HomeMy WebLinkAbout01 058 fence swimming pools
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THE CORPORATION OF THE MUNICIPALITY 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 R.S.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, R.S. 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 Municipality of Kincardine;
AND WHEREAS it is expedient to impose fees for certain services provided by
the Building Department;
NOW THEREFORE the Municipal Council of the Municipality of Kincardine
ENACTS as follows:
In this by-law:
1. (a) "Fence" means either:
(i)
Chain link fencing, or at least 13 gauge, of not less than one
and one half metres (1.5 metres) (5 feet) and supported by
iron posts set in concrete to a depth of at least six-tenths
metres (0.6 metres) (2 feet) and spaced not more than three
metres (3 metres) (10 feet) apart, with a supporting rail along
the top of the fence between posts; or
(ii)
A privacy fence with the material installed vertically and such
fence being not less than one and one-half (1.5 metres) (5
feet) in height.
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Fencing of Private Swimming Pools By-law
By-Law No. 2001 - 58
Page 2 of 3
(b) ·Swimming Pool" means any structure, basin, chamber or tank
containing any artificial body of water for swimming, diving or
recreational bathing:
(a) has a depth of more than 75 centimetres (29 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;
(f) 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 from the ground level on the
outside of the enclosure and shall be 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) from the edge of the water in the pool.
(ii) Every fence shall have 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 of the gate. A self-latching device
that can be opened without a key from the outside shall not be less
than 122 centimetres (48 inches) above ground level.
(iii) 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 from the ground to the under
side of the pool fence that 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 from
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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Fencing of Private Swimming Pools By-law
By-Law No. 2001 - 58
Page 3 of 3
3.
A permit shall be obtained from the Chief Building Official of the
Municipality of Kincardine by the owner or his legal 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 from
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 Municipality of
Kincardine appointed pursuant to the Building Code act may, upon such
notice as he/she 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. By-law No. 1998-30 for the Town of Kincardine passed
on the 9th day of July, 1998,
76-10 for the Village of Tiverton passed on the 10th of August 1976,
93-7 for the Township of Bruce passed on the 9th of March, 1993 and
82-14 for the Township of Kincardine passed on the 17th of May, 1982
and all of their amendments be 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 DEEMED TO BE PASSED this
23rd day of May ,2001.
Po.{ .~ Clerk