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Pool Fence By-Law 2003-10
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MUNICIPALITY OF TRENT HILLS
BY-LAW# 2003-10
Being a By-law of the Municipality of Trent Hills
respecting fences around privately owned outdoor swimming pools
WHEREAS the Municipal Act, 2001, S. 0 . 2001, C. 25, Sl 1(2) as af!lended, provides that the
Council of a lower tier municipality may pass by-laws respecting matters within spheres of
jurisdiction;
AND WHEREAS under Section 15(4) specific powers to pass a by-law with respect to fences
around pools is not restricted
NOW THEREFORE the Council of the Corporation of the Municipality of Trent Hills enacts as
follows:
In This By-law:
1. Definitions:
(a.)"Fence" shall mean a barrier constructed of chain link metal, wood, stone, or material
having an equivalent degree of strength;
(b.)"Gate" shall mean a swinging or sliding barrier used to fill or close an access and includes
a door;
(c.)"Swimming Pool" shall mean a privately owned outdoor swimming pool and excludes any
pool, which is designed to have a maximum holding capacity of 61 cm. (24 inches) in
depth or less.
2. Regulations
Every owner of a swimming pool and every owner and lessee of lands upon which a
swimming pool is situated shall enclose and maintain around it a fence and gate or gates in
accordance with the following requirements.
(a) Every fence shall have a minimum height extc.nding from the ground or floor of 1.25
meters, (4 feet)
(b) If the fence is of chain link construction, the fence shall:
(i)
Be constructed of galvanized wire, vinyl coated wire or steel which has a
diameter of not less than 11 gauge and
(ii)
The mesh shall have a diameter no greater than 3.175 cm. ([1 ¼" - one and one-
quarter inches) and;
(iii)
The fence shall be supported by solid posts made of either wood or steel for
support that are placed no more than 3.04 metres (10 feet) apart which are
securely embedded in the ground.
( c) If the fence is of wood or wood type product the fence shall be;
(i)
Constructed so the wood is attached to supporting posts;
(ii)
Supported on solid posts that are not more than 3.04 metres (10 feet) apart and
which are securely embedded in the ground.
(iii)
The posts shall be located on the inside portion of the fence facing the lot of the
property owner responsible for the fence.
( d) If the fence is constructed of steel, the fence shall be constructed in such a manner so that
there is a space of no more than 10 cm. (4 inches) between the vertical posts or any other
opening
(e) No person shall construct or cause to be constn cted any fence around a swimming pool
that consists of barbed wire, barbs, electrical or any other means that may cause injury to
any persons.
(f) Every fence shall have a gate or gates of a minimum height extending from the ground or
floor supported by substantial hinges and equipped with self closing latching devices
placed at the top and on the inside of the gate.
(g) No fence that will facilitate climbing shall be construct around a pool.
Pool Fence By-Law 2003-10
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3. No fence shall be required around a swimming pool where the wall of the swimming pool
extends a minimum of 1.25 meters (4 feet) above the level of the gro~nd abutting the pool.
4. Where access to a swimming pool is provided by means of a portable ladder or ladders, in the
absence of direct adult supervision, such ladder or ladders shall be kept away from the '
swimming pool.
5. Every owner of a swimming pool and every owner or lessee oflands upon which a swimming
pool is situated shall, in the absence of an adult person directly supervising the swimming
pool, keep every gate securely locked.
6. The Chief Building Official and or his representative of the Municipality of Trent Hills shall
enforce this By-law.
7. Enforcement:
Any person who contravenes any of the provisions of this By-law, or who causes or permits
such contravention, is guilty of an offence and shall upon conviction be liable to a fine of not
more than twenty five thousand dollars ($25,000), exclusive of costs, and every such fine is
recoverable under the provisions of the Provincial Offences Act.
8. If any section; clause or provision of this by-law is for any reason declared by a court of
competent jurisdiction to be invalid; the same shall not affect the validity of the by-law as a
whole or any part thereof other than the section, clause or provision so declared to be invalid
and that it is hereby declared to be the intention of council that all the remaining sections,
clauses or provisions of this by-law shall remain in full force and effect until repealed
notwithstanding that one or more provisions of this by-law have been declared invalid.
By-Law 2003-10 introduced and deemed to be read a first, second and third time passed and
properly sealed this I ih day of February, ~003