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2.
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In
this by-law: |
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(a) |
“Chief Building Official” means the agent or
employee appointed by the Corporation of the Township of North
Dundas to enforce the provisions of the Building Code Act and this
by-law, and includes employees or authorized assistants acting
under his direction. |
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(b) |
“Corporation” means the Corporation of the
Township of North Dundas. |
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(c) |
“Enclosure” means any combination of fence,
wall, or other structure, including gates, surrounding a pool to
restrict access. |
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(d) |
“Farm Pond” means any natural or artificial body of water used for
the purposes of providing water to livestock or for irrigation of
crops. |
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(e) |
“Grade” means the elevation of the finished surfaces immediately
surrounding the outside of the enclosure. |
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(f) |
“Guard” means a guard constructed in accordance
with the Ontario Building Code. |
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(g) |
“Permit” means permission or authorization in writing from the
Chief Building Official to erect enclosures around swimming pools
as regulated by this by-law. |
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(h) |
“Pool Fence” means a vertical barrier
constructed of chain-link, wood, fibreglass, stone, metal or other
material to enclose an area. A pool fence may include a gate. |
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(i) |
“Gate” means part of a fence that is removable,
swinging, sliding or otherwise used as a barrier to block or close
an access. A gate may include a door. |
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(j) |
“Self-Latching Device” means an automatic locking device attached
to a fence, gate or door which prevents access from the outside. |
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(k) |
“Self-Closing” means a device or combination of devices, spring or
hinges capable of returning the enclosure to a closed and latched
position after each use. |
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(l) |
“Storm Water Management System” means any man made or natural
facility designed for the treatment, retention, infiltration or
control of storm water, including drainage works and retention
ponds. |
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(m) |
“Swimming Pool” means an artificially created
body of water intended for swimming, bathing, wading or reflecting
and is capable of retaining water depth greater than 600 mm (24"),
but shall not include a storm water management system, facilities
and pond used for water hazards or irrigation at a golf course,
facilities for the purposes of providing water to livestock or for
irrigation of crops which are associated and located on land
devoted to the practice of farming. |
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GENERAL REQUIREMENTS |
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3. |
Every owner of an outdoor swimming pool shall ensure that an
enclosure around such a pool is constructed and maintained
according to the provisions of this by-law. |
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4. |
No person shall place water in a
pool in the Township of North Dundas unless an enclosure has been
erected in accordance with the provisions of this by-law.
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5. |
No person shall allow water to
remain in a pool in the Township of North Dundas unless an
enclosure has been erected in accordance with the provisions of
this by-law. |
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PERMIT |
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6. |
No person shall construct or
install or cause to be constructed or installed a swimming pool
without having first obtained a pool permit from the Township of
North Dundas. |
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7. |
To
obtain a permit the owner shall file an application in writing by
completing a prescribed form available at the office of the Chief
Building Official. |
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8. |
Despite Section 6, a permit is not required in the case of a pool
which has been dismantled and is being reconstructed in the same
position and the same manner in which it was previously located
provided that: |
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(a) |
a
permit was obtained for the original installation,
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(b) |
the
reinstallation meets the requirements of all currently applicable
by-laws, and |
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(c) |
the pool enclosure has remained in
place and has not been modified since the original installation. |
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9. |
Except as otherwise permitted by
the Chief Building Official, every application shall: |
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(a) |
identify and describe in detail the work to be
covered by the permit for which an application is made, |
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(b) |
describe the land on which the pool is to be
located by a description that will readily identify and locate the
building lot, |
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(c) |
be
accompanied by two (2) complete sets of plans showing details of
the enclosure as well as its relationship to lot lines, buildings
and fences, |
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(d) |
be accompanied by the fee as established in
Schedule “A” (Classes of Permits and Permit Fees) of By-law 99-12,
as amended, and |
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(e) |
state the names, addresses and telephone numbers of the owner and
contractor performing the work. |
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10. |
An
application for a permit may be deemed to have been abandoned and
cancelled six (6) months after the date of filing, unless such
application as being seriously proceeded with. |
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11. |
Sufficient information shall be submitted with
each application for a permit to enable the Chief Building
Official to determine whether or not the proposed work will comply
with this by-law. |
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12. |
The fee for a pool enclosure permit shall be fifty dollars
($50.00) |
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MANDATORY POOL ENCLOSURES |
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13. |
Any exterior accesses in a pool enclosure
leading to a terrace, patio, steps or deck adjoining a swimming
pool must be closed by a door or a gate. This door or gate must
be self-closing, self-latching, and be kept locked when the pool
is unoccupied or without supervision. |
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14. |
When an enclosure is not erected or maintained,
in accordance with the provisions of this by-law, the Chief
Building Official shall send a notice by registered mail or by
personal delivery to the owner of the land on which the pool is
located, at the last known address requiring the owner to make the
enclosure conform to the requirements of this by-law and the
notice shall specify the time allowed for compliance. |
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15. |
(1) |
Where a notice has been sent by the Chief Building Official
pursuant to Section 14, and the requirements of the notice have
not been complied with, the Corporation may cause an enclosure to
be erected or otherwise made safe, and the cost of the work shall
be at the expense of the owner. |
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(2) |
When the Corporation causes the work to be done
pursuant to subsection (1), the Corporation may recover the
expense incurred in like manner as municipal taxes. |
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REQUIREMENTS RELATING TO A POOL FENCE, GATES
AND DOORS |
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16. |
Pool fences forming part of a pool enclosure
must be constructed and maintained in accordance with the
following requirements: |
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(a) |
The pool fence must be a minimum height of 1.5
metre (5 feet) proportionate to the adjacent ground level, without
however exceeding the maximum height established in the applicable
zoning by-law. |
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(b) |
The pool fence that forms part of this
enclosure: |
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(i) |
must be constructed solidly, capable of supporting a load similar
to that of requirements for guards in the Ontario Building Code, |
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(ii) |
pool fences and gates must be constructed in
such a manner as to reasonably deter children from climbing, |
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(iii) |
must not have rails or any other horizontal or
diagonal support or exterior fixtures that might facilitate
climbing, |
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(iv) |
must not have openings that could let in a
spherical object with a diameter of 100 mm (4 inches) or more,
except that chain link fences shall be limited to 38 mm (1 ˝
inches) openings, |
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(v) |
must not contain a mechanism that permits
electric current to run through the fence, |
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(vi) |
must not be constructed with snow fence, barb
wire, sharp objects or any other dangerous characteristics, |
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(vii) |
the distance between ground level and the pool fence must not
exceed 100 mm (4 inches); |
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(viii) |
the enclosure must be situated at a distance of at least 1.2 metre
(4 feet) from the pool edge for at least 50% of the pool’s
perimeter. |
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(c) |
Gates forming part of a pool fence shall be: |
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(i) |
of
similar construction as for the pool fence, |
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(ii) |
of the same height or higher than the pool
fence, |
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(iii) |
supported with strong hinges, |
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(iv) |
equipped with self-closing and self-latching devices. The
self-latching device must be installed at more than 1.2 metre (4
feet) high proportionate to the ground level or adjacent floor or
step, and |
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(v) |
be
lockable. |
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(d) |
Gates forming part of a guard on a deck, steps or raised patio
must: |
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(i) |
be
of rigid construction, capable of supporting loads as described
for guards in the Ontario Building Code, |
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(ii) |
be a minimum height of 10.70 mm (42 inches)
equal to the adjacent floor or to the top of the last step
adjacent to the gate, |
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(iii) |
be constructed with two vertical extensions of
similar construction at a minimum width of 0.3 metre (1 foot) on
each side, |
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(iv) |
be
supported with hinges, |
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(v) |
be
equipped with a self-closing device and self-latching device.
Such device must be installed at the top and inside of the gate, |
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(vi) |
be constructed without horizontal or diagonal
members which could facilitate climbing, and |
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(v) |
be
lockable. |
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POOL EQUIPMENT |
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17. |
A swimming pool’s pumping, filtration or
heating equipment must be situated: |
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(a) |
at least 1.5 metres (5 feet) from a interior
side yard lot line or from a back yard lot line as defined in the
applicable zoning by-law; |
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(b) |
at
least 3.5 metres (11 feet, 6 inches) from an exterior side lot
line as defined in the applicable zoning by-law; |
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(c) |
outside the front yard as defined in the
applicable zoning by-law; |
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(d) |
at
least 1.2 metres (4 feet) from the pool, unless it is installed
under a deck adjacent to the pool or located within the pool
enclosure; or |
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(e) |
in
such a manner as to not facilitate climbing to access the pool. |
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ABOVE-GROUND POOL |
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18. |
(1) |
Above-ground pool vertical walls can be considered as a pool
enclosure provided that such wall is at least 1.2 metres (4 feet)
in height or be equipped with a handrail and guards in compliance
with this by-law. Such required height shall be measured from the
highest finished grade within a horizontal distance of 4' to the
pool. |
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(2) |
An
above-ground pool totally or partially surrounded by a walkway
adjacent to the pool’s ledge, must be surrounded by a guard of a
minimum height of 1.5 metres (5 feet) proportionate to the ground
level. Also, this walkway must not be built in a manner that
could facilitate climbing. |
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(3) |
No guards may be added to the top of a pool
wall that does not meet the requirements for a 1.2 metre (4 foot)
pool fence as described in Section 16. |
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(4) |
An
enclosure for a structure known as a hot tub, whirlpool or spa may
include a secure cover of rigid material locked in place over the
opening at all times when the structure is not occupied, and no
person shall leave a hot tub, whirlpool, or spa without first
locking the cover in place to prevent access when the structure is
not occupied. |
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GROUND ELEVATION |
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19. |
(1) |
The installation of a swimming pool or pool fence shall not alter
in any way the existing stormwater drainage patterns of the
premises. |
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(2) |
The installation shall include facilities to effectively conduct
backwash water to a storm sewer, where available, or a drainage
ditch, in such a manner as to prevent damage to adjacent
properties. |
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CONTRAVENTION |
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20. |
Every person who contravenes any provisions of
this by-law is guilty of an offence and upon conviction is liable
to a fine as provided for in the Provincial Offences Act, R.S.O.
1990, Chapter P.33, as amended. |
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COURT JURISDICTION |
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21. |
When a person has been convicted of an offence
under this by-law, the Ontario Court of Justice, or competent
jurisdiction thereafter may, in addition to any other penalty
imposed on the person convicted, issue an order prohibiting the
continuation or repetition of the offence by the person convicted. |
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VALIDITY |
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22. |
If
a court of competent jurisdiction should declare any section or
part of a section of this by-law to be invalid, such section or
part of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the by-law and it is
hereby declared that the remainder of the by-law shall be valid
and shall remain in force. |
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BY-LAW REPEAL |
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23. |
By-law 90-40 and its amendments of the former
Township of Mountain is hereby repealed. |
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TRANSITION |
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24. |
(1) |
Any pool fence or pool enclosure that was lawfully erected before
the day this by-law came into effect is deemed to comply with this
by-law and may be maintained as erected. |
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(2) |
Any pool erected without a pool fence must
comply with the provisions of this by-law. |
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(3) |
Any owner having a pool fence or pool enclosure which was not
lawfully erected or having an above-ground pool erected without a
pool fence, must comply before the 2005 pool season. |
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(4) |
When a pool fence or pool enclosure is replaced, it must comply
with this by-law. |
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EFFECTIVE DATE |
|
25 |
This by-law shall come into effect on the 1st day of
June, 2004. |
