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Swimming Pool By-law 01-05-87

BY-LAW NUMBER 01-05-87 as amended

Being a By-Law to regulate fences around privately owned swimming pools in the Corporation of the Township of Laurentian Valley and to repeal By-Law Number 63-01-99 of the former Townships of Stafford and Pembroke and By-Law Number 77-471, as amended, of the former Township of Alice & Fraser.

includes amended portion from By-law 2009-01-002 
 


WHEREAS, the Council of the Corporation of the Township of Laurentian Valley deems it advisable and expedient to enact this By-Law;

AND WHEREAS, Paragraph 30 of Section 210 of the Municipal Act, R.S.O., 1990, Chapter 302, as amended, authorizes the Municipality to pass By-Laws to require owners of privately owned swimming pools to erect and maintain fences and gates around such swimming pools, for prescribing the height and description of and the manner of erecting and maintaining such fences and gates, for prohibiting persons from placing water in privately owned outdoor swimming pools or allowing water to remain therein until the prescribed fences and gates have been erected, for requiring the production of plans of all such fences and gates, for the issuing of a permit certifying approval of such fences and gates, for the issuing of a permit certifying approval of such plans without which permit no privately owned outdoor swimming pool may be excavated for or erected and for authorizing the refusal of a permit for any such fences or gates that if erected would be contrary to the provisions of any By-Law of the Municipality;
 
NOW THEREFORE, the Council of the Corporation of the Township of Laurentian enacts as follows: 

1.1 TITLE

(a)   This By-Law shall be known and may be cited as “THE SECURITY OF PRIVATELY OWNED SWIMMING POOL BY-LAW”.
 
2.1 DEFINITIONS

  (a)   “CHIEF BUILDING OFFICIAL” shall mean the Chief Building Official appointed by Council under Section 3 of the Ontario Building Code Act.
 
  (b)   “TOWNSHIP” shall mean the Corporation of the Township of Laurentian Valley.
 
  (c)   “ENCLOSURE” shall mean a fence, wall or other structure, including doors and gates, surrounding a privately owned outdoor swimming pool to restrict access thereto.
 
  (d)   “PERSON” shall include a Firm Partnership, Company, Corporation, Contractor of Owner.
 
  (e)   “PRIVATELY OWNED SWIMMING POOL” shall mean a privately owned outdoor body of water contained in part or in whole by artificial means, which hold water in excess of eighteen (18) inches in depth.
 
3.1 ENCLOSURES

  (a)   No person shall construct a privately owned outdoor swimming pool or erect a fence around same without first acquiring the necessary permit or permits from the Chief Building Official. The application for a permit shall include a plot plan satisfactory to the Chief Building Official.

  (b)   No person shall have a privately owned outdoor swimming pool in the Township unless the area is completely enclosed by fencing in compliance with the requirements of this By-Law.
  1. Such fencing, including gates therein shall extend from the ground to the height of not less than 1.5 metres (5 feet) and shall fulfill the intent of prohibiting unauthorized trespass into the pool area.
  (c)   A fence forming part of such enclosure shall have no rails or other horizontal or diagonal bracing or attachments on the outside face that may facilitate climbing; between 10.16 centimetres (4.0 inches) and 1.524 metres (5.0 feet) from grade, and depending on the construction materials used for the fencing shall also be in accordance with the applicable provisions of Section 3.1(c)(i) through 3.1(c)(vi): :
  1. Wrought Iron or Other Like Metal Type Fencing:

    • The owner may construct a swimming pool enclosure using wrought iron or other like metal type fencing. If this type of fencing is selected, the wrought iron or other like metal type fencing shall extend from the ground for a height of not less than 1.524 metres (5.0 feet) and not more than 1.98 metres (6.5 feet). Such fencing shall have the horizontal rails more than 1.219 metres (4.0 feet) apart measured vertically from the top of the bottom horizontal rail to the top of the next closest horizontal rail, and have an opening between the vertical members not exceeding 10.16 centimetres (4.0 inches).”
       
  2. Chain Link - A fence of Chain Link construction shall comprise the following:

    • A mesh not greater than 38 millimetres ( 1 and ½ inches) consisting of 12 gauge galvanized steel wire, or of 14 gauge steel wire covered with vinyl or other approved plastic which would yield a total thickness equivalent to 12 gauge wire.
       
    • Galvanized steel supporting posts spaced at maximum 3.0 metres (10 feet) intervals, and extended at least 1.2 metres (4 feet) below grade.
       
    • End posts and corner posts of minimum 48 millimetres (1 and 7/8 inches) diameter encased in concrete at least 50 millimetres (2 inches) thick all around below grade.
       
    • Intermediate posts of minimum 38 millimetres (1 and ½ inch) diameter encased in concrete at least 50 millimetres (2 inches) thick all around below grade when more than 15 metres (50 feet) from an end post, a corner post or an intermediate post that is similarly encased.
       
  3. Vertical Board - A fence of vertical board construction shall:

    • Have vertical boarding 25 millimetres (1 inch) thick nominal attached to a top and bottom rail in such a manner as to not facilitate climbing from the outside. Such vertical boards must not be less than 23 millimetres x 100 millimetres (1 inch x 4 inches) nominal and must be spaced not more than 100 millimetres (4 inches) apart.
       
    • Be supported by posts at least 100 millimetres x 100 millimetres (4 inches x 4 inches) nominal, spaced not more than 2.4 metres (8 feet) apart. Such posts shall extend at least 1.2 metres (4 feet) into the ground and be securely embedded therein. The portion below grade shall be treated with an approved wood preservative or be of pressure treated wood.
       
    • Have top and bottom rails of at least 50 millimetres x 100 millimetres (2 inches x 4 inches) nominal dimensions.
       
    • Have no openings that would allow the passage of a spherical object having a diameter larger than 100 millimetres (4 inches).
       
  4. Other Types - Other types of fences including retaining walls and deck guards to serve as pool fences shall be constructed in accordance with the requirements of the Ontario Building Code and shall have no vertical opening greater than 50 millimetres (2 inches).
     
  5. Temporary Fence - A temporary fence shall consist of 1.2 metre (4 feet) high plastic mesh fence having a mesh not greater than 38 millimetres (1.5 inches), with a steel T-bar post every 3 metres (10 feet) maximum and a 9 gauge galvanized steel wire located at the top and bottom of such fence. A temporary fence shall be permitted during construction of a pool and must be replaced prior to the pool being used.
     
  6. Shall include no part consisting of barbed wire or have no similar dangerous characteristics such as a device for projecting electric current through the fence. 
4.1 SECURITY

  (a)   Gates shall be of the same construction and height to that required for the fence.
 
  (b)   Gates shall be supported on substantial hinges.
 
  (c)   Gates shall be equipped with self-closing and self-latching devices placed at the top and on the pool side of the gate or equipped with a lock.
 
  (d)   The swimming pool area must be secured at all times except when actually used by the owner, his family of persons authorized by the owner to use the pool.
 
  (e)   A fence erected on the owner’s property which complies with the provisions of this By-Law shall be deemed a sufficient fence, if it completely fences in the yard in which the swimming pool is located, but in no case shall the fence be closer to the nearest inside wetted surface of the swimming pool wall than four (4) feet.
 
  (f)   No pool fence shall be located closer than four (4) feet to any condition that facilitates the climbing of the enclosure, unless alternative measures are implemented to provide an equivalent level of safety as set out in this By-Law.
 
  (g)   A wall or walls of a building or buildings may form part of such fence provided that all doors affording access from a building directly to an enclosed swimming pool area, other than doors located in a dwelling unit, are equipped with a self closing device and self-latching device located not less that forty-eight(48) inches above the bottom of the door.
 
  (h)   The owner of every pool shall ensure that every gate or door providing access to such swimming pool be kept locked at all times when a responsible person is not present and supervising the pool.
 
   (i)   All waste water by way of a back washing system, must be drained into the sanitary sewer system or a dry well, and not onto the ground or surface area surrounding the property with a trap system in the drainage line.
 
5.1 ADMINISTRATION AND ENFORCEMENT
 
  (a)   The administration and enforcement of the By-Law shall be under the authority of the Building Inspector of the Corporation of the Township of Laurentian Valley.
 
  (b)   The provisions of this By-Law shall apply to all installations or alterations of privately owned outdoor swimming pools regardless of the date of construction of such swimming pool.
 
6.1 OFFENCES
 
  (a)   Any person who contravenes any section of this By-Law is guilty of an offense and liable upon conviction to a fine of not more than $5,000.00 exclusive of costs and such fine shall be recoverable under the provisions of the Provincial Offenses Act.
 
7.1 EFFECTIVE DATE
 
  (a)   This By-Law shall come into force and take effect upon the final passing thereof.
 
8.1 REPEAL OF EXISTING BY-LAWS
 
  (a)   By-Law Number 63-01-99 of the former Townships of Stafford and Pembroke and By-Law Number 77-471 as amended, of the former Township of Alice & Fraser are hereby repealed.
 
Read a FIRST and SECOND time this 1 day of May, 2001.
 
Read a THIRD time and FINALLY passed this 1 day of May, 2001.
 
REEVE: Jack Wilson CAO: Darrel Ryan