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unofficial consolidation, the official version is held by the municipal clerk.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
1
THE CORPORATION OF THE CITY OF THOROLD
BY-LAW NO. 27- 2008
BEING A BY-LAW REGULATING OUTDOOR SWIMMING POOLS IN THE CITY OF THOROLD.
WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the
municipality may pass by-laws related to the health, safety, and well being of the inhabitants of the
municipality;
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a
municipality to pass by-laws that provide for a system of permits in the regulation of a matter;
AND WHEREAS Subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a municipality may pass by-laws respecting structures, including fences and signs;
AND WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a municipality may pass by-laws imposing fees or charges for services provided or done by or on
behalf of it;
AND WHEREAS the Council of the Corporation of the City of Thorold deems it desirable for the
protection of the public to enact an outdoor swimming pool by-law;
AND WHEREAS the Council of the Corporation of the City of Thorold approved the recommendations
of Report PBS2008-32 at a Special Council meeting held April 15, 2008.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF THOROLD ENACTS AS
FOLLOWS:
SECTION 1
GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This by-law shall be known as the "Pool By-law".
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
2
1.2
DEFINITIONS
1.2.1
In this by-law:
1)
"building code act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
2)
"chief building official" means the Chief Building Official appointed by Council under the
Building Code Act, 1992, S.O. 1992, c.23 as amended, or the person who is appointed to
act in that capacity during his or her absence;
3)
"city" means the Corporation of the City of Thorold or the geographical area of the
municipality, as the context requires;
4)
"erect" means to conduct any actions involved in the erection, installation, construction,
extension or material alteration of a swimming pool enclosure or an outdoor swimming
pool;
5)
"exterior face" means when used in conjunction with a swimming pool enclosure, the side
of the enclosure from which access to the pool is to be prevented;
6)
"ground level" means the natural level of the grade immediately adjacent to the swimming
pool enclosure or side wall of the outdoor swimming pool. Where the ground level is higher
on one side of the swimming pool enclosure, the height of the swimming pool enclosure
shall be measured from the side where the ground level has the greater height;
7)
"highway" means a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
8)
"lot" means any parcel of land which can be alienated or otherwise disposed of separately
and apart from any abutting lands, whether or not such parcel is described in a registered
deed or shown on a registered plan of survey or subdivision;
9)
"lot line" means any boundary of a lot, which may consist of one or more lines, straight,
curved or both;
10)
"lot line, exterior side" means the lot line, on a corner lot, which is a street line and not the
front lot line;
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
3
11)
"lot line, front" means a street line, provided that:
a) where the lot abuts street lines of different lengths, the shorter street line shall be the front
lot line;
b) where the lot abuts street lines of equal length, the street line facing the principal entrance
to the main building shall be the front lot line;
c) where the lot abuts two streets which do not intersect, the street line facing the principal
entrance to the main building shall be the front lot line and the street line opposite shall the
rear lot line.
12)
"lot line, interior side" means a lot line which intersects a front lot line and abuts another
lot;
13)
"lot line, rear" means a lot line joining two side lot lines, other than a front lot line;
14)
" officer" means a Municipal Law Enforcement Officer, a Building Inspector, a Chief
Building Official, or other person appointed or employed by the City for enforcement of by-
laws;
15)
"Ontario building code" means the regulations established through the Building Code Act
and any amendments and/or alterations made under that Act;
16)
"outdoor swimming pool" means any artificial body of water located out of doors, and is
capable of holding a depth of 0.45m [18 in.] 0.6 m [24 in.] of water at any given section, but
does not include:
a) a pond which is maintained for ornamental purposes only;
b) a pond which is used only for agricultural or horticultural purposes, or as a reservoir for
firefighting, or is located in an agricultural zone;
c) naturally occurring streams, lakes, swamps or other natural bodies of water.
17)
"outdoor swimming pool, above ground" means any outdoor swimming pool, other than a
seasonal outdoor swimming pool, that has a portion of the pool wall above ground level;
18)
"outdoor swimming pool, in ground" means any outdoor swimming pool that is
constructed with its pool walls below ground level;
Subsection
16) amended
through By-
law 105-2010
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
4
19)
"outdoor swimming pool, seasonal" means any outdoor swimming pool which is intended
to be removed and stored during the winter months and/or when not in use.
20)
"owner" means a person or corporation who legally owns or controls the property under
consideration;
21)
"permit" means a permit issued by the Chief Building Official certifying approval of plans
for the erection of an outdoor swimming pool and/or a swimming pool enclosure required
by this by-law;
22)
"person" means and includes an individual, firm, corporation, association or partnership
and includes an occupant or an owner of a property;
23)
"private spa" means a hydro-massage pool containing an artificial body of water that is
intended primarily for therapeutic or recreational use of a single dwelling unit that is not
drained, cleaned or refilled before use by each individual and that utilizes hydro-jet
circulation, air induction bubbles, current flow or a combination of them over the majority
of the pool area, but does not include an outdoor swimming pool;
24)
"property" means any grounds, yard or vacant lands;
25)
"street line" means the dividing line between a lot and a highway;
26)
"swimming pool area" means an outdoor swimming pool and includes any surrounding
platforms, walkways, play areas and landscaped areas within the swimming pool
enclosure.
27)
"swimming pool enclosure" means a permanent fence, wall or structure or a combination
thereof, together with any gates or entrances, which completely surround an outdoor
swimming pool;
28)
"temporary enclosure" means an enclosure used temporarily for the purpose of enclosing
an outdoor swimming pool in the course of construction in order to effectively prevent or
restrict access thereto by unauthorized persons, and to prevent any accident or injury to
any person in or on a property;
29)
"yard" means land, other than publicly owned land, around and appurtenant to the whole
or part of a building and used, or capable of being used in connection with the building.
30)
"yard, exterior side" means that area of a lot lying between a building and an exterior side
lot line, and bounded by a front yard and a rear yard;
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
5
31)
"yard, front" means that area of a lot bounded by:
a) the front lot line;
b) the side lot lines; and
c) a horizontal line coinciding with the exterior wall of a building facing the front lot fine,
produced to intersect the side lot lines.
32)
"yard, interior side" means that area of a lot lying between a building and an interior side lot
line, and bounded by a front yard and a rear yard;
33)
"yard, rear'' means that area of a lot bounded by:
a) the rear lot line;
b) the side lot lines; and
c) a horizontal line coinciding with the exterior wall of a building facing the rear lot line,
produced to intersect the side lot lines.
34)
"zone" means an area designated by the City of Thorold Comprehensive Zoning By-Law, as
amended, and established by that by-law for a specific use;
35)
"zone, residential" means a zone in which the use of land, buildings or structures is for the
sleeping or habitation of persons and without limiting the generality of the foregoing, may
include dwellings (detached, semi-detached, multi-unit), apartments and dormitories but
shall not include hospitals or care facilities;
1.3
INTERPRETATION
1.3.1
In this by-law statutory references are to statutes of Ontario and the regulations made
thereunder and shall be deemed to refer to such statutes and regulations as amended,
consolidated, re-enacted and in force from time to time.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
6
1.3.2
In this by-law the numbering system shall be referenced in accordance with the following:
1
section
1.1
subsection
1.1.1
article
1.1.1(1)
sentence
1.1.1(1)(a)
clause
1.1.1(1)(a)(i)
subclause
1.3.3
This by-law shall be read with all changes of gender and number required by the context or
circumstances.
1.4
APPLICATION
1.4.1
The provisions of this by-law shall regulate the location and enclosure of privately owned
outdoor swimming pools and private spas erected on any property within the boundaries of
the City of Thorold.
1.4.2
Notwithstanding article 1.4.1, the provisions of this by-law do not apply to outdoor
swimming pools which are owned by a public or government body.
1.4.3
3 The provisions of this by-law shall apply equally to all types of outdoor swimming pools,
including above ground, in ground and seasonal outdoor swimming pools, unless
otherwise stipulated in this by-law.
1.4.3
Save and except section 3 of this by-law, a private spa need not comply with the remaining
provisions of this by-law, provided that a secure cover of rigid material is placed over the
entire opening to the private spa and is locked in place, in order to prevent access by
unauthorized persons, when the private spa is not in use or under competent supervision.
1.4.4
The provisions of this by-law do not in any way exempt an outdoor swimming pool or private
spa from complying with any and all applicable Federal or Provincial statutes, and
regulations thereunder, or any other Municipal or Regional By-law.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
7
SECTION 2
PERMITS AND INSPECTIONS
2.1
PERMITS
2.1.1
No person shall excavate for or erect, or cause or permit excavation for or erection of, any
outdoor swimming pool and /or swimming pool enclosure without first obtaining a permit
from the Chief Building Official.
2.1.2
An application for permit shall be on forms provided by the City for such purposes and shall
include the following information:
1) the location of the property;
2) a plot plan or plot plans of the lot showing the following information:
a) the location of the outdoor swimming pool;
b) the location of the swimming pool enclosure including the location of any gates
and/or entrances;
c) the location of any associated outdoor swimming pool equipment, such as but not
limited to, pumps, filters and heating equipment; and
d) dimensions from the outdoor swimming pool and any associated equipment to all
lot lines and all other buildings or structures on the lot.
3) a plan or plans illustrating the complete details of the swimming pool enclosure
including:
a) type of construction;
b) materials;
c) height.
2.1.3
The issuance of a permit for any application regarding the erection of any outdoor
swimming pool and/or swimming pool enclosure shall be denied if the erection of the
outdoor swimming pool and/or swimming pool enclosure would be contrary to the
provisions of any By-law of the City of Thorold, or any other applicable law or regulation.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
8
2.1.4
Any deck, structure or accessory building such as, but not limited to, an enclosure for pool
equipment, change houses and storage buildings are not regulated by this by-law and shall
be subject to any and all applicable Municipal or Regional By-laws, or any other applicable
law.
2.1.5
No permit for an outdoor swimming pool and/or swimming pool enclosure shall be issued
unless all applicable fees and applicable deposits, as established by the Council of the
Corporation of the City of Thorold, have been paid in full.
2.1.6
Once a permit has been issued for the erection of a seasonal outdoor swimming pool, the
initial permit shall be sufficient to satisfy the requirements of article 2.1.1 for each
additional erection of the same seasonal swimming pool beyond that of the original
erection. The provisions of article 2.2.2, however, remain in effect and shall be satisfied
prior to the placing of water.
2.2
INSPECTIONS
2.2.1
No person shall place water, or cause water to be placed, in an outdoor swimming pool,
unless the final inspection has been successfully conducted and the installation of the
swimming pool enclosure is approved by the Officer conducting the inspection.
2.2.2
No person shall place water, or cause water to be placed, in a seasonal outdoor swimming
pool, unless the installation inspection has been successfully conducted and the location
of the seasonal outdoor swimming pool and presence of the required swimming pool
enclosure is approved by the Officer conducting the inspection.
2.2.3
The installation inspection required by article 2.2.2 shall be conducted for each erection of
the seasonal outdoor swimming pool. It shall be the responsibility of the owner to schedule
the required inspection with the City for each erection.
2.3
PERMIT FEES AND DEPOSITS
2.3.1
Any fee or security deposit required by or described in this by-law shall be as set out in
Schedule 'A' to this by-law.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
9
SECTION 3
SWIMMING POOL CONSTRUCTION
3.1
LOCATION OF SWIMMING POOLS AND PRIVATE SPAS IN RESIDENTIAL ZONES
'
3.1.1
An outdoor swimming pool or private spa shall not be located within any front yard.
3.1.2
An outdoor swimming pool shall have no interior wall surface located within 1.2m [3.9 ft.]
of:
1) any building or structure supported on a foundation that projects below ground level;
2) any interior side lot line;
3) any exterior side lot line; or
4) any rear lot line.
3.1.3
A private spa shall not be located within 1.2m [3.9 ft.] of:
1) any interior side lot line;
2) any exterior side lot line; or
3) any rear lot line.
3.1.4
All associated outdoor swimming pool or private spa equipment such as, but not limited to,
pumps, filters and heating equipment shall be subject to the provisions of articles 3.1.1
and shall not be located within 1.2m [3.9 ft.] of:
1) any inferior side lot fine;
2) any exterior side lot line; or
3) any rear lot line.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
10
3.2
LOCATION OF SWIMMING POOL - NON-RESIDENTIAL ZONES
3.2.1
An outdoor swimming pool shall not be located within any required front yard or required
exterior side yard as established by the City of Thorold Comprehensive Zoning By-law, as
amended.
3.2.2
An outdoor swimming pool shall have no interior wall surface located within 1.5m [5 ft.] of:
1) any building or structure supported on a foundation that projects below ground level;
2) any interior side lot line; or
3) any rear lot line.
3.2.3
All associated outdoor swimming pool equipment such as, but not limited to, pumps,
filters and heating equipment shall be subject to the provisions of articles 3.2.1 and shall
not be located within 1.5m [5 ft.] of:
1) any interior side lot line; or
2) any rear lot line.
3.3
PLUMBING
3.3.1
Any plumbing connections between the outdoor swimming pool or private spa and any
potable water supply shall be equipped with back flow prevention in accordance with the
Ontario Building Code or any other applicable law.
3.3.2
No overflow or drainage discharge from an outdoor swimming pool or private spa shall be
discharged onto abutting properties, open lands, City property or sanitary sewer, however,
it shall be discharged to a storm sewer or natural drainage course. Where a storm sewer or
natural drainage course is not available, the outdoor swimming pool shall be drained by
mechanical means and transported to a suitable storm sewer outlet or natural drainage
course.
3.3.3
Outdoor swimming pools or private spas being drained, shall not discharge to any storm
sewer or natural drainage course at a rate greater than 300 liters [66 gals] per minute.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
11
3.3.4
Where a lot is not serviced by a sanitary sewer an approval, from the authority having
jurisdiction for administration and enforcement of section 8 of the Ontario Building Code,
shall be obtained prior to the issuance of any permit under subsection 2.1 of this by-law.
3.4
ELECTRICAL
3.4.1
All electrical works conducted in association with the installation of an outdoor swimming
pool or private spa shall be installed in accordance with all applicable electrical codes and
standards.
3.4.2
Any applicable permits and inspections required as a result of the provisions of article
3.4.1 are the responsibility of the owner.
3.4.3
All lighting fixtures or standards shall be arranged, designed and installed so that light from
them is directed downward and deflected away from any adjacent lots and abutting
highways.
SECTION 4
ENCLOSURE CONSTRUCTION AND MAINTENANCE
4.1
GENERAL ENCLOSURE REQUIREMENTS
4.1.1
The owner of any lands on which an outdoor swimming pool is located or erected shall
erect a swimming pool enclosure around the entire swimming pool area, in accordance
with the provisions of this by-law.
4.1.2
The height of a swimming pool enclosure required by this by-law shall be a minimum of
1.5m [5 ft.] in height, as measured from ground level at the exterior face of the enclosure.
4.1.3
The maximum permitted space between the bottom of a swimming pool enclosure and the
ground level is:
1) 50mm (2 in.] where the ground is primarily turf grass or bare earth; and/or
2) 100mm [4 in.] where the ground is primarily concrete or asphalt.
4.1.4
Every swimming pool enclosure shall be constructed in accordance with Subsections 4.2
and 4.3 of this by-law, except as may otherwise be provided in this by-law.
4.1.5
An above ground outdoor swimming pool may have an integrally constructed structure as a
component of the required swimming pool enclosure, provided that the exterior sides of
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
12
the above ground outdoor swimming pool are at least 1.5m [5 ft.] in height, as measured
from the ground level to the top of the pool wall or the top of the integrally constructed
structure.
4.1.6
All swimming pool enclosures shall be designed so that no member, attachment or
opening will facilitate climbing.
4.1.7
The wall of a building may be considered to form a part of a swimming pool enclosure,
provided that:
1) the wall is at least 1.5m [5 ft.] in height, as measured from ground level at the exterior
face of the wall;
2) where any window opening, other than a window located in a dwelling unit, occurs
within the area of the wall forming part of the swimming pool enclosure, such windows
are to be kept securely locked when the pool is not under competent supervision; and
3) where any door providing access directly to a swimming pool area occurs within the
area of the wall forming part of the swimming pool enclosure, such door shall satisfy
the provisions of subsection 3.3.
4.2
FENCES
4.2.1
A fence which forms a swimming pool enclosure, or part thereof, shall be of:
1) chain link construction;
2) vertical board construction;
3) wrought iron construction;
4) masonry construction comprised of brick or concrete block with no opening therein,
except for a gate; or
5) such other materials and construction that will provide an equivalent or greater degree
of safety, as determined by the Chief Building Official.
4.2.2
A fence of chain link construction shall:
1) be constructed of chain link with a wire size of not less than twelve [12] gauge in
thickness when of galvanized steel material, or with a wire size of not less than fourteen
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
13
[14] gauge in thickness when of vinyl or other approved coated steel material which
would form an overall thickness equivalent to twelve [12] gauge galvanized steel wire;
2) have links of a diameter of not more than 50mm [2 in.];
3) be supported by capped minimum 38mm [1.5 in.] diameter galvanized steel posts
spaced not more than 2.4m [7.9 ft.] apart, and placed at least 0.9m [3 ft.] below ground
level;
4) have a top rail of a minimum 32mm [1.25 in.] diameter galvanized steel pipe, securely
fastened to the upright galvanized steel posts;
5) have a bottom support of not less than a nine [9] gauge galvanized steel tension wire
securely fastened to the upright galvanized steel posts.
4.2.3
A fence of wood construction shall:
1) be constructed of a minimum 16mm [0.625 in.] thick boards, placed vertically;
2) have:
a) horizontal members, including top and bottom rails, that are spaced at least 1.2m [3.9
ft.] apart, and vertical boards that are spaced not more than.100mm [4 in.] apart on the
exterior face of the fence; or
b) horizontal members, including top and bottom rails, that are spaced less than 1.2m
[3.9 ft.] apart, and vertical boards that are spaced not more than 50mm [2 in.] apart on
the exterior face of the fence;
3) be supported by solid wood posts of at least 89mm x 89mm [3.5 in. x 3.5 in.], or 89mm
[3.5 in.] in diameter, spaced not greater than 2.4m [7.9 ft.] apart, and placed at least
0.9m (3 ft.] below ground level;
4) have a top and bottom rail of a minimum size of 38mm x 89mm [1.5 in. x 3.5 in.], where
the 89mm (3.5 in.] dimension is in a vertical orientation, securely fastened to the solid
wood posts;
5) have all wood, which is in contact with the ground or to be below ground level, of a
species resistant to decay by moisture or treated with an approved substance to resist
decay.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
14
4.2.4
A fence of wrought iron construction shall:
1) be of sufficient strength to provide an effective swimming pool enclosure;
2) be supported by posts spaced not greater than 2.4m [7.9 ft.] apart, and placed at least
0.9m [3 ft.] below ground level;
3) have:
a) horizontal members, including top and bottom rails, that are spaced at least 1.2m [3.9
ft.] apart, and vertical members that are spaced not more than 100mm [4 in.] apart on
the exterior face of the fence; or
b) horizontal members, including top and bottom rails, that are spaced less than 1.2m
[3.9 ft.] apart, and vertical members that are spaced not more than 50mm [2 in.] apart
on the exterior face of the fence;
4.2.5
Any fence, or portion thereof, constructed using basket weave material, lattice or
horizontal boards within the required portion of any swimming pool enclosure shall be
deemed not in compliance with the requirements of this by-law.
4.2.6
Any fence constructed as a swimming pool enclosure must also be constructed in
accordance with the City of Thorold Fence By-law, as amended.
4.2.7
Any fence which forms a swimming pool enclosure, or part thereof, shall be constructed at
a distance of at least 0.6m [2 ft.] from the interior wall surface of the outdoor swimming
pool.
4.3
GATES AND ENTRANCES
4.3.1
Every gate or entrance is to be kept closed and locked at all times when the
outdoor swimming pool is not under competent supervision.
4.3.2
Every swimming pool enclosure shall allow access to the swimming pool area, other than
through a dwelling unit, by means of one or more gates or entrances.
4.3.3
Gates or entrances which form a part of a swimming pool enclosure shall be:
1) of construction and height equivalent to or greater than that of the swimming pool
enclosure which it forms a part of;
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
15
2) supported on substantial hinges;
3) equipped with self-closing hardware capable of placing the gate or entrance in a
latched position; and
4) equipped with self-latching hardware mounted on the pool side of the gate or entrance.
4.3.4
In addition to the provisions of articles 4.3.1, 4.3.2 and 4.3.3, any door providing access
directly to a swimming pool area, other than a door located in a dwelling unit, shall be:
1) capable of being locked from the pool side of the door; or
2) equipped with hardware mounted on either side of the door, at least 1.5m [4.9 ft.]
above ground level, which deactivates the use of the door from either the pool side or
the exterior face of the door.
4.3.5
Where a double gate forms part of the swimming pool enclosure, one gate shall be capable
of being fixed in a closed and locked position.
4.4
TEMPORARY ENCLOSURES
4.4.1
An outdoor swimming pool, while under construction, shall be completely enclosed by a
temporary enclosure as defined herein, except where the swimming pool enclosure
requirements have be satisfied.
4.4.2
A temporary enclosure shall:
1) consist of a 1.5m [5 ft.] high plastic mesh fence having mesh openings not greater than
50mm [2 in.] and supported by steel T-bar posts located a maximum of 2.4m [7.9 ft.]
apart and with a nine [9] gauge galvanized steel wire located at the top and bottom of
such fence; or
2) be constructed of material that will provide an equivalent or greater degree of safety
and which has been approved by the Chief Building Official.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
16
4.5
MAINTENANCE
4.5.1
The owner of any lands on which an outdoor swimming pool is located or erected shall
maintain a swimming pool enclosure around the entire swimming pool area, in accordance
with the provisions of this by-law.
4.5.2
No person shall place water, or cause water to be placed, in an outdoor swimming pool,
unless the swimming pool enclosure prescribed by this by law is maintained in
accordance with the provisions of this by-law.
4.5.3
Every swimming pool enclosure, and temporary enclosure, shall be maintained in such a
manner and to such an extent as to ensure at all times maximum security and protection
against entry to the outdoor swimming pool by unauthorized persons.
SECTION 5
ADMINISTRATION AND ENFORCEMENT
5.1
ENFORCEMENT
5.1.1
The Chief Building Official or anOfficer may inspect the land for the purpose of determining
whether there is compliance with any provision of this by-law.
5.1.2
Every owner or occupant shall permit the Chief Building Official or an Officer employed by
the City, upon production of identification and for the purpose of the inspection by the City,
to inspect the land for the purpose of article 5.1.1.
5.1.3
Where an owner fails to erect or maintain the swimming pool enclosure, including gates
and entrances, in accordance with the provisions of this by law, or causes or permits
water to either remain or be placed in an outdoor swimming pool which is not enclosed by
a swimming pool enclosure maintained in accordance with this by-law, the Chief Building
Official may immediately, at the expense of the owner.
1) erect or repair the swimming pool enclosure in accordance with the provisions of this
by-law; or
2) remove all water from the outdoor swimming pool until such time as the required
swimming pool enclosure is erected or maintained in accordance with the provisions of
this by-law.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
17
5.1.4
Where an owner fails to erect or maintain a temporary enclosure in accordance with the
provisions of this by-law, the Chief Building Official may immediately, at the expense of the
owner, erect or repair the temporary enclosure in accordance with the provisions of this by-
law.
5.1.5
The City of Thorold may recover the expenses incurred in undertaking the work described in
articles 5.1.3 and 5.1.4 by action or by adding the costs to the tax roll for the property and
collecting them in the same manner as taxes in accordance with Section 446 of the
Municipal Act, 2001, S.O. 2001, c.25, as amended.
5.2
PENALTIES
5.2.1
Every person who contravenes any provision of this by-law shall: is guilty of an offence and
upon conviction is liable to fines as provided for in the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, and as set out in Schedule 'B' to this by-law.
a) when given a Penalty Notice in accordance with the City of Thorold's
Administrative Penalty By-law, be liable to pay to the City an Administrative
Penalty in the amount specified by the Administrative Penalty By-law, for each day
or part of a day on which the contravention continues; or
b) upon conviction be liable to fines as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended.
5.2.2
No person shall hinder or obstruct an Officer, appointed under this by-law or employed to
enforce this by-law, from carrying out an inspection of lands.
5.3
VALIDITY
5.3.1
Should a court of competent jurisdiction declare a part or whole of any provision of this by-
law to be invalid or of no force and effect, the provision or part is deemed severable from
this by-law, and it is the intention of Council that the remainder survive and be applied and
enforced in accordance with its terms to the extent possible under the law so as to protect
the public.
5.3.2
Where a provision of this by-law conflicts with the provision of another by law, Act, or
Regulation in force within the City of Thorold, the provisions that establish the higher
standards to protect the health and safety of persons shall prevail.
Subsection
5.2.1
amended
through By-
law 148-2019
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
18
5.3.3
Notwithstanding the provisions of article 5.3.2, where a provision of this by law conflicts
with the provision of any other City of Thorold By-law relating to fencing, the provisions of
this by-law will prevail as they relate to enclosing outdoor swimming pools, unless
otherwise provided.
5.4
TRANSITION RULES
5.4.1
After the date of the passing of this by-law, those by-laws identified under subsection 6.1
shall apply only to those properties in which an application for permit has been submitted
prior to the date of passing of this by-law, and then only to such properties until such time
as the work permitted under any issued permit for those applications has been completed
SECTION 6
ENACTMENT AND REPEAL
6.1
BY-LAWS TO BE REPEALED
6.1.1
By-law 62-2005 of the Corporation of the City of Thorold and any amendments made
thereto are hereby repealed.
6.2
DATE OF ENACTMENT
6.2.1
This by-law shall come into force and effect on the day after it is passed.
READ A FIRST, SECOND AND THIRD TIME AND FlNALLY PASSED BY COUNCIL THIS 15TH DAY OF APRIL
2008.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
19
Schedule 'A' - Permit Fees and Deposits
By-law 27-2008 Pool By-law
By-law Reference: Subsection 2.3 - Permit fees and Deposits
PERMIT FEES
Every person who erects a privately owned outdoor swimming pool shall pay the following application
fees:
a) each seasonal outdoor swimming pool
$50.00
b) each above ground outdoor swimming pool
$75.00
c) each in ground outdoor swimming pool
$120.00
SECURITY DEPOSIT
Every person who erects a privately owned in ground outdoor swimming pool shall submit the
following deposit with the required application fees:
(a)
each in ground outdoor swimming pool
$500.00
The deposit shall be retained by the City for any repairs required to be conducted on municipal
properties resulting from construction measures taken in the erection of the in ground outdoor
swimming pool. Should any repairs be necessary, the deposit will be drawn upon. Where the value of
repairs exceeds the amount of the deposit submitted, any additional expenses will be recovered in a
similar manner to that described in article 5.1.5 of this by-law. Upon successful closure of the in
ground outdoor swimming pool permit file, the remaining amount of the deposit will be returned to the
applicant and if the deposit was not drawn upon, the full amount will be returned.
The following consolidated by-law is an electronic reproduction made available for convenience and information only.
It is not an official or legal 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 The City of Thorold does not warrant the accuracy of this electronic
version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
20
Schedule 'B' - Penalties
By-law 27-2008 Pool By-law
By-law Reference: Subsection 5.2 - Penalties
DESIGNATED BY-LAW NO. 27-2008 POOL BY-LAW
BY-LAW
REFERENCE
SHORT FORM WORDING
SET
PENALTY
2.1.1.
Erect outdoor swimming pool without obtaining a permit
$500
1.4.3.
Failure to lock cover of private spa
$150
4.4.1.
Failure to erect temporary enclosure
$500
2.2.1.
Placement of water without approval
$200
2.2.2.
Placement of water in seasonal outdoor swimming pool without approval $200
4.5.1.
Failure to maintain swimming pool enclosure in safe condition
$200
4.3.1.
Failure to lock gate or entrance
$150
3.3.2.
Discharge of outdoor swimming pool onto abutting properties
$200
3.3.2.
Discharge of outdoor swimming pool or private spa onto City property
$150
3.3.2.
Discharge of outdoor swimming pool or private spa into sanitary sewer
$300
Penalties Amended
through By-law 17-2022