Swimming Pool Fence By-law 2002-8 (Office Consolidation, Dec 2021)
The Blue Mountains, Ontario
· adopted 2002-01-28
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The Corporation of the Town of The Blue Mountains
By-Law Number 2002 - 8
Including Amending By-law No. 2003-7, 2008-93, 2009-34, 2011-26 & 2021-90
(Office Consolidation)
Whereas Section 210 (30) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, permits a
council of a local municipality to pass a by-law to require owners of privately-owned outdoor
swimming pools to erect and maintain fences and gates around such swimming pools, for
prescribing the height and description of, and the manner of erecting and maintaining, such
fences and gates, for prohibiting persons from placing water in privately- owned outdoor
swimming pools or allowing water to remain therein unless the prescribed fences and gates
have been erected, for requiring the production of plans of all such fences and gates, for the
issuing of a permit certifying approval of such plans without which permit no privately-owned
outdoor swimming pool may be excavated for or erected and for authorizing the refusal of a
permit for any such fences or gates that if erected would be contrary to any by-law of the
municipality.
And Whereas Council of the Town of The Blue Mountains deems it expedient to pass such a by-
law;
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 provides that a council may by by-
law impose fees for services and activities provided or done by or on behalf of The Corporation
of the Town of The Blue Mountains;
And Whereas Council of the Town of The Blue Mountains deems it expedient to impose a fee
for the issuance of a permit for the fences and gates associated with a privately- owned
outdoor swimming pool;
Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as
follows:
Part 1: Short Title
1.1 This By-law may be cited as the "Swimming Pool Fence By-law".
Part 2: Definitions
In this By-law:
2.1 "Chief Building Official" shall mean the person appointed by Council to such position
pursuant to the Building Code Act.
2.2 "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 but shall not include a door from a dwelling on
the same premises as the swimming pool that gives direct access to the swimming pool
area.
2.3 "hydro massage pool" shall include those pools commonly referred to as a hot tub, a
whirlpool, a Jacuzzi or a spa.
2.4 "maintain/maintained" 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.
2.5 "replacement" shall mean the construction of a swimming pool fence that takes the
place of a swimming pool fence previously constructed.
2.6 "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.
2.7 "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.
2.8 "swimming pool" shall mean a structure, basin, chamber or tank containing or capable
of containing water, and is designed to be used for swimming or wading which:
a) has a depth of more than 75 cm (29.5 inches) at any point;
b) has a surface area more than 1.0 square metre (10.8 square feet);
c) is not under the jurisdiction of the Building Code Act and/or the Ontario Building
Code;
d) is not completely inside a building;
e) is not a pond;
f) is not a reservoir to be utilized for farming purposes;
g) excludes hydro massage pools; and,
h) excludes storm water management ponds.
2.9 "swimming pool fence" shall mean a wall, a structure or a building which encloses a
swimming pool where structures include a fence combined with a deck.
2.10 "Town" shall mean the Town of The Blue Mountains.
Part 3: General Provisions
3.1 Administration - Chief Building Official
This by-law shall be administered by the Chief Building Official.
3.2 Application of by-law
This by-law shall apply to all privately-owned outdoor swimming pool fences that have
been constructed, that are to be constructed or that are to be replaced in the Town.
3.3 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 the date of passing of this By-law
provided that the existing swimming pool fence is maintained.
3.4 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 the date of passing of this By-
law, the swimming pool fence may be maintained in accordance with such regulations.
3.5 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.
3.6 Gate - self-closing and self-latching device - required
Notwithstanding Sections 3.3 and 3.4 of this By-law, gates within swimming pool fences
shall be equipped with self-closing and self-latching devices in accordance with the
provisions of Sections 6.9 and 6.10 of this By-law.
Part 4: Prohibitions
4.1 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.
4.2 Swimming pool - not enclosed by a fence
Except as provided in Sections 3.3 and 3.4 of this By-law, no person shall place water in
a privately-owned outdoor swimming pool or allow water to remain therein, unless a
swimming pool fence as prescribed by this By-law has been erected.
4.3 Swimming pool fence - location
No person shall locate a swimming pool fence less than 1.8 metres and more than 10.0
metres from the privately-owned outdoor swimming pool to which it applies.
4.4 No construction - without temporary fencing
No person shall fail to enclose a swimming pool with temporary fencing during
construction.
4.5 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.
4.6 Gate - without self-closing - self-latching device
No person shall fail to equip a swimming pool fence gate with a self-closing device and
a self-latching device.
4.7 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 cm (48 inches) above ground level.
4.8 Storage of materials - against outside of fence
No person shall place or store materials against the outside of a swimming pool fence.
4.9 Fencing - dangerous characteristics prohibited
No part of a swimming pool fence shall consist of barbed wire or possess similar
dangerous characteristics or any device designed for conducting an electric current
through such enclosure.
4.10
Grading - no increase in drainage onto adjacent properties
The installation of any swimming pool or its enclosure shall not alter in any way the
existing grades or drainage pattern(s) of the premises, unless approved by the Town.
The finished grade of the premises after the swimming pool is completed shall not be
such that it causes an increase in drainage onto adjacent properties.
4.11
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.
4.12
Swimming Pool Fence - maintain - in accordance with by-law
No person shall fail to maintain a swimming pool fence except in accordance with this
By-law.
4.13
Exception - Swimming Pool Fence Location - Registered Plans of Subdivision
The provisions of Section 4.3 with respect to the maximum distance permitted for a
swimming pool fence to be located from a privately owned-outdoor swimming pool
shall not apply to lots located within a Registered Plan of Subdivision. (By-law 2003-07)
Part 5: Application for Swimming Pool Fence Permits
5.1 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.
5.2 Application - documentation to accompany - set out
All such applications shall be accompanied by the following:
a) Except as required in subsection (b); Plans showing the location of the proposed
swimming pool including all enclosing swimming pool fences, together with full
details of each entrance and showing the location of all proposed swimming
pool equipment such as filters, slides and heaters; (By-law 2009-34)
b) A grading plan prepared by the Developer's or Owner's Consulting Engineer
where the proposed swimming pool is within a Registered Plan of Subdivision or
Condominium where the grading has not been certified; or where the
Registered Plan of Subdivision has not been assumed and/or the maintenance
period for assumption of the Works by the Town has not expired. The grading
plan shall indicate the location of the proposed swimming pool, all enclosing
swimming pool fences and the proposed finished grade elevations; (By-law
2009-34)
c) A completed Memorandum of Understanding and Indemnity for the Installation
of Private Pools signed by the property owner; (By-law 2009-34)
d) The applicable fee as prescribed in the Town's Fees and Charges By-law; and
e) An undertaking to repair damage to Town property as required by this By-law.
5.3 Permit issue by Chief Building Official - conditions
The Chief Building Official shall issue a permit for a swimming pool fence where the
plans submitted comply with all applicable regulations and where the requirements of
this By-law have been complied with.
Part 6: Swimming Pool Fence Regulations
6.1 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 cm (60 inches).
6.2 Swimming pool fence - location
Every swimming pool fence shall be located not less than 1.8 metres and not more than
10.0 metres from the privately-owned outdoor swimming pool to which it applies.
6.3 Opening - maximum diameter
Except as provided in Section 6.4 of this By-law, every swimming pool fence shall not
have any openings that would allow the passage of a spherical object having a diameter
greater than 3.8 cm (1.5 inches).
6.4 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 m (4 feet) or greater, the openings in the
fence are permitted to be greater than 3.8 cm (1.5 inches) but not greater that which
would allow the passage of a spherical object having a diameter of 10 cm (4 inches).
6.5 Ground Clearance - maximum
Every swimming pool shall be enclosed by a swimming pool fence which has a clearance
from the ground to the under side of the swimming pool fence than would prevent the
passage of a spherical object having a diameter of 10 cm (4 inches).
6.6 Structural members - prevent easy climbing - required
Every swimming pool shall be enclosed by a swimming pool fence which has all its
horizontal structural members located 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 0.6 m (2 feet) apart.
6.7 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.
6.8 Height - measurement - from ground level
The height of the swimming pool fence shall be measured from ground level on the
outside of the enclosure.
6.9 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.
6.10
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 cm (48 inches) above ground level.
6.11
Temporary fence - required - during construction
During all phases of construction, temporary fencing shall be in place such that
unauthorized access is prevented.
6.12
Deck forms part of swimming pool fence
Where a deck forms part of the swimming pool fence, it shall meet all regulations in
Part 6 of this by-law.
6.13
Exception - Swimming Pool Fence Location - Registered Plans of Subdivision
The provisions of Section 6.3 with respect to the maximum distance permitted for a
swimming pool fence to be located from a privately owned-outdoor swimming pool
shall not apply to lots located within a Registered Plan of Subdivision. (By-law 2003-07)
Part 7: Undertaking to Ensure Repair
7.1 Boulevard crossing - by vehicles - deposit - calculation
Every person erecting, altering, repairing or demolishing a swimming pool fence within
the Town of The Blue Mountains who permits the crossing of curbing, sidewalks,
boulevards, etc. within the Town right-of-way by vehicles delivering materials to or
removing materials from abutting lands, shall deposit with the Chief Building Official
upon application for a swimming pool fence permit and prior to the commencement of
any work, a completed undertaking to repair any damage to Town property.
7.2 Debris on streets - prevention - cleaned - by owner
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 Town 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 8: Exceptions
8.1 Notwithstanding any other provision of this By-law, a swimming pool fence is not
required in the following instances:
a) A swimming pool fence is not required where a swimming pool has a height in
excess of 1.2 metres above adjacent grade; has smooth sides; and, where any
ladder, ramp or deck giving access to the swimming pool has a mechanism that
allows for the ladder, ramp or deck to be collapsed when the pool is not in
active use such that the pool surface is not accessible from said ladder, ramp or
deck.
b) A swimming pool fence is not required on that portion of a lot that directly
abuts Nottawasaga Bay, where such land had riparian rights.
c) A swimming pool fence is not required on a lot having a minimum area of 4
hectares (40,000 square metres) and the swimming pool is located a minimum
distance of 200 metres from any adjacent residence or public right-of-way. (By-
law 2008-93)
d) A swimming pool fence enclosure located a maximum distance of 15.5 metres
from the swimming pool edge and partially enclosed by a retaining wall having a
height of 1.8 metres is permitted on the premises known municipally as 95
Napier Street West. (By-law 2011-26)
Part 9: Enforcement
9.1 Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction, guilty of
an offence and is liable to any penalty as provided in the Provincial Offences Act.
9.2 Default - not remedied - done at owner's expense
Where anything required to be done in accordance with this By-law is not done, the
Chief Building Official for The Corporation of the Town of The Blue Mountains
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 such expense
may be recovered by action or in like manner as municipal taxes.
Part 10: Repeal
10.1
By-Law No. 16-1982 of the former Town of Thornbury is hereby repealed.
Part 11: Enactment
11.1
Effective date
This by-law comes into force on the date on which it is passed by the Council of the
Town of The Blue Mountains.
And Further that this By-law shall come into force and take effect upon the enactment thereof.
Read a first and second time this 28 day of January, 2002.
Read a third time and passed this 28 day of January, 2002.
___________________________
Ross Arthur, Mayor
__________________________
Stephen Keast, Clerk