Swimming Pool Fence By-law 24-2004 (Office Consolidation)
South Huron, Ontario
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Consolidation of By-Laws 24-2004 and 15-2010
The Corporation of the Municipality of South Huron
By-Law 24-2004
A By-Law to regulate swimming pool fences
Office Consolidation of By-Laws 24-2004 and 15-2010
This by-law is printed under and by authority
of the Council of the Municipality of South Huron
Disclaimer:
The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the by-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The Municipality of South
Huron does not warrant the accuracy of this electronic version. This consolidation
cannot be distributed or used for commercial purposes. It may be used for other
purposes only if you repeat this disclaimer and the notice of copyright. Official versions
of all by-laws can be obtained from the Clerk's Department by calling 519-235-0310.
Consolidation of By-Laws 24-2004 and 15-2010
The Corporation of the Municipality of South Huron
By-Law 24-2004
Being a By-law to regulate swimming pool fences
By-Law Index
Part 1 - Definitions
1.1
Definitions
Chief Building Official -defined
Gate -defined
Hydro massage pool -defined
Maintain -defined
Municipality - defined
Replacement -defined
Self-closing device -defined
Self-latching device -defined
Swimming pool -defined
Swimming Pool Fence -defined
Part 2 - General Provisions
2.1
Administration -Chief Building Official
2.2
Application of by-law -on or after April 19, 2004
2.3
Existing swimming pool fences -lawfully constructed
2.4
Maintain - swimming pool fencing - compliance with previous by-law
2.5
Replacement -swimming pool fencing -compliance -required
2.6
Swimming Pool Fence By-law -prevails
2.7
Existing Swimming Pool Fences- used by property abutting, portion conforms
Part 3 - Prohibitions
3.1
No construction -without permit
3.2
Swimming pool -not enclosed by swimming pool fence
3.3
No construction -without temporary fencing
3.4
Construction -fence -non-conforming
3.5
Gate -without self-closing -self-latching device
3.6
Gate -self-latching device -distance above ground
3.7
Storage of materials -against outside of swimming pool fence
3.8
Replacement -existing fence -without permit
3.9
Swimming Pool Fence -maintain -in accordance with by-law
3.10 Two gates- self-closing / self-latching device -permanently affixed
Consolidation of By-Laws 24-2004 and 15-2010
Part 4 - Application for Swimming Pool Fence Permits
4.1
Application -to Chief Building Official -in writing -owner
4.2
Application -documentation to accompany -set out
4.3
Permit -issue -by Chief Building Official -conditions
Part 5 - Swimming Pool Fence Regulations
5.1
Height- minimum requirements
5.2
Opening -maximum diameter
5.3
Opening -maximum diameter -exception -conditions
5.4
Ground clearance -maximum
5.5
Structural members -prevent easy climbing -required
5.6
Construction -to prevent unauthorized entry
5.7
Height- measurement -from ground level
5.8
Gate -self-closing -self-latching -locking device
5.9
Gate -self-latching device -requirements
5.10 Temporary fence -required -during construction
5.11 Deck forms swimming pool fence
Part 6 - Undertaking to ensure repair
6.1
Boulevard crossing -by vehicles -deposit -calculation
6.2
Debris on streets -prevention -cleaned -by owner
Part 7 - Enforcement
7.1
Fine for contravention
7.2
Continuation -repetition -prohibited -by order
7.3
Default- not remedied -done at owner's expense
Part 8 - Repeal-Enactment
8.1
By-law - previous
8.2
Effective date
Schedule
Schedule 'A' - Permit fees
Whereas pursuant to paragraph 30 of section 210 of the Municipal Act, R.S.O.
1990, c. M.45, as amended, a by-law may be passed to issue permits for swimming
pool fences and to prescribe safety standards for privately owned outdoor swimming
pools;
And Whereas section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45, as
amended by section 10 of Schedule M of the Savings and Restructuring Act, 1996
Consolidation of By-Laws 24-2004 and 15-2010
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 Municipality of South Huron;
And Whereas it is expedient to impose fees for certain services provided by the Building
and Development Department;
Therefore the Municipal Council of The Corporation of the Municipality of South
Huron enacts as follows:
Short Title
Swimming Pool Fence By-law
Part 1 - Definitions
1.1
Definitions
In this by-law:
Chief Building Official - defined
"Chief Building Official" shall mean the person appointed by the Municipality of
South Huron Council to such position pursuant to the Building Code Act.
Gate - defined
"gate" shall mean any part of a swimming pool fence which opens on hinges and
includes a door located in the wall of an attached or detached garage or carport,
which forms part of the swimming pool fence.
Hydro Massage Pool - defined
"hydro massage pool" shall include those pools commonly referred to as a hot
tub, a whirl pool a jacuzzi or a spa.
Maintain - defined
"maintain" shall mean to carry out repairs of any part or parts of a swimming pool
fence so that it can properly perform the intended function.
Municipality - defined
shall mean the Corporation of the Municipality of South Huron.
Replacement - defined
"replacement" shall mean the construction of a swimming pool fence that takes
the place of a swimming pool fence previously constructed.
Consolidation of By-Laws 24-2004 and 15-2010
Self-closing device - defined
"self-closing device" shall mean a mechanical device or spring which returns a
swimming pool fence gate to its closed position within 30 seconds after it has
been opened.
Self-latching device - defined
"self-latching device" shall mean a mechanical device or latch which is engaged
each time the swimming pool fence gate is secured to its closed position; which
will not allow the swimming pool fence gate to be re-opened by pushing or
pulling, and which will ensure the swimming pool fence gate remains closed until
unlatched by either lifting or turning the device itself directly or by a key.
Swimming pool -defined
"swimming pool" shall mean a structure, basin, chamber or tank containing or
capable of containing water, and designed to be used for swimming or wading,
and:
(a) has a water depth of more than 75 centimetres (29.5 inches) at any point;
and
(b) has a surface area of more than 1 square metre (10.8 square feet); and
(c) is not under the jurisdiction of the Building Code; and
(d) is not completely inside a building; and
(e) is not owned by government or a local board or commission constituted
under any statute or by-law; and
(f) is not a pond or reservoir to be utilized for farming purposes; and
(g) but excludes hydro massage pools; and
(h) excludes storm water management ponds
Swimming Pool Fence- defined
"swimming pool fence" shall mean a fence, a wall, a structure or a building which
encloses a swimming pool. Above ground pools shall also include a combination
of pool height and integrally constructed fence provided that a suitable ground
constructed enclosure surrounds the entrance ladder and any other equipment
such as a heater, filter in accordance with this by-law.
Part 2 - General Provisions
2.1
Administration -Chief Building Official
This by-law shall be administered by the Chief Building Official.
2.2
Application of by-law -on or after April 19, 2004
This by-law shall apply to all swimming pool fences constructed or replaced in
the Municipality of South Huron on or after April 19, 2004.
Consolidation of By-Laws 24-2004 and 15-2010
2.3
Existing swimming pool fences -constructed
The provisions of this by-law shall not prevent the use of an existing swimming
pool fence if such swimming pool fence was constructed and has enclosed a
swimming pool from the date of its construction on or before April 18, 2004, and
was built and maintained in accordance with the regulations of the by-law
existing prior to April 19, 2004.
2.4
Maintain -swimming pool fencing - compliance with previous by-law
Where any swimming pool fence was constructed to enclose a swimming pool in
accordance with the regulations that existed on or before April 18, 2004, the
swimming pool fence may be maintained in accordance with such regulations.
2.5
Replacement- swimming pool fencing -compliance -required
At such time as an entire existing swimming pool fence is replaced the
replacement swimming pool fence shall be constructed in accordance with this
by-law.
2.6
Swimming Pool Fence By-law -prevails
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
Municipality of South Huron by-law that regulates fences.
2.7
Existing Swimming Pool Fences -used by property abutting, portion
conforms
Where a swimming pool fence has enclosed a swimming pool in accordance with
the regulations that existed on or before April 19, 2004 and that swimming pool
fence has been maintained continuously in accordance with those regulations,
and which swimming pool fence also marks the boundary between abutting
properties, that swimming pool fence shall be deemed to be in conformity should
a swimming pool be constructed on any of the abutting properties to the extent of
the shared portion of the swimming pool fence between the two abutting
properties. All other portions of the swimming pool fence that enclose the newly
constructed swimming pool shall meet the standards set out in this by-law.
Part 3 - Prohibitions
3.1
No construction -without permit
No person shall construct or cause to be constructed a swimming pool without
having first obtained a swimming pool fence permit from the Chief Building
Official.
3.2
Swimming pool - not enclosed by fence
No person shall construct or cause to be constructed a swimming pool which is
not completely enclosed by a swimming pool fence, in accordance with this by-
law.
Consolidation of By-Laws 24-2004 and 15-2010
3.3
No construction - without temporary fencing
No person shall fail to enclose a swimming pool with temporary fencing during
construction.
3.4
Construction -fence -non-conforming
No person shall construct or cause to be constructed a swimming pool with a
swimming pool fence that does not conform to the requirements of this by-law.
3.5
Gate - without self-closing - self-latching device
No person shall fail to equip a swimming pool fence single gate access with a
self-closing device and a self-latching device.
3.6
Gate - self-latching device - distance above ground
No person shall construct or maintain a swimming pool fence gate with an
outside opening self- latching device less than 122 centimetres (48 inches)
above ground level.
3.7
Storage of materials - against outside of swimming pool fence
No person shall place or store materials against the outside of a swimming pool
fence
3.8
Replacement - existing fence - without permit
No person shall replace a swimming pool fence without having first obtained a
swimming pool fence permit from the Chief Building Official.
3.9
Swimming Pool Fence- maintain -in accordance with by-law
No person shall fail to maintain a swimming pool fence in accordance with this
by-law.
3.10 Two gates -self-closing I self-latching device- permanently affixed
No person shall construct or maintain a double swimming pool fence gate access
without one of the two gates having a self-closing device and a self-latching
device. The gate of this double gate access without a self-closing device and a
self-latching device must have a device permanently affixed to the ground or
other non-movable object that prevents access through this gate without lifting or
removing this device and then releasing the latch.
3.11 Security of a Hydro Massage Pool
No person shall install, construct, or use any structure defined as a Hydro
Massage pool unless any such structure is provided with a secure cover fully
capable of closing the opening thereto and which cover is locked to prevent
access when the structure is not in use. Otherwise, these structures must comply
with the respective requirements of sections 1 through 8 of this by-law.
Consolidation of By-Laws 24-2004 and 15-2010
Part 4 - Application for Swimming Pool Fence Permits
4.1
Application - to Chief Building Official - in writing - owner
An application for a permit to erect a new swimming pool fence or for the
replacement of an existing swimming pool fence shall be made by the owner or
his or her agent, in writing to the Chief Building Official on such forms as may be
prescribed.
4.2
Application - documentation to accompany - set out
All such swimming pool fence permit applications shall be accompanied by a
drawing showing the following:
1) The lot, showing size of lot, house location and any other accessory
buildings (shed, septic tank, weeping bed etc)
2) Existing fence, height of fence, material fence is made of
3) Location of pool, pump and filter (show the distance between fence,
house, buildings)
4) Any proposed or existing deck or accessory buildings (pump house,
change room)
5) Various dimensions -distance from pool to fence, pool to house, etc.
4.3
Permit - issue - by Chief Building Official - Conditions
The Chief Building Official shall issue a permit for a swimming pool fence where
the plans submitted appear to comply with all applicable regulations, and the
requirements of the by-law have been met.
Part 5 - Swimming Pool Fence Regulations
5.1
Height - minimum requirements
Every swimming pool shall be enclosed by a swimming pool fence which shall
extend from the ground to a height of not less than 153 centimetres (60 inches).
5.2
Opening- maximum diameter
Except as provided in section 5.3 of this by-law, every swimming pool fence
referred to in section 5.1 of this by-law shall not have any openings that would
allow the passage of a spherical object having a diameter greater than 3.8
centimetres (1.5 inches).
5.3
Amended by By-law 15-2010
Opening - maximum diameter - exception - conditions
For other than chain link fences, where the vertical distance between each
horizontal rail measured from the top of each rail is 1.2 metres (4 feet) or greater,
the openings in the fence are permitted to be greater than 3.8 cm (1.5 inches) but
not greater than that which would allow the passage of a spherical object having
a diameter of 10 cm (4 inches).
Consolidation of By-Laws 24-2004 and 15-2010
5.4
Ground clearance -maximum
Every swimming pool shall be enclosed by a swimming pool fence which has a
clearance from the ground to the underside of the swimming pool fence that
would prevent the passage of a spherical object having a diameter of 10
centimetres (4 inches).
5.5
Structural members - prevent easy climbing - required
Every swimming pool shall be enclosed by a swimming pool fence which has all
it's horizontal structural members located on inside the enclosure to prevent easy
climbing unless the swimming pool fence has no openings greater than 3.8 cm
(1.5 inches) and the horizontal members are at least 90 cm (35.5 inches) apart.
The swimming pool enclosure shall be located at least 4'0" (1.22 metres)
distance from any outside structure, fence, tree, air-conditioning unit, meter,
steps, ledges, window sills, etc., which might afford means whereby the
enclosure could be scaled from the outside by a small child.
5.6
Construction - to prevent unauthorized entry
Every swimming pool shall be enclosed by a swimming pool fence which is of
sturdy construction, capable of preventing unauthorized entry.
5.7
Height - measurement - from ground level
The height of the swimming pool fence shall be measured from ground level on
the outside of the enclosure.
5.8
Gate - self-closing - self-latching - locking device
Every gate on a swimming pool fence shall be equipped with a self-closing
device and a self- latching device.
5.9
Gate - self-latching device - requirements
A self-latching device that can be opened without a key from the outside shall not
be less than 122 centimetres (48 inches) above ground level.
5.10 Temporary fence -required -during construction
During all phases of construction temporary fencing shall be in place such that
unauthorized access is prevented.
5.11 Deck forms swimming pool fence
Where a deck forms part of the swimming pool fence, it shall meet all regulations
in Part 5 of this by-law.
Part 6 - Undertaking to ensure repair
6.1
Debris on streets - prevention -cleaned - by owner
Consolidation of By-Laws 24-2004 and 15-2010
The owner of any lands on which any 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.
Part 7 - Enforcement
7.1
Amended by By-Law 15-2010
Fine -for contravention
Every person who contravenes any provision of this By-Law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P33.
7.2
Continuation -repetition -prohibited -by order
The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted, and such order shall be in
addition to any other penalty imposed on the person convicted.
7.3
Default -not remedied -done at owner's expense
Where anything required to be done in accordance with his by-law is not done
within 30 days from the time that the pool is filled with water, the Chief Building
Official or persons designated by the Chief Building Official for The Corporation
of the Municipality of South Huron, appointed pursuant to the Building Code Act
may, upon such notice as he deems suitable, do such thing at the expense of the
person required to do it and, in so doing, may charge an administration fee of
15% of such expense with a minimum fee of $80.00; and both the expense and
the fee may be recovered by action or in like manner as municipal taxes.
Part 8 - Repel - Enactment
8.1
By-Iaw - Previous
Town of Exeter By-law-#17, 1987 passed on April 21, 1987 and all of its
amendments are hereby repealed.
Township of Stephen By-law #33, 1990 passed on October 2, 1990 and all of its
amendments are hereby repealed.
Township of Usborne By-law #14, 1984 passed on December 18, 1984 and all of
its amendments are hereby repealed.
8.2
Effective date
This by-law comes into force on the date of final passing.
Consolidation of By-Laws 24-2004 and 15-2010
Schedule A to By-Law 24-2004
Permit Fees
1. New swimming pool fence permit fee is $100.00
2. Replacement swimming pool fence permit fee is $100.00