Swimming Pool Fence By-law 2016-65

1.1 In this By-law, the following words have the following meanings:

     (a) "Chief Building Official" shall mean the person appointed by the Town Council to such position pursuant       to the Building Code Act.

     (b) "Council" shall mean the Council of The Corporation of The Town of Bradford West Gwillimbury;

     (c) "Gate" shall mean any part of a swimming pool fence which opens on hinges and includes a door 
     located in the wall of an attached or detached garage or carport which forms part of the swimming pool
     fence.

     (d) "Hydro Massage Pool" shall include those pools commonly referred to as a hot tub, a whirl pool, a
     jacuzzi or a spa.

     (e) "Maintain" shall mean to carry out repairs of any part or parts of a swimming pool fence so that it can
     properly perform the intended function.

     (f) "Replacement" shall mean the construction of a swimming pool fence that takes the place of a
     swimming pool fence previously constructed.

     (g) "Self-closing device" shall mean a mechanical device or spring which returns a swimming pool fence
     gate to its closed position within 30 seconds after it has been opened.

     (h) "Self-latching device" shall mean a mechanical device or latch which is engaged each time the
     swimming pool fence gate is secured to its closed position; which will not allow the swimming pool fence
     gate to be re-opened by pushing or pulling, and which will ensure the swimming pool fence gate remains
     closed until unlatched by either lifting or turning the device itself directly or by a key.

     (i) "swimming pool" shall mean a structure, basin, chamber or tank containing or capable of containing
     water, and is designed to be used for swimming or wading,

          a. has a depth of more than 50 centimetres (20 inches) at any point; and
          b. has a surface area of more than 1 square metre (10.8 square feet); and
          c. includes a hydro massage pools;
          d. is not under the jurisdiction of the Building Code; and
          e. is not completely inside a building; and
          f. is not owned by government or a local board or commission constituted under any statute or by-law;
          and
          g. is not a pond or reservoir to be utilized for farming purposes; and
          h. excludes storm water management ponds.

     (G) "Swimming pool fence" shall mean a wall, a structure or a building which encloses a swimming pool
     where structures include a fence combined with a deck.

     (K) "Town" means The Corporation of The Town of Bradford West Gwillimbury and its geographic area.

     (I) "Zoning By-law" means any by-law administered by the Town enacted pursuant to section 34 of the
     Planning Act, R.S.O. 1990, c.P.13, or a predecessor of successor thereof, as may be amended from time to
     time.

2.1 This by-law shall be administered by the Chief Building Official.

2.2 This by-law shall apply to all swimming pool fences or portions thereof that are constructed or replaced in Town after June 21, 2016.

2.3 The provisions of this by-law shall not prevent the use of an existing swimming pool fence if such swimming pool fence was constructed and has enclosed a swimming pool from the date of its construction on or before July 24, 1994 and was built in accordance with the regulations of the by-law existing prior to July 25,
1994.

2.4 Where any swimming pool fence was constructed to enclose a swimming pool in accordance with the regulations that existed on or before June 21, 2016, the swimming pool fence may be maintained in accordance with such regulations.

2.5 At such time as an entire existing swimming pool fence or portion thereof is replaced, the replacement swimming pool fence or portion thereof shall be constructed in accordance with this by-law.

2.6 When a swimming pool fence is constructed so that it functions as a boundary fence between two or more adjacent properties, in addition to its function as a swimming pool fence, the provisions of this by-law prevail over any other Town bylaw or standard that regulates fences.

2.7 Where a swimming pool fence has enclosed a swimming pool in accordance with the regulations that existed on or before June 21, 2016. and that swimming pool fence has been maintained continuously in accordance with those regulations, and which swimming pool fence also marks the boundary between abutting
properties, that swimming pool fence shall be deemed to be in conformity should a swimming pool be constructed on any of the abutting properties to the extent of the shared portion of the swimming pool fence between the two abutting properties. All other portion of the swimming pool fence that enclose the newly constructed swimming pool shall meet the standards set out in this by-law.

3.1 No person shall construct or cause to be constructed a swimming pool without having first obtained a swimming pool fence permit from the Chief Building Official.

3.2 No person shall construct or cause to be constructed a swimming pool which is not completely enclosed by a swimming pool fence, in accordance with this bylaw.

3.3 No person shall have or keep a swimming pool without having a swimming pool fence permit from the Chief Building Official in accordance with this by-law.

3.4 No person shall have or keep a swimming pool that is not completely enclosed by a swimming pool fence, in accordance with this by-law.

3.5 No person shall fail to enclose a swimming pool with temporary fencing during construction.

3.6 No person shall construct or cause to be constructed a swimming pool with a swimming pool fence that does not conform to the requirements of this by-law.

3.7 No person shall fail to equip a swimming pool fence single gate access with a self-closing device and a self-latching device.

3.8 No person shall construct, have, keep or maintain a swimming pool fence gate with a self-latching device less than 122 centimeters (48 inches) above ground level, in accordance with this by-law.

3.9 No person shall place or store materials against the outside of a swimming pool fence.

3.10 No person shall replace a swimming pool fence without having first obtained a swimming pool fence permit from the Chief Building Official.

3.11 No person shall fail to keep, have or maintain a swimming pool fence in accordance with this bylaw.

3.12 No person shall construct or maintain a double swimming pool fence gate access without one of the two gates having a self-closing device and a self-latching device. The gate of this double gate access without a self-closing device and a self-latching device must have a device permanently affixed to the ground or other non-movable object that prevents access through this gate without lifting or removing this device and then releasing the latch.

3.13 No person shall place water in a swimming pool or cause or permit water to remain in the swimming pool if the required swimming pool fence is not completely constructed in compliance with the requirements in this by-law.

3.14 Despite section 3.13 where a person is constructing or causing to be constructed a swimming pool for which a swimming pool fence permit has been issued, a person may place water in a swimming pool or cause or permit water to remain in the swimming pool if there is temporary fencing in place in compliance with
section 5.10 of this by-law, but only where such temporary fencing is in place for no longer than 30 days after the issuance of the swimming pool fence permit.

3.15 Despite section 3.13, where a swimming pool is in existence on the date of the passing of this by-law, a person may place water in a swimming pool or cause or permit water to remain in the swimming pool if there is temporary fencing in place in compliance with section 5.10 of this by-law, but only where such temporary
fencing is in place for no longer than 30 days, or such longer period of time if approved in writing by the Chief Building Official.

4.1 An application for a permit to erect a new swimming pool fence or for the replacement of an existing swimming pool fence shall be made by the owner or his or her agent, in writing to the Chief Building Official on such forms as may be prescribed.

4.2 All such applications shall be accompanied by the following:

     (a) plans showing the location of the proposed swimming pool including all enclosing swimming pool
     fences, together with full details of each entrance and showing the location of all proposed swimming pool
     equipment such as filters, slides and heaters;

     (b) the applicable fee and assessment fee as prescribed in Schedule 'A' of this bylaw;

     (c) an undertaking to repair damage to Town property as required by the by-law; and

     (d) a security deposit in a form acceptable to the Town as prescribed in Schedule 'A' to guarantee
     compliance with the undertaking.

4.3 The Chief Building Official shall issue a permit for a swimming pool fence where the plans submitted appear to comply with all applicable regulations and the requirements of the by-law have been met.

4.4 No permit for a swimming pool fence shall be issued unless the location and installation of the swimming pool is in compliance with provisions of the Town of Bradford West Gwillimbury Zoning By-law.

4.5 No permit, with respect to property in a subdivision not yet assumed by the Town, shall be issued until the owner obtains a clearance letter from the developer of the subdivision stating that the developer is in agreement with the proposed swimming pool or swimming pool enclosure, including any alteration of the grade.

4.6 The Chief Building Official may revoke a permit where it was issued on mistaken or false information and shall provide written notice to the permit holder of the revocation.

4.7 A permit issued under this By-law shall be valid for a period of six (6) months from the date of issue and shall remain valid so long as the work covered by the permit is substantially completed before the expiry of the
six (6) month period. Notwithstanding the expiry date of the permit, a permit may be renewed once for a further six (6) month period upon submitting a written request for renewal to the Chief Building Official
before the expiry date. The swimming pool enclosure which is the subject of the permit shall be substantially completed within the additional six (6) month renewal period or the permit shall thereafter lapse, and no further renewal shall be permitted. If a permit lapses, and the owner wishes to  proceed with the construction or use of the swimming pool, the owner or his or her agent shall make a new application for a permit under this Bylaw.

5.1 Every swimming pool shall be enclosed by a swimming pool fence which shall extend from the ground to a height of not less than 1.2 metres (48 inches).

5.2 Except as provided in section 5.3 of this by-law, every swimming pool fence referred to in section 5.1 of this by-law shall not have any openings that would allow the passage of a spherical object having a diameter greater than 3.8 centimeters (1.5 inches).

5.3 For other than chain link fences, where the vertical distance between each horizontal rail measured from the top of each rail is 1.2 metres (4 feet) or greater, the openings in the fence are permitted to be greater than 3.8 cm (1.5 inches) but not greater than that which would allow the passage of a spherical object having
a diameter of 10 cm (4 inches).

5.4 Every swimming pool shall be enclosed by a swimming pool fence which:

     (a) has a clearance from the ground to the underside of the swimming pool fence that would prevent the
     passage of a spherical object haYing a diameter of 10 centimetres (4 inches);

     (b) has all its horizontal structural members located inside the enclosure to prevent easy climbing unless
     the swimming pool fence has no openings greater than 3.8 cm (1.5 inches) and the horizontal members are
     at least 0.6 metres (2 feet) apart; and

     (c) is install greater than 1.2 metres to any point of the water's edge of the swimming pool.

5.5 Every swimming pool shall be enclosed by a swimming pool fence which is of sturdy construction, capable of preventing unauthorized entry.

5.6 The height of the swimming pool fence, including any gates, shall be measured from ground level or from any climbable fixture or feature on the exterior side of the swimming pool fence.

5.7 Every gate on a swimming pool fence shall be equipped with a self-closing device and a self-latching device.

5.8 A self-latching device that can be opened without a key from the outside shall not be less than 1.07 metres (42 inches) above ground level.

5.9 Every person constructing a pool shall maintain temporary fencing surrounding the pool during all phases of construction such that unauthorized access is prevented.

5.10 Every person constructing a pool shall ensure that the temporary fencing required in (1) above complies with all of the following requirements:

     (a) shall be a minimum of 1.2 metres in height;

     (b) if chain link, plastic mesh or wire fencing, it shall have no openings greater than 5 centimetres;

     (c) if other than chain link, plastic mesh or wire fencing, it shall have no openings greater than 10
     centimetres;

     (d) shall have vertical support by T bar posts or similar posts at a maximum separation distance between
     posts of 2.4 metres;

     (e) shall have a horizontal support near the top and bottom of the fence, which shall be wood, wire or rope;
     which will ensure the fence is kept tight between posts; and

     (f) shall not have clearance from the surface below to the underside of the temporary fence of greater than
     5 centimetres

5.11 Where a deck forms part of the swimming pool fence, it shall meet all regulations in Part 5 of this by-law.

6.1 Every person erecting, altering, repairing or demolishing a swimming pool fence within the Town who permits the crossing of curbing, sidewalks, or paved boulevards by vehicles delivering materials to or removing materials from abutting lands shall deposit with the Chief Building Official upon application for a
swimming pool fence permit and prior to the commencement of any work, provide a completed undertaking to repair any damage to Town property such as any damage to the sidewalks, curbing or paved boulevard or to any water service box or other service therein caused by the crossing of such vehicles.

6.2 The owner of any lands on which any swimming pool fence is being erected, altered, repaired or demolished shall take all necessary steps to prevent building material, waste or soil from being spilled or tracked onto the public streets by vehicles going to or coming from the lands during the course of the erection,
alteration, repair or demolition and shall be responsible to the Municipality for the cost of removing such building material, waste or soil and the cost of repairing any damaged curbing, sidewalks, or paved or grassed boulevards.

7.1 Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.

7.2 The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

7.3 Where anything required to be done in accordance with this by-law is not done, the Chief Building Official or persons designated by the Chief Building Official for The Corporation of the Town of Bradford West Gwillimbury appointed pursuant to the Building Code Act may, upon such notice as he deems suitable, do such
thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of such expense with a minimum fee of $80.00; and both the expense and the fee may be recovered from the security deposit held by the Town, by action or in like manner as municipal taxes.

8.1 The following attached Schedules shall form a part of this By-law:

Schedule A - Permit Fees

Schedule B - Undertaking Damage to Town Property

8.2 This By-law may be cited as the "Swimming Pool Fence By-law".

8.3 By-law 94-070 is hereby repealed.

8.4 This By-law comes into full force and effect on the date it is enacted.

Enacted this 21 st day of June, 2016.

Original signed by Rebecca Murphy, Clerk and Rob Keffer, Mayor.

* Security Deposit released upon completion of pool final.

* Assessment fee in accordance with Fees & Charged By-law 2015-96