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THE CORPORATION OF THE MUNICIPALITY OF SOUTH DUNDAS
BY-LAW NO. 2020-63
A
By-law to
regulate the
enclosures for privately-owned
outdoor swimming pools and spas.
WHEREAS the Municipal Act, 2001, as amended, provides that the
powers of the municipality shall be exercised by By-law;
AND WHEREAS the Municipal Act, 2001, as amended, authorizes a
Municipality
to
pass
By-laws
respecting
the
health,
safety
and
wellbeing of persons;
AND WHEREAS the Municipal Act, 2001, as amended, authorizes a
Municipality to pass By-laws respecting structures, including fences
and signs;
AND WHEREAS the Municipal Act, 2001, as amended, authorizes a
Municipality to regulate or prohibit in respect of matters within their
jurisdiction, including fences, and to require persons to obtain permits
and provide for a system of obtaining permits in relation to those
matters;
AND WHEREAS the Municipal Act, 2001, as amended, provides that a
Municipality may pass By-laws imposing fees or charges on persons for
services or activities provided or done by or on behalf of it including
permit fees for pool enclosure permits;
AND WHEREAS the Municipality of South Dundas deems it necessary
to require fences and gates be erected and maintained around pools
and spas;
NOW THEREFORE the Council of the Corporation of the Municipality
of South Dundas enacts as follows:
1.
That the rules and regulations as set out in Schedule "A" attached
hereto and forming part of this By-law shall be hereby adopted.
2.
That this By-law shall come into force and effect on the date of
passing.
READ and passed in open Council, signed and sealed this 10*" day of
August, 2020.
MAY N!;§
Schedule 'A'
To By-law No. 2020-63
Definitions
The following definitions apply to this By-law:
"Building"
means structures
used
or intended
to
be
used for
supporting or sheltering any use or occupancy;
"Chief Building Official" means the Chief Building Official of the
Municipality of South Dundas and/or his/her designate;
"Corporation or Municipa|ity" shall mean the Corporation of the
Municipality of South Dundas and its officers or employees appointed
to administer the provisions of this By-law;
"Council" means the Council of the Corporation of the Municipality of
South Dundas;
"Enclosure" means any combination of fence, wall or other structure,
including doors and gates, surrounding a pool, spa or other artificially
enclosed body of water to restrict access thereto;
"Fence" means a structure or partition made of wood, metal or other
substance, and erected for the purpose of enclosing an area of land or
to guard an area against entry onto the lands, and includes doors,
gates and other closures. For the purpose of this By-law, a cedar hedge
or any other organic material shall not be considered as part of a fence;
"Finished Grade" means the elevation of the average finished surface
of the ground adjacent to a fence or structure;
"Gate" means part of a fence that is removable, swinging, sliding or
otherwise, used as a barrier to block or restrict access. A gate may
include a door;
-
"Officer" means the Municipal
Law Enforcement Officer, Building
Inspector or Chief Building Official of the Municipality of South Dundas
and/or his/her designate;
"Permit" means written permission or written authorization from the
Municipality to erect enclosures around pools as regulated by this By-
law. Also known as a Pool Permit;
"Permit holder" means the person to which a Pool Permit has been
issued under this By-law, the permit holder's successors or any person
to whom the related business has been assigned;
"Pool" or "Swimming Pool" means an artificially enclosed body of
water, built either above or in the ground, intended for swimming or
other water-based recreation and shall include inflatable pools, spas
and hot tubs capable of holding water at a depth in excess of 610mm
(24") but shall exclude the following:
a) A storm water management system;
b) Facilities or ponds used for water hazards or irrigation at golf
courses;
c) Pools located completely inside a building;
d) Facilities for the purpose of providing water to livestock;
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2.1
No person shall construct, erect, or alter a Pool, or permit a Pool
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2 I
e) For irrigation of crops which are associated and located on land
devoted to the practice of farming; and
f) Under the jurisdiction of the Building Code.
"Pool Deck" means an elevated platform that is constructed more
than 610mm (24") above grade and is adjacent to a pool or spa,
providing direct access;
"Pool Equipment" means a water circulation or treatment system
such as pumps, filters, and heaters;
"Owner" means the registered owner of a property, or a person acting
as the authorized agent of the owner;
"Self--latching Device" means an automatic latching mechanism
attached to a fence, gate or door to which prevents access from the
outside;
"Self-closing Gate" means
a
device or combination
of devices
capable of returning the enclosure to a closed and latched position after
each use. Can include springs and/or hinges;
"Spa" means a hot tub of varied forms, provided with hydro-jets and
holds by which compressed air escapes, the water of which is warmed
and in continuous movement;
"Storm Water Management System" means any man-made or
natural facility designed for the treatment, retention, infiltration or
control of storm water, including drainage works and retention ponds;
general Provisions
to
be constructed,
erected,
or altered, without first having
obtained a pool permit in accordance with the provisions of this
By-law.
2.2
No person shall place water in a pool or spa, or allow water to
remain in a pool or spa located within the Municipality unless the
prescribed
enclosure
has
been
erected or installed,
and
an
inspection has been conducted by an Officer to confirm completion
and compliance with the provisions of this By-law.
2.3
The Municipality reserves the right to remove or drain pools
erected without a permit.
.
The owner or installer is responsible for obtaining the required
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2 4
' 0
permit with the Electrical Safety Authority for any electrical
connections.
2.5
No person shall replace a pool or enclosure without a permit.
Procedure for Application
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3.1
An applicant shall file an application for a Pool Permit in such form
and detail as the Chief Building Official may prescribe from time
to time, and which application shall include, at the applicant's cost,
the following:
3.1.a
site plan showing the location and dimensions of the
proposed pool, equipment, enclosures, and all relevant
lot lines and all existing surface features located between
the premises and the roadway;
_
3.1.b
manufacturer
specifications
of
the
proposed
pool
including dimensions, depth, and accessories;
3.1.c
any other pertinent information required by the Chief
Building Official to approve the application and determine
compliance with this By-law; and,
-
3.1.d
the non-refundable fees in accordance with Fees and
Charges By-law, and any amendments thereto.
An approved pool permit remains with the property until such time
that modifications are made to the pool and/or enclosure.
At the discretion of the Chief Building Official, a permit may be
deemed to have been abandoned and cancelled six (6) months
after the date of approval if the work has not been completed.
Where an existing enclosure that was lawfully erected is repaired,
a permit is not required.
Approval of Applications
The Chief Building Official shall receive, investigate, and consider
all requests for pool permits, and refuse approval, or approve a
request with such changes and conditions as the Chief Building
Official
deems
necessary
in
the
circumstances
to
ensure
compliance with this By-law.
The Chief Building Official may reject an application for a pool
permit based on its potential interference or inconsistency with:
i.
safety of the public or of property,
ii.
the
requirements for access to egress from
a
property
in
relation
to
planned
or
ongoing
development; or,
iii.
other public uses as defined by the Municipal Zoning
By-law.
The applicant shall submit any changes or modification to the pool
or enclosure for approval by the Chief Building Official prior to
completion of those changes or modifications.
Location
No pool, pool deck, or pool equipment shall be installed in a front
yard, as defined in the Municipal Zoning By-law.
No pool, pool deck, or pool equipment shall be installed closer than
one meter to any side lot line, as defined in the Municipal Zoning
By-law.
No pool, pool deck, or equipment shall be installed closer than six
meters to any exterior side lot line, as defined in the Municipal
Zoning By-law.
A pool shall not be included in the Lot Coverage, as defined in the
Municipal Zoning By-law.
No pool, pool deck, or equipment shall be installed closer than 1.5
meters to a septic tank or holding tank, and no closer than five
meters to a septic bed.
No person shall permit a pool, pool deck, or equipment including
walkways, supporting structures, decking or concrete to encroach
upon any swale or drainage easement on any lot.
The Chief Building Official may grant relief from sections 5.1, 5.2,
and 5.3.
A spa shall be installed in accordance with the provisions of
Sections 5.1, 5.2, and 5.3, except that:
5.8.a
If a semi-detached dwelling is severed, the common lot
line that is shared between the two dwellings is not
required to meet the one meter setback provided that
the provisions of Sections 6.5 and 6.8 are satisfied.
When the pool's equipment is located within ten (10) meters (33
ft) of a neighbouring habitable dwelling:
5.9.a
no person shall fail to enclose the equipment to reduce
or divert noise away from such habitable dwellingll
Enclosures
Every owner of a pool or spa shall have an adequate enclosure
erected or installed in accordance with the provisions of this
section.
Even] enclosure shall:
6.2.a
be constructed and maintained
in structurally sound
condition so as to prevent access when the pool or spa
is not in use;
6.2.b
be constructed
in
a manner as to reasonably deter
children from climbing;
6.2.c
must not have rails or any other horizontal or diagonal
supports
or
exterior
fixtures
that
might
facilitate
climbing;
6.2.d
not have openings that could let a spherical object with
a diameter of 100mm (4") or more, except that the chain
link fences shall be limited to 38mm (11/2") per link; and,
6.2.e
be of close-boarded, chain link or other approved design
with maximum openings of 100mm (4") including the
space below the fence.
In the case of an in-ground pool, the enclosure shall be at least
1.52 meters (60") in height.
In the case of an above-ground pool, where the walls of the pool
are less than 1.22 meters (48") high above grade for a distance
of at least 610mm (24") from the wall:
6.4.a
the enclosure shall be 1.22 meters (48") in height; or,
6.4.b
the walls of the pool can be extended with an approved
manufactured fence for a total height of at least.1.22
meters (48").
In the case of a spa, an enclosure is not required provided that:
6.5.a
the spa is covered with a rigid, and lockable cover that
prevents access to the spa when not in use; and,
6.5.b
the cover shall be locked to the spa in a manner that
would make it impossible to remove except by the owner
of the spa when in use.
Barbed wire or fencing energized by an electric current, sharp
projections or any other dangerous characteristics shall not be
used as an enclosure for a pool or spa.
The enclosure must be located a minimum of 1.22 meters (48")
away from the pool unless approved otherwise by the Chief
Building Official.
No enclosure shall be located closer than 1.22 meters (48") to any
condition
that
facilitates
climbing
of
the
enclosure
unless
alternative measures are implemented to provide an equivalent
level of safety.
A hedge or bush shall not be considered an enclosure.
Maintenance and Storagg
Every person shall maintain every part of an outdoor swimming
pool enclosure in a structurally sound and upright condition to
reasonably deter children from climbing through, over or under to
gain access to the enclosed area.
No person shall place or store materials against the outside of a
pool enclosure.
Gates
Any exterior access in an enclosure leading to a terrace, patio,
steps, or deck adjoining a swimming pool or spa shall be protected
by a gate.
Gates in an enclosure shall:
.°°1*' oi
provide protection equivalent to the enclosure;
9°9° PE', no'
8.2.d
9° N rn
be at least the same height as the enclosure;
be equipped with a self-closing and self--latching device,
and a lock at the upper inside of the gate;
be locked except when the enclosed area is in use and
under competent supervision;
be of similar construction as the enclosure; and,
9° 1" "fl
double leaf gates are required to meet a single leaf.
There shall be no space greater than 100mm (4") where the gate
meets the ground or any other surface.
Where an above-ground pool contains a ladder as the only means
of access, it will be permitted provided the following requirements
are met:
8.5
'
9.1
9.2
10.
10.1
10.2
11.
11.1
11.2
11.3
8.4.a
8.4.b
8.4.c
8.4.d
the ladder and gate are manufactured and designed for
above-ground pools;
the ladder is an A-frame design;
the ladder can be enclosed by a cover that is lockable;
and,
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except for the first step, no steps are exposed.
No person shall have the wall of an attached or detached accessory
building as part of the required enclosure unless the door or
entrance in that wall has a self-closing door equipped with a self-
latching device (i.e. Lockset) which shall be locked at all times
when the pool is not in use and under competent supervision.
Pool Decks
Any deck or platform that is part of an enclosure shall:
9.1.a
have a guard and handrail that meet the minimum height
requirements of the Ontario Building Code;
9.1.b
-be designed in such a manner so as to not create a
means of climbing to access the pool or spa;
have no space greater than 100 mm (4") between any
parts of the deck assembly; and,
where a new deck is being proposed and is attached to a
building or is greater than 10 metres squared, a building
permit and associated fees will be required in addition to
the enclosure permit.
9.1.c
9.1.d
Guards that meet the minimum height requirements of the Ontario
Building Code but fail to meet the minimum height requirement of
the enclosure shall be made higher in order to meet the minimum
standards of this By-law.
Ground Elevation
No person shall install a pool or enclosure that alters in any way
the existing or approved stormwater drainage patterns of the lot.
The installation of any pool or spa shall include facilities to
effectively conduct backwater wash to a storm sewer, where
available, or a drainage ditch, in such a manner so as to prevent
damage to adjacent properties.
Notice
Where an enclosure is not erected or maintained in accordance
with any provision of this By--law, a notice shall be sent by
registered mail or by hand to the owner of the land on which the
pool or spa is located at their last known address requiring them
to make the enclosure conform to the requirements of this By-law
and the notice shall specify the time allowed for compliance.
If there is evidence that the person in possession of the property
is not the registered property owner, the notice shall be served
on both the registered property owner and the person in
possession of the property.
Where notice has been sent by the Municipality pursuant to
Subsections 14.1 and 14.2 of this By-law and the requirements of
the notice have not been complied with, the Municipality may, in
11.4
12.
12.1
12.2
12.3
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13.
13.1
13.2
14.
addition to issuing set fines, cause the work to be done, and may
recover the expense of such work and administration fees by
action
or
in
a
like
manner
as
municipal
taxes.
Every person shall comply with a notice immediately.
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Offence
Any person who contravenes any provisions of this By-law 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, and Chapter 33, as
amended.
Where a person is convicted of an offence under this By-law, the
Ontario Court of Justice or any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the
person convicted, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
If a court of competent jurisdiction should declare any section or
part of a section of this By-law to be invalid, such section or part
of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the By-law, and it is
hereby declared that the remainder of the By-law shall be valid
and shall remain in force.
Transition
Any pool or spa that was lawfully erected or constructed prior to
the passing of this By-law, shall be deemed to be in compliance.
Any pool erected without a pool enclosure must comply with the
provision of this By-law.
Administration
14.1This By-law shall be administered by the Chief Building Official.
14.2 This By-law shall be enforced by the Chief Building Official.
14.3 This By-law shall be known as the "Pool By-Law".
14.4 In the event of conflict between the provisions of this By-law and
any
other
By-law
of the
Municipality,
the
most
restrictive
provisions shall prevail.