HomeMy WebLinkAboutTIV 76 010 Fencing of Privately
l - '-'IDEDIREÆALED BY
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NUMBER 76-10
.
A By-law of the Corporation of the Village
of Tiverton to provide for the fencing of
privately owned swimming pools.
WHEREAS by Section 354 (1) 24, Chapter 284, R.S.O. 1970 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 Village of
Tiverton enacts as follows:
1. (a) "FENCE" means either:
(i) Chain link fencing, of at least 13 gauge,
extending from the ground for a height of not
less than five feet (5') and supported by iron
posts set in concrete to a depth of at least
two feet (2') and spaced not more than ten
feet (10') 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
60 inches 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 two feet and six inches or more at any point.
2. Every owner of a privately owned outdoor swimming pool
shall erect and maintain completely around such pool a fence.
No part of such fence shall be located closer to the water's
edge than four feet (4').
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 and 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.
By-law No. 76-10
Page 2
.
8. The provision of the By-law requiring erection of a fence
shall not apply of the entire outside wall of the swimming
pool is elevated at least 48" 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-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 comDetent supervision.
9. A permit shall be obtained from the Building Inspector of
the Village of Tiverton by the owner or his legally
authorized agcnt 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 Buildinn Inspector.
10. No owner of a privately owned outdoor s\-JÌmming 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.
II. Transitional provisions. 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 convicted of a breach of any of the provisions
of this By-la\~ shall forfeit and pay', at the di scretion
of the convicting judge, a penalty of not more than
twenty-five dollars ($25.00), exclusive of costs, for
the first offence and a penalty of not more than one
hundred dollars ($100.00) exclusive of costs for the
second or any subsequent offence.
READ A FIRST, SECOND AND THIRD TIl'lE AND FINALLY PASSED in open
Council this tenth day of August 1976.
0/~ q~
Reeve
Clerk
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