HomeMy WebLinkAboutBRU 93 007 Repealed By No 01 58
AMCNDEDIREPEALED rN
BYlAW NO. ,;Jè ð'" ';)i'
DATEn H"v ,n"" ~Ol
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-7
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A BY-LAW TO REQUIRE THE FENCING OF PRIVATELY OWNED SWIMMING POOLS.
WHEREAS pursuant to the provision of the Municipal Act, R.S.D.
1990, Chapter M.45, Section 210(30), by-laws may be passed by
Councils of local municipalities requiring owners of privately
owned outdoor swimming pools to erect and maintain fences and gates
around such swimming pools and for prescribing the height,
descriptions and manner of erecting such fences and gates, and
providing for the production of plans and the issuing of permits.
AND WHEREAS the Municipal Council of The Corporation of the
Township of Bruce, enacts as follows:
1. For the purpose of this by-law, a privately owned outdoor
swimming pool shall mean:
a) a device capable of containing a body of water, having a
depth of 460 mm (18.90 inches) or more, permanently or
temporarily located outdoors either above or below the
ground or partly thereabove or therebelow that is, or is
to be used or maintained for the purpose of swimming,
wading, diving or bathing; and
b) This by-law does not apply to farm ponds, liquid manure
or other types of tanks, or any body of water which has
a primary purpose other than a recreational use.
2. It is the intent of this by-law to provide for fences that
will eliminate or deter easy climbing by children and others.
Fences that can be used in a manner similar to a ladder shall
not be acceptable.
3.
The owner of every privately owned swimming pool in the
Township of Bruce, which is constructed subsequent to the
passing of this by-law, shall, within 96 hours of construction
of the swimming pool and before placing any water in the pool
erect and maintain a fence completely enclosing the pool,
which fence shall conform to the following specifications:
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-7
PAGE 2
a)
i)
a chain link fence must be constructed of 9 gauge
or heavier wire with a maximum mesh diameter or
opening size of 38 mm (1.5 inches).
A chain link fence shall be constructed in such a
manner to provide for lateral supports securely
attached to the vertical posts at both the top and
bot tom of the chain I ink. Such supports to be
constructed of metal pipe, heavy metal wire or such
other material of sufficient strength to prevent
the chain link from being raised or depressed.
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ii) solid fences of wood or metal;
iii) vertical (picket) type fences provided that the
openings between the vertical boards do not exceed
100 mm (4 inches) and the horizontal members are a
maximum of 900 mm (35.5 inches) apart;
iv) fences of other types or designs approved by the
Township in advance of construction that satisfy
the intent of this by-law may be allowed.
b) Every fence shall not be less than 1.5 m (5 feet) in
height, and all horizontal openings between the bottom of
a fence and grade shall not be greater than 100 mm (4
inches) .
c) Every fence shall be so constructed that all horizontal
or diagonal structural members of the fence shall be
located on the inside or pool side of the fence.
d) A dwelling house, building or accessory building may be
utilized to effectively enclose any pool, provided that
such structure does not provide ready access to the pool.
e)
Every fence shall be so constructed so as to have as the
only means of entry gates or doors conforming to the
following specifications:
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i) all gates or doors shall be equipped with locks and
self-closing and latching devices on the pool side
at the top of the gate which will cause the gates
or doors to remain securely closed and locked when
not in actual use.
THE CORPORATION
BY-LAW NO. 93-7
PAGE 3
OF THE TOWNSHIP OF BRUCE
ii)
all gates shall comply with Sections (a), (b), (c),
and (d);
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iii) Part 3(e)(i) shall not apply to the door of any
dwelling house which forms a part of the enclosure.
f) A boundary fence which complies with the provisions of
this section may be used as a swimming pool fence,
notwithstanding that such fence may be on a boundary,
between two properties, the owner of such pool shall be
responsible for erecting and maintaining the fence in
accordance with this by-law and the provisions of The
Line Fence's Act shall not apply to such fences.
g) Every fence or wall enclosing a swimming pool shall be
located not closer than 1.22 m (4 feet) to the swimming
pool, except where the design of an above-ground swimming
pool complies with the provisions of Section 3 (a), (b),
(c), (d), and (e), the 1.22 m (4 feet) need not apply.
h) Every fence or wall enclosing an outdoor pool shall be
kept clear of all materials or structures that would
allow access to the pool.
4. Every owner of a privately owned outdoor swimming pool, which
is constructed subsequent to the passing of this by-law, shall
obtain a certificate of approval from the Chief Building
Official of the municipality as appointed under the Building
Code Act from time to time, within 96 hours of completion of
the construction of the pool stating that the fence around
such pool has been inspected and has been found satisfactory.
The owner of every privately owned outdoor swimming pool,
shall ensure that inspection is made every second year and
that the certificate is updated accordingly.
5 .
Prior to applying for a certificate of approval and prior to
placing any water in the pool, the owner of a privately owned
outdoor swimming pool constructed subsequent to the passing of
this by-law shall provide to the Chief Building Official,
complete plans of all such fences and gates including a site
plan of the pool in relation to the boundaries of the owner's
land and the fence in relation to the pool.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-7
PAGE 4
6.
The owner shall pay to the Township of Bruce for the required
certificate, a fee of $25.00. There shall be no fee charged
for subsequent inspection in accordance with Paragraph 4 of
this by-law.
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7. Notwithstanding any of the other provisions in this by-law,
this by-law shall be applicable to all privately owned outdoor
swimming pools constructed or under construction in the
Township of Bruce whether before or after the date of the
final passing of this by-law and the owner thereof shall,
wi thin 30 days of the final passing of this by-l aw, cause
their fences to comply with the requirements of Paragraph 3
and shall apply for a certificate in accordance with Paragraph
4, of this by-law, save and except that existing chain link
fences shall not be required to meet the requirements of
Paragraph 3(a)(i).
8. Metric Conversions - Metric units represent official by-law
requirements. Imperial equivalents have been converted from
the metri c uni ts for user convenience, but have no legal
basis. In some cases, metric uni ts are provided as soft
conversions.
soft converted measurements represent
which have been rounded up or down
requirements.
imperial
to meet
equivalents
the metric
9. It is hereby declared that each and every of the foregoing
provisions of this by-law should for any reason be declared
invalid by any Court, it is the intention and desire of this
Council that each and every of the remaining provisions hereof
shall remain in full force and effect.
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10. Any person, who contravenes the provisions of this by-law, is
guilty of an offence and upon conviction shall be liable for
a fine of not more than $2,000.00 exclusive of costs, for each
offence, recoverable under the provisions of the provincial
Offences Act.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-7
PAGE 5
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By-law introduced and read a First time this NINTH day of
MARCH, 1993.
By-law read a Second time this NINTH day of MARCH, 1993.
By-law read a Third time and finally passed, signed, sealed, and
numbered 93-7 this NINTH day of MARCH, 1993.
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CLERK
REEVE
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SEAL
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