By-law 96-111 - Fencing Around Private Outdoor Swimming Pools
Tiny, Ontario
· adopted 1996-12-09
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Being a By-law to require the erection and maintenance
of fences and gates around private outdoor
swimming pools in the Township of Tiny
and to repeal By-law 22-87
WHEREAS Section 210(30) of the Municipal Act, R.S .O . 1990, c. M.45, as
amended, authorizes the council of a local municipality to pass a by-law to
require the erection and maintenance of fences and gates around private
outdoor swimming pools sufficient to make such pools not readily accessible
to small children ;
NOW THEREFORE the Corporation of the Township of Tiny hereby ENACTS
AS FOLLOWS:
1 .
Definitions
In this by-law :
THE CORPORATION OF THE TOWNSHIP OF TINY
BY-LAW NUMBER 96-111
(Formerly Bill #T403)
1 .1
"Enclosure" means a fence, wall or other structure, including doors and
gates, surrounding a privately owned outdoor swimming pool to restrict access
thereto .
1 .2 "Owner" includes a person in possession of the property on which the
swimming pool is located .
1 .3 "Privately owned outdoor swimming pool" means any body of water
located outdoors on privately owned property, contained in whole by artificial
means, in which the depth of the water at any point can exceed sixty (60)
centimeters (24 inches), and used, or capable of being used for swimming and
shall include spas and hot tubs .
2 .
No person shall erect a fence or gate for a privately owned outdoor
swimming pool until plans for such fences and gates have been submitted to
the Township of Tiny and a permit certifying approval of such plans has been
issued .
3 .
No person shall excavate for or erect a privately owned outdoor
swimming pool without a permit .
4 .
No person shall place water in a privately owned outdoor swimming pool,
or allow water to remain therein, unless the enclosure prescribed by this by-
law has been erected .
5 .
Every owner of a privately owned outdoor swimming pool shall ensure
that any enclosure complies with every requirement in this by-law .
6.
Enclosures
6.1 Every enclosure shall be erected and maintained to surround the entire
swimming pool area and shall be sufficient to make such body of water not
readily accessible to small children .
6.2 The enclosure, including gates therein, shall extend from the ground to a
height, measured on the outside of the enclosure, of not less than 1 .2 metres
(4 feet) .
6.3 The enclosure shall be constructed to prevent a spherical object having a
diameter of ten (10) centimetres (4 inches) from passing through or under
such enclosure .
6.4 When a wall of a building forms part of such enclosure, no main entrance
to the building shall be located within the swimming pool area enclosure .
6.5 The enclosure shall have no rails or other horizontal or diagonal bracing or
attachments on the outside that would facilitate climbing .
6.6 A fence or its equivalent forming part of such enclosure shall be of
vertically boarded wood construction, chain link construction, or other
materials and construction as provided for :
6.6 .1
If chain link construction shall :
6.6 .1 .1
be of not greater than five (5) centimetres (2 inches) diamond
mesh ; and
6.6 .1 .2
be constructed of galvanized steel wire not less than No . 12
gauge, or minimum No . 14 gauge steel wire covered with a
vinyl or other approved coating, forming a total thickness
equivalent to No . 12 gauge galvanized wire ; and
6.6 .1 .3
be supported by at least 3.8 centimetres (1 1/2 inches)
diameter galvanized steel posts each embedded in concrete to a
minimum depth of 1 .2 metres (4 feet) below grade, such posts
to be spaced no more than three (3) metres (10 feet) apart .
Top and bottom horizontal rails shall be 3.8 centimetres (1 1/2
inches) minimum diameter galvanized steel, except that a
minimum No . 9 gauge galvanized steel wire may be substituted
for the bottom horizontal steel rail . A vinyl or other approved
coating may be substituted for the galvanized coating .
6.6.2
If of wood construction shall :
6.6 .2.1
have vertical boarding attached to supporting members all of
which are arranged in such a manner so as not to facilitate
climbing from the outside . Such vertical boards shall be not
less than 2.5 centimetres (1 inch) by ten (10) centimetres (4
inches) nominal dimensions spaced not more than five (5)
centimetres (2 inches) apart; and
6.6 .2.2
be supported by minimum of ten (10) centimetres (4 inches)
square or ten (10) centimetres (4 inches) diameter cedar posts,
nominal dimensions, spaced not more than 2.4 metres (8 feet)
on centres embedded in concrete to a minimum of 1 .2 metres
(4 feet) below grade . That portion of the wood post below
grade shall be treated with a wood preservative . Top and
bottom horizontal rails shall be provided of wood, five (5)
centimetres (2 inches) by ten (10) centimetres (4 inches)
minimum nominal dimensions .
6.6 .3
Shall not include barbed wire, devices for projecting an electric
current through the fence, or devices having similar dangerous characteristics .
6.6 .4
Shall be located not less than 1 .2 metres (4 feet) from the swimming
pool unless :
6.6 .4.1
the required height of said fence as prescribed in this by-law is
increased to 1 .8 metres (6 feet) ; and
6.6 .4.2
regardless of the height of the fence it shall not be closer than
1 .2 metres (4 feet) to any condition on the property that would
contribute to the lessening of these minimum safety
requirements by facilitating the climbing of swimming pool
fence .
6.6 .5
May be of construction other than that specified providing that an
equivalent degree of safety is maintained and shall be constructed so that the
rigidity is equal to that specified for those fences described in this by-law to
prevent a spherical object having a diameter of ten (10) centimetres (4 inches)
from passing through or under such enclosure .
7 .
Gates forming part of such enclosure shall :
7.1 be of construction and height equivalent to that required for the fence ;
and
7.2 be supported on substantial hinges ; and
7.3 be self closing and equipped with a locking device placed at the top and
inside of the gate so that the device latches when the gate is in the closed
position .
8 .
The owner of every privately owned outdoor swimming pool shall ensure
that every gate required by this by-law be equipped with a locking device and
kept locked at all times if a responsible person is not present .
9 .
The permit fee shall be as set out in the Township's fee schedule by-law,
as amended .
10 .
Every person who contravenes any of the provisions of this by-law is
guilty of an offence and upon conviction is liable to a fine as provided for in
the Provincial Offences Act, R.S .O . 1990, as amended .
11
.
By-law 22-87 is hereby repealed .
BY-LAW PASSED THIS 9th day of December, 1996 .
THE CORPORATION OF THE TOWNSHIP OF TINY
ADMINISTRATOR/CLERK, Vicki Robertson