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\u00a0By-Law 94-59 \u00a0To regulate the protective\u00a0enclosure of privately owned\u00a0outdoor swimming pools and to\u00a0repeal By-law 77-104.<\/span><\/p>\n This By-law is printed under and by\u00a0\u00a0authority of the Council of the City of\u00a0Barrie, Ontario, Canada<\/p>\n Disclaimer: Bill # 73 (d) state the names, addresses and telephone\u00a0numbers of the owner, applicant and the\u00a0constructor; (e)GATES AND DOORS:All gates and doors of the\u00a0pool enclosure other than from the\u00a0property’s dwelling unit, shall be\u00a0kept in a closed, secure and latched\u00a0position whenever the pool area is\u00a0unattended by a supervisory adult.\u00a0All gates shall be of equivalent construction\u00a0and height as the minimum requirements of the\u00a0pool enclosure and shall be supported on\u00a0substantial hinges. (d) ABOVE GROUND POOLS [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"City of Barrie Pool and Spa Fencing Requirements\n\nBy-Law 94-59 \u00a0To regulate the protective\u00a0enclosure of privately owned\u00a0outdoor swimming pools and to\u00a0repeal By-law 77-104.\n\nThis By-law is printed under and by\u00a0\u00a0authority of the Council of the City of\u00a0Barrie, Ontario, Canada\n\nDisclaimer:\nThe following consolidation is an electronic reproduction made available for information\nonly. It is not an official version of the By-law. The format may be different, and plans,\npictures, other graphics or text may be missing or altered. The City of Barrie does not\nwarrant the accuracy of this electronic version.\nThis consolidation can not be distributed or used for commercial purposes. It may be used\nfor other purposes, only if you repeat this disclaimer and the notice of copyright. Official\nversions of all By-laws can be obtained from the City Clerk\u2019s Office by calling (705) 739-4204.\n\nBill # 73\nBY-LAW NUMBER 94-59\u00a0A By-law of the Corporation of the City\u00a0of Barrie to regulate the protective\u00a0enclosure of privately owned outdoor\u00a0swimming pools and to repeal By-law\u00a077-104\nWHEREAS, Subsection 23 of Section 210 of the\u00a0Municipal Act, 1990, (Chapter 302 of R.S.O.) permits a\u00a0by-law to be passed by a municipal council to regulate\u00a0fences and gates that enclose privately owned outdoor\u00a0swimming pools and other related matters,\u00a0AND WHEREAS, the Council of The Corporation of the\u00a0City of Barrie deems it expedient to provide such\u00a0regulations,\nAND WHEREAS, the Council of The Corporation of the\u00a0City of Barrie adopted By-law 77-104,\nAND WHEREAS, by resolution 94-G-124, the Council of\nThe Corporation of the City of Barrie deems it expedient\u00a0to amend the by-law to regulate the protective enclosure\u00a0of privately owned outdoor swimming pools.\nNOW THEREFORE, the Council of the Corporation of the\u00a0City of Barrie enacts as follows:\n1. SHORT TITLE\nThis By-law may be cited as the \"Pool Enclosure\u00a0By-law\".\n2. DEFINITIONS\nIn this By-law:\n(1) \"Authority having jurisdiction\" means the Chief\u00a0Building Official and any Building Inspector or\u00a0Property Standards Officer authorized by the\u00a0Chief Building Official to administer this bylaw.\n(2) \"Building Inspector\" means an inspector\u00a0appointed by the Council of the Corporation to\u00a0inspect buildings and structures pursuant to\u00a0the Building Code Act.\n(3) \"Chief Building Official\" means the person\u00a0appointed by the Council of the Corporation to\u00a0administer the Building Code pursuant to the\u00a0Building Code Act.\n(4) \"Corporation\" means the Corporation of the City\u00a0of Barrie.\n(5) \"Enclosure\" means a fence, wall or other\u00a0structure or thing, including gates and doors,\u00a0which surrounds the perimeter of a pool which\u00a0would discourage the entry of a person into the\nenclosed area.\n- 2 -\n(6) \"Pool\" means a privately-owned outdoor body of\u00a0water,\n(a) contained in a container that is,\n(i)artificial, manufactured or assembled;\n(ii)capable of retaining water measuring\u00a0more than 460mm (18.1 inches) in depth\u00a0at any point, and\n(iii)capable of being used for swimming,\u00a0bathing, diving or wading,\n(6) (b) and includes,\n(i)manufactured swimming pools, both\u00a0above-ground and in-ground;\n(ii)custom built pools; and\n(iii)hot tubs and spas,\n(c) but does not include,\n(i)irrigation ponds on farms used for\nwatering livestock or for irrigation;\n(ii)naturally formed depressions in the\u00a0ground surfaces\n(iii)garden or fish ponds used as\u00a0landscaping features with plant\nmaterials grown in and around the\u00a0pond; and\n(iv)public swimming pools as defined and\u00a0regulated by the Ontario Building\u00a0Code.\n(7) \"Property Standards Officer\" means an inspector\u00a0appointed by the Council of the Corporation\u00a0assigned the duties of enforcing the\u00a0Corporation's Minimum Property Maintenance and\nOccupancy Standards By-law.\n3. ADMINISTRATION AND ENFORCEMENT\nThe Chief Building Official shall be responsible for\u00a0the administration and enforcement of this by-law.\n4. POOL ENCLOSURE PERMIT\n(1) No person shall excavate for, erect or install\u00a0a pool, or cause the excavation for, erection\u00a0of or installation of a pool unless a permit\u00a0for the pool enclosure has been issued by the\nChief Building Official.\n(2) To obtain a pool enclosure permit, an applicant\u00a0shall file an application in writing on forms\u00a0prescribed by and available from the Chief\u00a0Building Official, and shall supply any other\ninformation relating to the application as\u00a0required by the Chief Building Official.\u00a0- 3 -\n(3)Every pool enclosure permit application shall:\n(a) describe the land on which the work is to\u00a0be done, by a description that will\u00a0readily identify and locate the site on\u00a0which the pool will exist;\n(b) be accompanied by plans, sketches and\u00a0specifications about the pool enclosure as\u00a0described in this by-law;\n(c) be accompanied by the required fees as\u00a0determined in accordance with Schedule\u00a0\"A\";\n\n(d) state the names, addresses and telephone\u00a0numbers of the owner, applicant and the\u00a0constructor;\n(e) be signed by the applicant who shall\u00a0certify as to the truth of the contents of\u00a0the application.\n(4) The Chief Building Official shall, where the\u00a0conditions in Subsection 4(3) above have been\u00a0fulfilled, issue a pool enclosure permit to the\u00a0applicant unless,\n(a)the proposed pool or pool enclosure will\ncontravene this by-law or any other\napplicable law;\n(b)the application for it is incomplete; or\n(c)any fees due are unpaid.\n(5) Where an application for a permit remains\u00a0incomplete or inactive for 30 days after it is\u00a0made, the application may be deemed by the\u00a0Chief Building Official to have been abandoned,\nwithout further notice to the applicant.\n5. PLANS AND SPECIFICATIONS\n(1) Every applicant shall furnish,\n(a) sufficient plans, specifications,\u00a0documents and other information to enable\u00a0the Chief Building Official to determine\u00a0whether the proposed pool enclosure\u00a0conforms to this by-law and any other\u00a0applicable laws;\n(b) a site plan referenced to a current plan\u00a0of survey certified by a registered\u00a0Ontario Land Surveyor and a copy of such a\u00a0survey shall be filed with the\u00a0municipality unless this equirement is\u00a0waived because the Chief Building Official\u00a0is able, without having a current plan of\u00a0survey, to determine whether the proposed\u00a0pool and pool enclosure conforms to this\u00a0by-law and any other applicable laws. The\u00a0site plan shall include,\n- 4 -\u00a0(i)lot size and dimensions of the\nproperty;\n(ii)setbacks of the pool and pool\nenclosure from existing and proposed\nbuildings and property lines;\n(iii)existing and finished ground levels\u00a0or grades, and\n(iv)existing rights of way, easements and\u00a0municipal services.\n(2) Plans submitted shall be legible and be drawn\u00a0to scale upon paper or other suitable and\u00a0durable material to the satisfaction of the\u00a0Chief Building Official.\n(3) Plans and specifications furnished according to\u00a0this by-law become the property of the\u00a0municipality and will be disposed of or\u00a0retained in accordance with relevant\u00a0legislation.\n6. FEES\n(1) The Chief Building Official shall determine the\nrequired fees calculated in accordance with\nSchedule \"A\" for the proposed pool enclosure\nand the applicant shall pay such fees at the\ntime of making an application.\n(2) Upon written request, the Chief Building\u00a0Official shall determine the amount of fees, if\u00a0any, that may be refunded in accordance with\u00a0Schedule \"A\" in the case of,\n(a) withdrawal of an application,\n(b) abandonment of an application,\n(c) denial of a permit, or\n(d) revoking of a permit.\n7. POOL ENCLOSURE COMPLIANCE\n(1) No person shall erect or install or cause to be\u00a0erected or installed any pool enclosure except\u00a0in accordance with this by-law.\n(2) No person shall make a material change or cause\u00a0a material change to be made to a plan,\u00a0specification, document or other information on\u00a0the basis of which a permit was issued ithout\nnotifying, filing details with and obtaining\u00a0the authorization of the Chief Building\u00a0Official.\n(3) No person shall erect or install or cause to be\u00a0erected or installed any pool enclosure except\u00a0in accordance with the plans, specifications,\u00a0documents and any other information on the\nbasis of which a permit was issued and any\u00a0changes to them authorized by the Chief\u00a0Building Official.\n- 5 -\n(4) No person shall place water or allow water to\u00a0be placed in any pool to a depth of more than\u00a0460mm unless the pool is safely enclosed by a\u00a0pool enclosure that complies with the standards\u00a0set out in this by-law.\n(5) Every pool shall continue to be enclosed by a\u00a0pool enclosure that complies with the standards\u00a0set out in this by-law so long as water\u00a0remains, or is capable of remaining in the pool\nto a depth of more than 460mm.\n8. POOL ENCLOSURE STANDARDS\n(1) Every pool enclosure shall be designed,\u00a0constructed and maintained so as to discourage\u00a0the entry of small children into the pool area.\n(2) The following standards are deemed by the\u00a0Corporation to satisfy the intent of Article\u00a08.(1) above.\n(a)HEIGHT:Every pool enclosure shall be not\u00a0less than 1.2 metres (47.23 inches)\u00a0in height measured from the finished\u00a0grade and any climbable fixture or\u00a0feature on the exterior side of the\u00a0pool enclosure, to the top of the\u00a0pool enclosure, as determined at the\u00a0time of the initial pool enclosure\u00a0approval.\n(b)RIGIDITY:Every pool enclosure shall be\u00a0constructed and maintained to be\u00a0rigid and secure, able to resist any\u00a0reasonable lateral forces that may be\u00a0applied to the enclosure material\nwithin its minimum required height.\n(c)OPENINGS:No openings, spaces or gaps in the\u00a0enclosure material shall allow the\u00a0passage of a spherical object having\u00a0a diameter of 100 mm (3.94 inches)\u00a0within the enclosure's minimum\u00a0required height.\n(d)NON-CLIMBABLE:Within the enclosure's minimum\u00a0required height, no horizontal or\u00a0diagonal components shall be located\u00a0so as to facilitate the climbing of\u00a0the enclosure. Horizontal or\u00a0diagonal members shall be spaced not\u00a0less than 900 mm (35.42 inches)\u00a0measured between the top edge of\u00a0adjacent members.\n\n(e)GATES AND DOORS:All gates and doors of the\u00a0pool enclosure other than from the\u00a0property's dwelling unit, shall be\u00a0kept in a closed, secure and latched\u00a0position whenever the pool area is\u00a0unattended by a supervisory adult.\u00a0All gates shall be of equivalent construction\u00a0and height as the minimum requirements of the\u00a0pool enclosure and shall be supported on\u00a0substantial hinges.\n- 6 -\n(3) Without limiting the generality of the above\u00a0noted principles, the following situations\u00a0shall be further regulated within the minimum\u00a0required height of the enclosure as follows.\n(a) BOARD FENCES\n(i) All board material shall be of\u00a0minimum 19 mm thickness (1 inch\u00a0nominal thickness).\n(ii) All horizontal support rails\u00a0shall be of minimum 39 mm x 89 mm\u00a0(nominal 2\" x 4\") material.\n(iii)All support posts shall be of\u00a0minimum 89 mm x 89 mm (nominal 4\"\u00a0x 4\") material spaced not more\u00a0than 2.5m (8.2 feet) apart.\n(b) LATTICE FENCES\n(i) The openings of any lattice\u00a0material shall be not greater\u00a0than 51mm x 51mm (2\" x 2\") in\u00a0size.\n(ii) All lattice material shall be\u00a0laterally supported at all edges\u00a0and at horizontal and vertical\u00a0spacing of not more than 1.2\u00a0metres (3.94 ft).\n(c) CHAIN LINK FENCES\n(i) All chain link fences, posts and\u00a0rails shall be of galvanized or\u00a0vinyl coated material.\n(ii) All chain link mesh material\u00a0shall be a minimum of No. 14\u00a0gauge wire.\n(iii)The openings of any chain link\u00a0fencing material shall be not\u00a0greater than 51 mm x 51 mm (2 inch\u00a0x 2 inch) in size.\n(iv) The chain link mesh material\u00a0shall be supported at the top\u00a0and bottom by an approved\u00a0reinforcing cable or a rail.\n(v) Every chain link pool enclosure\u00a0shall be supported by posts that\u00a0are not less than 38 mm (1.5\u00a0inches) in diameter, spaced not\u00a0more than 2.5 metres (8.20 ft.)\u00a0apart.\n\n(d) ABOVE GROUND POOLS\nOnly the ladders or stairs providing\u00a0access to an above ground pool need\u00a0be enclosed in accordance with this\u00a0by-law provided the following\u00a0conditions are maintained:\n- 7 -\n(i) The sides of an above ground pool\nshall be not less than 1.2 metres\n(3.94 ft.) in height measured from\nthe finished grade and any climbable\nfixture or feature on the exterior\nface of the pool wall to the top rail\nof the pool wall, as determined at\nthe time of the initial pool\nenclosure approval.\n(ii) Pumps, air conditioners, heaters,\nfilters or other appliances or\nequipment shall be located not less\nthan 1.2 metres (3.94 ft.) from the\ntop rail of the pool walls or shall\nbe enclosed in accordance with this\nby-law.\n(e) SPAS\nOutdoor spas need not be enclosed by\na pool enclosure provided they are\nenclosed by a solid, locked cover\nthat is secured over the entire water\nsurface when the area surrounding the\nspa is unattended by a supervisory\nadult.\n(f) OTHER MATERIALS\n(i) Other fencing materials may be\napproved by the Chief Building\nOfficial where it can be\ndemonstrated that the material\nwill perform with an equivalent\ndegree of safety as outlined in\nSection 8 (2) of this by-law.\n(g) TEMPORARY FENCING\nFor a period of not more than two\nweeks, sections of a pool enclosure\ncan be replaced with temporary\nfencing material such as plastic mesh\nto facilitate maintenance or access\nto the pool area, provided the\ntemporary fence material is;\n(i) at least 1.2 metres (3.94 ft.)\nin height\n(ii) securely supported by posts\nspaced not more than 2.0 metres\n(6.56 ft.) apart, and\n(iii) securely fastened to the\nremaining sections of the pool\nenclosure.\n- 8 -\n(h) PROHIBITED MATERIALS\n(i) No barbed wire or anything\nhaving similar dangerous\ncharacteristics are permitted as\na component of a pool enclosure.\n(ii) No electrical current is\npermitted to be connected to or\nconducted through any part of a\npool enclosure.\n9. PENALTIES\n(1) Any person who contravenes any provision of\nthis by-law is guilty of an offence.\n(2) A person who is convicted of an offence is\nliable to a $5,000 fine as setout in the\nProvincial Offences Act and in By-law 90-268.\n10.BY-LAW REPEALED\n(1)That By-law 77-104 is hereby repealed.\n(2)This by-law comes into force and has effect on the\ndate of its enactment.\nREAD a first and second time this 18th day of April,\n1994.\nREAD a third time and finally passed this 18th day of\nApril, 1994.\nTHE CORPORATION OF THE CITY OF BARRIE\n____________________________________\nMAYOR\n____________________________________\nCITY CLERK\nBY-LAW NUMBER 94-\nSCHEDULE \"A\"\n1. FEES\nThe following fees shall be collected by the Chief\nBuilding Official.\n(a) Pool Enclosure Permit $ 50\n(b) Pool Enclosure Permit when project\nis combined with a deck permit or\nchangehouse permit issued concurrently $ 25\n(c) Reinspections pursuant to an\nOrder to Comply $ 20\n(d) Letters confirming compliance $ 30\n2. PERMIT FEE REFUNDS\nUpon receipt of a written request, the Chief Building\nOfficial shall refund 60% of the permit fee where the\npermit is being cancelled or has been revoked,\nprovided the request is received not more than 30 days\nafter the permit has been cancelled or revoked and no\ninspections have been performed.\nPOLICY & PROCEDURE\nFOR\nPOOL FENCE ENCLOSURES\n1. REGULATION\nThe requirement to safely enclose a pool is a regulatory\nmatter of the City of Barrie administered by the Chief\nBuilding Official. The regulations are contained in a\nmunicipal by-law.\n2. PERMIT APPLICATIONS\n(a)Applications for a pool enclosure permit shall be\nsubmitted by the owner or his agent, on prescribed\nforms, to the office of the Chief Building\nOfficial.\n(b)The applications shall be reviewed and discussed\nwith the applicant to confirm thoroughness of\ninformation. Fees shall be collected and a\nreceipt issued.\n(c)The application shall be entered into the computer\nfiling system, and a permit number assigned to the\napplication.\n(d)A file folder shall be prepared with supplementary\nforms and a permit placard.\n(e)The file shall be reviewed for compliance with the\nmunicipal zoning by-law and signed by the zoning\ninspector.\n(f)The file shall be reviewed by any other municipal\nstaff as deemed necessary to confirm compliance of\nthe project with any other municipal regulations.\n(i)The owner shall be notified of any other agency\napprovals that may be required to be submitted, as\nsoon as they become known.\n(j)Plans describing the type of pool enclosure shall\nbe reviewed for compliance with the pool enclosure\nby-law.\n(k)The owner shall be notified of any issues that may\naffect the issuance of a permit forthwith as they\narise.\n3. PERMIT ISSUANCE\n(a)The permit shall be issued when the application has\nbeen reviewed thoroughly and found to be in\ncompliance with all regulatory requirements.\n(b)The applicant shall be notified of the permit\nissuance and asked to come to the office to pick\nup the permit documents. The applicant shall be\nadvised of the required inspection notification.\n4. INSPECTIONS\n(a)An inspection shall be carried out as soon as\npossible after receiving notification of the\nreadiness to inspect.\n(b)Notwithstanding the requirement to be notified, an\ninspection shall be carried out of a property when\nthe permit is more than 4 weeks old and no\nnotification has been received.\n(c)When inspecting, the pool enclosure shall be\nthoroughly inspected to confirm compliance of the\nenclosure with the requirements of the pool\nenclosure by-law and of the approved permit\ndrawings.\n4. (d)If the pool enclosure is complete and satisfactory,\nthe owner shall be advised that the pool can be\nfilled and that no further inspections will be\nrequired.\n(e)If the pool enclosure includes any sections of\ntemporary fencing, and such enclosure meets the\nrequirements of the pool enclosure by-law, the\nowner shall be advised that the pool can be\nfilled, but that the enclosure must be completed\nwith permanent fencing within two weeks, and\nnotification given for a re-inspection.\n(f)When reinspection of a pool enclosure is required\ndue to temporary fencing, the inspector shall\nschedule to return to the property in two weeks\ntime, even if notification is not received.\n5. CLOSING FILES\n(a)The inspection file for a pool enclosure permit\nshall be closed as soon as possible following a\nsatisfactory inspection of the completed pool\nenclosure.\n6. ENFORCEMENT\n(a)If, during an inspection pursuant to a pool\nenclosure permit, it is found that the pool\nenclosure does not meet any item of the by-law\nregulation, the owner shall be notified of the\ndeficiency and the options available to correct\nsame. The owner shall be asked to notify the\noffice for a re-inspection prior to the placing of\nany water in the pool.\n(b)Notwithstanding the requirement to notify, the\ninspector shall schedule to return to the property\n1 week following the last inspection.\n(c)If, upon reinspection, it is found the deficiency\nhas not been satisfactorily resolved, the\ninspector shall provide the owner with a written\norder, specifying the deficiency, and requiring\ncompliance and a reinspection of the pool\nenclosure prior to filling the pool. A maximum of\n1 week shall be granted to comply with the by-law.\n(d)Unless notified earlier, the inspector shall return\nto the property 1 week from the last inspection to\ndetermine compliance of the pool enclosure. An\ninspection fee is charged for this inspection.\n(e)If, upon reinspection, the pool enclosure remains\nincomplete, the inspector shall prepare for court\ncharges as per the Provincial Offences Act.\nDANGEROUS CONDITIONS\n(f)If, at any time, the inspector discovers any\ndangerous, unsafe conditions, such conditions\nshall be brought to the attention of the Chief\nBuilding Official to determine what emergency\nmeasures are to be taken to protect the public.\nWATER IN BEFORE AUTHORIZED\n(g)If, upon inspection of a property, water has been\nplaced in a pool and the pool enclosure does not\nmeet the requirements of the by-law, the inspector\nshall issue an order to the owner requiring\ncompliance with at least temporary fencing within\n24 hours, after which the inspector shall prepare\nfor court charges if the matter is not corrected.\n6. NO PERMIT\n(h)If, during the normal course of duties, an\ninspector finds a pool installed and there is no\nrecord of a permit issued for the pool enclosure,\nthe inspector shall notify the owner in writing of\nthe violation of the by-law. The pool enclosure\nshall be inspected thoroughly forthwith to\ndetermine compliance. Any deficiencies found\nshall be identified in writing to the owner, who\nshall be given 24 hours to correct any\ndeficiencies with at least temporary fencing,\nafter which the inspector shall prepare for court\ncharges if the matter of the deficiencies are not\ncorrected. The owner shall be granted one week to\nsubmit an application for a permit, with\nappropriate follow up by the inspector.\nCOMPLAINTS\n(i)Upon receipt of a bona fide complaint, an inspector\nshall attend to a property where it is alleged\nthat a pool enclosure has not been provided or\nmaintained.\n(j)If, upon inspection, it is found that the pool\nenclosure does not meet the requirements of the\npool enclosure by-law, such deficiencies shall be\nidentified in writing to the owner, who shall be\ngiven no more than 1 week to correct the matter.\n(k)Unless notified earlier, the inspector shall return\nto the property after 1 week to confirm\nsatisfactory compliance of the pool fence\nenclosure. If the enclosure remains incomplete,\nthe inspector shall prepare for court charges as\nper the Provincial Offences Act.\nPERFORMING WORK\n(l)If for any reason, a pool enclosure is not\nadequately secured, the inspector may, after\nreasonable notice, enter upon the lands with a\ncontractor to perform such work as necessary to\nrestore or complete the requirements for a safe\npool enclosure. All charges shall be invoiced to\nthe property owner or collected in a like-manner\nas taxes, as authorized by Section 325 of the\nMunicipal Act.","_et_gb_content_width":"","wpmdr_menu":2,"wpmdr_menu_extended":{"individualPostRemove":1,"individualPostRemoveDate":1,"individualPostRemoveAuthor":1,"individualPostYoastRemovePublished":1,"individualPostYoastRemoveModified":1},"footnotes":""},"categories":[11],"tags":[],"class_list":["post-2103","post","type-post","status-publish","format-standard","hentry","category-decks-2"],"yoast_head":"\n
\nThe following consolidation is an electronic reproduction made available for information\u00a0only. It is not an official version of the By-law. The format may be different, and plans,\u00a0pictures, other graphics or text may be missing or altered. The City of Barrie does not\u00a0warrant the accuracy of this electronic version.\u00a0This consolidation can not be distributed or used for commercial purposes. It may be used\u00a0for other purposes, only if you repeat this disclaimer and the notice of copyright. Official versions of all By-laws can be obtained from the City Clerk\u2019s Office by calling (705) 739-4204.<\/p>\n
\nBY-LAW NUMBER 94-59\u00a0A By-law of the Corporation of the City\u00a0of Barrie to regulate the protective\u00a0enclosure of privately owned outdoor\u00a0swimming pools and to repeal By-law\u00a077-104
\nWHEREAS, Subsection 23 of Section 210 of the\u00a0Municipal Act, 1990, (Chapter 302 of R.S.O.) permits a\u00a0by-law to be passed by a municipal council to regulate\u00a0fences and gates that enclose privately owned outdoor\u00a0swimming pools and other related matters,\u00a0AND WHEREAS, the Council of The Corporation of the\u00a0City of Barrie deems it expedient to provide such\u00a0regulations,\u00a0AND WHEREAS, the Council of The Corporation of the\u00a0City of Barrie adopted By-law 77-104,\u00a0AND WHEREAS, by resolution 94-G-124, the Council of\u00a0The Corporation of the City of Barrie deems it expedient\u00a0to amend the by-law to regulate the protective enclosure\u00a0of privately owned outdoor swimming pools.
\nNOW THEREFORE, the Council of the Corporation of the\u00a0City of Barrie enacts as follows:
\n1. SHORT TITLE
\nThis By-law may be cited as the “Pool Enclosure\u00a0By-law”.
\n2. DEFINITIONS
\nIn this By-law:
\n(1) “Authority having jurisdiction” means the Chief\u00a0Building Official and any Building Inspector or\u00a0Property Standards Officer authorized by the\u00a0Chief Building Official to administer this bylaw.
\n(2) “Building Inspector” means an inspector\u00a0appointed by the Council of the Corporation to\u00a0inspect buildings and structures pursuant to\u00a0the Building Code Act.
\n(3) “Chief Building Official” means the person\u00a0appointed by the Council of the Corporation to\u00a0administer the Building Code pursuant to the\u00a0Building Code Act.
\n(4) “Corporation” means the Corporation of the City\u00a0of Barrie.
\n(5) “Enclosure” means a fence, wall or other\u00a0structure or thing, including gates and doors,\u00a0which surrounds the perimeter of a pool which\u00a0would discourage the entry of a person into the
\nenclosed area.
\n– 2 –
\n(6) “Pool” means a privately-owned outdoor body of\u00a0water,
\n(a) contained in a container that is,
\n(i)artificial, manufactured or assembled;
\n(ii)capable of retaining water measuring\u00a0more than 460 mm (18.1 inches) in depth\u00a0at any point, and
\n(iii)capable of being used for swimming,\u00a0bathing, diving or wading,
\n(6) (b) and includes,
\n(i)manufactured swimming pools, both\u00a0above-ground and in-ground;
\n(ii)custom built pools; and
\n(iii)hot tubs and spas,
\n(c) but does not include,
\n(i)irrigation ponds on farms used for
\nwatering livestock or for irrigation;
\n(ii)naturally formed depressions in the\u00a0ground surfaces
\n(iii)garden or fish ponds used as\u00a0landscaping features with plant
\nmaterials grown in and around the\u00a0pond; and
\n(iv)public swimming pools as defined and\u00a0regulated by the Ontario Building\u00a0Code.
\n(7) “Property Standards Officer” means an inspector\u00a0appointed by the Council of the Corporation\u00a0assigned the duties of enforcing the\u00a0Corporation’s Minimum Property Maintenance and
\nOccupancy Standards By-law.
\n3. ADMINISTRATION AND ENFORCEMENT
\nThe Chief Building Official shall be responsible for\u00a0the administration and enforcement of this by-law.
\n4. POOL ENCLOSURE PERMIT
\n(1) No person shall excavate for, erect or install\u00a0a pool, or cause the excavation for, erection\u00a0of or installation of a pool unless a permit\u00a0for the pool enclosure has been issued by the
\nChief Building Official.
\n(2) To obtain a pool enclosure permit, an applicant\u00a0shall file an application in writing on forms\u00a0prescribed by and available from the Chief\u00a0Building Official, and shall supply any other
\ninformation relating to the application as\u00a0required by the Chief Building Official.\u00a0– 3 –
\n(3)Every pool enclosure permit application shall:
\n(a) describe the land on which the work is to\u00a0be done, by a description that will\u00a0readily identify and locate the site on\u00a0which the pool will exist;
\n(b) be accompanied by plans, sketches and\u00a0specifications about the pool enclosure as\u00a0described in this by-law;
\n(c) be accompanied by the required fees as\u00a0determined in accordance with Schedule\u00a0“A”;<\/p>\n
\n(e) be signed by the applicant who shall\u00a0certify as to the truth of the contents of\u00a0the application.
\n(4) The Chief Building Official shall, where the\u00a0conditions in Subsection 4(3) above have been\u00a0fulfilled, issue a pool enclosure permit to the\u00a0applicant unless,
\n(a)the proposed pool or pool enclosure will
\ncontravene this by-law or any other
\napplicable law;
\n(b)the application for it is incomplete; or
\n(c)any fees due are unpaid.
\n(5) Where an application for a permit remains\u00a0incomplete or inactive for 30 days after it is\u00a0made, the application may be deemed by the\u00a0Chief Building Official to have been abandoned,
\nwithout further notice to the applicant.
\n5. PLANS AND SPECIFICATIONS
\n(1) Every applicant shall furnish,
\n(a) sufficient plans, specifications,\u00a0documents and other information to enable\u00a0the Chief Building Official to determine\u00a0whether the proposed pool enclosure\u00a0conforms to this by-law and any other\u00a0applicable laws;
\n(b) a site plan referenced to a current plan\u00a0of survey certified by a registered\u00a0Ontario Land Surveyor and a copy of such a\u00a0survey shall be filed with the\u00a0municipality unless this equirement is\u00a0waived because the Chief Building Official\u00a0is able, without having a current plan of\u00a0survey, to determine whether the proposed\u00a0pool and pool enclosure conforms to this\u00a0by-law and any other applicable laws. The\u00a0site plan shall include,
\n– 4 –\u00a0(i)lot size and dimensions of the
\nproperty;
\n(ii)setbacks of the pool and pool
\nenclosure from existing and proposed
\nbuildings and property lines;
\n(iii)existing and finished ground levels\u00a0or grades, and
\n(iv)existing rights of way, easements and\u00a0municipal services.
\n(2) Plans submitted shall be legible and be drawn\u00a0to scale upon paper or other suitable and\u00a0durable material to the satisfaction of the\u00a0Chief Building Official.
\n(3) Plans and specifications furnished according to\u00a0this by-law become the property of the\u00a0municipality and will be disposed of or\u00a0retained in accordance with relevant\u00a0legislation.
\n6. FEES
\n(1) The Chief Building Official shall determine the\u00a0required fees calculated in accordance with\u00a0Schedule “A” for the proposed pool enclosure
\nand the applicant shall pay such fees at the
\ntime of making an application.
\n(2) Upon written request, the Chief Building\u00a0Official shall determine the amount of fees, if\u00a0any, that may be refunded in accordance with\u00a0Schedule “A” in the case of,
\n(a) withdrawal of an application,
\n(b) abandonment of an application,
\n(c) denial of a permit, or
\n(d) revoking of a permit.
\n7. POOL ENCLOSURE COMPLIANCE
\n(1) No person shall erect or install or cause to be\u00a0erected or installed any pool enclosure except\u00a0in accordance with this by-law.
\n(2) No person shall make a material change or cause\u00a0a material change to be made to a plan,\u00a0specification, document or other information on\u00a0the basis of which a permit was issued ithout
\nnotifying, filing details with and obtaining\u00a0the authorization of the Chief Building\u00a0Official.
\n(3) No person shall erect or install or cause to be\u00a0erected or installed any pool enclosure except\u00a0in accordance with the plans, specifications,\u00a0documents and any other information on the
\nbasis of which a permit was issued and any\u00a0changes to them authorized by the Chief\u00a0Building Official.
\n– 5 –
\n(4) No person shall place water or allow water to\u00a0be placed in any pool to a depth of more than\u00a0460mm unless the pool is safely enclosed by a\u00a0pool enclosure that complies with the standards\u00a0set out in this by-law.
\n(5) Every pool shall continue to be enclosed by a\u00a0pool enclosure that complies with the standards\u00a0set out in this by-law so long as water\u00a0remains, or is capable of remaining in the pool
\nto a depth of more than 460mm.
\n8. POOL ENCLOSURE STANDARDS
\n(1) Every pool enclosure shall be designed,\u00a0constructed and maintained so as to discourage\u00a0the entry of small children into the pool area.
\n(2) The following standards are deemed by the\u00a0Corporation to satisfy the intent of Article\u00a08.(1) above.
\n(a)HEIGHT:Every pool enclosure shall be not\u00a0less than 1.2 metres (47.23 inches)\u00a0in height measured from the finished\u00a0grade and any climbable fixture or\u00a0feature on the exterior side of the\u00a0pool enclosure, to the top of the\u00a0pool enclosure, as determined at the\u00a0time of the initial pool enclosure\u00a0approval.
\n(b)RIGIDITY:Every pool enclosure shall be\u00a0constructed and maintained to be\u00a0rigid and secure, able to resist any\u00a0reasonable lateral forces that may be\u00a0applied to the enclosure material
\nwithin its minimum required height.
\n(c)OPENINGS:No openings, spaces or gaps in the\u00a0enclosure material shall allow the\u00a0passage of a spherical object having\u00a0a diameter of 100 mm (3.94 inches)\u00a0within the enclosure’s minimum\u00a0required height.
\n(d)NON-CLIMBABLE:Within the enclosure’s minimum\u00a0required height, no horizontal or\u00a0diagonal components shall be located\u00a0so as to facilitate the climbing of\u00a0the enclosure. Horizontal or\u00a0diagonal members shall be spaced not\u00a0less than 900 mm (35.42 inches)\u00a0measured between the top edge of\u00a0adjacent members.<\/p>\n
\n– 6 –
\n(3) Without limiting the generality of the above\u00a0noted principles, the following situations\u00a0shall be further regulated within the minimum\u00a0required height of the enclosure as follows.
\n(a) BOARD FENCES
\n(i) All board material shall be of\u00a0minimum 19 mm thickness (1 inch\u00a0nominal thickness).
\n(ii) All horizontal support rails\u00a0shall be of minimum 39 mm x 89 mm\u00a0(nominal 2″ x 4″) material.
\n(iii)All support posts shall be of\u00a0minimum 89 mm x 89 mm (nominal 4″\u00a0x 4″) material spaced not more\u00a0than 2.5m (8.2 feet) apart.
\n(b) LATTICE FENCES
\n(i) The openings of any lattice\u00a0material shall be not greater\u00a0than 51mm x 51mm (2″ x 2″) in\u00a0size.
\n(ii) All lattice material shall be\u00a0laterally supported at all edges\u00a0and at horizontal and vertical\u00a0spacing of not more than 1.2\u00a0metres (3.94 ft).
\n(c) CHAIN LINK FENCES
\n(i) All chain link fences, posts and\u00a0rails shall be of galvanized or\u00a0vinyl coated material.
\n(ii) All chain link mesh material\u00a0shall be a minimum of No. 14\u00a0gauge wire.
\n(iii)The openings of any chain link\u00a0fencing material shall be not\u00a0greater than 51 mm x 51 mm (2 inch\u00a0x 2 inch) in size.
\n(iv) The chain link mesh material\u00a0shall be supported at the top\u00a0and bottom by an approved\u00a0reinforcing cable or a rail.
\n(v) Every chain link pool enclosure\u00a0shall be supported by posts that\u00a0are not less than 38 mm (1.5\u00a0inches) in diameter, spaced not\u00a0more than 2.5 metres (8.20 ft.)\u00a0apart.<\/p>\n
\nOnly the ladders or stairs providing\u00a0access to an above ground pool need\u00a0be enclosed in accordance with this\u00a0by-law provided the following\u00a0conditions are maintained:
\n– 7 –
\n(i) The sides of an above ground pool
\nshall be not less than 1.2 metres
\n(3.94 ft.) in height measured from
\nthe finished grade and any climbable
\nfixture or feature on the exterior
\nface of the pool wall to the top rail
\nof the pool wall, as determined at
\nthe time of the initial pool
\nenclosure approval.
\n(ii) Pumps, air conditioners, heaters,
\nfilters or other appliances or
\nequipment shall be located not less
\nthan 1.2 metres (3.94 ft.) from the
\ntop rail of the pool walls or shall
\nbe enclosed in accordance with this
\nby-law.
\n(e) SPAS
\nOutdoor spas need not be enclosed by
\na pool enclosure provided they are
\nenclosed by a solid, locked cover
\nthat is secured over the entire water
\nsurface when the area surrounding the
\nspa is unattended by a supervisory
\nadult.
\n(f) OTHER MATERIALS
\n(i) Other fencing materials may be
\napproved by the Chief Building
\nOfficial where it can be
\ndemonstrated that the material
\nwill perform with an equivalent
\ndegree of safety as outlined in
\nSection 8 (2) of this by-law.
\n(g) TEMPORARY FENCING
\nFor a period of not more than two
\nweeks, sections of a pool enclosure
\ncan be replaced with temporary
\nfencing material such as plastic mesh
\nto facilitate maintenance or access
\nto the pool area, provided the
\ntemporary fence material is;
\n(i) at least 1.2 metres (3.94 ft.)
\nin height
\n(ii) securely supported by posts
\nspaced not more than 2.0 metres
\n(6.56 ft.) apart, and
\n(iii) securely fastened to the
\nremaining sections of the pool
\nenclosure.
\n– 8 –
\n(h) PROHIBITED MATERIALS
\n(i) No barbed wire or anything
\nhaving similar dangerous
\ncharacteristics are permitted as
\na component of a pool enclosure.
\n(ii) No electrical current is
\npermitted to be connected to or
\nconducted through any part of a
\npool enclosure.
\n9. PENALTIES
\n(1) Any person who contravenes any provision of
\nthis by-law is guilty of an offence.
\n(2) A person who is convicted of an offence is
\nliable to a $5,000 fine as setout in the
\nProvincial Offences Act and in By-law 90-268.
\n10.BY-LAW REPEALED
\n(1)That By-law 77-104 is hereby repealed.
\n(2)This by-law comes into force and has effect on the
\ndate of its enactment.
\nREAD a first and second time this 18th day of April,
\n1994.
\nREAD a third time and finally passed this 18th day of
\nApril, 1994.
\nTHE CORPORATION OF THE CITY OF BARRIE
\n____________________________________
\nMAYOR
\n____________________________________
\nCITY CLERK
\nBY-LAW NUMBER 94-
\nSCHEDULE “A”
\n1. FEES
\nThe following fees shall be collected by the Chief
\nBuilding Official.
\n(a) Pool Enclosure Permit $ 50
\n(b) Pool Enclosure Permit when project
\nis combined with a deck permit or
\nchangehouse permit issued concurrently $ 25
\n(c) Reinspections pursuant to an
\nOrder to Comply $ 20
\n(d) Letters confirming compliance $ 30
\n2. PERMIT FEE REFUNDS
\nUpon receipt of a written request, the Chief Building
\nOfficial shall refund 60% of the permit fee where the
\npermit is being cancelled or has been revoked,
\nprovided the request is received not more than 30 days
\nafter the permit has been cancelled or revoked and no
\ninspections have been performed.
\nPOLICY & PROCEDURE
\nFOR
\nPOOL FENCE ENCLOSURES
\n1. REGULATION
\nThe requirement to safely enclose a pool is a regulatory
\nmatter of the City of Barrie administered by the Chief
\nBuilding Official. The regulations are contained in a
\nmunicipal by-law.
\n2. PERMIT APPLICATIONS
\n(a)Applications for a pool enclosure permit shall be
\nsubmitted by the owner or his agent, on prescribed
\nforms, to the office of the Chief Building
\nOfficial.
\n(b)The applications shall be reviewed and discussed
\nwith the applicant to confirm thoroughness of
\ninformation. Fees shall be collected and a
\nreceipt issued.
\n(c)The application shall be entered into the computer
\nfiling system, and a permit number assigned to the
\napplication.
\n(d)A file folder shall be prepared with supplementary
\nforms and a permit placard.
\n(e)The file shall be reviewed for compliance with the
\nmunicipal zoning by-law and signed by the zoning
\ninspector.
\n(f)The file shall be reviewed by any other municipal
\nstaff as deemed necessary to confirm compliance of
\nthe project with any other municipal regulations.
\n(i)The owner shall be notified of any other agency
\napprovals that may be required to be submitted, as
\nsoon as they become known.
\n(j)Plans describing the type of pool enclosure shall
\nbe reviewed for compliance with the pool enclosure
\nby-law.
\n(k)The owner shall be notified of any issues that may
\naffect the issuance of a permit forthwith as they
\narise.
\n3. PERMIT ISSUANCE
\n(a)The permit shall be issued when the application has
\nbeen reviewed thoroughly and found to be in
\ncompliance with all regulatory requirements.
\n(b)The applicant shall be notified of the permit
\nissuance and asked to come to the office to pick
\nup the permit documents. The applicant shall be
\nadvised of the required inspection notification.
\n4. INSPECTIONS
\n(a)An inspection shall be carried out as soon as
\npossible after receiving notification of the
\nreadiness to inspect.
\n(b)Notwithstanding the requirement to be notified, an
\ninspection shall be carried out of a property when
\nthe permit is more than 4 weeks old and no
\nnotification has been received.
\n(c)When inspecting, the pool enclosure shall be
\nthoroughly inspected to confirm compliance of the
\nenclosure with the requirements of the pool
\nenclosure by-law and of the approved permit
\ndrawings.
\n4. (d)If the pool enclosure is complete and satisfactory,
\nthe owner shall be advised that the pool can be
\nfilled and that no further inspections will be
\nrequired.
\n(e)If the pool enclosure includes any sections of
\ntemporary fencing, and such enclosure meets the
\nrequirements of the pool enclosure by-law, the
\nowner shall be advised that the pool can be
\nfilled, but that the enclosure must be completed
\nwith permanent fencing within two weeks, and
\nnotification given for a re-inspection.
\n(f)When reinspection of a pool enclosure is required
\ndue to temporary fencing, the inspector shall
\nschedule to return to the property in two weeks
\ntime, even if notification is not received.
\n5. CLOSING FILES
\n(a)The inspection file for a pool enclosure permit
\nshall be closed as soon as possible following a
\nsatisfactory inspection of the completed pool
\nenclosure.
\n6. ENFORCEMENT
\n(a)If, during an inspection pursuant to a pool
\nenclosure permit, it is found that the pool
\nenclosure does not meet any item of the by-law
\nregulation, the owner shall be notified of the
\ndeficiency and the options available to correct
\nsame. The owner shall be asked to notify the
\noffice for a re-inspection prior to the placing of
\nany water in the pool.
\n(b)Notwithstanding the requirement to notify, the
\ninspector shall schedule to return to the property
\n1 week following the last inspection.
\n(c)If, upon reinspection, it is found the deficiency
\nhas not been satisfactorily resolved, the
\ninspector shall provide the owner with a written
\norder, specifying the deficiency, and requiring
\ncompliance and a reinspection of the pool
\nenclosure prior to filling the pool. A maximum of
\n1 week shall be granted to comply with the by-law.
\n(d)Unless notified earlier, the inspector shall return
\nto the property 1 week from the last inspection to
\ndetermine compliance of the pool enclosure. An
\ninspection fee is charged for this inspection.
\n(e)If, upon reinspection, the pool enclosure remains
\nincomplete, the inspector shall prepare for court
\ncharges as per the Provincial Offences Act.
\nDANGEROUS CONDITIONS
\n(f)If, at any time, the inspector discovers any
\ndangerous, unsafe conditions, such conditions
\nshall be brought to the attention of the Chief
\nBuilding Official to determine what emergency
\nmeasures are to be taken to protect the public.
\nWATER IN BEFORE AUTHORIZED
\n(g)If, upon inspection of a property, water has been
\nplaced in a pool and the pool enclosure does not
\nmeet the requirements of the by-law, the inspector
\nshall issue an order to the owner requiring
\ncompliance with at least temporary fencing within
\n24 hours, after which the inspector shall prepare
\nfor court charges if the matter is not corrected.
\n6. NO PERMIT
\n(h)If, during the normal course of duties, an
\ninspector finds a pool installed and there is no
\nrecord of a permit issued for the pool enclosure,
\nthe inspector shall notify the owner in writing of
\nthe violation of the by-law. The pool enclosure
\nshall be inspected thoroughly forthwith to
\ndetermine compliance. Any deficiencies found
\nshall be identified in writing to the owner, who
\nshall be given 24 hours to correct any
\ndeficiencies with at least temporary fencing,
\nafter which the inspector shall prepare for court
\ncharges if the matter of the deficiencies are not
\ncorrected. The owner shall be granted one week to
\nsubmit an application for a permit, with
\nappropriate follow up by the inspector.
\nCOMPLAINTS
\n(i)Upon receipt of a bona fide complaint, an inspector
\nshall attend to a property where it is alleged
\nthat a pool enclosure has not been provided or
\nmaintained.
\n(j)If, upon inspection, it is found that the pool
\nenclosure does not meet the requirements of the
\npool enclosure by-law, such deficiencies shall be
\nidentified in writing to the owner, who shall be
\ngiven no more than 1 week to correct the matter.
\n(k)Unless notified earlier, the inspector shall return
\nto the property after 1 week to confirm
\nsatisfactory compliance of the pool fence
\nenclosure. If the enclosure remains incomplete,
\nthe inspector shall prepare for court charges as
\nper the Provincial Offences Act.
\nPERFORMING WORK
\n(l)If for any reason, a pool enclosure is not
\nadequately secured, the inspector may, after
\nreasonable notice, enter upon the lands with a
\ncontractor to perform such work as necessary to
\nrestore or complete the requirements for a safe
\npool enclosure. All charges shall be invoiced to
\nthe property owner or collected in a like-manner
\nas taxes, as authorized by Section 325 of the
\nMunicipal Act.<\/p>\n