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Home My WebLink AboutTWP 82 015 borrowing by-law v -I~ , . .1 I '.-. ~ .-""'"' < I: . AMENDr:oD/REPEALED BYlÞ':/f .J, ;!ðð 1- ç, rf6- ;n,.-{ VtJ/ . DA THE CORPORATION OF THE TOWNSHIP OF KINCARDII\E BY-LAW NUMBER g 2J/'1 A BY-LAW TO REQ.,JIRE THE FENCING IF PRIVATELY OWNED SWIMMING POOLS WHEREAS pursuant to the provision of the Municipal Act R. 5. O. 1970, Chapter 284, Section 354 (1) (24), 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 Kincardine, Enacts as follows: 1. For the purpose of this by-law, a privately owned outdoor swimming pool shall mean: (a) a device capable of contsining a body of wster, having a depth of three (3) feet (.9144 metres) 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) a pool which is subject to the regulations made pursuant to the Public Health Act, R. 5. O. 1970 as amended; (c) it is not the intention of the Township thst this by-law should 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 Kincardine, which is constructed subsequent to the passing of this by-law, shall, within 96 hours of conatruction 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: (a) In general, acceptable types of fence would be: (i) a chain link fence must be constructed of 9 gauge or heavier wire with a maximum mesh diameter or opening size of l~ inches (3.81 em.). Fences constructeå of chain " H .' ) ..... 2 ¡ ~ ì I I 'I II 1> I; , . - 2 - . link material, after the passing of this by-law must have an overhang constructed at the top of the fence. Such overhang shall point away from the pool and shall be constructed in such a manner that a perpendicular line from the furthest edge of the overhang running parallel, to the fence would intersect the ground at a point no less than 12 inches (30.48 em.) from the base of the fence. (ii) solid fences of wood or metal; (iii) vertical (picket) type fences provided that the opening between the verticle boards do not exceed four inches (10.16 em) and the horizontal members are a maximum of 36 inches (91.44 em.) apart. Fences of other types or designs approved by the Township or its authorized agent in advance of construction that satisfy the intent of this by-law may be allowed. (b) Every fence shall not be less than 60 inches (1.524 m.) in height. (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 gstes or doors. (i) All gates or doors shall be equipped with a latching device on the pool side at the top of the gates to the intent that all gates or doors will remain securely closed when not in actual use. (ii) All gates shall comply with sections (a), (b), (c) and (iii) Part (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 fence shall be responsible for erecting and maintaining the fence and the provisions of The line Fences Act shall not apply to such fences. (g) The use of barbed wire in any manner or the use of any device for projecting electric current is prohibited. 4. It shall be the duty of every owner of a private swimming pool, which is constructed subsequent to the passing of this by-law, to 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. It shall . . . . . 3 (d). ~ . I' I ~ " :1 Ii " II ii . II jl ;1 r I ¡i " ~ ,> [1 ¡¡ ¡¡ ~ II ~ ij ! ~ 1 . . - 3 - . further be the duty of an owner of every swimming pool to ensure that inspection is made every second year and that the certificste is updated accordingly. 5. Prior to applying for a certificate of approval and prior to placing any water in the pool, the owner of an 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 owners land and the fence in relation to the pool. þ -¡ 6. The owner shall pay to the Township of Kincsrdine for the required certificate an inspection fee in accordance with the Township of Kincardine By-law for the initial inspection 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 swimming pools constructed or under construction in the Township of Kincardine whether before or after the date of the final passing of this by-law and the owner thereof shall, within 30 days of the final passing of this by-law, 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). B. No pool owner who has obtained a certificate for an existing fence pursuant to the provisions of By-Law 73-09, shall be required to respply pursuant to this by-law however, the holder of such certificste shall not be exempted from the two year inspection requirement of paragraph 4. 9. By-law 73-09 of The Township of Kincardine is hereby revoked, effective on the final passing of this by-law by the Municipsl Council. lO. 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. ll. (a) The Committee of Adjustments of the Township of Kincardine is hereby appointed a standing committee of the Council of the Township of Kincardine for the purpose of enquiring into and reporting on any application for minor variance from the provision of this By-law. (b) The Committee may recommend that any application be refused or that such relief as it considers appropriate be granted either absolutely or subject to conditiona. (c) The Committee is directed to follow its usual procedure on applications, so far as may be practical. . . . . . 4 , . 4, , !; < 1 I . . - 4 - (d) The Committee shall place all reports made by it under this section before the Council for approval. (e) The Council's usual rules respecting delegations will apply to persons desiring to make representations in support of or against a Committee recommendation made under this Section. l2. The owner of every privately owned swimming pool in the Township of Kincardine who neglects or refuses to comply with the terms of this by-law shall upon ccnviction therefore, forfeit and pay a penalty not exceeding Three Hundred Dollars ($300.00) exclusive of costs, for each offence, recoverable under the Summary Convictions Act. READ A FIRST AND SECOND TIME THIS /rL , 1982 d2. ~ REEVE Ll L_ / , m¡ ~ÉRíf:rn~ DAY OF READ A THI~ TIME AND FINAllY PASSED THIS d /7 DAY IF ~ 1982. dL-. i1 i.~J REEVE v ~~~/e¡:í(~~ ERK-TREASU R \ , II' I II " I' .I !I j] :'- " '¡ !¡ 1ì 11 ji ¡; ii , !j j! " i