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Page 1 of 14
Chapter 722
June 7, 2012
Property Maintenance
Chapter 0722 - Fence - Height - Description
Chapter Index
Article 1 - Short Title
722.1.1
Citation
Article 2 - Interpretation
722.2.1
Corner lot - defined
722.2.2
Corner visibility triangle - defined
722.2.3
Driveway visibility triangle - defined
722.2.4
Enclosure - defined
722.2.5
Engineer - defined
722.2.6
Exterior side lot line - defined
722.2.7
Exterior side yard - defined
722.2.8
Fence - defined
722.2.9
Front yard - defined
722.2.10
Height - defined
722.2.11
Highway - defined
722.2.12
Hydro massage pool - defined
722.2.13
Interior lot - defined
722.2.14
Interior side yard - defined
722.2.15
Line fence - defined
722.2.16
Lot line - defined
722.2.17
Officer - defined
722.2.18
Parking space - defined
722.2.19
Property Standards Committee - defined
722.2.20
Privately-owned swimming pool - defined
722.2.21
Rear yard - defined
722.2.22
Street line - defined
722.2.23
Person - defined
722.2.24
Yard - defined
722.2.25
Zoning by-law - defined
Article 3 - General Provisions
722.3.1
Fence - contrary to Chapter - prohibited
722.3.2
Exemption - fence erected under other authority
722.3.3
Erection - fence - without proper authority - prohibited
722.3.4
Visible obstruction - hazard - distance from street
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722.3.5
Plantings - existing - not hazard - exemption
722.3.6
Property line - determination - owner expense
722.3.7
Fence - unlawful on highway - removal owner expense
722.3.8
Entry - on private property - maintenance - repairs
722.3.9
Entry on private property - permission
722.3.10
Line fence - sharing costs
722.3.11
Fence type - non-agreement - apportionment of cost
722.3.12
Notice - to adjoining owner - apportionment of cost
722.3.13
Line Fences Act - not applicable - upon enactment
722.3.14
Barbed wire - use - restriction
722.3.15
Electric fence - use - restriction
Article 4 - Residential Property
722.4.1
Repealed: By-law 8786-12, June 7, 2012
722.4.2
Repealed: By-law 8786-12, June 7, 2012
722.4.3
Repealed: By-law 8786-12, June 7, 2012
722.4.4
Repealed: By-law 8786-12, June 7, 2012
722.4.5
Fences on interior lots - height - location
722.4.6
Fences on corner lots - height - location
722.4.7
Height - maximum - rear yard
722.4.8
Privacy screening - elevated deck - exempt
722.4.9
Sound barrier - exemption
722.4.10
Height restriction - exemption
Article 5 - Pool Enclosures
722.5.1
Required - maintained adequate - prevention of entry
722.5.2
Hydro massage pool - locking covers
722.5.3
Swimming pool enclosure permit - required
722.5.4
Schedule 'A' - cost
722.5.5
Repealed: By-law 8786-12, June 7, 2012
722.5.6
Temporary fencing - limitation
722.5.7
Existing enclosure - conforming - prior to enactment
722.5.8
Height - minimum requirement
722.5.9
Repealed: By-law 8786-12, June 7, 2012
722.5.10
Wall - forming part of enclosure - conditions
722.5.11
Hedgerows - use as enclosure - subject to inspection
722.5.12
Gate - self-closing - self-latching - requirements
722.5.13
Gate - doors - locked - when not supervised
722.5.14
Hydro Massage Pool - Exemption - Conditions
722.5.15
Fence- requirements
722.5.16
Alternative materials - as fence - requirements
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Article 6 - Appeals Property Standards - Committee
722.6.1
Repealed: By-law 8786-12, June 7, 2012
722.6.2
Repealed: By-law 8786-12, June 7, 2012
722.6.3
Order served - right to appeal - deadline
722.6.4
Request for relief
722.6.5
Fee - set out
Article 7 - Enforcement
722.7.1
Fine - for contravention
722.7.2
Compliance - all occupants of property
722.7.3
Application - all land within City
722.7.4
Enforcement - permit inspections
722.7.5
Inspection - right of entry
Article 8 Repeal - Enactment
722.8.1
Chapters - previous
722.8.2
Effective date
Article 1 - Short Title
722.1.1
Citation
The short title of this Chapter is the "Fence By-law."
Article 2 - Interpretation
722.2.1
Corner lot - defined
"corner lot" means a lot situated at the intersection of and abutting upon two
streets, or upon two parts of the same street, the adjacent sides of which street
or streets (or, in the case of a curved corner, the tangents at the street
extremities of the side lot lines) contain an angle of not more than 135 degrees.
In the case of a curved corner, the corner of the building lot shall be that point on
the lot line abutting a street nearest to the point of intersection of the said
tangents.
722.2.2
Corner visibility triangle - defined
"corner visibility triangle" means a triangular area formed within a corner lot by
the intersecting lot lines abutting the streets or the projections thereof and a
straight line connecting them 9.0 metres (30 feet) from their point of
intersection.
722.2.3
Driveway visibility triangle - defined
"driveway visibility triangle" means a triangular area formed by the intersection of
the lateral limit of the travelled portion of a driveway and a lot line abutting a
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street or the projections thereof and a straight line connecting them 4.57 metres
(15 feet) from their point of intersection.
722.2.4
Enclosure - defined
"enclosure" means a fence, wall or other structure, including doors and gates,
surrounding a privately-owned outdoor swimming pool to restrict access
thereto.
722.2.5
Engineer - defined
"engineer" means the City Engineer of the City of Woodstock or his/her
designate.
722.2.6
Exterior side lot line - defined
"exterior side lot line" means the longest lot line abutting a street with respect to
a corner lot.
722.2.7
Exterior side yard - defined
"exterior side yard" means a yard, immediately adjoining a public street,
extending from the front yard to the rear yard and from the side lot line of the
lot to the nearest part of the main building on the lot.
722.2.8
Fence - defined
"fence" means any wall, fence or similar structure of wood, brick, stone,
metal, wire or any other similar material or any hedgerow.
722.2.9
Front yard - defined
"front yard" means a yard extending across the full width of the lot between the
front lot line of the lot and the nearest part of the main building on the lot. For the
purposes of this Chapter the shortest line abutting the street is the front lot line.
722.2.10
Height - defined
"height" means the distance measured from the grade where the fence posts are
embedded to the top of the said posts.
722.2.11
Highway - defined
"highway" means the road allowance between street lines and includes the
boulevard portion.
722.2.12
Hydro massage pool - defined
"hydro massage pool" shall include those pools commonly referred to as a hot
tub, a whirlpool, a Jacuzzi or a spa.
722.2.13
Interior lot - defined
"interior lot" means a lot other than a corner lot.
722.2.14
Interior side yard - defined
"interior side yard" means any yard extending from the front yard to the rear yard
and from the side lot line of the lot to the nearest part of the main building on
the lot other than an exterior side yard.
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722.2.15
Line fence - defined
"line fence" means any fence constructed on a property line so as to be owned by
the parties owning and occupying the lands immediately adjoining thereto and
divided by such fence.
722.2.16
Lot line - defined
"lot line" means the line formed by the boundary of any lot.
722.2.17
Officer - defined
"officer" means any municipal law enforcement officer or by-law enforcement
officer of the City of Woodstock.
722.2.18
Parking space - defined
"parking space" shall mean a parking space as defined by the zoning by-law.
722.2.19
Property Standards Committee - defined
"property standards committee" means the committee established under City of
Woodstock Municipal Code, Chapter 745 Maintenance - Occupancy.
722.2.20
Privately-owned swimming pool - defined
"privately-owned swimming pool" means any body of water located or to be
located outdoors on privately-owned property, contained by artificial means and
is capable of a depth at any point in excess of 76.2 centemetres (30 inches),
which is intended or used for the purpose of swimming, diving or bathing but
shall not include a natural body of water, watercourse, fish pond, a storm water
management pond or a hydro massage pool.
722.2.21
Rear yard - defined
"rear yard" means a yard extending across the full width of the lot between the
rear lot line of the lot and the nearest part of the building on the lot.
722.2.22
Street line - defined
"street line" means the property limit of the road allowance.
722.2.23
Person - defined
"person" is an owner, occupant or adult responsible for the property pertaining
to the location where a privately-owned swimming pool, hydro massage pool or
fence is located.
722.2.24
Yard - defined
"yard" means that part of a lot extending from a lot line into a lot to the nearest
building and measured at right angles to the lot line.
722.2.25
Zoning by-law - defined
"zoning by-law" means any by-law administered by the City of Woodstock
passed 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.
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Article 3 - General Provisions
722.3.1
Fence - contrary to Chapter - prohibited
No person shall erect, construct, maintain or permit to be erected or
constructed, any fence that does not comply with the provisions of this Chapter.
722.3.2
Exemption - fence erected under other authority
A fence required by federal or provincial statute or regulation, by the Ontario
Hydro Electric Commission or any other utility or by agreement with the City of
Woodstock relating to a site plan, subdivision, condominium, or other
development approval or judgment, order, direction or decision made or given by
any court or other duly constituted authority having jurisdiction, is exempt from
the provisions of this Chapter.
722.3.3
Erection - fence - without proper authority - prohibited
No person shall, without lawful authority, erect, install, place or maintain or cause
to permit the erection, installing, placing or maintaining of any fence or hedge
either wholly or partly upon or over a highway.
722.3.4
Visible obstruction - hazard - distance from street
No person shall erect, construct, maintain or permit to be erected or
constructed any fence, or plant, any hedge or any tree whose branches may
constitute a visual obstruction, on a corner lot within the triangular space formed
by the intersection of street lines for a distance of 9.0 metres (30 feet) each
way from the point of their intersection, where the height of such fence or hedge
exceeds 0.6 metres (2 feet) above the level of the adjacent sidewalk or, where
no sidewalk exists, the grade as established by the Engineer. To prevent persons
from crossing boulevards at the corners of highways and damaging the same, the
Engineer may approve fences which do not constitute a visual hazard on a site
specific basis, such as post and rail or wide mesh chain link when erected
diagonally from the corner of the house to the intersection of the street lines.
(See set fine)
722.3.5
Plantings - existing - not hazard - exemption
Despite Section 722.3.4, the Engineer may authorize existing hedge-rows,
plantings and fences or may permit new hedgerows, plantings or fences that are
not deemed to constitute a visual hazard.
722.3.6
Property line - determination - owner expense
Every person, before fencing or planting a hedge on his or her property along any
highway or public place, shall ascertain, at his/her expense, the correct line of
the highway adjacent to and bounding such property, from a legally qualified
provincial land surveyor where it is necessary and such person shall file in the
Engineer's office plans and data of the said lines when required.
722.3.7
Fence - unlawful on highway - removal owner expense
Any fence or hedge placed unlawfully upon or over a highway, either wholly or
partly, shall be removed and the road restored to its former condition, all at the
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expense of the owner or occupant of the land in connection with which such fence
or hedge exists.
722.3.8
Entry - on private property - maintenance - repairs
An owner of any fence or the agent or employee of the owner, at reasonable times
during daylight hours, may enter upon any adjoining land for the purpose of
making repairs, alterations or improvements to such fence but only to the
extent necessary to affect such repairs, alterations or improvements and shall
leave the adjoining property in the same condition as it was prior to such entry.
722.3.9
Entry on private property - permission
Prior to making such entry, the owner or the agent of such owner shall make a
reasonable attempt to obtain the permission of the owner of the adjoining land.
722.3.10
Line fence - sharing of costs
Each of the owners of adjoining occupied land shall repair, replace or maintain
just proportions of any line fence heretofore or hereafter erected which marks
the boundary of their respective properties, or shall bear a just proportion of
the cost of any work of erection, repair, replacement or maintenance which has
been carried out.
722.3.11
Fence type - non-agreement - apportionment of cost
Where owners of adjoining land cannot agree on the type or kind of fence to be
erected between them as provided by Section 722.3.10, the contribution to the
cost thereof shall be limited to the cost to construct one-half of a chain link fence
1.22 metres (4 feet) in height. Only upon such fence being constructed shall the
provisions of Section 722.3.10 apply respecting the apportionment of costs of
the said fence.
722.3.12
Notice - to adjoining owner - apportionment of cost
An owner desiring to enforce the provisions of Sections 722.3.10 and 722.3.11
shall deliver to the owner or occupant of the adjoining land a notice by registered
mail requiring him/her to comply with this Chapter and, if such compliance does
not take place within 30 days after the service of the notice, the owner serving
the notice may do the work that this Chapter authorizes and may take civil
proceedings to recover the value of the work and the cost from the said
adjoining owner or occupant.
722.3.13
Line Fences Act - not applicable - upon enactment
From and after the coming into effect of the enabling Chapter, the Line Fences
Act shall no longer apply in the City of Woodstock.
722.3.14
Barbed wire - use - restriction
No person shall construct or maintain a fence wholly or partly of barbed wire
or any other barbed material or of high tensile steel unless it is constructed not
less than 1.8 metres (6 feet) from the level of the ground on which the fence is
erected and is not located on a property which is zoned for residential purposes
according to the City of Woodstock zoning by-law, as amended. (See set fine)
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722.3.15
Electric fence - use - restriction
No person shall use any device for projecting an electric current through or in
conjunction with a fence. Notwithstanding the aforementioned, this provision
shall not apply to those lands and premises which, according to records on file
in the assessment department, are defined as farmlands.
Article 4 - Residential Property
722.4.1
Repealed: By-law 8786-12, June 7, 2012
722.4.2
Repealed: By-law 8786-12, June 7, 2012
722.4.3
Repealed: By-law 8786-12, June 7, 2012
722.4.4
Repealed: By-law 8786-12, June 7, 2012
722.4.5
Fences on interior lots - height - location
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on an interior lot used for residential purposes
except in accordance with all of the following provisions:
a) a fence within a front yard located within 6 metres (20 feet) of a street
line shall not exceed a height of 0.91 metres (3 feet); (See Set Fine)
b) a fence within any rear yard or interior side yard shall not exceed a height
of 2.13 metres (7 feet) and; (See set fine)
c) a fence shall not block access to a parking space as required by the zoning
by-law unless such fence is constructed with a gate at least 2.59 metres
(8.5 feet) wide allowing access to such parking space.
722.4.6
Fences on corner lots - height - location
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a corner lot used for residential purposes
except in accordance with all of the following provisions: (See set fine)
a) a fence within a front yard located within 6.0 metres (20 feet) of a street
line shall not exceed a height of
0.91 metres (3 feet);
b) a fence within an interior side yard shall not exceed a height of 2.13
metres (7 feet);
c) a fence within an exterior side yard or rear yard shall not exceed a height
of:
i) 1.82 metres (6 feet) if less than 4.57m (15 feet) from the exterior
lot line and;
Page 9 of 14
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June 7, 2012
ii) 2.13 metres (7 feet) if at least 4.57 metres (15 feet) from the
exterior side lot line.
d) a fence within a corner visibility triangle shall not exceed a height of 0.61
metres (2 feet);
e) a fence within a driveway visibility triangle shall not exceed a height of
0.91 metres (3 feet) and;
f) a fence shall not be located or constructed so as to block access to a
parking space required by the zoning by-law unless such fence is
constructed with a gate at least 2.59 metres (8.5 feet) wide giving access
to such parking space.
722.4.7
Height - maximum - rear yard
Subject to Section 722.4.6 (e), any fence erected in a rear yard or an interior side
yard shall have a maximum height of 2.5 metres (8 feet), as measured from
grade, where such yard abuts a commercial, industrial or institutional property.
722.4.8
Privacy screening - elevated deck - exempt
Privacy screening which forms part of an elevated deck shall not be subject to
the aforementioned height limitations, however, cannot exceed 2.13 metres (7
feet) in height from the top of the deck floor, provided that the elevated deck
conforms to the required zoning by-law setback from property lines.
722.4.9
Sound barrier - exemption
The height restrictions set out in this Chapter shall not apply to any fence
constructed as a sound barrier as part of a subdivision approval.
722.4.10
Height restriction - exemption
Despite Sections 722.4.5 and 722.4.6, a fence located within a driveway
visibility triangle may be erected to a maximum height of 1.8 metres (6 feet) if
the area of daylight visible through the fence is at least 60 percent of the surface
area and where, in the opinion of the Engineer, such fence will not result in a
visibility problem to vehicular and pedestrian traffic.
Article 5 - Pool Enclosures
722.5.1
Required - maintained adequate - prevention of entry
No person shall own, have or maintain a privately-owned swimming pool unless
such pool or the land or a part of the land on which such pool is located is
fenced or enclosed in accordance with the provisions set out in this Chapter.
(See set fine)
722.5.2
Hydro massage pool - locking covers
No person shall install or maintain an exterior hydro massage pool unless it has a
cover with a locking mechanism on each portion of the cover that is intended to
be open when the hydro massage pool is in use or is enclosed by a swimming
Page 10 of 14
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June 7, 2012
pool enclosure in compliance with this Chapter. (See set fine)
722.5.3
Swimming pool enclosure permit - required
No person shall construct or install a privately-owned swimming pool or a hydro
massage pool without a lockable cover without obtaining a swimming pool
enclosure permit from the City of Woodstock. (See set fine)
722.5.4
Schedule 'A' - cost
The fee for the swimming pool enclosure permit shall be as provided for in
Schedule 'A'.
722.5.5
Repealed: By-law 8786-12, June 7, 2012
722.5.6
Temporary fencing - limitation
Despite Section 722.5.3, a temporary fence consisting of snow fencing or an
approved alternative may be installed for a maximum period of fourteen days
where construction equipment is required to enter the enclosure or a fence is
being installed or replaced.
722.5.7
Existing enclosure - conforming - prior to enactment
Nothing in this Chapter shall be interpreted to require the alteration of any
swimming pool fence, gate or enclosure where same was in compliance with those
standards in existence at the time of construction where such privately-owned
swimming pool existed prior to the 19th day of March 1987 provided such
enclosure is maintained to the following minimum requirements:
a) the enclosure is constructed of fencing that is continuous with no gaps or
voids;
b) a minimum fence height of 1.2 metres (4 feet) is maintained for the entire
enclosure;
c) the rigidity of the fence is adequate in the opinion of the Engineer and;
d) any gate providing access to the privately-owned swimming pool is
equipped with a device that will independently close and latch the gate.
722.5.8
Height - minimum requirement
Every fence, including gates, enclosing a privately-owned swimming pool shall
extend above grade to a height of not less than 1.5 metres (5 feet) as measured
on the outside of the enclosure. Any fence constructed to a height less than
1.8 metres (6 feet) shall not be located closer than 1.2 metres (4 feet) to a
climbable object on the outside of the enclosure.
722.5.9
Repealed: By-law 8786-12, June 7, 2012
722.5.10
Wall - forming part of enclosure - conditions
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When a wall of a building forms part of an enclosure it may be considered to
provide adequate protection for its length when substituted for any portion of a
fence when all doors located in such wall within non-habitable rooms are
equipped with locks and self-closing and latching devices, and any building
which is continuously occupied all doors are locked when it is not occupied.
722.5.11
Hedgerows - use as enclosure - subject to inspection
Dense and continuous hedgerows that comply with the height requirements
herein that incorporate non-compliant fencing and that, in the opinion of the
Engineer, provide adequate enclosure protection may be substituted for the
fences prescribed herein.
722.5.12
Gate - self-closing - self-latching - requirements
No person shall maintain a gate in a swimming pool enclosure unless it is
equipped with a self-closing device, latch and locking mechanism at the top and
on the inside of the gate that will independently bring the gate to a closed
latched position. If the latching device is located not less than 1.2 metres (4
feet) above grade, it may be placed on the outside of the gate.
722.5.13
Gate - doors - locked - when not supervised
The owner and every adult person in care and control of a privately-owned
swimming pool shall ensure that every gate and door required as part of a pool
fence enclosure shall be kept locked at all times unless an adult person is
present and actively supervising the swimming pool.
722.5.14
Hydro massage pool - exemption - conditions
A structure known as a hydro massage pool shall be exempted from the
provisions of this Chapter provided that it is adequately secured by a rigid cover
equipped with a locking device, which cover shall be kept in place over the hydro
massage pool when not in use.
722.5.15
Fence - requirements
Every fence enclosing a swimming pool shall be constructed so that:
a) it does not facilitate access to the privately-owned swimming pool by
climbing, crawling or any other way save as hereinafter set out;
b) for chain link fencing with links not exceeding 38 millimetres (1.5 inches)
shall be used when such fence extends from the ground for a height of not
less than 1.5 metres (5 feet) and;
c) for chain link fencing with links not exceeding 50 millimetres (2 inches)
shall be used when such fence extends from the ground to a height of not
less than 1.8 metres (6 feet).
722.5.16
Alternative materials - as fence - requirements
A fence or its equivalent forming part of an enclosure, that differs from the
specifications set out in Sections 722.5.15 may be approved by the Engineer
Page 12 of 14
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provided that, in the opinion of the Engineer, its construction and rigidity is equal
to that specified and an equivalent degree of safety is maintained.
Article 6 - Appeals Property Standards Committee
722.6.1
Repealed: By-law 8786-12, June 7, 2012
722.6.2
Repealed: By-law 8786-12, June 7, 2012
722.6.3
Order served - right to appeal - deadline
When an owner or occupant upon whom an order has been served with respect to
the provisions of Article 4 of this Chapter is not satisfied with the terms and
conditions of the order or the requirements of this Chapter, he/she may appeal to
the Property Standards Committee by sending a notice of appeal to the Engineer
within seven days after service of the order and, in the event that no appeal is
taken, the order shall be deemed to have been confirmed at the end of such
period of appeal.
722.6.4
Request for relief
When an owner or occupant, prior to the installation of new works or the
replacement of existing works, wishes to seek relief with respect to the provisions
of Article 4, he/she may submit a request for such relief to the Property
Standards Committee by sending the request to the Engineer accompanied by
the required fee. The Committee shall advise the applicant of its ruling in a
timely fashion.
722.6.5
Fee - set out
The fee to appeal to, or request relief from, the Property Standards Committee
under Sections 722.6.3 and 722.6.4 shall be $110.
Article 7 - Enforcement
722.7.1
Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is guilty of an
offence and upon conviction is liable to a fine or penalty as provided in the
Provincial Offences Act.
722.7.2
Compliance - all occupants of property
Every adult person in occupation or control of any land in the City of Woodstock,
on behalf of or with the consent of the owner, is subject to all of the obligations
of the owner for the purposes of this Chapter.
722.7.3
Application - all land within City
The provisions of this Chapter shall apply to all lands within the City of
Woodstock.
722.7.4
Enforcement - permit inspections
The enforcement of the provisions of this Chapter shall be conducted by an
officer of the City of Woodstock.
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722.7.5
Inspection - right of entry
An Officer or Building Inspector as appointed by the City of Woodstock may
enter on land at any reasonable time for the purpose of carrying out an inspection
to determine whether or not this Chapter is being complied with. Entry to any
place actually being used as a dwelling unit shall be subject to the requirements of
the Municipal Act, 2001.
Article 8 Repeal - Enactment
722.8.1
Chapters - previous
Municipal Code Chapter 722 - Fence - Height - Description, is hereby repealed
and replaced.
722.8.2
Effective date
This Chapter shall become effective as of third and final reading of the enabling
by-law. By-law 8786-12, June 7, 2012.
Page 14 of 14
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Schedule 'A'
Swimming Pool Enclosure Permit Fee
Swimming Pool Enclosure Permit Fee $65.00.