By-Law 94-59 To regulate the protective enclosure of privately owned outdoor swimming pools and to repeal By-law 77-104.
This By-law is printed under and by authority of the Council of the City of Barrie, Ontario, Canada
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Bill # 73
BY-LAW NUMBER 94-59 A By-law of the Corporation of the City of Barrie to regulate the protective enclosure of privately owned outdoor swimming pools and to repeal By-law 77-104
WHEREAS, Subsection 23 of Section 210 of the Municipal Act, 1990, (Chapter 302 of R.S.O.) permits a by-law to be passed by a municipal council to regulate fences and gates that enclose privately owned outdoor swimming pools and other related matters, AND WHEREAS, the Council of The Corporation of the City of Barrie deems it expedient to provide such regulations, AND WHEREAS, the Council of The Corporation of the City of Barrie adopted By-law 77-104, AND WHEREAS, by resolution 94-G-124, the Council of The Corporation of the City of Barrie deems it expedient to amend the by-law to regulate the protective enclosure of privately owned outdoor swimming pools.
NOW THEREFORE, the Council of the Corporation of the City of Barrie enacts as follows:
1. SHORT TITLE
This By-law may be cited as the “Pool Enclosure By-law”.
2. DEFINITIONS
In this By-law:
(1) “Authority having jurisdiction” means the Chief Building Official and any Building Inspector or Property Standards Officer authorized by the Chief Building Official to administer this bylaw.
(2) “Building Inspector” means an inspector appointed by the Council of the Corporation to inspect buildings and structures pursuant to the Building Code Act.
(3) “Chief Building Official” means the person appointed by the Council of the Corporation to administer the Building Code pursuant to the Building Code Act.
(4) “Corporation” means the Corporation of the City of Barrie.
(5) “Enclosure” means a fence, wall or other structure or thing, including gates and doors, which surrounds the perimeter of a pool which would discourage the entry of a person into the
enclosed area.
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(6) “Pool” means a privately-owned outdoor body of water,
(a) contained in a container that is,
(i)artificial, manufactured or assembled;
(ii)capable of retaining water measuring more than 460 mm (18.1 inches) in depth at any point, and
(iii)capable of being used for swimming, bathing, diving or wading,
(6) (b) and includes,
(i)manufactured swimming pools, both above-ground and in-ground;
(ii)custom built pools; and
(iii)hot tubs and spas,
(c) but does not include,
(i)irrigation ponds on farms used for
watering livestock or for irrigation;
(ii)naturally formed depressions in the ground surfaces
(iii)garden or fish ponds used as landscaping features with plant
materials grown in and around the pond; and
(iv)public swimming pools as defined and regulated by the Ontario Building Code.
(7) “Property Standards Officer” means an inspector appointed by the Council of the Corporation assigned the duties of enforcing the Corporation’s Minimum Property Maintenance and
Occupancy Standards By-law.
3. ADMINISTRATION AND ENFORCEMENT
The Chief Building Official shall be responsible for the administration and enforcement of this by-law.
4. POOL ENCLOSURE PERMIT
(1) No person shall excavate for, erect or install a pool, or cause the excavation for, erection of or installation of a pool unless a permit for the pool enclosure has been issued by the
Chief Building Official.
(2) To obtain a pool enclosure permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief Building Official, and shall supply any other
information relating to the application as required by the Chief Building Official. – 3 –
(3)Every pool enclosure permit application shall:
(a) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the pool will exist;
(b) be accompanied by plans, sketches and specifications about the pool enclosure as described in this by-law;
(c) be accompanied by the required fees as determined in accordance with Schedule “A”;
(d) state the names, addresses and telephone numbers of the owner, applicant and the constructor;
(e) be signed by the applicant who shall certify as to the truth of the contents of the application.
(4) The Chief Building Official shall, where the conditions in Subsection 4(3) above have been fulfilled, issue a pool enclosure permit to the applicant unless,
(a)the proposed pool or pool enclosure will
contravene this by-law or any other
applicable law;
(b)the application for it is incomplete; or
(c)any fees due are unpaid.
(5) Where an application for a permit remains incomplete or inactive for 30 days after it is made, the application may be deemed by the Chief Building Official to have been abandoned,
without further notice to the applicant.
5. PLANS AND SPECIFICATIONS
(1) Every applicant shall furnish,
(a) sufficient plans, specifications, documents and other information to enable the Chief Building Official to determine whether the proposed pool enclosure conforms to this by-law and any other applicable laws;
(b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this equirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed pool and pool enclosure conforms to this by-law and any other applicable laws. The site plan shall include,
– 4 – (i)lot size and dimensions of the
property;
(ii)setbacks of the pool and pool
enclosure from existing and proposed
buildings and property lines;
(iii)existing and finished ground levels or grades, and
(iv)existing rights of way, easements and municipal services.
(2) Plans submitted shall be legible and be drawn to scale upon paper or other suitable and durable material to the satisfaction of the Chief Building Official.
(3) Plans and specifications furnished according to this by-law become the property of the municipality and will be disposed of or retained in accordance with relevant legislation.
6. FEES
(1) The Chief Building Official shall determine the required fees calculated in accordance with Schedule “A” for the proposed pool enclosure
and the applicant shall pay such fees at the
time of making an application.
(2) Upon written request, the Chief Building Official shall determine the amount of fees, if any, that may be refunded in accordance with Schedule “A” in the case of,
(a) withdrawal of an application,
(b) abandonment of an application,
(c) denial of a permit, or
(d) revoking of a permit.
7. POOL ENCLOSURE COMPLIANCE
(1) No person shall erect or install or cause to be erected or installed any pool enclosure except in accordance with this by-law.
(2) No person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a permit was issued ithout
notifying, filing details with and obtaining the authorization of the Chief Building Official.
(3) No person shall erect or install or cause to be erected or installed any pool enclosure except in accordance with the plans, specifications, documents and any other information on the
basis of which a permit was issued and any changes to them authorized by the Chief Building Official.
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(4) No person shall place water or allow water to be placed in any pool to a depth of more than 460mm unless the pool is safely enclosed by a pool enclosure that complies with the standards set out in this by-law.
(5) Every pool shall continue to be enclosed by a pool enclosure that complies with the standards set out in this by-law so long as water remains, or is capable of remaining in the pool
to a depth of more than 460mm.
8. POOL ENCLOSURE STANDARDS
(1) Every pool enclosure shall be designed, constructed and maintained so as to discourage the entry of small children into the pool area.
(2) The following standards are deemed by the Corporation to satisfy the intent of Article 8.(1) above.
(a)HEIGHT:Every pool enclosure shall be not less than 1.2 metres (47.23 inches) in height measured from the finished grade and any climbable fixture or feature on the exterior side of the pool enclosure, to the top of the pool enclosure, as determined at the time of the initial pool enclosure approval.
(b)RIGIDITY:Every pool enclosure shall be constructed and maintained to be rigid and secure, able to resist any reasonable lateral forces that may be applied to the enclosure material
within its minimum required height.
(c)OPENINGS:No openings, spaces or gaps in the enclosure material shall allow the passage of a spherical object having a diameter of 100 mm (3.94 inches) within the enclosure’s minimum required height.
(d)NON-CLIMBABLE:Within the enclosure’s minimum required height, no horizontal or diagonal components shall be located so as to facilitate the climbing of the enclosure. Horizontal or diagonal members shall be spaced not less than 900 mm (35.42 inches) measured between the top edge of adjacent members.
(e)GATES AND DOORS:All gates and doors of the pool enclosure other than from the property’s dwelling unit, shall be kept in a closed, secure and latched position whenever the pool area is unattended by a supervisory adult. All gates shall be of equivalent construction and height as the minimum requirements of the pool enclosure and shall be supported on substantial hinges.
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(3) Without limiting the generality of the above noted principles, the following situations shall be further regulated within the minimum required height of the enclosure as follows.
(a) BOARD FENCES
(i) All board material shall be of minimum 19 mm thickness (1 inch nominal thickness).
(ii) All horizontal support rails shall be of minimum 39 mm x 89 mm (nominal 2″ x 4″) material.
(iii)All support posts shall be of minimum 89 mm x 89 mm (nominal 4″ x 4″) material spaced not more than 2.5m (8.2 feet) apart.
(b) LATTICE FENCES
(i) The openings of any lattice material shall be not greater than 51mm x 51mm (2″ x 2″) in size.
(ii) All lattice material shall be laterally supported at all edges and at horizontal and vertical spacing of not more than 1.2 metres (3.94 ft).
(c) CHAIN LINK FENCES
(i) All chain link fences, posts and rails shall be of galvanized or vinyl coated material.
(ii) All chain link mesh material shall be a minimum of No. 14 gauge wire.
(iii)The openings of any chain link fencing material shall be not greater than 51 mm x 51 mm (2 inch x 2 inch) in size.
(iv) The chain link mesh material shall be supported at the top and bottom by an approved reinforcing cable or a rail.
(v) Every chain link pool enclosure shall be supported by posts that are not less than 38 mm (1.5 inches) in diameter, spaced not more than 2.5 metres (8.20 ft.) apart.
(d) ABOVE GROUND POOLS
Only the ladders or stairs providing access to an above ground pool need be enclosed in accordance with this by-law provided the following conditions are maintained:
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(i) The sides of an above ground pool
shall be not less than 1.2 metres
(3.94 ft.) in height measured from
the finished grade and any climbable
fixture or feature on the exterior
face of the pool wall to the top rail
of the pool wall, as determined at
the time of the initial pool
enclosure approval.
(ii) Pumps, air conditioners, heaters,
filters or other appliances or
equipment shall be located not less
than 1.2 metres (3.94 ft.) from the
top rail of the pool walls or shall
be enclosed in accordance with this
by-law.
(e) SPAS
Outdoor spas need not be enclosed by
a pool enclosure provided they are
enclosed by a solid, locked cover
that is secured over the entire water
surface when the area surrounding the
spa is unattended by a supervisory
adult.
(f) OTHER MATERIALS
(i) Other fencing materials may be
approved by the Chief Building
Official where it can be
demonstrated that the material
will perform with an equivalent
degree of safety as outlined in
Section 8 (2) of this by-law.
(g) TEMPORARY FENCING
For a period of not more than two
weeks, sections of a pool enclosure
can be replaced with temporary
fencing material such as plastic mesh
to facilitate maintenance or access
to the pool area, provided the
temporary fence material is;
(i) at least 1.2 metres (3.94 ft.)
in height
(ii) securely supported by posts
spaced not more than 2.0 metres
(6.56 ft.) apart, and
(iii) securely fastened to the
remaining sections of the pool
enclosure.
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(h) PROHIBITED MATERIALS
(i) No barbed wire or anything
having similar dangerous
characteristics are permitted as
a component of a pool enclosure.
(ii) No electrical current is
permitted to be connected to or
conducted through any part of a
pool enclosure.
9. PENALTIES
(1) Any person who contravenes any provision of
this by-law is guilty of an offence.
(2) A person who is convicted of an offence is
liable to a $5,000 fine as setout in the
Provincial Offences Act and in By-law 90-268.
10.BY-LAW REPEALED
(1)That By-law 77-104 is hereby repealed.
(2)This by-law comes into force and has effect on the
date of its enactment.
READ a first and second time this 18th day of April,
1994.
READ a third time and finally passed this 18th day of
April, 1994.
THE CORPORATION OF THE CITY OF BARRIE
____________________________________
MAYOR
____________________________________
CITY CLERK
BY-LAW NUMBER 94-
SCHEDULE “A”
1. FEES
The following fees shall be collected by the Chief
Building Official.
(a) Pool Enclosure Permit $ 50
(b) Pool Enclosure Permit when project
is combined with a deck permit or
changehouse permit issued concurrently $ 25
(c) Reinspections pursuant to an
Order to Comply $ 20
(d) Letters confirming compliance $ 30
2. PERMIT FEE REFUNDS
Upon receipt of a written request, the Chief Building
Official shall refund 60% of the permit fee where the
permit is being cancelled or has been revoked,
provided the request is received not more than 30 days
after the permit has been cancelled or revoked and no
inspections have been performed.
POLICY & PROCEDURE
FOR
POOL FENCE ENCLOSURES
1. REGULATION
The requirement to safely enclose a pool is a regulatory
matter of the City of Barrie administered by the Chief
Building Official. The regulations are contained in a
municipal by-law.
2. PERMIT APPLICATIONS
(a)Applications for a pool enclosure permit shall be
submitted by the owner or his agent, on prescribed
forms, to the office of the Chief Building
Official.
(b)The applications shall be reviewed and discussed
with the applicant to confirm thoroughness of
information. Fees shall be collected and a
receipt issued.
(c)The application shall be entered into the computer
filing system, and a permit number assigned to the
application.
(d)A file folder shall be prepared with supplementary
forms and a permit placard.
(e)The file shall be reviewed for compliance with the
municipal zoning by-law and signed by the zoning
inspector.
(f)The file shall be reviewed by any other municipal
staff as deemed necessary to confirm compliance of
the project with any other municipal regulations.
(i)The owner shall be notified of any other agency
approvals that may be required to be submitted, as
soon as they become known.
(j)Plans describing the type of pool enclosure shall
be reviewed for compliance with the pool enclosure
by-law.
(k)The owner shall be notified of any issues that may
affect the issuance of a permit forthwith as they
arise.
3. PERMIT ISSUANCE
(a)The permit shall be issued when the application has
been reviewed thoroughly and found to be in
compliance with all regulatory requirements.
(b)The applicant shall be notified of the permit
issuance and asked to come to the office to pick
up the permit documents. The applicant shall be
advised of the required inspection notification.
4. INSPECTIONS
(a)An inspection shall be carried out as soon as
possible after receiving notification of the
readiness to inspect.
(b)Notwithstanding the requirement to be notified, an
inspection shall be carried out of a property when
the permit is more than 4 weeks old and no
notification has been received.
(c)When inspecting, the pool enclosure shall be
thoroughly inspected to confirm compliance of the
enclosure with the requirements of the pool
enclosure by-law and of the approved permit
drawings.
4. (d)If the pool enclosure is complete and satisfactory,
the owner shall be advised that the pool can be
filled and that no further inspections will be
required.
(e)If the pool enclosure includes any sections of
temporary fencing, and such enclosure meets the
requirements of the pool enclosure by-law, the
owner shall be advised that the pool can be
filled, but that the enclosure must be completed
with permanent fencing within two weeks, and
notification given for a re-inspection.
(f)When reinspection of a pool enclosure is required
due to temporary fencing, the inspector shall
schedule to return to the property in two weeks
time, even if notification is not received.
5. CLOSING FILES
(a)The inspection file for a pool enclosure permit
shall be closed as soon as possible following a
satisfactory inspection of the completed pool
enclosure.
6. ENFORCEMENT
(a)If, during an inspection pursuant to a pool
enclosure permit, it is found that the pool
enclosure does not meet any item of the by-law
regulation, the owner shall be notified of the
deficiency and the options available to correct
same. The owner shall be asked to notify the
office for a re-inspection prior to the placing of
any water in the pool.
(b)Notwithstanding the requirement to notify, the
inspector shall schedule to return to the property
1 week following the last inspection.
(c)If, upon reinspection, it is found the deficiency
has not been satisfactorily resolved, the
inspector shall provide the owner with a written
order, specifying the deficiency, and requiring
compliance and a reinspection of the pool
enclosure prior to filling the pool. A maximum of
1 week shall be granted to comply with the by-law.
(d)Unless notified earlier, the inspector shall return
to the property 1 week from the last inspection to
determine compliance of the pool enclosure. An
inspection fee is charged for this inspection.
(e)If, upon reinspection, the pool enclosure remains
incomplete, the inspector shall prepare for court
charges as per the Provincial Offences Act.
DANGEROUS CONDITIONS
(f)If, at any time, the inspector discovers any
dangerous, unsafe conditions, such conditions
shall be brought to the attention of the Chief
Building Official to determine what emergency
measures are to be taken to protect the public.
WATER IN BEFORE AUTHORIZED
(g)If, upon inspection of a property, water has been
placed in a pool and the pool enclosure does not
meet the requirements of the by-law, the inspector
shall issue an order to the owner requiring
compliance with at least temporary fencing within
24 hours, after which the inspector shall prepare
for court charges if the matter is not corrected.
6. NO PERMIT
(h)If, during the normal course of duties, an
inspector finds a pool installed and there is no
record of a permit issued for the pool enclosure,
the inspector shall notify the owner in writing of
the violation of the by-law. The pool enclosure
shall be inspected thoroughly forthwith to
determine compliance. Any deficiencies found
shall be identified in writing to the owner, who
shall be given 24 hours to correct any
deficiencies with at least temporary fencing,
after which the inspector shall prepare for court
charges if the matter of the deficiencies are not
corrected. The owner shall be granted one week to
submit an application for a permit, with
appropriate follow up by the inspector.
COMPLAINTS
(i)Upon receipt of a bona fide complaint, an inspector
shall attend to a property where it is alleged
that a pool enclosure has not been provided or
maintained.
(j)If, upon inspection, it is found that the pool
enclosure does not meet the requirements of the
pool enclosure by-law, such deficiencies shall be
identified in writing to the owner, who shall be
given no more than 1 week to correct the matter.
(k)Unless notified earlier, the inspector shall return
to the property after 1 week to confirm
satisfactory compliance of the pool fence
enclosure. If the enclosure remains incomplete,
the inspector shall prepare for court charges as
per the Provincial Offences Act.
PERFORMING WORK
(l)If for any reason, a pool enclosure is not
adequately secured, the inspector may, after
reasonable notice, enter upon the lands with a
contractor to perform such work as necessary to
restore or complete the requirements for a safe
pool enclosure. All charges shall be invoiced to
the property owner or collected in a like-manner
as taxes, as authorized by Section 325 of the
Municipal Act.