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SG-I-18
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 16-18
FOR THE YEAR 2018
BEING A BYLAW TO REGULATE ENCLOSURES FOR PRIVATELY-OWNED
OUTDOOR POOLS WITHIN THE TOWNSHIP OF SOUTH GLENGARRY
WHEREAS Section 11(3) of the Municipal Act 2001, S.O. 2001, c. 25, as amended,
allows the Municipality to pass bylaws respecting structures, including fences and
signs;
AND WHEREAS Section 398 (1) of the Municipal Act 2001 provides that despite any
Act, a municipality may pass by-laws imposing fees or charges on any class of
person, for services or activities provided or done by or on behalf of the municipality.
AND WHEREAS Section 446 of the Municipal Act authorizes a municipality to direct
a matter or thing to be done under a by-law to be done at the person's expense
should the person fail to do so, and to recover the costs of doing the thing or matter
by action or by adding the costs to the tax roll and collecting them in the same
manner as taxes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF SOUTH GLENGARRY ENACTS AS FOLLOWS:
SHORT TITLE
THAT this by-law shall be known and cited as the "Pool Enclosure By-Law"
PART 1 - DEFINITIONS
1.1
In this By-law:
1.1. "Township" means the geographical area of the Township of South
Glengarry or the municipal corporation as the context requires;
1.2. "Construct", in all its forms, means to erect, install or materially alter;
1.3. "Director" means the person in the office of Director of Development or
authorized delegates;
1.4. "Effective ground level" means the highest level of the ground within 1.0
m horizontally in any direction from the point being considered;
1.5. "Enclosure" means any one or more of a fence, wall or structure,
including any door, gate or other opening, which surrounds a pool and
restricts access to the pool as permitted under sections 5.1 to 5.21 of
this By-law;
1.6. "Gate" means a barrier swinging on a vertical axis and includes a door
to a structure or building;
1.7. "Inflatable Pool" means a pool, as defined in this by-law, consisting of an
air supported structure which is capable of containing water with a depth
in excess of 0.6 m at any point.
1.8. "Officer" means any person appointed as a municipal law enforcement
officer for the purposes of enforcing this by-law, and may be referred to as
an inspector, property standards officer or officer, whichever is applicable
to enforce this by-law;
1.9. "Owner" includes:
a) a registered owner of land or the occupier of land on which a pool is
being constructed or is located;
b) a person for the time being managing or receiving rent for land on
which a pool is being constructed or is located, whether on the
person's own account or as agent for any other person, or the
person who would receive the rent if the land was let;
c) a person who takes possession of land on which a pool is being
constructed or is located under a charge or mortgage registered on
title; and
d) a person authorized in writing by an owner under (a), (b) or (c) to act
on their behalf;
1.10. "permit", except where the context requires otherwise, means a permit
issued under this By-law;
1.11. "pool" means a body of water that:
a) is located outdoors on private property;
b) is wholly or partially contained by artificial means; and
c) is capable, at any point, of holding water in excess of 0.6 m in depth;
including but not limited to a hot tub or landscape pond, but not
including a body of water that:
i.
is used for the purposes of, including but not limited to, providing
water to livestock or irrigation for crops, which are associated
with and located on land being used for farming;
ii.
is on land zoned as rural or agricultural and is not capable, at any
point 2.0 m from an edge, of holding water in excess of 0.6 m in
depth;
iii.
is part of a golf course;
iv.
is owned by any public or governmental entity, including but not
limited to an agency or authority;
v.
is a river, lake, stream or other natural body of water;
vi.
is a privately-owned stormwater management facility; or
vii.
is a rain barrel having a height of at least 1.0 m and with no
opening greater than 300 mm².
1.12. "Temporary Pool" means an Inflatable Pool or other Pool which is
designed to be installed temporarily and removed periodically on a
seasonal or more frequent basis
PART - 2 APPLICATION AND INTERPRETATION
2.1
Despite the provisions of this By-law, an enclosure that was in existence prior
to the day of the passing of this By-law and was in compliance with a permit
issued under By-law No. 31-10, the Swimming Pool and Enclosure By-law, or
a predecessor By-law shall be deemed to comply with this By-law for so long
as the enclosure:
a) continues to be in compliance with the permit issued under By-law No.
31-10, The Swimming Pool and Enclosure By-law, or the predecessor
By-law;
b) continues to be in good repair; and
c) is not replaced.
2.2
Where an enclosure deemed to comply with this By-law under subsection 2.1
no longer meets paragraph 2.1 a),b) or c), this By-law applies to the
enclosure or any replacement enclosure.
2.3
In the event of a conflict between the provisions of this By-law and the
provisions of any other Township By-law, the provisions of this By-law shall
prevail.
PART - 3 GENERAL OBLIGATIONS AND PROHIBITIONS
3.1
No Owner or their agent shall construct or permit to be constructed a pool on
a property unless they ensure that an enclosure that conforms to the
requirements of this by-law surrounds the pool and without first obtaining a
Permit from the Director.
3.2
No person shall construct or permit to be constructed a pool or enclosure that
is not in compliance with all applicable provisions of:
a) this By-law;
b) other Township By-laws, including but not limited to the Site Plan Control
By-law and the Zoning By-laws;
c) the Ontario Building Code; or
d) any other applicable legislation.
3.3
No person shall place water in a pool or permit water to be placed in a pool
unless an enclosure is in place that:
a) has been inspected and approved by an Officer; and
b) is in compliance with all applicable provisions of this By-law.
3.4
Every owner shall apply for a permit under this By-law before constructing or
permitting the construction of a pool.
3.5
Every owner shall maintain an enclosure in compliance with all applicable
provisions of this By-law and in good repair.
PART - 4 PERMIT PROCESS
Applications
4.1
An application for a Permit for a pool enclosure shall be in the form required
by the Director, and shall be accompanied by the fee set out in Schedule ' A'
of this by-law, two (2) sets of fully-dimensional plans, and with supporting
documentation:
a) identifying and describing in detail the work to be covered by the Permit for
which an application is made;
b) describing the property on which the pool is to be constructed;
c) showing the location of the pool, all accessory equipment and proposed
landscape features in relation to the enclosure, including but not limited to
property lines, buildings and structures (including decks and sheds), rights-
of-way, easements, septic beds and tanks, catch basins, swales, wells and
retaining walls;
d) describing complete details of the proposed enclosure, including location and
type and the specifications of the proposed fence and gate;
e) stating the names, addresses and telephone numbers of the Owner and the
Agent performing the work;
f)
describing complete details of any existing fence or building proposed to be
part of the enclosure, including details of gates, doors and windows;
g) providing the manufacturer's specifications for the safety cover for hot tubs, if
applicable; and providing any additional information
4.2
To determine compliance with this By-law, the Director may require that the
owner:
a) submit additional plans or other information as part of the permit
application form; or
b) allow an Officer to inspect the land where the pool is being constructed.
4.3
No permit shall be issued unless:
a) the permit application form is complete, including any additional plans or
other information if required under subsection 4.2 a);
b) an inspection is complete if required under subsection 4.2 b);
c) the pool and enclosure proposed in the completed permit application
form is in compliance with all applicable provisions of:
i.
this By-law;
ii.
other Township By-laws including but not limited to the Site
Alteration By-law, the Site Plan Control By-law and the Zoning By-
laws;
iii.
the Ontario Building Code; and
iv.
any other applicable legislation.
Permits
4.4
Where the Director issues a permit, he or she may impose one or more
conditions on the permit to ensure that the pool and enclosure are
constructed in compliance with all applicable provisions of:
a) this By-law;
b) other Township By-laws, including but not limited to the Site Alteration
By-law, the Site Plan Control By-law and the Zoning By-laws;
c) the Ontario Building Code; and
d) any other applicable legislation.
4.5
Conditions imposed on a permit by the Director may include but are not
limited to requirements that:
a) a temporary enclosure be constructed and maintained, including but not
limited to the amount of time it may be in place;
b) an enclosure be inspected and approved by an Officer before water is
placed in the pool.
4.6
A permit may be revoked by the Director if:
a) the permit was issued in error or on mistaken, false or incorrect
information; or
b) construction of the pool and enclosure has not been completed within 6
months from the date the permit was issued.
PART - 5 ENCLOSURES
General
5.1
Unless otherwise permitted under this By-law, every owner shall construct
and maintain an enclosure that:
a) is a minimum of 1.5 m in height measured from the effective ground level
on the outside of the enclosure;
b) has no openings when all gates are closed allowing the passage of a
spherical object larger than 100 mm in diameter;
c) is located at least 1.0 m from nearest inside pool wall; and
d) has nothing against or within 1.0 m of the enclosure that facilitates
climbing the enclosure or diminishes the structural integrity of the
enclosure;
e) totally encloses the pool area
5.2
Every fence and gate used as part of an enclosure which forms the part of the
enclosure that separates the pool from any dwelling on the same property
shall be constructed of open mesh chain link fence or equivalent open face
construction that does not restrict visibility of the pool from any door or
window that is located on the access level of the dwelling, and which has a
line of sight to the pool, and the materials used shall comply with the
provisions of this By-law.
5.3
No owner shall construct or maintain an enclosure that is in whole or in part:
a) an overhead garage door;
b) a hedge or other vegetation;
c) barbed wire, chicken wire or any other barbed or sharp material; or
d) a conductor of electricity.
Landscape Ponds
5.4
Despite section 5.1, an owner may construct and maintain a landscape pond
with a securely fastened grate or similar structure:
a) capable, at any point, of preventing a person of any size from descending
to a depth in excess of 0.6 m;
b) with openings of not more than 38 mm.
5.5
Where a landscape pond cannot or is not constructed and maintained with a
grate in accordance with subsection 5.4, the owner shall construct and
maintain an enclosure that otherwise complies with this By-law.
Gates
5.6
Every owner shall construct and maintain any gate to an enclosure with:
a) a self-closing device;
b) a self-latching device on the inside of the enclosure that is located at
least 1.35 m above the bottom of the enclosure;
c) a lock located on the inside of the enclosure; and
d) be of such construction and height that the gate otherwise complies with
the requirements of this By-law for the enclosure.
5.7
Despite section 5.6, a secondary gate used occasionally to allow for the
passage of vehicles or equipment may be constructed and maintained with a
lock located on the inside of the enclosure.
5.8
Every owner and every adult person in control of a pool shall ensure all gates
to an enclosure:
a) that are not secondary gates under section 5.7, are closed and locked at
all times except when the owner or a person with the owner's permission
is entering, leaving or using the pool; and
b) that are secondary gates under section 5.7, are closed and locked at all
times except when in use to allow for the passage of vehicles or
equipment.
Fence Construction Standards
5.9
Every Owner shall construct and maintain all or part of an enclosure
surrounding their pool as follows:
a) Chain link fencing:
i.
Diamond mesh:
a. openings of not more than 38 mm; and
b. of either 12 gauge galvanized steel wire or 14 gauge galvanized
steel wire covered with a vinyl or other approved coating which
would give it a total thickness equivalent to 12 gauge galvanized
steel wire.
ii.
Support posts:
a. of galvanized steel;
b. at intervals of not more than 3.0 m;
c. securely imbedded at least 1.2 m below grade or so as not to be
frost susceptible;
d. encased in concrete below grade with at least a 50 mm cover on
sides and base;
e. which are end or corner posts, a minimum of 48 mm in
diameter; and
f. which are intermediate posts, a minimum of 38 mm in diameter;
and
g. a horizontal top rail and bottom rail of galvanized or vinyl coated
steel a minimum of 32 mm in diameter.
b) Vertical board fencing:
i.
Boards:
a. of not less than 19 mm by 89 mm;
b. attached to a top and bottom rail; and
c. spaced at not more than 38 mm or, if a board on board design,
at not more than 100 mm;
ii.
Support posts:
a. at intervals of not more 2.4 m;
b. securely imbedded at least 1.2 m below grade or so as not to be
frost susceptible;
c. encased in concrete below grade with at least a 50 mm cover on
sides and base;
d. made, below grade, of natural cedar, pressure-treated wood or
treated with a wood preservative that is acceptable to the
Director; and
e. a minimum of 89 mm by 89 mm square; and
f. a horizontal top rail and bottom rail of not less than 38 mm by 89
mm, and, where the space between the boards is permitted to
be greater than 38 mm, the top and bottom rails shall be spaced
to provide a minimum clearance of 1.2 m between the rails.
c)
Wrought iron, aluminum or vinyl fencing:
i.
With sufficient strength to provide an effective enclosure;
ii.
With no openings allowing the passage of a spherical object larger
than 100 mm in diameter;
iii.
Support posts:
a. at intervals of not more 3.0 m;
b. securely imbedded at least 1.2 m below grade or so as not to be
frost susceptible; and
c. encased in concrete below grade at least 50 mm thick; and
d. a horizontal top rail and bottom rail at least 1.2 m apart.
Walls
5.10
Every owner shall ensure all openings in a wall of a building or structure
which forms
all or part of an enclosure, and could provide a means of ingress directly into
the swimming pool area, are protected by a door, window or other covering
and kept closed and locked at all times when such swimming pool is not
under competent supervision.
Above-Ground Pools
5.11
Every owner shall construct and maintain their above-ground pool with:
a) a total combined height of the above ground pool walls and enclosure
guard that:
i.
is not less than 1.5 m in height; and
ii.
does not facilitate climbing; and
iii.
any area that provides access to the above-ground pool surrounded
by an enclosure which complies with the requirements for enclosures
set out in this By-law.
b) a fence, gate or other device to prevent climbing of the ladder for the
pool.
5.12
Where an above-ground pool cannot or is not constructed and maintained in
accordance with section 5.13, the owner shall construct and maintain an
enclosure that otherwise complies with this By-law.
Temporary Pools
5.13
If a 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.
Hot Tubs
5.14
Every owner shall construct and maintain their hot tub with a rigid cover that
is capable of supporting a 90 kg load or meets the most up-to-date American
Society for Testing and Materials standard for hot tubs.
5.15
Every owner and every adult person in control of a hot tub shall ensure that
the rigid cover under subsection 5.14 is securely fastened and locked to
prevent access at all times when the hot tub is not in use.
5.16
Where a hot tub cannot or is not constructed and maintained with a rigid
cover in accordance with section 5.14, the owner shall construct and maintain
an enclosure that otherwise complies with this By-law.
Temporary Enclosures
5.17
Every owner shall construct and maintain a temporary enclosure surrounding
their pool when the pool does not have, for any reason, an enclosure that
otherwise complies with this By-law.
5.18
Unless otherwise authorized by the Director, a temporary enclosure is
permitted for not more than 7 consecutive days to allow time for the owner to
construct and maintain a permanent enclosure that complies with this By-law.
5.19
Every owner shall construct and maintain a temporary enclosure with:
a) plastic mesh fencing (snow fence): and
i.
securely fastened to the support posts at 200 mm centres;
b) "T" support posts:
i.
of steel;
ii.
at intervals of not more than 2.4 m; and
iii.
securely imbedded at least 300 mm below grade;
c) a horizontal top cable and bottom cable:
i.
of 11 gauge steel; and
ii.
threaded through the plastic mesh fencing and securely fastened
to each support post; and
d) no openings, when all openings that provide access are closed, allowing
the passage of a spherical object larger than 100 mm in diameter.
5.20
Every owner and every adult person in control of a pool surrounded by a
temporary enclosure shall ensure that every opening providing access to the
pool is closed and locked at all times except when the owner or a person with
the owner's permission is entering or leaving.
PART - 6 ADMINISTRATION AND ENFORCEMENT
General
6.1
The Director is authorized to administer and enforce this By-law including but
not limited to:
a) arranging for:
i.
the assistance or work of Township staff, or Township agents;
ii.
the making of orders or other requirements and the imposition of
conditions as authorized under this By-law;
iii.
the obtaining of court orders or warrants as may be required;
iv.
the commencement of such actions on behalf of the Township to
recover costs or restrain contravention of this By-law as deemed
necessary; and
b) prescribing the format and content of any forms or other documents
required under this By-law.
6.2
The Director may assign Officers to enforce this By-law and Officers so
assigned or appointed by Council to enforce this By-law shall have the
authority to:
a) carry out inspections;
b) make orders or other requirements as authorized under this By-law; and
c) give immediate effect to any orders or other requirements made under
this By-law.
6.3
The Director may assign duties or delegate tasks under this By-law to be
carried out in the Director's absence or otherwise.
6.4
The Director may approve an enclosure that does not comply with sections
5.1 to 5.20 of this By-law where the Director determines that the enclosure
would provide an equivalent or greater degree of safety.
Entry and Inspections
6.5
An Officer may enter on land at any reasonable time and in accordance with
the conditions set out in sections 435 and 437 of the Municipal Act, 2001 for
the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
a) this By-law;
b) a direction or order made under this By-law;
c) a permit issued under this By-law; or
d) an order made under s. 431 of the Municipal Act, 2001.
6.6
An Officer may, for the purposes of the inspection under Section 6.5 and in
accordance with the conditions set out in section 436 of the Municipal Act,
2001:
a) require the production for inspection of documents or things relevant to
the inspection;
b) inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
c) require information in writing or otherwise as required by the Officer from
any person concerning a matter related to the inspection; or
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
6.7
An Officer may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under Section 438 of the Municipal
Act, 2001, in accordance with the conditions set out in that section, where he
or she has been prevented or is likely to be prevented from carrying out an
inspection under Sections 6.5 and 6.6.
Orders including Delivery
6.8
If an Officer is satisfied that a contravention of this By-law has occurred, he or
she may make an order requiring the person who contravened the By-law or
who caused or permitted the contravention or the owner or occupier of the
property on which the contravention occurred to discontinue the contravening
activity.
6.9
An order under Section 6.8 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred; and
b) the date or dates by which there must be compliance with the order,
which may be of immediate effect should the Officer determine that the
circumstances warrant.
6.10
If an Officer is satisfied that a contravention of this By-law has occurred, he or
she may make an order requiring the person who contravened the By-law or
who caused or permitted the contravention or the owner or occupier of the
property on which the contravention occurred to do work to correct the
contravention.
6.11
An order under Section 6.10 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the contravention
occurred;
b) the work to be completed;
c) the date or dates by which the work must be completed; and
d) notice that if the order is not complied with, then the work may be done at
the expense of the owner.
6.12
Delivery of an order to discontinue a contravening activity made under
Section 6.8 or an order to do work made under Section 6.10 may be given
personally or by registered mail to the last known address of:
a) the owner; and
b) such other persons affected by the order as an Officer determines.
Delivery by registered mail shall be deemed to have taken place five business
days after the date of mailing.
6.13
In addition to delivery in accordance with Section 6.8, an order to discontinue
contravening activity made under Section 6.8 or an order to do work made
under Section 6.10 may be delivered by an Officer placing a placard
containing the order in a conspicuous place on the property where the
contravention occurred.
6.14
Where delivery cannot be given in accordance with Section 6.12, sufficient
delivery is deemed to have taken place when given in accordance with
Section 6.13.
6.15
Where a time frame is set out in an order for carrying out any action, an
Officer may extend the time for compliance beyond the established time
frame provided such extension is required and is acceptable to the Officer.
Township Carrying Out Work
6.16
Where the owner of the privately-owned outdoor swimming pool or property
owner fails to erect or maintain a fence or gate around the swimming pool or
places water in the pool, or causes, permits or allows the water to remain in
the pool where a fence or gate is not erected or maintained, the Director may
immediately at the persons expense, direct an employee or agent to,
a) erect or repair the swimming pool enclosure; or
b) remove all water from the swimming pool until the required swimming
pool enclosure is erected or maintained in accordance with this by-law.
6.17
The Township may recover the costs of doing a matter or thing under Section
6.16 by action or by adding the costs to the tax roll and collecting them in the
same manner as property taxes and such costs shall include an
administration fee of 30 per cent (30%). The amount of the Township's costs,
including interest to the date payment is made in full, constitutes a lien upon
the land, upon the registration of a notice of lien upon the land.
Penalties
6.18
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to the penalties specified by Section 61
of the Provincial offences Act, R.S.O. 1990, Chapter P. 33.
6.19
Where a provision of this by-law conflicts with the provision of another by-law
in force within the Township, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public shall
prevail.
Part 7 - REPEAL
7.1 By-law 31-10 is hereby rescinded.
7.2 This By-law 16-18 shall come into force and effect upon the final passing.
READ A FIRST, SECOND AND THIRD TIME IN OPEN COUNCIL THIS 5TH DAY
OF MARCH, 2018.
Mayor
Clerk
SCHEDULE "A"
TOWNSHIP OF SOUTH GLENGARRY
Pool Enclosure Bylaw 16-18
Schedule of Fees
Item
Description
Fee
1
Pool Enclosure Permit Fee
$100.00
2
Order.
Where the informal notice has not been
complied with, for the Order issued in respect to
any property
$ 50.00