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The Corporation of the Municipality of West Grey
Bylaw No. 2023-058
A bylaw to require the owners of privately owned outdoor swimming pools to erect and
maintain swimming pool enclosures.
WHEREAS section 8(3) of the Municipal Act, S.O. 2001, c.25, as amended (the "Act"),
authorizes a municipality to regulate or prohibit matters pertaining to pool enclosures
and as a part of that power, to provide for a system of approvals and to impose
conditions as requirements of obtaining, continuing to hold, or renewing the approval;
and
WHEREAS section 11 (2)(6) of the Act authorizes a municipality to regulate matters
related to health, safety, and well-being of the inhabitants of the municipality; and
WHEREAS section 11(3)(7) of the Act provides that a bylaw may be passed respecting
structures, including fences; and
WHEREAS section 425 of the Act authorizes a municipality to pass a
bylaw providing that a person who contravenes a bylaw of the municipality is guilty of
an offence; and
WHEREAS section 429 of the Act authorizes a municipality to establish a system of
fines for the offences under a bylaw; and
WHEREAS section 446 of the Act authorizes a municipality, under a bylaw, to direct or
require a person to do a matter or thing and 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
shall be done at the person's expense, and the municipality may recover the costs of
doing the matter or thing from the person by action or by adding the costs to the tax roll
and collecting them in the same manner as property taxes;
WHEREAS it is the intention of the Municipality of West Grey to prevent unintentional
injury and drowning caused by the failure of property owners to provide and erect
approved and acceptable swimming pool enclosures;
NOW THEREFORE be it resolved that the council of the Corporation of the Municipality
of West Grey hereby enacts as follows:
Section 1 - Short Title
1.1. This bylaw may be cited as the Municipality of West Grey Pool Enclosure
Bylaw.
Section 2 - Definitions and Interpretation
2.1. In this bylaw, the following definitions shall apply:
2.1.1.
"Boundary or Property Fence" means any barrier or structure
constructed of chain link metal, wood, stone, metal, concrete, brick or
other similar materials or combination of such materials, which is
erected for the purpose of screening, safeguarding, retaining or
enclosing property or delineating property lines (see schedule A
figure 1, appended hereto, and forming part of this bylaw).
2.1.2.
"Building" means any permanent and/or temporary structure used or
intended to be used for shelter, accommodation, or enclosure of
persons, animals, or goods, but shall not include a lawful boundary
fence.
2.1.3.
"Chief Building Official" means the person appointed by the
Municipality of West Grey to such a position pursuant to the Building
Code Act.
2.1.4.
"Fence Height" means the height measured from the finished floor
level or ground level at any point along the length of the fencing to
the top of the fence, measured on the outside of the fencing.
2.1.5.
"Finished Floor Level" means a permanent stable surface, such as
the top of wood, concrete or brick.
2.1.6.
"Finished Ground Level" means a permanent ground level, such as
grass, soil or gravel.
2.1.7.
"Four-Sided Fence" means a fence or building wall that fully restricts
access to the pool separate from the house. (see schedule A figure 2,
appended hereto, and forming part of this bylaw).
2.1.8.
"Gate" means any part of a swimming pool fence which opens on
hinges.
2.1.9.
"Guard" means a protective barrier, with or without openings through
it, that is around openings in floors or at the open sides of stairs,
landings, balconies, mezzanines, galleries, raised walkways or other
locations to prevent accidental falls from one level to another.
2.1.10. "Hydro-Massage Pool" or pools commonly referred to as hot tubs,
Jacuzzis, whirlpools, spas and other similar products means a pool
as defined in this bylaw.
2.1.11. "Immediate Pool Area" means the surrounding area that contains
items used for pool activities, including pool equipment, changing
sheds, patio furniture and similar items used in conjunction with the
use of the pool.
2.1.12. "Inside of the Pool Enclosure" means that side of the fence or gate
that faces the pool area.
2.1.13. "Isolation Fencing" means a continuous fence that is effectively the
same as a four-sided fence except that all ancillary structures (not
related to the function of the swimming pool) are excluded from the
pool area. The fence completely separates the pool from the house
and the rest of the property (see schedule A, figure 3, appended
hereto, and forming part of this bylaw).
2.1.14. "Maintain" means to keep a pool enclosure in a condition that meets
the requirements of this bylaw and to preserve the condition of the
pool enclosure from failure or decline in order to ensure safety and
strength.
2.1.15. "Outside of the Pool Enclosure" means that side of the fence or gate
that faces away from the pool area.
2.1.16. "Owner" includes the registered owner of any property; the person for
the time being managing or receiving the rent of the land or premises
in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other person, or who would
so receive the rent if such land and premises were leased, and a
lessee, tenant, mortgagee in possession, or person occupying or in
charge of the property.
2.1.17. "Pool Enclosure" means a permanent four-sided fence, isolation
fence or three-sided fence, which includes a self-closing and self-
latching gate, and which surrounds a pool with the intention of
restricting access from outside the pool enclosure.
2.1.18. "Permit" or "Pool Enclosure Permit" means a permit issued under this
bylaw by the Chief Building Official.
2.1.19. "Replacement" means the construction of a swimming pool and/or
swimming pool fence that takes the place of a swimming pool and/or
swimming pool fence previously constructed.
2.1.20. "Self-Closing Device" means a mechanical device or spring that
returns a swimming pool enclosure gate to its closed position
immediately after it has been opened.
2.1.21. "Self-Latching Device" means a mechanical device or latch that is
engaged each time the gate is returned to its closed position, which
will not allow the swimming pool enclosure gate to be re-opened by
pushing or pulling, and which will ensure the swimming pool
enclosure gate remains closed until unlatched by either lifting or
turning the device itself directly or by a key.
2.1.22. "Swimming Pool" or "Pool" means an excavation, structure or
product, which is:
2.1.22.1. located outdoors on private property;
2.1.22.2. capable of being used for the purposes of swimming, wading,
paddling or bathing and;
2.1.22.3. capable of holding water in excess of 73.6cm (2 feet 5 inches)
in depth at any point;
2.1.22.4. and includes a hot tub and or spa pool without a lockable hard
cover, and a landscape pond meeting the above criteria, but
for the purposes of this bylaw does not include any pool which
is:
a) a pond or reservoir located on lands designated as
agricultural in any of the Municipality of west Grey's
zoning bylaws or as part of a golf course;
b) a pool owned by any public or governmental body,
agency or authority, or is under the jurisdiction of the
Ontario Building Code;
c) an existing natural body of water or stream; or
d) a privately owned storm water management facility.
2.1.23. "Temporary Pool" means a swimming pool that is designed to be
removed periodically on a seasonal or more frequent temporary
basis.
2.1.24. "Three-Sided Fence" means a fence that uses a wall or side of a
building to enclose the pool area. (see schedule A, figure 1,
appended hereto, and forming part of this bylaw).
2.2. The requirements of this bylaw are expressed in metric measurements. Any
imperial measurements included in this bylaw are approximate and are
provided for convenience only.
Section 3 - General Provisions
Application of Bylaw
3.1. This bylaw shall be administered by the Chief Building Official or designate.
3.2. This bylaw shall apply to all pool enclosures constructed, or replaced, within
the Municipality of West Grey; as of the passage of this bylaw.
3.3. When a Swimming Pool Fence is constructed so that it functions as a
boundary fence between two or more adjacent properties, in addition to its
function as a swimming pool fence, the provisions of this bylaw prevail over
any other Municipality bylaw that regulates fences.
3.4. In the event of any conflict between the provisions of this bylaw and any
provision of the Fence Bylaw, as may be amended or replaced from time to
time, the provisions of this bylaw shall prevail
3.5. Notwithstanding Section 5,
3.5.1.
no conflict exists between the provisions of this bylaw and the
provisions of any other bylaw or approval if it is possible to comply
with both bylaws by choosing an alternate type, design or location for
a pool enclosure or pool.
3.5.2.
nothing in this bylaw permits the location of a pond, deck, platform or
other structure in a location that is not permitted under the
municipality of West Grey's Zoning bylaw.
Section 4 - Prohibitions
Application of Bylaw
4.1. No person shall excavate, construct, install, or situate a pool; or cause a
pool to be excavated, constructed, installed, or situated; or commence the
excavation, construction, installation, placement or replacement of a pool
without first obtaining a pool enclosure permit from the Chief Building
Official.
4.2. No person shall excavate, construct, install, or situate a pool; or cause a
pool to be excavated, constructed, installed, or situated; or commence the
excavation, construction, installation, placement or replacement of a pool
that is not completely enclosed by a pool enclosure in accordance with this
bylaw.
4.3. No person shall construct or cause to be constructed any pool enclosure
that does not conform to the requirements of this bylaw, or permit such non-
conforming pool enclosure to continue to enclose a pool.
4.4. 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:
4.4.1.
the pool is enclosed by a pool enclosure, other than an approved
temporary pool enclosure, meeting the requirements of section 6 of
this bylaw; and
4.4.2.
if the pool is a newly constructed pool, the Chief Building Official has
been notified and the pool enclosure has been inspected and
approved.
4.5. No person shall remove, alter or replace a pool enclosure or any part thereof
without having first obtained a permit to do so from the Chief Building
Official.
4.6. No owner shall fail to ensure that:
4.6.1.
all gates forming part of the pool enclosure meet the standards of this
bylaw;
4.6.2.
all entranceways to a pool enclosure through a wall of a building
meet the standards of this bylaw; and
4.6.3.
all gates forming part of a pool enclosure are locked when the area is
not in active use.
4.7. 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 structural integrity of a pool enclosure or render the pool
enclosure in non-conformity with the provisions of this bylaw.
4.8. No person shall erect a fence adjacent to an existing pool enclosure that
does not comply with the requirements of this bylaw.
4.9. Prohibited Fences
4.9.1.
No barbed wire, chicken wire or other barbed or sharp material shall
be used in the construction of a pool enclosure.
4.9.2.
No pool enclosure shall be used as a conductor of electricity.
Section 5 - Permit Applications
5.1. Every application for a pool enclosure permit shall be in a form specified by
the Chief Building Official and accompanied by:
5.1.1.
a set of plans showing the location of the pool, all proposed pool
equipment (such as filters, slides and heaters) and proposed
landscape features in relation to property lines, buildings (including
decks and shed), and easements;
5.1.2.
complete details of the proposed pool enclosure, including the
location and type of proposed fence and gate;
5.1.3.
the permit fee(s) specified in the Municipality of West Grey's Fees
and Charges Bylaw as amended from time to time;
5.1.4.
the proposed access route for construction of the pool from any
public right of way to the proposed pool location; and
5.1.5.
if the proposed pool is within an unassumed plan of subdivision, the
written approval of the developer/owner of the subdivision.
5.2. The Chief Building Official shall issue a permit for a pool enclosure where
the plans submitted comply with the requirements of this bylaw and all
applicable regulations and bylaws or approvals. Without limiting the
generality of the foregoing, the Chief Building Official shall not issue the
permit for the pool enclosure unless the proposed location of the pool and
pool enclosure complies with the Zoning Bylaw and any other applicable
regulations, bylaws or approvals.
Section 6 - Standards for Pool Enclosures
6.1. Enclosure: The owner of a privately-owned outdoor pool shall erect and
maintain a pool enclosure that is designed to prevent climbing, restrict access
and satisfies the following standards:
6.1.1.
Height: the pool enclosure shall extend from the ground to a height
of not less than 1.53m (5 feet). Height shall be measured from the
finished ground level on the outside (not the pool side) of the pool
enclosure, Inside fence height to comply with the Ontario Building
Code; when the fence is used as part of a guard attached to a deck
surrounding the pool;
6.1.2.
Opening and Materials:
6.1.2.1.
where the pool enclosure is constructed of chain link fence, the
pool enclosure shall not have any openings that would allow
the passage of a spherical object having a diameter exceeding
38 mm (1.5 inches) (see schedule A, figure 4, appended
hereto, and forming part of this bylaw);
6.1.2.2.
where the pool enclosure is constructed of vertical and
horizontal members, if the horizontal structural members are
greater than 114.3 cm (45 inches) apart, the horizontal
members can be located on the outside of the pool enclosure
and the spacing between each vertical member shall not
exceed 100 mm (4 inches) (see schedule A, figure 5,
appended hereto, and forming part of this bylaw);
6.1.2.3.
where the pool enclosure is constructed of vertical and
horizontal members, if the horizontal structural members are
less than 114.3cm (45 inches) apart, the horizontal members
must be located inside the pool enclosure and the spacing
between each vertical member should not exceed 44.45 mm
(1.75 inches) (see schedule A, figure 6, appended hereto, and
forming part of this bylaw);
6.1.3.
Ground Clearance: the space at any point between the pool
enclosure and the finished ground level and/or finished floor level
must not exceed 100 mm (4 inches) 50mm (2") for chain link fencing
and the ground beneath the pool enclosure cannot be loose gravel or
other material that can be easily removed so as to afford access
under the pool enclosure (see schedule A, figure 4 and figure 5,
appended hereto, and forming part of this bylaw);
6.1.4.
Framing and Braces: except as specified in Section 6.1.2.2. all
horizontal structural members must be located inside of the pool
enclosure as to prevent easy climbing; and
6.1.5.
Location: the pool enclosure may be a boundary fence which
complies with the provisions of this bylaw provided the fence is no
closer than 1.2m (4ft.) from the water's edge and located not less
0.61m (2ft.) from any fence or structure that does not meet the
requirements of this bylaw.
6.2. Gates: Every owner shall ensure that every gate forming part of a pool
enclosure:
6.2.1.
is constructed in accordance with the standards prescribed in section
6 of this bylaw;
6.2.2.
is supported on substantial hinges, capable of supporting 90.72kg
(200 lbs.) in body weight;
6.2.3.
is equipped with a self-closing device;
6.2.4.
is equipped with a self-latching device that is located at least 1.22m
(4 feet) above the finished floor level and/or finished ground level
(see schedule A, figure 7, appended hereto, and forming part of this
bylaw); and
6.2.5.
is equipped with a lock;
6.3. If the gate to the pool enclosure is a double gate access, made up of two gates
at the same location:
6.3.1.
one of the two gates shall have a self-closing device and self-latching
device; and
6.3.2.
the gate of this double gate access without a self-closing device and
a self-latching device shall have a device permanently affixed to the
ground or other non-movable object, which prevents access through
this gate without lifting or removing this device and then releasing the
latch.
6.3.3.
TEMPORARY FENCE DURING CONSTRUCTION The owner shall
ensure that temporary fencing meeting the requirements of this
section is in place during all phases of construction of the pool such
that unauthorized access to the site is prevented. Temporary fencing
shall be of 1.22m (4 feet) high snow fence, or such other fencing
material with similar visibility, height and rigidity as may be approved
by the Chief Building Official and shall be securely attached at any
opening when the area is left unattended.
Section 7 - Special Provisions
7.1. Above-Ground Pools
7.1.1.
The vertical walls of an above-ground pool can be used as part of a
pool enclosure provided that the vertical walls are at least 1.52m (5
feet) in height and do not possess any horizontal members that may
facilitate climbing.
7.1.2.
The ladder area, which provides access to the above-ground pool,
must be enclosed by a pool enclosure as defined in this bylaw (see
schedule A, figure 6, appended hereto, and forming part of this
bylaw).
7.1.3.
Above ground pools with decks installed around the pool must meet
the provisions of the Ontario Building Code and allow minimum of 1.2
m (4ft.) between the waters edge and the guard/ fence.
7.2. Temporary Pools
7.2.1.
If a pool enclosure permit has been obtained with respect to the pool
enclosure for a temporary pool, the temporary pool may be reinstalled
and refilled with water without additional permits or inspections
provided there have been no alterations to the pool enclosure.
Section 8 - Undertaking to Ensure Repair
8.1. Every person erecting, altering, repairing or demolishing a swimming pool
and/or swimming pool fence within the Municipality of West Grey who permits
the crossing of curbing, sidewalks or paved boulevards by vehicles delivering
materials to or removing materials from abutting lands shall deposit with the
Chief Building Official upon application for a swimming pool fence permit and
prior to the commencement of any work, a completed undertaking to repair any
damage to Municipal property such as any damage to the sidewalks, curbing or
paved boulevard or to any water service box or other service therein caused by
the crossing of such vehicles.
8.2. The owner of any lands on which any swimming pool and/or swimming pool
fence is being erected, altered, repaired or demolished shall take all necessary
steps to prevent building material, waste or soil from being spilled or tracked
onto the public streets by vehicles going to or coming from the lands during the
course of the erection, alteration, repair or demolition and shall be responsible
to the Municipality for the cost of removing such building material, waste or soil
and the cost of repairing any damaged curbing, sidewalks, or paved or grassed
boulevards.
Section 9 - Enforcement
9.1. Every person who contravenes any provision of this bylaw and is found guilty of
an offence, and upon conviction shall be subject to a fine as prescribed in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
9.2. Where anything required to be done in accordance with this bylaw is not done,
the Chief Building Official for the Corporation of the Municipality of West Grey
may, upon such notice as they deem suitable, do such thing at the expense of
the person required to do it and such expense may be recovered by action or in
like manner as municipal taxes within the meaning of section 446 of the
Municipal Act, S.O. 2001, c. 25., as amended.
Section 10 - Severability
10.1. If a court of competent jurisdiction declares any provisions or part of a
provision of this bylaw to be invalid or to be of no force and effect, it is the
intention of the council in enacting this bylaw that each and every other
provision of this bylaw authorized by law, be applied and enforce in accordance
with its terms to the extent possible according to law.
Section 10 - Repeal Clause and Effective Date
11.1. Bylaw No. 43-2011 and any other bylaws enacted by the municipality that are
inconsistent with the terms of this bylaw are hereby repealed.
11.2. This bylaw shall come into full force on the date it was passed, at which time all
bylaws, policies and resolutions that are inconsistent with the provisions of this
bylaw are hereby amended or repealed insofar as it is necessary to give effect
to the provisions of this bylaw.
Read a first, second and third time and finally passed this 6th day of June, 2023.
Mayor Kevin Eccles
Jamie M. Eckenswiller, Clerk
Signature on file
Signature on file
Bylaw 2023-058
Schedule A - Figures
Figure 1 - Boundary or property fence
Figure 2 - Four-sided fence
Figure 3 - Isolation fencing
Figure 4 - Chain link fence
Figure 5 - Horizontal member spacing Figure 6 - Ladder area
Figure 7 - Gate with self-latching device