HomeMy WebLinkAboutKIN 98 030 Repealed by No.01 58
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AfWSNO-EQ/REPEALED BY
BYLAW NO. J Cl Ò/- 5'1
DATEn IL-/e.. v J ~ ;z ðt) I
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NUMBER 1998 - 30
OF THE CORPORATION OF
THE TOWN OF KINCARDINE
A BYLAW TO PROVIDE FOR THE FENCING OF PRIVATELY OWNED
SWIMMING POOLS
WHEREAS pursuant to paragraph 30 of section 210 of the Municipal Act, RS.O. 1990,
c. M45, as amended, a by-law may be passed to issue permits for swimming pool fences
and to prescribe safety standards for privately owned outdoor swimming pools,
WHEREAS section 220.1 of the Municipal Act, RS.O. 1990, c. M45, as amended by
section 10 of Schedule M of the Savings and Restructuring Act, 1996 provides that the
Council may by by-law impose fees for services and activities provided or done by or on
behalf of The Corporation of the Town ofKincardine~
AND WHEREAS it is expedient to impose fees for certain services provided by the
Building Department~
NOW THEREFORE the Municipal Council of The Corporation of the Town of
Kincardine ENACTS as follows:
In this by-law:
1.
(a)
"Fence" means either:
(i) Chain link fencing, of at least 13 gauge, of not less than one and
one-half (1.5) metres (5 feet) and supported by iron posts set in
concrete to a depth of at least six tenths (0.6) metres (2 feet) and
space not more than three (3) metres (10) feet apart, with a
supporting rail along the top of the fence between posts~ and
(ii) A privacy fence with the material installed vertically and such
fence being no less than one and one-half (1.5) metres (5) feet in
height.
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By-law No. 1998 - 30
Fencing of Privately Owned Swimming Pools
Page 2 of3
(b)
"Swimming Pool" means any structure, basin, chamber or tank
containing an artificial body of water for swimming, diving or recreational
bathing:
(a) has a depth of more than 75 centimetre (29.5 inches) at any point,
and~
(b) has a surface area of more than 1 square metre (10.8 square feet),
and~
(c) is not under the jurisdiction of the Building Code, and~
(d) is not completely inside a building, and~
( e) is not owned by government or a local board or commission
constituted under any statute or by-law, and~
(t) is not a pond or reservoir to be utilized for farming purposes~ and
(g) but excludes hydro massage pools, and~
(h) excludes storm water management ponds.
2.
Every owner of a privately owned outdoor swimming pool shall erect and
maintain completely around such pool a fence. The height of the swimming pool
fence shall be measured ftom the ground level on the outside of the enclosure and
shall be constructed of sturdy construction, capable of preventing unauthorized
entry.
(i) No part of the fence shall be less than one and two-tenths (1.2) metres (4)
feet ftom the edge of the water in the pool.
(ii) Every fence shall have all gates which shall be the same height as the
fence, shall be supported by substantial hinges and shall be equipped with
a self-closing, self-latching device which shall be placed on the top on the
inside öf the gate. A self latching device that can be opened without a key
ftom the outside shall not be less than 122 centimetres (48) inches above
ground level.
(ill) Such gates shall be kept closed and locked at all times when the owner of
the swimming pool or his or her duly authorized agent is not present and
supervising the swimming pool.
(iv) Every fence shall have a clearance ftom the ground to the under side of the
pool fence than would prevent the passage of a spherical object having a
diameter of 10 centimetres (4 inches).
(v) The provisions of the By-Law requiring erection of a fence shall not apply
if the entire outside wall of the swimming pool is elevated at least one and
one-half (1.5) metres (5) feet above the grade of the ground abutting such
wall and each entrance to the pool is protected by a gate of a height equal
to the height of the pool and having self closing, self-latching devices as
provided in Section 2 (ii) and (iii) and/or detachable ladder which shall be
removed ftom the pool at all times when such pool is not under competent
supervision.
(vi) No part of such fence shall consist of barbed wire.
(vii) Any device for projecting an electric current through such fence is
prohibited.
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By-law No. 1998 - 30
Fencing of Privately owned Swimming Pools
Page 3 of3
3.
A permit shall be obtained fÌ"om the Chief Building Official of the Town of
Kincardine by the owner or his legally authorized agent for the excavation and
construction of the outdoor swimming pool, fences and gates. No such work shall
be commenced and no person shall proceed with any such work until a permit
therefore has been first obtained ftom the Building Department.
4.
No owner of a privately owned outdoor swimming pool shall release or permit to
remain any water in such swimming pool until a fence has been erected in
accordance with this By-Law.
5.
Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial
Offence Act.
6.
The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted, and such order shall be in
addition to any other penalty imposed on the person convicted.
7. Where anything required to be done in accordance with this by-law is not done,
the Chief Building Official for the Corporation of the Town of Kincardine
appointed pursuant to the Building Code Act may, upon such notice as he deems
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.
8. That By-laws No. 4555 passed on the 6tlt day of October 1983 and all of its
amendments are hereby repealed.
9. This by-law shall come into full force and effect on it final passing.
10. This by-law may be cited as the "Fencing of Private Swimming Pools" By-law.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this
9tlt day of July, 1998.
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Mayor
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Clerk