HomeMy WebLinkAboutKIN 83 4555 Amended by No.98 30
AMENDED/REPEALED BY
BYlAW NO. /<¡?I -¡; 0
Jul /S-~' /f'1/
DATEn Y eel'lfðll:'J<TION OF THE
AMENDED/REPEALED BY
BYlAW NO. /1<;,j· }Q
DATED J",~ 9". /'111
TOWN OF KINCA INE
BY-LAW NO. 4555
A By-law of the Corporation of the Town
of Kincardine to provide for the Fencing
of privately owned swimming pools.
.
WHEREAS by Section 210 subsection 23, Chapter 302, R.S.O. 1980
and amendments thereto, by-laws may be passed for requiring
owners of privately owned outdoor swimming pools to erect and
maintain fences and gates around such swimming pools and for
prescribing the height and description of and the manner of
erecting and maintaining such fences and gates.
NOW THEREFORE the 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 two-tenths (1.2) metres
(4 feet) and supported by iron posts set in
concrete to a depth of at least six tenths
(0.6) metres (2 feet) and spaced 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 not less than
one and one-half (1.5) metres (6 feet) in
height.
(b) "swimming pool" means any structure, basin, chamber
or tank containing an artificial body of water for
swimming, diving or recreational bathing and having
a water depth of 0.76 metres' (2,5 feet); a,t any
point.
2. Every owner of a privately owned outdoor swimming pool shall
erect and maintain completely around such pool a fence.
In the case of an in-ground outdoor swimming pool, no part
of the fence shall be less than one and two-tenths (1.2)
metres (4 feet) from the edge of the water in the pool.
3. Every fence shall have one gate only which shall have the
same height as the fence, be supported by substantial hinges
and be equipped with self-closing, self-locking devices
and a locking device all placed on the top on the inside of
the gate.
4. Such fence shall be so located that entry to the swimming
pool area shall be possible by means of one gate only in
the enclosing fence.
5. No part of such fence shall consist of barbed wire.
.
6. Any device for projecting an electric current through such
fence is prohibited.
7. Such gate shall be kept closed and locked at all times when
the owner of the swimming pool or his duly authorized agent is
not present and supervising the swimming pool.
8. 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 two-tenths (1.2) metres
(4 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 se1f-
closing, self-locking devices as provided in Section 3 and/
or a detachable ladder which shall be removed from the
pool at all times when such pool is not under competent
supervision.
.....2
.
.
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9. A permit shall be obtained from the Building Inspector 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 gate. No such work shall be
commenced and no person shall proceed with any such work until
a permit therefor has been first obtained from the Building
Inspector.
10. 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.
11. Transitional prov~s~ons. The owners of existing privately
owned outdoor swimming pools shall be granted three calendar
months from the passing of this By-law to comply with the
provisions hereof.
12. Any person found in contravention of this By-law is guilty
of an offence and on conviction is liable to a fine of
$100.00 for each offence.
13. That by-law 2286 passed on the 2nd day of August, 1973 be and
the same is hereby repealed.
14. That this by-law shall come into full force and effect upon
the date of its final passing.
READ a FIRST and SECOND time this 15th day of September
1983.
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yor Æner
READ a THIRD time and FINALLY PASSED this 6th day of October,
1983.
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Mayor
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