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TOWN OF LANGHAM
BYLAW 2011-05
PRIVATE SWIMMING POOLS BYLAW
The Council of the Town of Langham in the Province of Saskatchewan enacts as follows:
Short Title
1.
This Bylaw may be cited as The Private Swimming Pools Bylaw, 2011.
Purpose
2.
The purpose of this Bylaw is:
(a) to control and regulate the construction, erection, maintenance, repair and demolition
of private swimming pools; and
(b) to specify, regulate and enforce the use of safety measures in connection with private
swimming pools.
Definitions
3.
In this Bylaw,
(a) "Town" means The Town of Langham;
(b) "horizontal structural member" means a main part of a fence to which other parts are
attached and which runs parallel to grade;
(c) "occupant" includes a person residing at a property upon which a private swimming
pool is situate or a person entitled to the property's possession if there is no person
residing there and a leaseholder;
(d) "owner" means a person who has any right, title, estate or interest in a property upon
which a private swimming pool is situate; and
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(e) "private swimming pool" means an artificially created basin, lined with concrete,
fiberglass, vinyl or similar material, intended to contain water for the use of persons for
swimming, diving, wading or other similar activity, which is at least 600 millimeters in
depth, and includes pools situated on top of the ground and hot tubs.
Application
4.
Except as otherwise provided, this Bylaw applies to all private swimming pools,
including those in existence prior to the passage of this Bylaw.
Permit
5.
(1)
A person must obtain a swimming pool construction permit from the Town
prior to the construction, erection or demolition of a private swimming pool.
(2)
In order to obtain a swimming pool construction permit, a person must file an
application in the prescribed form in writing with the Town which includes a site
plan and pool specifications and pay a fee of $50.00.
Enclosure
6.
(1) Every private swimming pool must be enclosed in accordance with this Section.
(2) The enclosure must be built prior to the swimming pool being filled with water.
(3) The enclosure must be properly maintained to comply with this Bylaw at all times.
(4) The enclosure must meet the following minimum standards:
(a) the enclosure must have a minimum height of 1.5 meters measured on the
exterior, or non-pool, side from the top of the enclosure to the nearest platform,
deck or grade;
(b) the enclosure must not contain any gaps or openings which exceed 20
millimeters measured horizontally from one side of the gap or opening to the
other; and
(c) notwithstanding subsection 6(4)(b) of this Bylaw, if a fence forms part of an
enclosure, the following will apply:
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(i) parallel horizontal structural members, the tops of which are at least
1100 millimeters apart, as illustrated in the following diagram, may be
located on the outside or non-pool side of the fence;
(ii) parallel horizontal structural members, the tops of which are less than
1100 millimeters apart, must be on the inside or pool side of the fence;
(iii) gaps of up to 100 millimeters are permitted between vertical fence
boards or other vertical structural members if parallel horizontal structural
members are spaced at least 1100 millimeters apart;
(iv) where diagonal structural members are used, they must be on the
inside or pool side of the fence and gaps between the vertical members
must not exceed 20 millimeters; and
(v) if the fence is chain link, the mesh size must not exceed 50 millimeters
and the wire core must not be less than 11 gauge.
Gates and Self-Closing Devices
7.
(1)
A gate which forms part of an enclosure must comply with the following:
(a) a gate must comply with the requirements for fences in Section 6(4) of this
Bylaw;
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(b) all gates must be installed to swing outward in the direction away from the
swimming pool;
(c) all gates must be equipped with a self-closing device designed to return the
gate to the closed position after each use, a self-latching device designed to hold
the gate in the closed position after each use, and a locking device;
(d) the self-closing device, the self-latching device and the locking device must be
maintained in working order at all times; and
(e) all gates must be anchored to fixed posts or secure structures on both the hinge
and latch sides.
(2)
The requirement in Section 7(1)(b) does not apply to swimming pools constructed
before the passage of this Bylaw.
Securing of Swimming Pool
8.
When a swimming pool is not attended by the owner or occupant, gates, doors and other
entrances to the swimming pool area must be locked.
Hot Tubs
9.
In the case of a private swimming pool which is a hot tub the requirements of Sections 5,
6, 7 and 8 of this Bylaw do not apply if all of the following provisions are complied with:
(a) the hot tub does not exceed 2.4 meters across the widest portion of the water
surface;
(b) the hot tub has a cover with the strength to support at least fifty (50) pounds
sitting on the top;
(c) the hot tub has a lockable device to prevent access to the water by
unauthorized persons; and
(d) the cover is maintained in place and locked at all times when the hot tub is
unsupervised.
Walkway
10.
(1)
Within the enclosure, a swimming pool must have a properly maintained
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access walkway around the swimming pool with a minimum width of 750
millimeters. The walkway must be within 1200 millimeters of the top of the
swimming pool.
(2)
The requirement found in Section 10(1) does not apply to swimming pools
constructed before June 7, 1971.
Safety Devices
11.
The owner or occupant must have the following equipment present at the swimming pool
at all times:
(a) a reaching pole of sufficient length to reach mid-pool;
(b) a first aid kit; and
(c) a buoy and rope of sufficient length to reach across the swimming pool.
Drainage System
12.
(1)
A swimming pool must have a discharge system which allows the swimming
pool to drain into the sanitary sewer of the property upon which the swimming
pool is located and which complies with all relevant legislation governing
plumbing and drainage. The rate of discharge must not exceed 90 litres a minute.
(2)
No person shall drain the water of a swimming pool into any adjacent public or
private property or any street, lane or walkway.
Offences and Penalties
13.
(1)
Every person who contravenes a provision of this Bylaw is guilty of
an offence and liable on summary conviction to a minimum fine of $100.00 and a
maximum fine of $1,000.00.
(2)
A conviction for a contravention of any provision of this Bylaw does not relieve
the person convicted from complying with this Bylaw, and the convicting judge
or justice may, in addition to the fine imposed, order the person to do any act or
work, within a specified time, to comply with the Bylaw.
(3)
The Court may, in default of payment of a fine imposed under this Bylaw, order
imprisonment of an individual for a term not exceeding one year.
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Coming into Force
14.
This Bylaw comes into force on the day of its final passing.
READ A FIRST TIME THIS 19th Day of September, 2011
READ A SECOND TIME THIS 19th Day of September, 2011
READ A THIRD TIME AND PASSED THIS 19th Day of September, 2011
_______________________________
MAYOR
_______________________________
SEAL
ADMINISTRATOR