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House
THE MUNICIPALITY OF SOUTH BRUCE
BY-LAW NUMBER 14-2008
A By-Law to Provide for the Owners of
Privately-Owned Outdoor Swimming Pools
to Erect and Maintain Swimming Pools and
Enclosures
WHEREAS pursuant to Section 11 (3) par. 7 of the Municipal Act, S.O. 2001, c.25, as
amended, provides that a by-law may be passed respecting structures, including fences;
AND WHEREAS Section 391 (1) of the Municipal Act, S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws imposing fees or charges for services or
activities provided or done by or on behalf of it;
AND WHEREAS it is expedient to impose fees for certain services;
AND WHEREAS it is the intention of the Municipality of South Bruce to prevent
unintentional injury and drowning caused by the failure of property owners to provide
and erect approved and acceptable swimming pools and enclosures;
NOW THEREFORE the Council of the Corporation of the Municipality of South Bruce
enacts:
PART 1 DEFINITIONS AND INTERPRETATION
1. For the purpose of this by-law, the following terms shall have the meanings
indicated:
Fig. 1: Property Fencing - Three-Sided Fencing
(a)
"Boundary or Property Fence" means any 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);
(b) "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;
(c) "Chief Building Official" means the person appointed by the
Municipality of South Bruce to such a position pursuant to the Building
Code Act;
(d) "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
fence, measured on the outside of the fencing;
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(e) "Finished Floor Level" means a permanent stable surface, such as the top of
wood, concrete or brick;
(f) "Finished Ground Level" means a permanent ground level, such as grass,
soil or gravel;
(g) "Gate" means any part of a swimming pool fence which opens on hinges.
(h) "Hydro-Massage Pool" or pools commonly referred to as hot tubs, Jacuzzis,
whirlpools, spas and other similar products.
(i) "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;
(j) "Inside of the Pool Enclosure" means that side of the fence or gate that faces
the pool area;
(k) "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.
(l) "Outside of the Pool Enclosure" means that side of the fence or gate that
faces away from the pool area;
(m) "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;
(n) "Pool Enclosure" means a permanent 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;
(o) "Permit" or "Pool and Enclosure Permit" means a permit issued under this
by-law by the Chief Building Official;
(p) "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;
(q) "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;
(r) "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;
(s) "Swimming Pool" or "Pool" means an excavation, structure or product,
which is:
(i)
located outdoors on private property;
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(ii)
capable of being used for the purposes of swimming, wading,
paddling or bathing;
(iii)
capable of holding water in excess of 0.76m (2 feet 6 inches) in
depth at any point;
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 pool owned by any public or governmental body, agency or
authority, or is under the jurisdiction of the Ontario Building
Code;
(3)
an existing swimming pool, temporary pool, Hydro-Massage
pool, natural body of water or stream; or
(4)
a privately owned storm water management facility;
(t) "Temporary Pool" means a swimming pool that is designed to be removed
periodically on a seasonal or more frequent temporary basis;
(u) "Three-Sided Fence" means a fence that uses a wall or side of a building
with a door to enclose the pool area.
2. The requirements of this by-law are expressed in metric measurements. Any
imperial measurements included in this by-law are approximate and are
provided for convenience only.
PART 2 GENERAL PROVISIONS
Application of By-Law
3. This by-law shall be administered by the Chief Building Official;
4. This by-law shall apply to all pool enclosures constructed, or replaced, within
the Municipality of South Bruce;
5. 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;
6. In the event of any conflict between the provisions of this by-law and any
provision of the Fence By-law, as may be amended or replaced from time to time,
the provisions of this by-law shall prevail;
7. 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
Municipality of South Bruce Zoning by-law.
PART 3 PROHIBITIONS
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8. 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 and enclosure permit from the Chief Building Official;
9. 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;
10. No person shall construct or cause to be constructed any pool or enclosure that
does not conform to the requirements of this by-law, or permit such non
conforming pool or enclosure to continue to enclose a pool;
11. 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 of 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;
12. No person shall remove, alter or replace a pool enclosure or any part thereof
without having first obtained a permit to do so from the Chief Building Official;
13. 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;
14. 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;
15. No person shall erect a fence adjacent to an existing pool enclosure that does not
comply with the requirements of this by-law.
Prohibited Fences
16. No barbed wire, chicken wire or other barbed or sharp material shall be used in
the construction of a pool enclosure.
17. No pool enclosure shall be used as a conductor of electricity.
PART 4 APPLICATIONS FOR PERMITS
18. Every application for a pool enclosure permit shall be in a form specified by the
Chief Building Official and accompanied by:
a) 1 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;
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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 Municipality of South Bruce Building
Fees 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;
19. The Chief Building Official may issue a permit for a pool and enclosure where the
plans submitted comply with the requirements of this by-law and all applicable
regulations and by-laws or approvals. Without limiting the generality of the
foregoing, the Chief Building Official shall not issue the permit for the pool and
enclosure unless a site alteration permit, if required, has been obtained and the
proposed location of the pool and pool enclosure complies with the Zoning By
law and any other applicable regulations, by-laws or approvals.
PART 5 STANDARDS FOR POOL ENCLOSURES0
Figure 2: Chain Link Openings
20.
The owner of a privately-owned outdoor 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 1.53m (5 feet). Height shall be measured from the
finished ground level on the outside (not the pool side) of the pool
enclosure (NOTE: Inside fence height to comply with the Ontario
Building Code);
b) Opening and Materials:
i) where the pool enclosure is 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 2);
ii) where the pool enclosure is constructed of vertical and horizontal
members, if the horizontal structural members are greater than
114.3 cm (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) (see Figure
3);
iii) where the pool enclosure 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
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inside the pool enclosure and the spacing between each vertical
member should not exceed 44.45 mm (1.75 inches) (see Figure 4);
c) 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 3);
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➔11f-44,45nm /
1.15 111.
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Figure 3: Vertical and horizontal member spacing
Figure 4: Vertical and horizontal member spacing
and ground clearance
d)
d) Framing and Braces: except as specified in Section 20.b) ii) all horizontal
structural members must be located inside of the pool enclosure as to prevent easy
climbing; and
e) Location: the pool enclosure should only enclose the immediate pool area and
shall be located not less than 0.61m (2 feet) from any fence or structure that does
not meet the requirements of this by-law.
GATES AND OTHER ACCESS POINTS
Fig. 5: Self-closing & self-latching gate installation
Gates
21. Every owner shall ensure that every gate forming part of a pool enclosure:
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(a) is constructed in accordance with the standards prescribed in section
20 of this by-law;
(b) is supported on substantial hinges, capable of supporting 90.72kg (200
lbs.) in body weight;
(c) is equipped with a self-closing device;
(d) 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 5);
(e) is equipped with a lock;
22. If the gate to the pool enclosure is a double gate access, made up of two gates at
the same location:
(a)
one of the two gates shall have a self-closing device and self-latching
device; and
(b)
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.
TEMPORARY FENCE DURING CONSTRUCTION
23. 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.
PART 6 SPECIAL PROVISIONS
Figure 6: Above-ground pool with fenced ladder area
Above-Ground Pools
24. 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 1.52m (5 feet) in height and do not
possess any horizontal members that may facilitate climbing;
25. 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 6);
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__________
______________________
PART 8 ENFORCEMENT
26. 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 Building Code Act, S.O. 1992, c23, as amended.
27. Where anything required to be done in accordance with this by-law is not
done, the Chief Building Official for the Corporation of the Municipality of
South Bruce 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.
PART 9 REPEAL - ENACTMENT
28. By-Laws dealing with the regulation of swimming pools and swimming pool
fences and all of their amendments are hereby repealed.
29. This By-Law comes into force on the date of passing.
READ A FIRST AND SECOND TIME this
day of
, 2008
READ A THIRD TIME AND FINALLY PASSED this
day of
, 2008
MAYOR
SEAL
CLERK
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