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## BYLAW NO. 2020-02
## A BYLAW OF THE TOWN OF MILESTONE TO CONTROL AND REGULATE PRIVATE SWIMMING POOLS
The Council of the Town of Milestone enacts:
## Short Title
- 1 This Bylaw may be cited as The Private Swimming Pools Bylaw.
## Purpose
- 2 The purpose of this Bylaw is:
- to control and regulate the construction, erection, maintenance, repair and demolition of private swimming pools; and
- 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 Milestone;
- b) "horizontal structural member" means a main part of a fence to which other parts are attached and which runs parallel to grade;
4. "occupant" includes a person residing at a property upon which a private swimming pool is situated 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 situated; and
- e) "private swimming pool" means an artificially created basin, lined with concrete, fiberglass, vinyl or similar material, constructed below ground level or above ground level, including hot tubs, intended for the containment of water for the use of persons for swimming, diving, wading or other similar activity, which is at least 600 millimeters in depth for use by the owner or tenant of the property upon which the swimming pool is located or by their family or invited guests; and shall deem to mean permanent in place structures or structures considered moveable/temporary in nature.
## Application
4. This Bylaw applies to all private swimming pools constructed after the final passage of this Bylaw.
## Permit
5. (1) A person must obtain a building permit from the Town prior to the construction, erection or demolition of a private swimming pool.
- (2) In order to obtain a building permit, a person must file with the Town a site plan and pool specifications.
## 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) he enclosure must not contain any gaps or openings which exceed 2 illimeters measured horizontally from one side of the gap or opening t the other; and
- c) notwithstanding subsection 6(4)b) of this Bylaw, if a fence forms part of an enclosure, the following will apply:
8. (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
9. (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;
10. (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;
11. (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
12. (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.
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## Gates and Self-Closing Devices
7. (1) A gate which forms part of an enclosure must comply with the following:
2. (a) a gate must comply with the requirements for fences in Section 6(4) of this Bylaw;
3. (b) all gates must be installed to swing outward in the direction away from the swimming pool;
4. (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;
5. (d) the self-closing device, the self-latching device and the locking device must be maintained in working order at all times; and
6. (e) all gates must be anchored to fixed posts or secure structures on both the hinge and latch sides.
## 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
- In the case of a private swimming pool which is a hot tub the requirements of Section 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 the weight of an adult walking across 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. Within the enclosure, a swimming pool must have a properly maintained 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.
## Safety Devices
11. The owner or occupant must have the following equipment present at the swimming pool at all times:
2. (a) a reaching pole of sufficient length to reach mid-pool;
3. (b) a first aid kit; and
4. (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 liters 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.
- Q) 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.
## Coming Into Force
14. This Bylaw comes into force on the day of its final passing. INTRODUCED AND READ A FIRST TIME THIS 9* DAY OF JUNE 2020 READ A SECOND TIME THIS 9IH DAY OF JUNE, 2020.
READ A THIRD AND FINAL TIME ON THE UNANIMOUS CONSENT OF THE COUNCIL PRESENT THIS 9TH DAY OF JUNE, 2020.
(SEAL)
Certified a true copy of the original bylaw passed by the resolution of the council present attheir regular meeting held on the 9™H day
Administrator
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