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HomeMy WebLinkAboutBRU 93 007 Repealed By No 01 58 AMCNDEDIREPEALED rN BYlAW NO. ,;Jè ð'" ';)i' DATEn H"v ,n"" ~Ol . THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 93-7 -. 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: -. 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. --. 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: --. 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); . 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. . 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. --. 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. ---. 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 . 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. ~ CLERK REEVE -. ~. SEAL - - ~.~ . -.. --e