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By-law No.1164-24
SWIMMING POOL BY-LAW
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Table of Contents
DEFINITIONS ................................................................................................................. 4
GENERAL REGULATIONS ............................................................................................ 6
PERMIT REQUIREMENT ............................................................................................... 6
APPLICATION FOR PERMIT ......................................................................................... 7
ENCLOSURE .................................................................................................................. 8
GATES ............................................................................................................................ 9
MOTORS, FILTERS & OTHER MECHANICAL EQUIPMENT ..................................... 10
DECKS .......................................................................................................................... 10
LOCATION OF THE POOL OR SPA ............................................................................ 11
SETBACK FROM THE SEPTIC TREATMENT UNIT ................................................... 11
DRAINAGE ................................................................................................................... 11
TRANSITION ................................................................................................................ 12
ENFORCEMENT........................................................................................................... 12
RIGHT OF ENTRY ........................................................................................................ 12
OFFENCE ..................................................................................................................... 13
PENALTIES .................................................................................................................. 13
SEVERABILITY ............................................................................................................ 13
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THE CORPORATION OF THE TOWNSHIP OF VAL RITA-HARTY
BY-LAW NO.1164-24
Being a by-law to regulate the installation of swimming pools, spas, and other artificial
ponds
WHEREAS Section 10 (2) (6) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended authorizes Council to pass by-laws concerning health, safety, and well-being of
persons;
AND WHEREAS Section 10 (2) (10) of the Municipal Act, 2001, S.O. 2001, Chapter 25,
as amended authorizes Council to pass by-laws concerning structures including fences;
AND WHEREAS the Council of the Corporation of the Township of Val Rita-Harty deems
it necessary to require fences and gates to be maintained around pools, spas, or any
other artificial ponds;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
VAL RITA-HARTY ENACTS AS FOLLOWS:
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PART 1
DEFINITIONS
1.1. In this by-law, except where a contrary in tension appears, the following words
have the following meaning:
a. "Council" means the elected member of the Council of the Corporation of
the Township of Val Rita-Harty;
b. "Enclosure" means any combination of fence, wall, or other structure,
including doors and gates, surrounding a pool, spa, or other pool of water
to restrict access thereto. For the purpose of this by-law, a cedar hedge or
any other organic material shall not be considered as part of an enclosure;
c. "Fence" means a vertical barrier constructed of chain-link, wood, fiberglass,
stone, metal, or other material to enclose an area. For the purpose of this
by-law, a cedar hedge or any other organic material shall not be considered
as part of a fence;
d. "Gate" means a part of a fence that is removable, swinging, sliding or
otherwise used as a barrier to block or close an access;
e. "Hot Tub" see definition of Spa;
f. "Inflatable Swimming Pool" means a private swimming pool with a depth of
water of more than 18 inches (457.2 mm) which the exterior walls are not
rigid;
g. "Municipal Law Enforcement Officer" means a Municipal Law enforcement
Officer appointed by the Corporation of the Township of Val Rita-Harty to
enforce municipal by-laws;
h. "Owner" means the registered owner of a property, a lessee, a tenant,
mortgagee in possession or person otherwise in charge of any property,
acting as the authorized agent of the owner;
i. "Permit" means a permission or authorization in writing from the Building
and By-law Services Department to erect or install a pool, spa, or other pool
of water on a private property;
j. "Pool" see definition of swimming pool;
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k. "Self-Closing" means a self-closing hinge, or any other type of
manufactured device designed to pull a door/gate shut after it has been
opened and released;
l. "Self-Latching Device" means 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 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;
m. "Spa" means a hot tub of varied forms, provided with hydro-jets and holes
by which escapes compressed air or water, the water of which his warmed
and in movement;
n. "Swimming Pool" shall men any privately owned body of water which is
contained wholly or in part by artificial means but shall not include any
swimming pool that has a holding capacity of 18 inches of water or less in
depth, or any pit or quarry contained within a mineral extractive zone, or any
body of water created within a agricultural zone for the purpose of providing
water to livestock or for irrigation of crops, or any storm water management
facility approved by the Town which is constructed or designed to contain
storm water run-off from urban areas;
o. "Township of Val Rita-Harty" means the Corporation of the Township of Val
Rita-Harty.
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PART 2
GENERAL REGULATIONS
2.1. Every owner of a privately-owned outdoor pool or spa shall ensure that the
enclosure around such pool is constructed and maintained according to the
provision of this by-law.
2.2. No person shall place water in a pool or spa in the Township of Val Rita-Harty
unless the prescribed enclosure has been erected in accordance with the
provisions of this by-law.
2.3. No person shall allow water to remain in a pool or spa in the Township of Val
Rita-Harty unless prescribed enclosure has been erected in accordance with
the provisions of this by-law.
2.4. No person shall drain the water from a swimming pool or spa in a manner that
would permit or cause water to drain directly onto adjacent properties.
2.5. No person shall install swimming pool or spa components or do electrical
connections prior to obtaining a permit from the Electrical Safety Authority.
2.6. No swimming pool or spa or any of its components including walkways,
supporting structures, decking or concrete, shall encroach upon any swale on
any lot.
PART 3
PERMIT REQUIREMENT
3.1. No person shall excavate for, install, construct, or place a pool or spa in the
Township of Val Rita-Harty without first obtaining a permit to do so.
3.2. Despite Section 3.1., a permit is not required in the case of a swimming pool or
spa which has been dismantled and is being reconstructed in the same position,
manner, and size in which it was previously located provided that:
a. A permit was obtained for the original installation, and
b. The reinstallation meets the requirements of all currently applicable by-
laws.
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PART 4
APPLICATION FOR PERMIT
4.1. To obtain a permit, the owner shall file an application in writing by completing
the prescribed application at the Township of Val Rita-Harty's By-law Services
Department.
4.2. Except as otherwise permitted by the By-law Services Department, every
applicant shall:
a. Identify and describe in detail the work to be covered by the permit for which
an application is made,
b. Describe the land on which the pool or spa is to be located by a description
that will readily identify and locate the building lot,
c. Be accompanied by a plan showing detail of the enclosure as well as the
exact location of the pool and any equipment listed in Section 7.1 of this by-
law in relationship to the lot lines, buildings, and fences. If during the
erection of the pool or spa the location differs from the original submitted
plan, a new plan shall be submitted,
d. Be accompanied by the fee as prescribed in the Township of Val Rita-Harty
fee book, as amended.
e. State the names, addresses and telephone numbers of the owner of the
property and the contractor performing the work.
4.3. A permit that has not been completed or that did not have final inspection of the
works within 1 year of its purchase shall be deemed invalid and the owner shall
not be entitled to a refund. Furthermore, an application for a new permit shall be
made by the owner.
a. The owner shall be responsible for the cost of the new permit,
b. The owner shall make an appointment with the By-law Services Department
within 1 year of the date of the issuance of the permit to have the property
inspected for compliance,
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c. If during the inspection, it is determined that sections of this by-law are not
complied with, the owner shall make the necessary modification within the
prescribed time given by the By-law Services Department,
d. If a re-inspection of the property is required, the owner shall be responsible
to pay the re-inspection fees prescribed in the Township of Val Rita-Harty
fee book,
e. When it is determined that a property complies with the provisions of this
by-law, the By-law Services Department shall send a letter of compliance
to the owner.
PART 5
ENCLOSURE
5.1. No person shall install or cause to be installed a pool or spa which is not
completely enclosed by an approved enclosure, in accordance with the
following:
a. Any pool that is less than 4 ft. (1.2 metres) in height shall be enclosed with
a minimum of 4.98 ft. (1.5 metres) and maximum of 6.98 ft. (2.1 metres)
high enclosure measured from the ground level to the top of enclosure. The
height of the pool shall be measured from a distance of 3.3 ft. (1 meter) from
the wall of the pool.
b. An enclosure with a minimum height of 4.98 ft. (1.5 metres) shall be installed
around any inflatable pool or any other type of pool that has diagonal wall,
bracing or structure attached to the pool that could be used to climb inside
the pool regardless of the height of the pool wall.
c. There shall be no space greater than 4 inches (10 cm) where the enclosure
meets the ground or any other surfaces.
d. There shall be no space greater than 4 inches (10 cm) on any parts of what
is being considered the enclosure to prevent easy climbing.
e. Any swimming pool enclosure shall have all its horizontal structural
members located inside the enclosure to prevent easy climbing.
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f. Where such an enclosure is chain link, it shall not have a diamond mesh
greater than 2 inches (5 cm) per link.
g. All enclosures shall be installed and maintained in a structurally sound
condition so as to prevent access to the swimming pool when the swimming
pool is not in use.
h. Notwithstanding Section 5.1 of this by-law an enclosure is not required for
a spa provided that:
i. The spa is covered with rigid and locking cover that prevents access
to the spa when not being used, and
ii. The cover shall be locked to the spa in a manner that would make it
impossible to remove except by the owner when the spa is not in
use.
i. Barbed wire or fencing energized by electrical current, sharp projections or
any other dangerous characteristics shall not be used as an enclosure for
the pool.
j. Ladders, steps, or other items giving access to the pool shall not be
accessible when the pool is without supervision.
PART 6
GATES
6.1. Every gate that is part of the fence or enclosure shall:
a. Be of at least 4.98 ft. (1.5 metres) in height measured from ground level to
top of gate,
b. Be equipped with a self-closing and self-latching device located at the top
and inside of the gate,
c. Be lockable,
d. Despite paragraph c), every gate in an enclosure for a pool that adjoins a
space that is accessible to the public, including but not limited to a public
park, pathway, a golf course, or a highway, shall be lockable and locked at
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all times except when the gate is being used for access or egress by the
property owner or by anyone who has the property owner's consent to enter
or leave the property.
e. There shall be no space greater than 4 inches (10 cm) where the gate meets
the ground or any other surface,
f. A gate that is more than 4.98 ft. (1.5 meters) wide can be installed without
a self-closing and self-latching devices providing that a locking system
which requires a key or special knowledge to permit its opening is installed,
g. Where a wall of a building is used as part of an enclosure, all door or
windows located in that wall of the building shall be equipped with self-
closing, self-latching or be equipped with a locking device.
PART 7
MOTORS, FILTERS & OTHER MECHANICAL EQUIPMENT
7.1. The location of the motor, filter, and any other mechanical equipment in relation
to the property lines shall be in conformity with the Township of Val Rita-Harty's
Zoning By-law, as amended.
7.2. A motor, filter or any other part of a pool or spa's mechanical system shall be
located no less than 3.25 feet (1 metre) from the pool wall unless the pool is
completely enclosed within a yard regardless of the height of the pool or spa.
PART 8
DECKS
8.1. Any deck that is part of an enclosure shall:
a. Have a railing that is at least 4 feet (1.2 metres) high measured from the
ground up,
b. Be designed in such a manner as to not create a mean of climbing to access
the pool or spa,
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c. Have a 4 feet (1.2 metre) high gate, shall be installed at the bottom or top
of the stairs leading to the deck. The gate shall be measured from the last
accessible step.
d. There shall be no space greater than 4 inches (10 cm) between any parts
of the deck assembly.
e. There shall be no greater space than 4 inches (10 cm) where the gate meets
the deck or any other surface.
PART 9
LOCATION OF THE POOL OR SPA
9.1. The location of the pool or spa on a property shall be subject to the guidelines
set out in the Township of Val Rita-Harty Zoning by-law, as amended.
PART 10
SETBACK FROM THE SEPTIC TREATMENT UNIT
10.1. The distance of the swimming pool or spa to the septic treatment unit or any
component of the septic system shall be subject to guidelines given by the
Porcupine Health Unit.
10.2. Any pool installed on a property where there is an existing septic treatment unit
shall be subject to inspections by the Porcupine Health Unit.
PART 11
DRAINAGE
11.1. Draining water from swimming pool or spa shall be done in a manner as to not
permit or cause water to directly drain onto adjacent properties.
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PART 12
TRANSITION
12.1. Any pool, spa, fence, or enclosure that was lawfully erected prior to the passing
of this by-law shall be deemed to be in compliance and may be maintained as
erected.
PART 13
ENFORCEMENT
13.1. This by-law shall be enforced by the Municipal Law Enforcement Officer or its
designate.
13.2. When a property does not meet the requirements of this By-law, the Corporation
shall send a notice by registered mail or personal service to the owner or
occupant at their last known address requiring them to make the property
conform to the requirements of this by-law and the notice shall specify the time
allowed for compliance.
13.3. Where notice has been sent by the Corporation pursuant to section 13.2 of this
By-law and the requirements of the notice have not been complied with, the
Corporation may cause the work to be done and the Corporation may recover
the expense, of such work and administration fees by action or in a like manner
as municipal taxes.
PART 14
RIGHT OF ENTRY
14.1. The Municipal Law Enforcement Officer or its designate shall have the right of
entry on any property for the purpose of enforcing this by-law as per the
Municipal Act.
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PART 15
OFFENCE
15.1. Every person who contravenes any of the provisions of this by-law shall be guilty
of an offence.
PART 16
PENALTIES
16.1. Every person who is convicted of an offence is liable to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.
16.2. When a person has been convicted of an offence under the provisions of this
by-law,
a. The Ontario Court of Justice; or
b. Any court of competent jurisdiction thereafter may in addition to any other
penalty imposed on the person convicted, issue an order prohibiting the
continuation or repetition of the offence.
PART 17
SEVERABILITY
17.1. Should any section, subsection, clause, or provision of this by-law be declared
by a court of competent jurisdiction to be invalid, the validity of the remainder of
the by-law shall not be affected, and said section, subsection, clause, or
provision shall be severable from the remainder of the by-law.
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SCHEDULE "A"
SHORT FORM WORDING
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET
FINE
1
Owner fail to construct and maintain pool or
spa enclosure according with provisions
Sec. 2.1
$ 115.00
2
Water placed in Pool or Spa - Enclosure not in
accordance with provisions
Sec. 2.2
$ 115.00
3
Water allowed to remain in pool or spa -
Enclosure not in accordance with provisions
Sec. 2.3
$ 115.00
4
Permit or cause water to drain directly onto
adjacent property
Sec. 2.4
$ 75.00
5
Install pool or spa components - No Electrical
Safety Authority Permit
Sec. 2.5
$ 150.00
6
Pool, Spa or components encroaching on
swale
Sec. 2.6
$ 75.00
7
Excavate, install, construct, or place pool or
spa without permit
Sec. 3.1
$ 115.00
8
Install or caused to be installed pool or spa
without approved enclosure
Sec. 5.1
$ 115.00