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The Corporation of the City of Temiskaming Shores
Office Consolidated
Fence Regulations
By-law No. 2013-183
Being a by-law to regulate Fences and to Repeal By-law No.
2007-168 and all amendments made thereto
By-laws amending original Municipal By-law No. 2013-183:
By-law No. 2014-204
November 4, 2014
By-law No. 2015-061
May 5, 2015
Note:
This office consolidation has been prepared to assist the reader in understanding the
amendments made to By-law 2013-183.
The Corporation of the City of Temiskaming Shores
By-law No. 2013-183
Being a by-law to regulate Fences and to Repeal
By-law No. 2007-168 and all Amendments made thereto
Whereas Section 10(2) 10 of the Municipal Act S.O. 2001, c.25, authorizes Council to pass by-
laws respecting structures, including fences and signs;
And whereas Section 10(2) 6 of the Municipal Act S.O. 2001, c.25, authorizes Council to pass
by-laws respecting the health, safety and well-being of persons;
And whereas Section 427(1) of the Municipal Act, 2001 provides that a municipality may
proceed to do things at a person's expense, which that person is otherwise required to do under
a by-law or otherwise has failed to do;
And whereas the Council of The Corporation of the City of Temiskaming Shores acknowledged
receipt of Administrative Report CGP-031-2013 at the November 5, 2013 Regular Council
meeting providing first and second reading of this by-law and directed staff to undertake a public
consultation process prior to submitting for 3rd and final reading;
And whereas the Council of the Corporation of the City of Temiskaming Shores considers it
desirable to enact such a by-law;
Now therefore the Council of The Corporation of the City of Temiskaming Shores hereby
enacts the following as a by-law;
1. That Council adopts a by-law to regulate the height, location and description of lawful
fences within the Municipality identified as Schedule "A" hereto attached and forming
part of this by-law.
2. That this by-law shall come into force and take effect on the date of its final passing.
3. That all By-law No. 2007-168 being a by-law to regulate fences, and all amendments
thereto, are hereby repealed on the date this by-law becomes effective.
6. That the Clerk of the City of Temiskaming Shores is hereby authorized to make any
minor modifications or corrections of an administrative, numerical, grammatical,
semantically or descriptive nature or kind to this by-law and schedule as may be deemed
necessary after passage of this by-law.
Read a first and second time this 5th day of November, 2013.
__________________________
Mayor
__________________________
Clerk
Read a third time and finally passed this 18th day of February, 2014.
__________________________
Mayor
__________________________
Clerk
Schedule "A" to
By-law No. 2013-183
Fence By-law
Being a by-law to regulate the height, location
and description of lawful fences within
Temiskaming Shores
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
1
Index
Part 1 - General Provisions
Section
Page
1.1
Short Title
4
1.2
Scope
4
1.3
Enforcement
4
1.4
Conflicts with other by-law
4
Part 2 - Definitions of Words and Phrases
Section
Page
2.1
Agricultural Zone
4
2.2
Boundary Fence
4
2.3
Building By-Law
4
2.4
Building Code Act
4
2.5
By-Law Enforcement Officer
4
2.6
City
4
2.7
Commercial Zone
5
2.8
Council
5
2.9
Exterior Face
5
2.10
Fence
5
2.11
Gate
5
2.12
Grade
5
2.13
Height
5
2.14
Hot Tub
5
2.15
Industrial Zone
5
2.16
Inhabitants
5
2.17
Line Fences Act
5
2.18
Lot Line
5
2.19
Front Lot Line
5
2.20
Flank Lot Line
5
2.21
Rear Lot Line
5
2.22
Side Lot Line
6
2.23
Maintain
6
2.24
Natural Grade
6
2.25
Owner
6
2.26
Permit to Construct a Swimming Pool Fence
6
2.27
Person
6
2.28
Property
6
2.29
Residential Zone
6
2.30
Rural Zone
6
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
2
2.31
Self-Closing Device
6
2.32
Self-Latching Device
6
2.33
Sight Triangle
6
2.34
Swimming Pool
6
2.35
Swimming Pool Area
6
2.36
Swimming Pool Fence
7
2.37
Yard
7
2.38
Front Yard
7
2.39
Flank Yard
7
2.40
Rear Yard
7
2.41
Side Yard
7
2.42
Zone
7
2.43
Zoning By-Law
7
Part 3 - Application
Section
Page
3.1
Effective Date
7
3.2
Pre-Existing Swimming Pool Fence
7
Part 4 - Reserved
Part 5 - Regulations
Section
Page
5.1
Fence Permit Required
8
5.2
Compliance with Requirements
8
5.3
Height and Description of Lawful Fences
8
5.4
Sight Triangle
8
5.5
Barbed Wire
9
5.6
Electrified Wire
9
5.7
Page Wire
9
5.8
Requirements for a Boundary Fence in the Rural/ Agricultural Zone
9
5.9
Requirement for a Swimming Pool Fence
9
Part 6 - Permits and Approvals
Section
Page
6.1
Requirement for a Swimming Pool Fence
10
6.2
Application for a Permit to Construct a Swimming Pool Fence
10
6.3
Revocation of a Permit to Construct a Swimming Pool Fence
11
Part 7 - Line Fences Act
Section
Page
7.1
Line Fences Act Shall Apply
11
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
3
Part 8 - Exemptions
Section
Page
8.1
Public Property
11
8.2
Pre-Existing Fences
11
8.3
Agricultural Fences
12
8.4
Protective Fencing
12
Part 9 - Administration and Penalty
Section
Page
9.1
Offence - Penalty
12
9.2
Continuation - New Offence
12
9.3
Continuation - Repetition - Prohibited - By Order
12
9.4
Authority to Remedy
12
Part 10 - Validity
Section
Page
10
Validity
11
Appendices
Appendix
1
Standards to Construct a Swimming Pool Fence
2
Standards for Boundary Fences in Rural/Agricultural Zones
3
Application to Construct a Swimming Pool Fence
4
Permit to Construct a Swimming Pool Fence
5
Fees for a Permit to Construct a Swimming Pool Fence
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
4
Part 1
General Provisions
1.1
Short Title
This by-law shall be cited as the 'Fence By-Law".
1.2
Scope
The provisions of this By-law shall apply to all property within the geographic limits of the City,
except where otherwise provided.
1.3
Enforcement
The By-law Enforcement Officer is responsible for the administration and enforcement of this
by-law.
1.4
Conflicts with other by-law
Where provisions of the By-law conflict with a provision of another by-law in force in the City, the
provisions that establishes the higher standard in terms of protecting the health, safety and
welfare of the general public and the environmental well being of the municipality, shall prevail
to the extent of the conflict.
Part 2
Definitions of Words and Phrases
Definitions of words and phrases used in this by-law that are not included in the list of definitions
in this section shall have the meanings which are commonly assigned to them in the context in
which they are used in this by-law.
The words defined in this section have the following meaning for the purposes of this by-law:
2.1
Agricultural Zone means the area of land designated for agricultural use as prescribed
in the Zoning By-law.
2.2
Boundary Fence means a fence to mark the lot line between an owner's land and
adjoining lands.
2.3
Building By-law means the City of Temiskaming Shores By-law 2013-072 and
amendments thereto, and any subsequent by-laws which may be enacted in substitution
thereof.
2.4
Building Code Act means the Building Code Act, S.O. 1992, C25
2.5
By-law Enforcement Officer means the person or persons duly appointed from time to
time by Council to enforce regulatory by-laws of the Municipality.
2.6
City means the Corporation of the City of Temiskaming Shores.
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
5
2.7
Commercial Zone means the area of land designated for commercial use as prescribed
in the Zoning By-law.
2.8
Council means the Council of the City of Temiskaming Shores.
2.9
Exterior Face means that side of a swimming pool fence from which access to the pool
is to be prevented.
2.10
Fence means a hedge or thick growth of shrubs or trees, a structure or partition made of
wood, metal or other substance that is constructed for any purpose, such as marking the
boundary of property, enclosing a property, providing privacy, preventing access by
people or animals, or dividing property into sections, and includes every door, gate and
other closure that forms part of a fence.
2.11
Gate means that part of a fence that can be opened to provide access through the fence
and which is commonly supported on hinges to swing on vertical axes.
2.12
Grade means the elevation of the surface of the ground where it abuts a fence or other
structure.
2.13
Height means the vertical distance between natural grade and the top of the fence.
2.14
Hot tub means a body of water located outdoors contained by artificial means, with
mechanisms allowing for the direction and/or adjustment of jets of warm water flowing in
a rapidly rotating and circular current, and which produces a depression or cavity in the
centre, and "hot tub" shall include tubs which are commonly called "spas" or "whirlpools".
2.15
Industrial Zone means the area of land designated for industrial use as prescribed in
the Zoning By-law.
2.16
Inhabitants means those person(s) occupying or residing within the municipality.
2.17
Line Fences Act means the Line Fences Act, R.S.O. 1990, Chapter L.17 as amended.
2.18
Lot Line means the boundary line between adjoining properties and or the boundary line
between a property and a highway, road street, avenue, laneway, watercourse etc.
2.19
Front Lot Line means, in the case of an interior lot, the lot line dividing the lot from the
street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line except where the lot lines abutting a street are the same length, the
lot line used for the principal entrance to the lot shall be deemed to be the front lot line.
In the case of a through lot, the lot line used for the principal entrance to the lot shall be
deemed to be the front lot line. In the case of a standard waterfront lot, the street line
shall be deemed to be the front lot line.
2.20
Flank Lot Line means any lot line other than a front lot line which is also a street line.
2.21
Rear Lot Line means any lot line which is not a front lot line, a flank lot line or a side lot
line.
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Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
6
2.22
Side Lot Line means a lot line which intersects a front lot line or a flank lot line provided
that, if any side lot line or portion thereof is the rear lot line of an abutting lot, such lot line
or portion thereof shall be deemed to be a rear lot line.
2.23
Maintain means to carry out repairs of any part or parts of a swimming pool fence so
that it can properly perform the intended function.
2.24
Natural Grade means the average naturally occurring elevation of ground level within 3
meters (9.84 ft) horizontally of each side of a fence.
2.25
Owner means 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 premise were lent.
2.26
Permit to Construct a Swimming Pool Fence means permission or authorization
required by this By-law and issued by the By-law Enforcement Officer to perform work
regulated by this By-law.
2.27
Person means an individual, firm or corporation.
2.28
Property means a parcel of land and any building or other structure on the land.
2.29
Residential Zone means the area of land designated for residential use as prescribed in
the Zoning By-law.
2.30
Rural Zone means the area of land designated for rural use as prescribed in the Zoning
By-law.
2.31
Self-closing device means a mechanical device or spring, which automatically moves a
gate to its fully closed and latched position after it has been released from an open
position.
2.32
Self-latching device means a mechanical device or latch which automatically engages
and secures a gate in the closed position whenever said gate is closed.
2.33
Sight Triangle means that area lying within the triangle bounded by a line running from
two points located 9 meters (29.52 feet) from the corner of any lot (being the hypotenuse
of the triangle), and the lines from those two points to the same corner of the lot, where
the lot corner is adjacent to an intersection of two or more streets, roads, highways or
public thoroughfares."
2.34
Swimming pool means a privately-owned outdoor body of water, whether above or
below grade, used for any purpose including swimming, wading or bathing, that is
contained in whole or in part by artificial or man-made means and in which the depth of
water can exceed 40 centimeters (15.74 in.) at any point, and includes equipment
commonly known as a pool, a hot tub, a whirlpool and a spa, but does not include any
naturally occurring body of water.
2.35
Swimming pool area means a swimming pool and any surrounding platforms,
walkways, play areas and landscaped areas within a swimming pool fence.
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Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
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2.36
Swimming pool fence means a fence that encloses or results in the enclosure of a
swimming pool.
2.37
Yard means a space, appurtenant to a building, structure or excavation, located on the
same lot as the building, structure or excavation, and which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted.
2.38
Yard - Front means a yard located between the front lot line and the nearest part of any
excavation or main building on the lot and extending across the full width of the lot.
2.39
Yard - Flank means a yard located between a flank lot line and the nearest part of any
excavation or main building on the lot and extending for the full length of such flank lot
line, but excluding any front yard.
2.40
Yard - Rear means a yard located between a rear lot line and the nearest part of any
excavation or main building on the lot and extending for the full length of such rear lot
line, but excluding any front yard or flank yard.
2.41
Yard - Side means a yard located between a side lot line and the nearest part of any
excavation or main building on the lot and extending for the full length of such side lot
line, but excluding any front yard, flank yard or rear yard.
2.42
Zone means an area designated on a Zoning Map Schedule and established by the
Zoning By-law for a specific use.
2.43
Zoning By-law means all current by-laws and amendments thereto and any subsequent
by-laws which may be enacted in substitution therefore under the Planning Act R.S.O.
1990 c.P.13 (as amended) with respect to land use within the City of Temiskaming
Shores.
Part 3
APPLICATION
3.1
Effective Date
This by-law shall apply to all fences constructed or replaced in the City on or after the date of
adoption.
3.2
Pre-existing Swimming Pool Fence
3.2.1 The provisions of this by-law shall not prevent the continued use of an existing legally
constructed swimming pool fence where such fence was enclosing an existing swimming
pool on or before the adoption date of this By-law.
3.2.2 Where an existing legally constructed swimming pool fence was constructed in
accordance with a by-law or regulations that existed on or before the adoption date of
this by-law, the swimming pool fence must be maintained to the standard it was built.
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Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
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3.2.3 Notwithstanding sections 3.2 and 3.3, every door, gate or other closure that forms part of
a swimming pool fence shall meet the requirements of this by-law.
3.2.4 Should an existing swimming pool fence be replaced, the replacement swimming pool
fence shall be constructed in accordance with this by-law.
Part 4
Reserved
Part 5
Regulations
5.1
Fence Permit Required
Except in the case of a swimming pool fence, no permit is required pursuant to this by-law for
the construction of a fence.
5.2
Compliance with Requirements
5.2.1 No person shall construct a fence that does not comply with the requirements of this by-
law, except as provided in Section 8 - Exemptions.
5.2.2 Notwithstanding the requirements of Section 5.2.1, the Chief Building Official may permit
a fence to be constructed which does not meet all of the requirements of the Fence By-
law but in his or her professional opinion satisfies the intent of the By-law with respect to
safety, aesthetics, construction materials, and suitability for the property and the
neighbourhood.
5.3
Height and Description of Lawful Fences
5.3.1 No person shall construct a fence that is greater than 2 meters (6.56 feet) in height
above natural grade on or around any property in all zones.
5.3.2 No person shall construct a fence in a residential zone that is greater than 1.0 meter
(3.28 feet) in height above natural grade within any required front yard or flank yard as
prescribed in the Zoning by-law.
5.3.3 Notwithstanding the requirements of Section 5.3.1 and 5.3.2, the maximum height of a
fence above natural grade does not apply in an industrial or institutional zone or on any
property in any zone where the fence is constructed to surround a public utility
installation for the generation and distribution of electricity, a pipeline valve, storage site
for chemicals and explosives, sludge pit of other property used for similar or related
purposes or other locations where there is a risk to the public as determined by the By-
law Enforcement Officer.
5.3.4 A fence of chain link construction where permitted under Section 5.3.3 shall Comprise of
chain link with diamond mesh of not greater than 38 millimeters (1.5 inches), consisting
of 12 gauge galvanized steel wire or 14 gauge galvanized steel wire covered with vinyl
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
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or another coating that is acceptable to the By-law Enforcement Officer which forms a
total thickness equivalent to 12 gauge galvanized steel wire.
5.4
Sight Triangle
Notwithstanding Section 5.3.1 and except where permitted by Section 5.3.3, no person shall
construct a fence within the sight triangle that is greater than 1.0 metres (3.28 feet) in height.
5.5
Barbed Wire
5.5.1 No person shall construct a fence consisting wholly or partly of barbed wire or other
barbed material in a residential zone or on any boundary line in any zone that adjoins a
property in a residential, institutional or recreational zone.
5.5.2 Notwithstanding Section 5.5.1 a fence constructed in a rural or agricultural zone may
consist partly of barbed wire as described in Appendix "2" of Schedule "A" to this by-law,
'Standards for Boundary Fences in Rural/Agricultural Zones'.
5.5.3 Notwithstanding Section 5.5.1 a person may construct a fence consisting partly of
barbed wire or other barb material on or around an industrial property, public utility
installation for the generation and distribution of electricity, pipeline valve, storage site for
chemicals and explosives, sludge pit of other property used for similar or related
purposes, provided such barbed wire or other barbed material is cantilevered from the
top of such fence in a direction away from adjacent properties, and is at a height of not
less than 1.83 meters (6 feet) above natural grade.
5.6
Electrified Wire
No person shall construct a fence consisting wholly or partly of electrified wire material in a
residential zone or on a boundary line of any property in any zone that adjoins a property in a
residential or institutional zone.
5.7
Page Wire
No person shall construct a fence consisting wholly or partly of page wire material in a
residential zone or on a boundary line of any property in any zone that adjoins a property in a
residential or institutional zone.
5.8
Requirements for a Boundary Fence in a Rural / Agricultural Zone
Every boundary fence constructed in a rural/agricultural zone, shall comply with the standards
for boundary fences in rural/agricultural zones set out in Appendix "2" of Schedule "A" to this by-
law, 'Standards for Boundary Fences in Rural/Agricultural Zones'.
5.9
Requirement for a Swimming Pool Fence
5.9.1 The requirements of this by-law with respect to swimming pool fences apply equally to
both in-ground and above-ground swimming pools.
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Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
10
5.9.2 No person shall construct or install a swimming pool, or cause the construction or
installation of a swimming pool unless he or she has first obtained a permit to construct a
swimming pool fence in accordance with section 6.1.
5.9.3 No person shall place, cause or permit water to be placed or remain in a swimming pool
unless a fence that complies with the standards for a permanent swimming pool fence
set out in Appendix "1" of Schedule "A" to this by-law, has been constructed, and unless
the fence in a good state of repair.
5.9.4 Every person, before constructing a swimming pool, shall enclose the area with a fence
that complies with the standards for a temporary swimming pool fence set out in
Appendix "1" of Schedule "A" to this by-law.
5.9.5 Section 5.8.4 does not apply to a person who has constructed a fence that complies with
the standards for a permanent swimming pool fence set out in Appendix "1" of Schedule
"A" to this by-law.
5.9.6 A hot tub, whirlpool or spa installed entirely above ground and equipped with a pre-
fabricated, rigid, lockable cover may be accepted as a swimming pool fence subject to
approval of an application for permit to construct a swimming pool fence submitted in
accordance with section 6.
5.9.7 Every owner of a privately-owned hot tub, whirlpool or spa, as the case may be, shall
keep the hot tub, whirlpool or spa, as the case may be, covered and locked at all times
to prevent unauthorized access when a responsible person is not present and
supervising the hot tub, whirlpool or spa.
Part 6
Permits and Approvals
6.1
Requirement for a Swimming Pool Fence Permit
No person shall commence or carry out the erection, construction, placing, structural alteration
or relocation of a swimming pool fence without first obtaining a Permit to Construct a Swimming
Pool Fence pursuant to this By-law.
6.2
Application for a Swimming Pool Fence Permit
6.2.1 Applications for a Permit To Construct A Swimming Pool Fence shall be submitted to the
By-Law Enforcement Officer and to be considered complete shall include or have
attached thereto the following:
a) The name, address and telephone number of the person making the application;
b) The name of owner of the property on which the swimming pool fence is to be
constructed;
c) The name of the person constructing the swimming pool fence;
d) The street address and legal description of the lot on which swimming pool fence is
to be constructed;
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Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
11
e) A site plan of the lot showing accurate placement thereon of the proposed swimming
pool fence;
f) Detailed drawings and specifications sufficient to allow the Bylaw Enforcement
Officer to determine if the proposed fence will be in conformance with this bylaw;
g) Such other information as may require to determine full compliance with this, and
other applicable law; and
h) Payment to the City of Temiskaming Shores of fees as set out in Appendix "5" of
Schedule "A" to this by-law.
6.2.2 Upon receiving a complete application for a Permit to Construct a Swimming Pool
Fence, the By-law Enforcement Officer shall examine the application and where the
proposed construction would be in conformance with the requirements of this By-law and
other applicable law, he/she shall issue a Permit to Construct a Swimming Pool Fence.
6.3
Revocation of Swimming Pool Fence Permit
6.3.1 If the work authorized under a Permit to Construct a Swimming Pool Fence has not been
substantially completed within 90 days after the date of issuance, the Permit to
Construct a Swimming Pool Fence may be revoked by written notice from the By-law
Enforcement Officer.
6.3.2 Where a Permit to Construct a Swimming Pool Fence has been revoked under Sec 6.2
no refund of fees shall be made.
Part 7
Line Fences Act
7.1
Line Fences Act shall apply
The provisions of the Line Fences Act, R.S.O. 1990, c. L. 19, as amended, shall apply to all
fences within the municipality.
Part 8
Exemptions
8.1
Public Property
8.1.1 The requirements of this by-law with respect to the height of a fence do not apply to
fence on or surrounding City property.
8.1.2 The requirements of this by-law with respect to swimming pool fences do not apply to a
swimming pool that is owned by a government or other public agency.
8.2
Pre-Existing Fences
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Schedule "A" to
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By-law No. 2013-183
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8.2.1 The requirements of this by-law do not apply to a fence that was constructed lawfully
prior to the day on which this by-law came into force.
8.2.2 Notwithstanding Section 8.2, the requirements of this by-law shall apply when any
change to a fence is made after the day on which this by-law came into force.
8.2.3 Notwithstanding Section 8.2, the requirements of this by-law with respect to swimming
pool fences shall apply to an existing fence whose purpose changes as a result of a
swimming pool being installed or constructed after the day on which this by-law came
into force.
8.3
Agricultural Fences
The requirements of this by-law with respect to the height of fence do not apply to a fence in
agricultural or rural zones that is necessary for the raising of certain types of animals or for
another agricultural purpose.
8.4
Protective Fencing
The requirements of this by-law with respect to the height of a fence do not apply to a fence
constructed for the purpose of protecting the public from the danger of flying or falling objects
including baseballs or golf balls.
Part 9
Administration and Penalty
9.1
Offence - Penalty
9.1.1 No person shall erect, construct, rebuild, reconstruct, alter, maintain or move or cause,
suffer or permit the erecting, construction, rebuilding, reconstructing, altering,
maintaining or moving of any fence contrary to the provisions of this By-law.
9.1.2 Every Person who contravenes any section of this By-law is, upon conviction, guilty of
an offence and subject to a penalty as provided under the Provincial Offences Act.
9.2
Continuation - New Offence
Each new day of a continuing offence will be considered a new offence.
9.3
Continuation - Repetition - Prohibited - By Order
The Court in which 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 and enacted
as such.
9.4
Authority to Remedy
City of Temiskaming Shores
Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
13
9.4.1 Where, the owner of a property upon which a swimming pool has been installed,
constructed or erected, fails to construct a swimming pool fence, or fails to maintain an
existing swimming pool fence, the By-law Enforcement Officer may at the expense of the
owner undertake such work as is required to remedy the default on an emergency basis.
9.4.2 The City may recover the expenses incurred pursuant to section 9.4.1 hereof by action
or in like manner as municipal taxes.
Part 10
Validity
10.1
Validity
It is declared that notwithstanding that any section or sections of this by-law, or parts thereof,
may be found by any court of law to be bad or illegal or beyond the power of the Council to
enact, such section or sections or parts thereof shall be deemed to be severable and that all
other sections or parts of this by-law are separate and independent from each other and
enacted as such.
City of Temiskaming Shores
Appendix 1 to Schedule "A" to
Fence By-law -OC
By-law No. 2013-183
Appendix 01
Standards to Construct a Swimming Pool Fence
1. Temporary Pool Fences
1.1
A temporary swimming pool fence shall be 1.21 meters (4 feet) in height above
natural grade.
1.2
It shall consist of vertical wood lath and shall not have any opening which will allow
the passage of a spherical object having a diameter of more than 10.1cm (4 inches),
or of plastic mesh with a mesh not greater than 3.8 cm (1.5 inches) or a fence of
chain link constructions which shall comprise of chain link with a diamond mesh not
greater than 3.8 cm (1.5 inches), consisting of 12 gauge galvanized steel wire or 14
gauge steel wire covered with vinyl or another plastic acceptable to the By-law
Enforcement Officer which forms a total thickness equivalent to 12 gauge galvanized
wire
1.3
It shall have steel T-bar posts at intervals of not more than 3.04 meters (10 feet).
1.4
It shall have a 9 gauge galvanized steel or vinyl coated wire at both the top and the
bottom.
1.5
It shall be permitted only during the construction of a swimming pool and shall be
replaced with a permanent swimming pool fence that complies with the requirements
of this by-law prior to filling of the pool.
2. Permanent Swimming Pool Fences
2.1
Height
a) A swimming pool fence shall be a minimum of 1.52 meters (5 feet) in height,
measured from grade, at any point along the exterior face of the fence.
b) A space of not more than 10.1 cm (4 inches) shall be permitted at any point between
the bottom of a swimming pool fence and grade.
c) No swimming pool fence shall be located closer than 1.21 meters (4 feet) to anything
adjacent to the exterior face of the fence that could facilitate climbing of the
swimming pool fence unless measures are implemented to provide a level of safety
equivalent to that provided by the standards established in this bylaw.
2.2
Aids to Climbing
No member or component of a swimming pool fence that could facilitate climbing shall be
located at any point along the exterior face of the swimming pool fence between 10.1 cm (4
inches) and 914 cm (3 feet) above grade.
2.3
Gates and Entrances
a) Every gate that forms part of a swimming pool fence shall comply with the height
requirements set out in section 2.1 of this Appendix and with the standards for that
type of fence established in this Appendix.
b) Every gate that forms part of a swimming pool fence shall be supported on
substantial hinges, be equipped with a self-closing device and be equipped with a
self-latching device located a minimum of 1.52 meters (5 feet) above grade.
City of Temiskaming Shores
Appendix 1 to Schedule "A" to
Fence By-law -OC
By-law No. 2013-183
c) The owner of every swimming pool shall ensure that all entrances to the swimming
pool area, including gates, and windows and doors in a wall of any building that
forms part of the swimming pool fence are secured in the closed position at all times
except when a responsible adult is supervising the use of the swimming pool.
d) Where a wall or portion of a wall of any building that is located on the same property
as a swimming pool forms part of the swimming pool fence, no entrance to the
swimming pool area shall be permitted through that wall unless the wall is located no
closer than 1.21 meters (4 feet) from the nearest inside wetted surface of the
swimming pool.
3. Permitted Types of Fences
3.1
A permanent swimming pool fence shall be of: (a) chain link, (b) vertical board, (c) the
wall of a building (d) other material and construction that in the opinion of the By-law
Enforcement Officer, provides an equivalent degree of safety, or (e) a combination of
(a), (b) (c) and (d).
3.2
Regardless of the type of fence, every swimming pool fence that is constructed shall
comply with the general standards for swimming pool fences established in sections
2.1 to 2.8 of this Appendix and with specific standards for that type of fence
established in sections 3.3 to 3.18 of this Appendix.
3.3
Chain Link Fence
a) A fence of chain link constructions shall comprise of chain link with a diamond mesh
not greater than 3.8 cm (1.5 inches), consisting of 12 gauge galvanized steel wire or
14 gauge steel wire covered with vinyl or another plastic which forms a total
thickness equivalent to 12 gauge galvanized wire.
b) A fence shall have galvanized steel support posts spaced at intervals of not more
than 3.04 meters (10 feet).
c) In the case of a fence that is required to be 1.52 meters (5 feet) in height, the support
posts shall be securely embedded in the ground and shall extend at least 76 cm (2.5
feet) below grade.
d) The end and corner post shall be a minimum of 4.75 cm (1.875 inches) in diameter.
e) The intermediate posts shall be a minimum of 3.8 cm (1.5 inches) in diameter.
f) A fence shall have a horizontal top rail of galvanized or vinyl coated steel which shall
be a minimum of 3.17 cm (1.25 inches) in diameter.
g) A fence shall have a horizontal bottom rail of galvanized or vinyl coated steel which
shall be a minimum of 3.17 cm (1.25 inches) in diameter.
h) A minimum 9 gauge vinyl coated galvanized steel tension cable may be substituted
for the horizontal bottom rail specified in section 3.9.
3.4
Vertical Board Fence
a) A fence of vertical board construction shall have vertical boarding of not less that
2.54 cm by 10.1 cm (1 inch by 4 inch), nominal dimensions, attached to a top and
bottom rail, and the space between vertical boards shall not have any openings
which will allow the passage of a spherical object having a diameter of more than
10.1 cm (4 inches).
City of Temiskaming Shores
Appendix 1 to Schedule "A" to
Fence By-law -OC
By-law No. 2013-183
b) A fence shall have a top and bottom rail of not less the 5.08 cm by 10.1 cm (2 by 4
inches), nominal dimensions.
c) A fence shall be supported by posts of not less than 10.1 by 10.1h cm (4 inch by 4
inch) nominal dimensions, spaced at intervals of not more than 2.43 meters (8 feet).
d) In the case of a fence that is required to be 1.52 meters (5 feet) in height, the support
posts shall be securely embedded in the ground and shall extend at least .91 meters
(3 feet) below grade.
e) The portion of the posts below grade shall be of pressure treated wood or shall be
treated with a wood preservative that will prevent the material from decay.
3.5
Other Types of Fences
a) A swimming pool fence constructed of other material, including retaining walls and
deck guards, shall be constructed in compliance with the standards in the Appendix
that apply to a vertical board fence.
b) In addition to conforming to this bylaw, guards on decks that form part of a required
swimming pool fence shall be constructed in conformance with the Building Code Act
and the Building By-law.
3.6
Combination Fences
a) A swimming pool fence that is constructed of a combination of chain link, vertical
boarding and any other material shall be constructed in compliance with the specific
standards for that type of material established in this Appendix.
City of Temiskaming Shores
Appendix 2 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
Appendix 2
Standards for Boundary Fences in Rural Agricultural Zones
1. Fences being reconstructed, repaired or maintained
1.1
The fence shall be of 8 strand 1.28 meter (42 in) high page wire, minimum 9 ¾ gauge
design with a top and bottom strand of barbed wire spaced no more than 15.2 cm (6
inches) from the page wire to ensure a minimum height of 1.52 meters (5 feet) from
grade.
1.2
The page wire shall have no open space greater than 645 square cm (100 sq in).
1.3
The page and barbed wire shall be suspended from wooden line posts having a
diameter of not less than 15.2 cm (6 inches) at the top if made of cedar or 10.1 cm (4
inches) at the top if made of pressure treated lumber.
1.4
The page and barbed wire shall be stapled at each post, with minimum #9 gauge
galvanized wire barbed fence staples, a minimum of 2.5 centimetres (1 inch) in
length, securing each horizontal strand to the post.
1.5
Line posts shall be 2.43 meters (8 feet) in length and securely embedded in the
ground approximately 9.14 cm (3 feet) below grade leaving approximately 1.27
meters (5 feet) exposed above ground.
1.6
Line post shall be spaced not more than 4.87 meters (16 feet) apart.
1.7
Brace and corner post shall be not less the 20.3 cm (8 inches) in diameter at the top if
of cedar or 15.2 cm (6 inches) if of pressure treated lumber.
1.8
Brace and corner post shall be not less than .91 meter (3 feet) in the ground.
1.9
A single brace shall be made at the end of a fence or at each side of a gate, and a
double brace shall be installed at no more than 396 meters (1300 foot) intervals along
the fence line.
1.10 Corners shall be braced two ways and shall be braced to a second post at a distance
of not more than 2.43 meters (8 feet.).
1.11 Page wire may be supplemented with the addition of barbed wire with strands at 20.3
cm (8 inches) on center under the page wire to adjust for height when topography is
adverse.
City of Temiskaming Shores
Appendix 3 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
Community Growth and Planning
325 Farr Drive, P.O. Box 2050
Haileybury, ON P0J 1K0
705) 672-3363
APPLICATION TO CONSTRUCT A SWIMMING POOL FENCE
For use by Principal Authority
Application number:
Permit number (if different):
Date received:
Roll number:
A. Project information
Building number, street name
Unit number
Lot/con.
Municipality
Postal code
Plan number/other description
Project value est. $
Area of work (m2)
B. Applicant is:
Owner or
Authorized agent of owner
Last name
First name
Corporation or partnership
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone
number
( )
Fax
( )
Cell
number
( )
C. Owner (if different from applicant)
Last name
First name
Corporation or partnership
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone
number
( )
Fax
( )
Cell
number
( )
D. Builder (optional)
Last name
First name
Corporation or partnership (if applicable)
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone
number
( )
Fax
( )
Cell
number
( )
E. Purpose of application
Construction of a Swimming Pool Fence
Replacement of existing Swimming Pool
Fence
Type of Fence
City of Temiskaming Shores
Appendix 3 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
Description of Fence
F. Attachments
i. Attach a site plan illustrating the dimensions of the parcel of land on which it is proposed to erect a
swimming pool fence. Indicate the location and dimensions of all existing fences and buildings, and the
dimensions of the proposed fence. Indicate the use of property (Zoning) and of adjoining properties, and
the location of adjoining highways, roads and pedestrian sidewalks etc.
ii. Attach types and quantities of plans and specifications for the proposed construction that are prescribed
by the fence by-law.
G. Declaration of applicant
I _____________________________________________________________________________certify that:
(print name)
1. The information contained in this application, the attached schedules, plans, specifications, and other
documentation is true to the best of my knowledge.
2. I have authority to bind the corporation or partnership (if applicable).
___________________________ __________________________________________________________
Date Signature of applicant
H. Declaration of owner
I
___________________________________________________________________________certify
that:
(print name)
1. I am the legal owner of the property described on this application, and
2. I have authority to bind the corporation or partnership (if applicable), and
3. I hereby authorize ______________________________ to act as my agent with respect to this
application for a swimming pool fence permit.
___________________________
Date Signature of applicant
The personal information on this permit was collected pursuant to By-law No. 2013-183 and forms part of a public record open to
inspection by any person upon request at the office of the clerk during normal office hours. See the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, c. M.56, s. 14(1) (c).
City of Temiskaming Shores
Appendix 4 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
PERMIT TO CONSTRUCT A SWIMMING POOL FENCE
Community Growth and Planning
325 Farr Drive, PO Box 2050 Permit No.
Haileybury, ON P0J 1K0
(705) 672-3363 Roll No. 5418-
Date Issued
by / mm / dd
Issued by: CITY OF TEMISKAMING SHORES
Issued to (owner's name)
Address
Contractor's Name
Address
Description of Swimming Pool Fence To Be Erected.
Main permitted use of building or Lot
Zone
Street & No.
on the
side, between
Lot No.
Plan No.
Value of Construction
Permit Fee:
Set Backs
Side Yard:
Side Yard:
Front Yard:
Rear Yard:
Note:
The issuance of a Permit to Construct a Swimming Pool Fence under the authority of this
bylaw does not relieve a person of the responsibility of complying with other agency
requirements with respect to swimming pools or the construction of swimming pool
fences.
Remarks:
Issued by:
The personal information on this permit was collected pursuant to By-law No. 2013-183 and
forms part of a public record open to inspection by any person upon request at the office of the
clerk during normal office hours. See the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, c. M.56, s. 14(1) (c).
Notices of Inspections prescribed under Bylaw 2013-183
Substantial completion of the construction of a Swimming Pool Fence
City of Temiskaming Shores
Appendix 5 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
Appendix 5
Fees for a Permit to Construct a Swimming Pool Fence
1.
Fees Payable
The fee for a Permit to Construct a Swimming Pool Fence shall be $7.50 for every $1,000.00 of
the construction value of the swimming pool fence, with a minimum fee of $50.00.
City of Temiskaming Shores
Appendix 6 to Schedule "A" to
Fence By-law - OC
By-law No. 2013-183
Appendix 6
By-law No. 2013-183
Being a by-law to Regulate Fences
Part 1 - Provincial Offences Act
Set Fines
Column 1
Column 2
Column 3
Item
No.
Short Form Wording
Provision
Creating or
Defining Offence
Set Fine
1.
Construct a swimming pool without a valid swimming pool
fence permit.
Sch. A Sec. 5.9.2
$300.00
2.
Place water in a swimming pool without a swimming pool
fence.
Sch. A Sec. 5.9.3
$300.00
3.
Construct a swimming pool without enclosing the area
with a temporary swimming pool fence.
Sch. A Sec. 5.9.4
$300.00
Note:
the penalty provision for the offences listed above is Section 9.12 of By-law No. 2013-
183, a certified copy of which has been filed.