Township of Lucan Biddulph

BY-LAW NO. 24-2010

Being a by-law to regulate enclosures around privately owned pools in the Township of Lucan Biddulph.

WHEREASSection 9 of the Municipal Act, S.O. 2001, Chapter 25, authorizes a municipality to pass by-laws concerning the issuance of permits and related matters;

AND WHEREASSection 11 of the Municipal Act, S.O. 2001, Chapter 25, authorizes a municipality to pass by-laws to regulate structures including fences;

AND WHEREASthe Council of the Corporation of the Township of Lucan Biddulph deems it to be in the public interest to regulate the fencing and enclosure of privately-owned outdoor pools in the Township for the purpose of protecting the health, safety and general welfare of the inhabitants of the Township of Lucan Biddulph.

THEREFORE the Council of the Corporation of the Township of Lucan Biddulph enacts asfollows:

  1. In this by-law the following words or phrases shall have the meaning set out as follows:

a)“pool” shall mean any privately owned body of water which is

i)located outdoors;

ii)wholly of partially contained by artificial means;

iii)capable of holding water in excess of 61cm (2’) or more at any point;

iv)an open exposed water surface of at least 1 square metre and includes a landscape/decorative pond meeting the above criteria, but for the purposes of this By-law does not include a:

  • pond or reservoir to be utilized for farming purposes or as part of a golf course;
  • pool owned by any public or governmental body, agency or authority;
  • natural body of water or stream;
  • publically or privately stormwater management pond; and
  • hot tubs.

b)“privately-owned swimming pool” shall mean any swimming pool not operated by a government body for the use and benefit of the general public within the boundaries of the Township of Lucan Biddulph.

c)This by-law does not apply to irrigation ponds, stormwater management ponds or natural watercourses.

d)Hot tub” shall mean a container filled with heated water circulated with jets used for communal leisure and / or therapeutic bathing and includes a Jacuzzi, spa, or whirlpool.

e)“owner or occupier” shall mean any person who owns or occupies land upon which there is wholly or partly situated a privately owned swimming pool.

f)“Designated Official ” shall mean the Building Inspector(s), By-law Enforcement Officer(s) or any other person designated by the Township.

  1. The provisions of this By-law shall not prevent the use of an existing pool enclosure if said enclosure was constructed prior to the effective date of this By-law and in accordance with the regulations of By-law No. 35-2003 and has been maintained continuously in accordance with said By-law.
  1. Every owner or occupier shall comply with the following provisions concerning the fencing of any privately owned swimming pool:

a)Every privately owned swimming pool shall be fenced or enclosed around its entire perimeter in accordance with the provisions of this section.

b)Every fence shall be not less than 1.22 m (4’) in height at its lowest point.

c)Every fence shall have a ground clearance space no greater than 10 cm (4”) at any point under the enclosure.

d)Every fence shall be so constructed and maintained so as not to have openings, holes or gaps larger than 5.8cm (2”) in its shortest dimension.

e)Every fence shall be so constructed and maintained so that all horizontal or diagonal structural members of the fence shall be located on the inside or poolside of the fence.

f)Every fence shall be so constructed and maintained so that it cannot be used in a manner similar to a ladder.

g)The walls of a house, dwelling or any other structure are not considered to be an acceptable form of fencing as specified in section 3 of this bylaw, unless said wall(s) contain no doors that would allow direct access to the pool area.

h)Every fence shall be so constructed so as to have the only means of entry by gates or doors.

i)all gates or doors shall be equipped with a self-closing device and a self-latching device on the pool side at the top of the gate to the intent that all gates or doors will remain securely closed when not in actual use; and,

i)All gates shall comply with sub-section (a), (b), (c), (d), (e) and (f) of this section; and

ii)Part (i) shall not apply to the door of any dwelling or house, which forms a part of the enclosure.

j)The type of fence commonly known as “snow fencing” shall not be considered a valid permanent fence.

k)A boundary fence that complies with the provisions of this section shall be deemed a sufficient fence.

4.Hot tubs as defined in Section 1 are exempt from Section 3 of this By-law provided that a substantial cover is fixed securely to the hot tub and locked to prevent access when the hot tub is not in use.

  1. For other than chain link fences, where the vertical distance between each horizontal rail measured from the top of each rail is 1.14m (3.9’) or greater, the openings in the fence are permitted to be greater than 5cm (2”) but not greater than that which would allow the passage of a spherical object having a diameter or 10cm (4”).
  1. No person shall construct or install a pool, cause a pool to be constructed or installed, or commence the construction or installation of a pool without first obtained the relevant permit from the Township.
  1. No person shall construct or install a pool or cause a pool to be constructed or installed which is not completely enclosed by a pool enclosure in accordance with this By-law.
  1. No person shall construct or cause a pool to be constructed any pool enclosure which does not conform to the requirements of this By-law, or permit such non-conforming pool enclosure to continue to enclose a pool.
  1. No person shall fill a pool with water or cause a pool to be filled with water or allow water to remain in a pool unless:

a)the pool is enclosed by a pool enclosure meeting the requirements

of this By-law;

b)the designated official has been notified and the pool enclosure has been inspected and approved by the Township.

  1. During construction of a pool, every owner is required to provide at a minimum, a temporary enclosure which shall be replaced with a permanent enclosure in compliance with this By-law when the pool is completed.

a)a temporary enclosure shall be a minimum of 1.22m (4’) high and shall be securely attached to any openings when the pool is unattended.

  1. No owner or occupier shall permit water from a privately owned swimming pool to be drained into a sanitary sewer system.
  2. The designated official will be responsible for the administration and enforcement of this By-law on all public and private property within the limits of the Township.
  3. The designated official may enter upon any property at any reasonable time to inspect a pool/pool enclosure for the purposes of determining or affecting its compliance with this By-law.
  4. Every person who contravenes this By-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, C.P. 33.
  1. In addition to the above fine or penalty, failure to comply with the provisions of this By-law may result in the Township undertaking to complete the work and any costs associated with the work shall be billed to the registered property owner in a like manner as taxes.
  2. In the case of an immediate safety hazard, where the designated official has been compelled to remove said hazard, the work and any costs associated with the work shall be billed to the registered property owner in a like manner as taxes.
  1. That this By-law shall come into full force and take effect on the day of the final passing thereof.
  1. That By-law No. 35-2003 of the Corporation of the Township of Lucan Biddulph be hereby repealed.

Read a FIRST, SECOND and THIRD time and FINALLY PASSED this 17th day of May, 2010.

MAYORCLERK