7
By-law 58 - 2015
Pool Enclosure By-law
If a pool enclosure permit has been obtained with respect to the pool
enclosure for a temporary pool, the temporary pool may be reinstalled and
refilled with water without additional permits or inspections provided there
have been no alterations to the pool enclosure.
8
UNDERTAKING TO ENSURE REPAIR
8.1
Every person erecting, altering, repairing or demolishing a swimming pool
and/or swimming pool fence within the Town of Saugeen Shores who permits
the crossing of curbing, sidewalks or paved boulevards by vehicles delivering
materials to or removing materials from abutting lands shall deposit with the
Chief Building Official upon application for a swimming pool fence permit and
prior to the commencement of any work, a completed undertaking to repair
any damage to Municipal property such as any damage to the sidewalks,
curbing or paved boulevard or to any water service box or other service
therein caused by the crossing of such vehicles.
8.2
The owner of any lands on which any swimming pool and/or swimming pool
fence is being erected, altered, repaired or demolished shall take all
necessary steps to prevent building material, waste or soil from being spilled
or tracked onto the public streets by vehicles going to or coming from the
lands during the course of the erection, alteration, repair or demolition and
shall be responsible to the Municipality for the cost of removing such building
material, waste or soil and the cost of repairing any damaged curbing,
sidewalks, or paved or grassed boulevards.
9
ENFORCEMENT
9.1
Every person who contravenes any provision of this By-law and is found guilty
of an offence and upon conviction shall be subject to a fine as prescribed in
the Provincial Offences Act, R.S.O. 1990, cP.33, as amended.
9.2
Where anything required to be done in accordance with this By-law is not
done, the Chief Building Official for the Corporation of the Town of Saugeen
Shores may, upon such notice as they deem suitable, do such thing at the
expense of the person required to do it and such expense may be recovered
by action or in like manner as municipal taxes within the meaning of Section
446 of the Municipal Act, S.O. 2001, c25., as amended.
10
SHORT TITLE
10.1
The short title of this By-law shall be "The Pool Enclosure By-law".
11
REPEAL
11.1
That By-law 35-2003, as amended, of the Corporation of the Town of Saugeen
Shores is hereby repealed.
12
EFFECTIVE DATE
12.1
This By-law shall come into force and take effect upon the 13th day of July,
2015.
READ A FIRST AND SECOND TIME THIS 13TH DAY OF JULY, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF JULY, 2015.
~ .
~cLo- UL--b_
~
, --
Mike Smith, Mayor
Linda White, Clerk