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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUM.BER 2022 -
BEING
A
BY-LAW
TO
REGULATE
SWIMMING
POOL
ENCLOSURES WITHIN THE CITY OF WELLAND; AND TO
REP.EAL
BY-LAW
2010-119
AND
ALL
AMENDMENTS
THERETO
;t0
WHEREAS Section 11 of the Municipal Act, 2001. S.O. 2001, c.25, as amended,
(the "Municipal Act") authorizes a municipality to pass By-laws respecting fences;
AND WHEREAS Section 11 of the Municipal Act authorizes a municipality to
regulate matters related to health, safety and well-being of the inhabitants of the municipality;
AND WHEREAS Section 446 of ttie Municipal Act provides that where a
municipality has the authority under the Municipal Act or a by-law pursuant to the Municipal Act
to direct or require a person to do a matter or thing, the municipality may also provide that, in
default of it being done by the person directed or required to do it, the matter or thing can be done
at the person's expense and the municipality can recover the costs of doing the matter or thing
from the person directed or required to do so by action or by adding the costs to the tax roll and
collecting then in the same manner as property taxes.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
WELLAND ENACTS AS FOLLOWS:
SECTION 1
1.1.
1.2.
ADMINISTRATION
ADMINISTRATION, INTERPRETATION AND ENFORCEMENT
This By-law shall be administered by the Chief Building Official in accordance with
the terms and provisions as set out.
1.3.
SHORT TITLE
1.3.1.
This By-law may be cited as the "Swimming Pool Enclosure By-law".
1.4.
SCOPE
1.4.1.
This By-law applies to all property in the City of Welland unless otherwise
indicated herein.
1.5.
ENFORCEMENT
1.5.1.
Where any person fails to comply with any provision set out in this By-law, an
Order may be issued to that person and the Owner requiring compliance within
the timeframe specified in the Order.
1.5.2.
An Inspector who finds that a property does not conform with any of the
standards prescribed in this By-law may make an Order,
2
. (a)
stating the municipal address or the legal description of the property.
(b)
giving reasonable particulars of the repairs to be made or stating that a
Pool Enclosure Permit shall be obtained or that a Pool Enclosure shall be
erected; and
(c) -
indicating the time for complying with the terms and conditions of the
Order and giving notice that, if the Order is not complied with within that
time, the municipality may carry out the Order at the owner's expense.
1.5.3.
An Order may be personally delivered or served by registered mail. Where an
Order is mailed, the Order shall be deemed delivered on the earlier of receipt of
the Order by the addressee or the fifth (5th) day following the date of mailing,
whether received or not. ·
1.5.4.
Where an Order has been issued by an Inspector and compliance has not been
achieved within the required time period as set out in the Order the City may,
· through its employees and agents or persons acting on its behalf, enter upon the
land to carry out the necessary measures to comply with the Order or to drain, fill
in or fence the Pool at the expense of the person and any and all expenses
incurred may be added to the tax roll of the subject property and collected from
the owner of the subject property in the same manner as municipal taxes, or in
any other manner available to the City, including by action.
1.5.5.
Every Owner shall comply with an Order issued pursuant to Section 1.5 of this
By-law and within the timeframe specified therein for compliance.
1.5.6.
Where anything required to be done in accordance with this bylaw is not done,
the Chief Building Official or persons designated by the Chief Building Official for
the City of Welland, appointed pursuant to the Building Code Act, may upon such
notice as deemed suitable, do such a thing at the expense of the person required
to do it and in doing so, may charge an administration fee of 15% of such an
expense, within the minimum fee of $168.00 and both the expense and the fee
may be recovered from the security deposit held by the City, by action or in like
manner as municipal taxes.
1.6.
PENAL TY
1.6.1.
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction, is liable to the penalties as prescribed by the
Provincial Offences Act, R.S.O. 1990 c. P.33.
1.6.2.
Administrative Penalty By-law 2019-134 applies to each administrative penalty
issued pursuant to this By-law.
1.6.3.
Any person who contravenes any provision of this By-law shall, upon the
issuance of a penalty notice in accordance with Administrative Penalty By-law
2019-134, be liable to pay to the City an administrative penalty in accordance
3
with the penalties set out in Schedule "D" attached.
1.7.
SEVERABILITY
1. 7 .1 .
If any provision or part of a provision of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative circumstances, the balance of the By-law, or its application in other
circumstances, shall not be affected and shall continue to be in full force and
effect.
1.8.
COMPLIANCE WITH OTHER BY-LAWS AND REGULATIONS
1.8.1.
This By-law shall not be construed to reduce or mitigate any restrictions or
regulations lawfully imposed by the City or by any governmental authority having
jurisdiction to make such restrictions or regulations.
1.8.2.
If there is a conflict between . a provision in this By-law and a provision of any
other City By-law, the provision that establishes the highest standard to protect
the health and safety of the public shall apply.
1.9.
GENDER AND NUMBER
1.9.1.
In this By-law, unless the contrary intention is indicated, words used in singular
shall include the plural and words used in the male gender shall include the
female gender and vice versa.
1.10.
1.10.1.
1.11.
1.11.1.
1.12.
1.12.1.
MEASUREMENTS
. Where this By-law provides metric and imperial units of measure, the metric unit
of measure shall prevail.
For convenience only, approximate imperial
measurements have been provided in parentheses but are of no force or effect.
The abbreviation "mm" stands for millimeters, "m" stands for metres, "in." stands
for inches and "ft." stands for feet.
AND/OR
The word "and" is an inclusive conjunction, the use of which indicates that all
items or phrases in the subsection, article, or list in which it appears are
permitted or required. The word "or" is an alternate conjunction, the use of which
indicates that alternate or optional items or phrases in the subsection, article or
list in which it appears are permitted or required, as the case may be; however,
notwithstanding the foregoing, where the context permits, the word "or" may also
be an inclusive conjunction having the same meaning as the word "and".
APPLICATION OF THIS BY-LAW AND REPEAL OF EXISTING BY-LAWS
By-law 2010-119 and all amendments thereto is hereby repealed. The Standards
contained in this By-law supersede prior By-laws herein noted and their
regulations.
4
1.13.
EFFECTIVE DA TE
1.13.1.
· This By-law shall come into force on the date of passage by the City's Council.
SECTION 2
DEFINITIONS AND INTERPRETATIONS
2.1.
2.2.
2.3.
2.4.
2.4.1 .
2.5.
2.6.
2.7.
2.8.
2.9.
In this By-law the following words shall have the following meanings:
"Chief Building Official" shall mean the person appointed by the City Council to
such position pursuant to the Building Code Act.
Council" shall mean the Council of the Corporation of the City of Welland.
"City" shall mean The Corporation of the City of Welland.
"covering plate device" shall mean metal or plexiglass device which attaches to
or forms part of a metal or wrought iron gate latching device, and which
restricts access to the interior self latching device from the exterior of the gate.
-"Easement" shall meari an unregistered or registered right in favour of another
over the subject property for a specified purpose.
"grade" shall mean the surface of the ground below a Pool Enclosure at each
location where a structural support is embedded in the ground.
"hot tub" shall mean a hot tub, jacuzzi, whirlpool, or spa.
"inflatable Pool" shall mean a Pool, as defined in this By-law, consisting of an air
supported structure which contains or can contain water with a depth in excess
of 0.61 metres (2 feet) at any point.
"Inspector" shall mean a Building Inspector appointed by the Council of the
City.
"Landscape Pond" shall mean any body of water (including fishponds, water
gardens and water fountains) contained in whole or in part by artificial means in
which the depth of the water can exceed 0.6 metres (2 feet) at any point.
2.1 o.
"Maintain" 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.
2.11.
"Order" shall mean an order issued by an Inspector pursuant to Section 1.5.
2 .. 12.
"Owner" shall mean lawful owner of the property upon which a Pool or Pool
Enclosure is located and any lessee, tenant, mortgagee in possession, or person
occupying or in charge of said property.
2.13.
"person" shall mean any natural person, firm, corporation, partnership, or
. association, and includes the Owner.
5
2.14.
"Permit" or "Swimming Pool Enclosure Permit" shall mean a permit issued under
this By-law.
2.15.
"Replacement" shall mean the construction of a swimming pool fence that takes
place of a swimming pool fence previously constructed.
2.16.
"self-closing device" shall mean a mechanical device or spring which returns a
Pool Enclosure gate to its closed position within 30 seconds after is has been
opened.
2.17.
"self-latching device" shall mean a mechanical device or latch which is engaged
each time the gate is secured to its closed position, which will not allow the gate
to be re-opened by pushing or pulling, and which will ensure the Pool Enclosure
gate remains closed until unlatched by either lifting or turning the device itself
directly or by a key.
2.18.
"Standards" shall mean the standards for the construction and maintenance of
Swimming Enclosures around Pools prescribed by Section 7 of this By-law.
2.19.
"substantial repair'' shall mean, with respect to gates, the repair or replacement
of 50% or more of the components of the gate and with respect to fences,
where any continuous line of fencing between two intersecting angles of any
degree undergoes repair or replacement of 50% or mor~ of the components of
such line.
2.20.
"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
and has a depth of more than 0.61 meters (24 inches) at any point; and
(a)
located outdoors on private property.
(b)
wholly or partially contained by artificial shall mean.
(c)
an open exposed water surface of at least 1 square metre (10.7 square
feet); and includes a hot tub or landscape pond meeting the above criteria,
but for purposes of this By-law does not include any Pool which is:
(i)
under jurisdiction of the Building Code.
(ii)
a pond or reservoir to be utilized for farming purposes or as part of
a golf course.
(iii)
a Pool owned by any public or government body, agency or
. authority.
(iv)
an existing natural body of water or stream;
(v)
a private owned stormwater management facility.
2.21.
"Swimming Pool Enclosure" shall mean a fence other than a hedge or other
6
landscaping features. a wall or other structure, or combination thereof, including
any door or gate, surrounding a Pool, and restricting access thereto.
2.22.
"Temporary Pool" shall mean an inflatable pool or other Pool which is designed
to be remove_d. periodically on a seasonal or more frequent temporary basis.
2.23.
"Zoning bylaw" means any bylaw administered by the City enacted pursuant to
section 34 of the Planning Act, R.S.O. 1990, c.P.13, or a predecessor or
successor thereof, as may be amended from time to time.
SECTION 3
3.1.
3.2.
3.3.
3.4
3.5
SECTION 4
4.1 .
GENERAL PROVISIONS
Subject to Section 4.1, this By-law shall apply to all Pools and Pool Enclosures
constructed, existing or replaced, within the City of Welland.
Except as noted in Section 3.3, in the event of any conflict between the
provisions of this By-law and any provision of the By-law 10545 (the. Fence By-
law), as may be amended or replaced from time to time, the provisions of this By-
law shall prevail.
Notwithstanding Section 3.2,
a) No conflict exists between the provisions of this By-law and the provisions of
any other By-law or approval if it is possible to comply with both By-laws by
choosing an alternate type, design or location for a Pool Enclosure or Pool.
b) Nothing in this By-law permits the location of a Pool, deck, platform, or other
structure in a location which is not permitted under the City of Welland Zoning
By-law.
All repairs and maintenance of a Pool Enclosure required by the provisions of
this By-law are the responsibility of the Owner and shall be carried out in a
manner accepted as good workmanship in the trades concerned, utilizing
materials suitable and sufficient for the purpose, and carried out in accordance
with the industry specifications and requirements.
Any gate or any continuous line of fencing between two intersecting angles of
any degree that is 50% or more in ·disrepair shall be replaced in its entirety to
satisfy the standards contained in this By-law.
EXISTING POOL ENCLOSURES
The provisions of this By-law shall not prevent the use of an existing Pool
Enclosure if that Pool Enclosure was constructed prior to the effective date of this
By-law in accordance with the regulations of By-law 10557, or _any predecessor
to that By-law and has been maintained continuously in accordance with those
regulations.
4.2.
4.3.
SECTION 5
5.1.
5.2.
5.3.
5.4.
5.5.
5.6.
5.7.
5.8.
7
When an existing Pool Enclosure is replaced or substantially altered, the
replacement or altered Pool Enclosure shall be constructed in accordance with
this By-law.
Where an existing Pool Enclosure has enclosed a Pool in accordance with the
regulations that existed prior to the effective date of this By-law, and has been
maintained continuously in accordance with those regulations, and that Pool
Enclosure also marks the boundary between abutting properties, the shared
portion of the Pool Enclosure between the abutting properties may form part of
new Pool Enclosure for a Pool on the abutting property which shall be deemed to
be in conformity with this By-law. All other portions of the new Pool Enclosure
that enclose the newly constru.cted Pool shall meet the Standards set out in this
By-law.
PROHlBITIONS
No person shall construct or install a Pool, cause a Pool to be constructed or
installed, commence the construction or installation of a Pool without first
obtaining a Pool Enclosure Permit from the Chief Building Official.
No person shall undergo substantiai repair to an existi_ng Pool Enclosure wi_thout
obtaining a Pool Enclosure Permit.
No person shall construct or install a Pool or cause a Pool to be constructed or
installed which is not completely enclosed by a Pool Enclosure in accordance
with this By-law.
No person shall construct or cause to be constructed any Pool Enclosure which
does not conform to the requirements of thls By-law or permit such npn-
conforming Pool Enclosure to continue to enclos·e a Pool.
No person· shall fill a Pool with water or cause a Pool to be filled with water or
allow water to remain in a Pool unless:
(a)
the Pool is enclosed by a Pool Enclosure, other than an approved
temporary Pool Enclosure, meeting the requirements of Section 7.1 of thi~
By-law; and
(b)
if the Pool is a newly constructed Pool, the Chief Building Official has been
noti~ed and the Pool Enclosure has been inspected and approved by the
City.
No 'person shall remove any part of a Pool Enclosure if the Pool is filled with
water.
No person shall alter or replace a Pool Enclosure without having first obtained a
Permit from the Chief Building Official.
Every Owner shall ensure that:
8
(a)
all gates forming part of the Pool Er.closure meet the standards of this By-
law.
(b}
doors providing direct access to a Pool area from an attached or
detached garage, but · excluding doors from a dwelling unit, are
maintained with a self-closing device and with a self-latching device
located not less than 1.5 m (5 ft.) above the bottom of the door.
(c)
all gates forming part of a Pool Enclosure are locked when the area is not
in active use.
(d)
. the lockable lid of any hot tub is dosed and locked when the Pool area is
not in active use -unless the hot tub is within a · locked Pool Enclosure
.
-
meeting the requirements of this By-law.
5.9.
· No person shall place, pile, attach or lean any object or material against or near
a Pool· Enclosure so as to facilitate climbing of the Pool Enclosure, diminish the
structu.r~I integrity of a Pool Enclosure or render t_he Pool Enclosure in non-
conformity with the provisions of this 13y-laVf;
5.10.
No person shall erect a fence adjacent.to an existing Pool Enclosure that·doe_s
not comply with the requirements of this By-law.
5.11.
No person shall construct or install a Po.al, Pool Appurtenances or cause a Pool
or Pool Appurtenances to be constructed or installed within an easement.
SECTION 6
6.1.
6.2.
PERMIT APPLICATION
Every Application for a Pool Enclosure Permit shall be by the owner or his or her
agent, in writing to the Chief Building Official on a form prescribed in Schedule
"C" of the bylaw.
All such applications shall be accompanied by the following:
a)
Two (2) sets of plans showing the location of the Swimming Pool, all
proposed Swimming Pool equipment (such as filters, slides and heaters)
and proposed landscape features 1n relation to property lines, buildings
(including decks and sheds). and any easements.
b)
Complete details of the proposed Pool Enclosure, including the location
and type of proposed fence ~nd gate.
c)
The Permit fee(s) specified in Sched~le "A" . . :
d)
An undertaking to repair damage to City .P-Operty as prescribed in
Schedule" B" of the bylaw
e)
A security deposit in a form acceptable to the City as prescribed in
Schedule "A" to guarantee compiian~e with the undertaking,
9
f)
access route for construction of the Pool from any public right-of-way to
the proposed Pool location; and
g)
INTENTIONALLY DELETED
6.3.
The Chief Building Official shall issue a Permit for a Pool Enclosure where the
plans submitted appear to comply .with the requ\re~ynts 9f this By-law: and ~II
applicable regulations and by-laws or approvals. Without limiting the generality
of the foregoing, the Chief Building Official shall not issue the Permit for the
Swimming Pool Enclosure unless a site ·alteration permit, if required, has been
obtained and the proposed location of the Pool and Pool Enclosure complies
with the zoning by-law and any other applicable regulations, by-laws, or
6.4.
6.5.
6.6.
6.7.
. approval. .
No permit, with respect to a property in a subdivision not yet assumed by the
City, shall be issued until the owner obtains a clearance letter form the developer
of the subdivision stating that the developer agrees with the proposed swimming
pool or swimming pool enclosure including any alteration of the grade.
.
.
.
.
' ~.
.
If the proposed Pool is within an unassumed plan of subdivision, the developer or
owner of the'subdivis.ion shall be notified by° electronic mail or by regular mail. All
third-party agreements shall be the respon~ibility of the· prospective owners.
The Chief Building Official may revoke . a permit where it was issued . on a
mistaken or false information and shall provide written notic~ to the permit holder
of the revocation.
A permit issued under this By-law shail be.valid for a period of six(6) months form
the date of issue and shall remain valid so long as the work covered by the
permit is substanUally completed before Jhe expiry of the six(.6) month period.
Notvvlthstanding the expiry date of the permit, a permit may be renewed once for
further six (6) month period upon a written request for renewal to the Chief
BuBding Official before the expiry date. The swimming pool enclosure which is
the subject of the permit shall be substantially completed within the six(6) month
renewal p~riod or _the permit shall thereaft~r lapse, ,md no further renewal shall
be permitted .. !f a permit l~pses, and t~e owner wishes to proceed with the
construction or use the swimming pool, the owner or their agent shall make a
new application for a permit under this By-law.
'
..
SECTION 7
STANDARDS .
7.1.
TEMPORARY POOL ENCLOSURES
7.1.1.
The Owner of a property where a Pool is being installed shall e_nsure that during
PooHl'lstallation a. temporary Pool Enclosure encircles t.he Po9I once water is
placed and is always maintained to prevent access to .~he .Pool. The tempor:ary
Pool Enclosure '. shall remain in place until the Inspector has inspected and
approved a permanent Pool Enclosur~. The maximum .length of time a temporary
10
Pool Enclosure may be used and mai!1tained is seven (7) days.
7.1.2.
A temporary Pool Enclosure shall consist of a 1.5m (5 ft.) high plastic or chain
link fence with mesh openings no larger than 38mm (1.5 in.), containing steel
embedded T-bar posts a maximum of every 3.0m (1 O ft.) apart and utilizing a 9
gauge galvanized steel wire located at the top and bottom of the temporary Pool
Enclosure.
7.1.3.
Notwithstanding the requirements ot' 7.1.2, an Inspector may permit alternative
temporary fencing which provides equivalent standards or exceeds the
Standards required.
7.1.4.
Notwithstanding Section 5.4 (a) :of thi.~ J3y-law )f a Pool Enclosure is damaged
and requires replacement or repair, water may remain in a Pool enclosed by a
temporary Pool Enclosure with the per"mission in writing of the Inspector pending
-·
the replacement or repair of the Pool Enclosure; subJect to any time limits which
may be imposed by the Inspector.
7.2.
PERMANENT POOL ENCLOSURES
7.2.1.
Pool Enclosures .on any property shall _ extend from the ground to a height,
measured from grade on the outside of th_e Pool Enclosure,. of not less than 1.5
metres (5 feet) ..
7.2.2.
The Owner shall ensure that any access points forming part of a Pool Enclosure
shall be kept always latched unless a responsible: person is present and
supervising the enclosed area.
7.2.3.
Doors providin'g access· frorn a· building directly to an enclosed swimming· Pool
area including doors leading from an attached or detached garage but excl_uding
doors located in a dwelling unit, shall have a self-closing device as well as a se!f-
latching device located not less than 1.5 m (5 ft.) above the bottom of the door.
7.2.4.
No part of a Pool Enclosure shall consist . of barbed wire or similar dangerous
devices, including but not limited to, the transmission of an electrical current
through the Pool Enclosure.
7.3.
t;ONSTRUCTION OF FENCING
7.3.1.
All Pool Enclosures shall be constru·cted of wood, metal or chain link fencing.
7.3.2.
All Pool "Enclosures, or such. portio~s . thereof, constructed of wood shall comply
with Tables '7.4.0.A and 7.4.1 .A.
7.3.3.
All Pool Enc!csures, or such portions thereof, constructed of metal shall comply
with Tables 7 :4.0.A and 7.4.2.A.
7.3.4.
All Pool Enclosures, or such portions thereof, constructed of chain link shall
comply with Tables 7.4.0.A and 7.4.3.A.
11
7.3.5.
Notwithstanding the provisions of Section 7, a Pool Enclosure may be built other
than as provided ln this By-law to standards ·which are equivalent or exceed the
standards and which are acceptable to an Inspector in writing
7.4.
CONSTRUCTION OF GATES
7.4.1.
Every gate in a Pool Enclosure shall be supported on hinges substantial enough
to hold the weight of the gate and constructed in accordance with the
requirements of subsections 7.3.2, 7.3.3:, 7.3.4 or 7.3.5 and have a self-closing
device and be equipped with a lockable self-latching device located on the
interior face near the top of the gate.
7.4.2.
Metal gates used in a Pool En~losu~e shall be equipped with a coverir:ig plate
device,_ a.minimum of -0.3 m (12 in.) x p,3 rn -(12 in.) size, covering. t,he. self-
latching device from the outside of th_e gate. The covering plate device shall_ be a
minimum thickness of 6.3 mm (1 /4 in.)
7.4.3.
Double gates used in a Pool Enclosure shall have _one of the two gates equipped
i.
ii.
i.
ii.
iii.
iv.
V.
vi.
vii.
viii.
ix.
'
with a self-ciosing device and self-latching device to provide access. The ·other
gate shall have a securing device permanently affixed·tci the ground or other non-
moveable object, which prevents access through this gate without lifting or
removing this device and then releasing the latcti. This gate must be securely
closed unless open for access and supervised to prevent unauthorized access to
the Pool area.
TABLE 7.4,0.A
GENERAL PROVISIONS FOR POOL ENCLOSURES
PROVISIONS
. '
ALL PROPERTIES
Minimum HeiQht of Fences and Gates
1.5 m (5 ft) or 1 :8 m (6 ft.')
Maximum Clearance Between Bottom _ -100 mm (4 in.)
of Fence and Grade
···--·-
TABLE 7.4.1.A -
WOOD FENCE CONSTRUCTION FOR POOL ENCLOSURES
PROVISIONS
ALL PROPERTIES
Horizontal Rail Minimum Size
38 mm (1-1/2 in. x 89 mm (3-1/2 in.)
If Minimum Vertical Spacing Between 0.75 Ill (29.5 in.)
Horizontal Railings
Then
Maximum
Spacing
Between
100 mm (4 in.)
Vertical Boards
If Minimum Vertical Spacing Between Less than 0.75 m (29.5 in.)
Horizonta! Ra!linQs
--
Then
Maximum
Spacing
Between 38 mm. (1.,1/2 in.)
Vertical Boards
. .
Vertical Board Minimum Size
19 mm (3.4 in.) x 89 mm (3-1/2 in.)
Fence Post Maximum SoacinQ
2.4m (8 ft.)
Minimum Size of Fence Posts
89 mm (3-1 /2 in.) x 89 mm (3-1 /2 in.)
Minimum
Depth
Below Grade Of 1. 2 m _ ( 4 ft.)
lmbedded Fence Posts
TABLE 7.4.2.A . '
METAL AND WROUGHT IRON FENCE CONSTRUCTION FOR POOL ENCLOSURES
PROVISIONS
ALL PROPERTIES
i.
Minimum Vertical Spacing Between 0.9 m (35.4 in.)
Horizontal Railina
ii.-
Vertical' Railina Maximum Spacina
100 mm·(4 in.)
ii'i.
Minimum
Depth Below Grade
Of . 1.2 m (4 ft.)
lmbedded Fence P·osts
..
13
TABLE 7.4.3.A
CHAIN LINK FENCE CONSTRUCTION FOR POOL ENCLOSURES
PROVISIONS
ALL PROPERTIES FOR
1
ALL PROPERTIES FOR
POSTS SPACED
I POSTS SPACES MAXIMUM
MAXIMUM 2.4 M (8 FT.)
3M (10 FT.)
Minimum Vertical Spacing 0.9 m (35.4 in.)
0.9 m (35.4 in.)
Between Horizontal Railinqs
Maximum Chain Link Mesh 38 mm (1-1/2 in.)
' 38 mm (1-1 /2 in.)
Size For 1.5 m (5 ft.) Fencinq
Maximum Chain Link Mesh I 38 mm (1-1/2 in.)
38 mm (1-1/2 in.)
Size For 1.8 m (6 ft.) Fencing , or
or
' 50 mm (2 in.)
50 mm (2 in.)
Minimum
Diameter/Gauge 2.6 mm diameter (No. 11
2.6 mm diameter (No. 11
Of Mesh
Including
Vinyl gauge) or 2 mm diameter gauge) or 2 mm diameter
·covering
(No. 14 gauge) with vinyl (No. 14 gauge) with vinyl
covering
forming
a
total covering
forming
a
total
combined thickness of 2.6
combined thickness of 2.6
mm (No. 11 aauqe)
mm (No. 11 · aauae)
Minimum ·Diameter Gate· Aiid 47.5 mm (1 -2/7 in.)
-
-a
- - -
47 5 mm (1-7/8 in.)
Terminal Posts
Minimum
Depth ·
Below The steel fence post will be a The steel fence post will be a
Gr.ade Of lmbedded Fence minimum of 0. 76 cm ·(2 ·ft'. 6 minimum of 0. 76 cm (2 ft. 6
Posts
in.) imbedded in a concrete in.) imbedded in a concrete
footing which has a diameter footing which has a diameter
1
of 20.32 cm (8 in.) and a of 20.32 cm (8 in.) and a '
depth of 1.2 m (4 ft.). NOTE: depth of 1.2 m (4 ft.). NOTE:
..
The top of concrete footing
The top of concrete footing
rnay be below grade level
may be below grade level
10.175 cm 'to 20.35 cm (4 in.
10._175··cm to 20.35 cm (4 in.
to 8 in.)
--
to 8 in.}
Minimum
Diameter
For · 38 mm (1-1/2 in.)
47.5 mm (1-7/8 in.)
Intermediate Posts
. -
Minimum Diameter Top Rail
32 mm (1-1/4 in.) ·
41 _.275 ·mm (1-5/8 in.)
Minimum Diameter Bottom
3.7 mm (No. 9 gauge)
3.7.mm (No. 9 gauge)
Wire
Minimum
--
3i·mm (1.:.1/4 in.)
Diameter
Gate
1 32 mm (1-1/4 in.)
I
Frame - "Pipe
.. . . i .
"
.
. .. i
7.5
SPECIAL PROVISIONS AND PARTIAL EXEMPTIONS
7.5.1 Temporary Pools
7.5.2
Notwithstanding Section 5 of this By-law if a Pool Enclosure Permit has been obtained
with respect to the Pool Enclosure for a Tempera~ Pool: the, T~~porary Pool may be
reinstalled and refilled with water without additional Permits or inspections provided
there have been no alterations· to the Pool Enclosu~e .
. 7.-5.3
HOT TUBS
7.5.4
Notwithstanding Section 5 of this By-law, no· permit or Pool Enclosure i.s required for a
hot tub which is:
(a)
above grade and;
(b)
. equipped with a substantial cover, capable of holding 90.72 kg (200 lbs) which is
permanently" fixed to the structure and which is !ocked to prevent access when
the structure is not in use; or
14
(c)
equipped with a guard meeting the requirements .of Section 7.5.6(d) of this By-
law.
7.5.5 ABOVE GROUND POOLS AND HOT TUBS WITH GUARDS
7.5.6
The Pool Enclosure for an above ground Pool or hot tub need not comply with Section 7
of this By-law provided that:
(a)
the combiried ·height of the exterior side's of the Pool structure and any guard
attached thereto is a minimum of 1.82 m (6.0 feet) and a maximum of 2.47 m (8.1
feet) in height above the grade;
(b)
the exterior sides of the Pool structure and any outside face of any guard are
.
'
constructed in a manner that will not facilitate climbing;
(c)
the outside face of the Pool structure, including any attached deck or platform is
at least 1.22 m (4.0 feet) from any lot line, or such larger distance as may be
required. by .th~ City's zon_ing by-law:
(d)
if the Pool is surrounded by. a platform or deck , tne platform or deck must be at
least 0.61 , m :(2 feet) in width, a guard of not les~ than 1 m (3 feet) in height,
measured from the surface of the platform or deck must be provided around the
platform or deck and access to the platform or deck must be restricted by shall
mean of an entrance or gate constructed in accordance with Section 7 of this By-
law.
..
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS
5TH DAY OF APRIL, 2022.
-
DEPUTY Clerk
. ..J '
:
)
'
-'
15
SCHEDULE "A
1
' PERMIT FEES AND DEPOSITS
Every person who erects or constructs a privately-owned outdoor swimming pool or
f
· application fee:
ence around said swimmina pool shall pay the followina permit
Swimming Pool
Permit Fee
Security Deposit
Type
--
Above Ground
$124.00
$250.00*
lnaround
$124.00
$500.00*
I
*Security Deposits released upon completior:, of pool final
; o
'
. .... -·
) .. ~
16
SCHEDULE "B" Undertaking Damage to City Property
To: The Corporation of the City of Welland
Re: -------------
Municipal Address
Permit Application N~mber
In consideration of the issuance of a Permit to -------------
(proposed work)
For the above noted property, __________________ _
hereby
(Please print clearly)
Undertakes to repair and replace, to the satisfaction of the City Engineer, all damage to
City property, including without limitation to curbs, sidewalks, and boulevards sustained
directly or indirectly because of works untaken by the Owner under the Permit. The
Owner agrees that the security deposit of$ ___ will be held and may be used by the
City, if the Owner fails to do such work as required by the Undertaking, to recover the
cost to complete such :work plus administrative fee as permitted by Article 1.5.6. of the
Bylaw.
17
SCHEDULE"C"FORMS
Application for Swimming Pool Enclosure
Order to Comply Pursuant to Subsection 1.5 of the Pool Enclosure By-law 2022-70
u
Wellana
18
Application for a Swimming Pool Enclos·ure
ONTA-.10 - CANADA
For use by Principal Authority
Application Number:
Permit Number (if different):
Date Received:
Roll Number:
Application submitted to:
(Name of municipality, upper-tier municipality, board of health or conservation authority)
A. Project Information
Building Number, Street Name
Unit Number I Lot/Con.
Municipality
Postal Code
Plan Number/Other Description
Project Value Est. $
Area of Work (m2)
B. Purpose of application
Proposed Use of BuildingfTenant
Current Use of BuildingfTenant
C. Applicant
Applicant is:
Owner
Authorized Agent of Owner
Last Name
First Name
Corporation or Partnership
Street Address
Unit Number I Lot/Con.
Municipality
Postal Code
Province
E-mail
Telephone Number
Fax Number
Cell Number
(
)
(
)
(
)
D. Owner (if different from applicant)
Last Name
First Name
Corporation or Partnership
Street Address
Unit Number I Lot/Con.
Municipality
Postal Code
Province
E-mail
Telephone Number
Fax Number
Cell Number
(
)
(
)
(
)
19
E.PoolType
lnground
Above ground
Temporary
Hot Tub/Spa
Landscape pond
Other
F. Type of Enclosure
Fenced in yard
Above ground pool with guard and foldable, lockable ladder
Other
Restricted deck access
Replace or repair of existing pool enclosure
G. Fencing Construction
Vertical wood board
D Wrought iron
Chain link
Mesh size D 38mm (1.5") 050mm (2")
D Height 1.5m (5 ft)
D 1.8m (6 ft)
H. Declaration of Applicant
I
declare that:
(print name)
1. The information contained in this application, attached schedules, attached plans and
specifications, and other attached documentation is true to the best of my knowledge.
2. If the owner is a corporation or partnership, I have authority to bind the corporation or
partnership.
Date
Signature of Applicant
ONTARIO - CANADA
LU
City of Welland
Planning and Development Services
Planning and Building Division
60 East Main Street, Welland, ON L3B 3X4
Phone: 905-735-1700 Ext. 2251 I Fax: 905-735-8772
Email: [email protected] I www.welland.ca
ORDER TO COMPLY
Pursuant to Subsection 1.5 of the Pool Enclosure By-law 2022-70
ISSUED TO:
ORDER NO.:
PROJECT:
PERMIT NO.:
LOCATION:
OWNER:
DATE OF INSPECTION:
TIME:
TAKE NOTICE THAT THIS PROPERTY IS IN CONTRAVENTION OF THE POOL ENCLOSURE BY-LAW,
2022-70 IN PARTICULAR THE FOLLOWING PROVISIONS THEREOF:
DESCRIPTION
ITEM
REFERENCE
BY-LAW SECTION
CONTRAVENTION
REMEDIAL ACTION REQUIRED
1.
2.
YOU ARE HEREBY ORDERED TO COMPLY WITH THE POOL ENCLOSURE BY-LAW 2022-70
THEREUNDER BY CORRECTING THE ABOVE NOTED CONTRAVENTION(S),
NOTIFYING THE
INSPECTOR AND PROVIDING ACCESS TO THE PREMISES FOR RE-INSPECTION, ALL BY
Failure to comply with this Order may result in the City, through its employees and agents or persons acting on its
behalf, enter upon the land to carry out the necessary measures to comply with the Order to drain, fill in or fence
the Pool at the expense of the person and any and all expenses incurred may be added to the tax roll of the
subject property and collected from the owner of the subject property in the same manner as municipal taxes, or
in any other manner available to the City, including by action.
ORDER ISSUED BY: Officer: ______________ _
Date:
Section 1.5.5 of the Pool Enclosure By-law states that EVERY OWNER SHALL COMPLY WITH AN ORDER
ISSUED PURSUANT TO SECTION 1.5 OF THIS BY-LAW AND WITHIN THE TIMEFRAME SPECIFIED FOR
COMPLIANCE.
Copy: Order File
Owner
Officer
Tenant
Permit File
Street File
ITEM
1
2
3
4
5
6
7
LI
SCHEDULE "D"
THE CORPORATION OF THE CITY OF WELLAND
SET FINE SCHEDULE
BY-LAW 2022-70, BEING A BY-LAW TO REGULATE POOL ENCLOSURES
WITHIN THE CITY OF WELLAND
COLUMN 2
COLUMN 1
COLUMN
Provision
3
Short Form Wording
Creating or
Defining
Penalty
Offence
Construct or install a Pool without a permit
5.1
$400.00
Cause a Pool to be constructed or installed without a permit
5.1
$400.00
Substantial repair to an existing Pool Enclosure without a permit
5.2
$400.00
Filling the Pool with Water without Enclosure or Notification
5.5
$400.00
Maintain Swimming Pool Enclosure
5.8
$400.00
Fail to Comply with an Order