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By-law No. 2003-044 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW #2003-044 A BY-LAW FOR REGULATING THE CONSTRUCTION & FENCING OF SWIMMING POOLS WHEREAS Sections#8,#11,#15(4), and#98 of The Municipal Act, S.O. 2001, Chapter M25, as amended,provides that the Council of a Municipality may pass By-laws providing the services and other things that the Municipality considers are necessary or desirable for the Municipality and for regulating the fencing of privately owned swimming pools; AND WHEREAS The Municipal Act, S.O. 2001, Chapter M25, Section 425 provides that any person who contravenes any By-law of the Municipality is guilty of an offence; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to pass a By-law to regulate the construction and fencing of privately owned outdoor swimming pools. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1.0 TITLE: 1.1 Short Title: This By-law may be cited as the "Swimming Pool By-law" 2.0 DEFINITIONS: The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Above-Ground Pools—shall include any privately owned outdoor swimming pool where the base of the pool is at ground level. 2.2 Approved—shall mean approved by the Chief Building Official. 2.3 Barrier—shall mean a 48-inch or greater pool sidewall,measured from grade; a building or structure sidewall; a fence meeting the requirements of Section#4.0 of this By-law. 2.4 Chief Building Official — shall mean the person appointed in accordance with the provisions of the Building Code Act, 1992, S.O. 1992, c.23 and having jurisdiction for the enforcement thereof, or a designated representative. 2.5 Constructed—shall mean the erection, installation or fabrication of a material thing. 2.6 Corporation—shall mean the Corporation of the Municipality of Bayham. 2.7 Council—shall mean the Council of the Corporation of the Municipality of Bayham. 2.8 Deck—shall mean any structure forming a floor system above grade. 2.9 Enclosure — shall mean a fence or wall or other structure, including doors and gates surrounding a privately owned outdoor swimming pool to restrict access thereto. 2.10 Fabricated—shall mean constructed or manufactured. 2.11 Fence or Swimming Pool Fence —shall mean a wall or barrier constructed to enclose a privately owned swimming pool. 2.12 Gate shall mean any part of a swimming pool fence that opens on hinges and Pool By-law#2003-044 2 includes a door located in the wall of an attached or detached building,which forms part of the swimming pool fence. 2.13 Grade— shall mean the average level of finished ground surrounding the privately owned swimming pool. 2.14 In-Ground Swimming Pool shall mean any privately owned outdoor swimming pool of which the top elevation of pool is at grade. 2.15 Inflated Pool — shall mean any privately owned outdoor swimming pool, which is distended with air or gas. 2.16 Municipal Law Enforcement Officer—means a person appointed by Council of the Municipality of Bayham to enforce the By-laws of the Municipality of Bayham. 2.17 On-Ground Swimming Pool— shall mean any privately owned outdoor swimming pool, which is below ground level and with a top elevation of a minimum of six (6) inches. 2.18 Owner—shall include the owner, tenant or lessee in possession of the lands and/or premises within the territorial limits of the Municipality of Bayham. 2.19 Privately Owned— shall mean ownership other than a public or government body, agency or authority. Public Pools shall be regulated by Section 3.11 of the Ontario Building Code. 2.20 Self-Closing Device shall mean a mechanical device or spring, which returns a swimming pool fence gate to its closed position within thirty(30) seconds after it has been opened. 2.21 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. 2.22 Swimming Pool—shall mean any constructed,manufactured, inflated or fabricated structure used for,or intended to be used for the purpose of swimming,diving,wading or bathing which could, when filled, contain a depth of 0.5 metres (1.64 feet) or more of water at any given section and is not enclosed and covered by an accessory structure but shall not include fish ponds, hot tubs, spas or irrigation ponds. 3.0 GENERAL PROVISIONS: 3.1 Every owner of a privately owned swimming pool shall ensure that the swimming pool is maintained in good repair, free of leaks. 3.2 Every owner of a privately owned swimming pool shall erect and maintain a fence completely surrounding such pool in accordance with Section 4 of this By-law. A pool with a forty-eight (48") inch or greater sidewall measured from grade and having removable access to the pool does not require fencing. 3.3 No owner shall fill a privately owned swimming pool with water or allow water to remain therein unless a fence has been erected in accordance with this By-law. 2 Pool By-law#2003-044 3 3.4 Every owner of a privately owned swimming pool shall notify the Chief Building Official within twenty-four(24)hours or by the next business day of the completion of a fence so that an inspection may be conducted. 3.5 Every owner of a privately owned swimming pool shall ensure that every gate and every door providing access to such privately owned swimming pool shall be kept locked at all times when the pool is not in use. 3.6 No owner shall construct,install or erect any swimming pool on any property,which will or may, in any manner, alter the existing drainage of water upon, in, along, or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 3.7 Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied,and shall comply with all applicable Provincial Regulations with regards to the discharge of chlorine. No owner shall permit a swimming pool to drain on to an adjacent property. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may be spread on lawn areas provided seepage there from does not affect adjacent properties. 4.0 FENCING REQUIREMENTS: 4.1 Every owner of a privately owned swimming pool will erect and maintain a fence with a minimum height of 1.22 metres (4 feet) above grade. 4.2 Any fence constructed in accordance with this By-law will conform to the specifications contained in SCHEDULE "A" attached to this By-law. 4.3 Any fence constructed in accordance with this By-law shall be erected to have no more than a 50 mm (2 inch) clearance under the said fence. 4.4 Any fence constructed in accordance with this By-law shall not have any attachments or bracing on the exterior facing of the fence within a height of 1.22 metres(4 feet)of the grade level that may facilitate climbing. 4.5 Any fence constructed in accordance with this By-law shall not be located any closer than 0.91 metres (3 feet) from the edge of a privately owned swimming pool. 4.6 The wall of a building or structure may be used in place of a portion of a required fence provided that it meets the requirements for fences contained herein. 4.7 A boundary fence maybe used as a part or all of the required fencing provided for in this By- law provided that the requirements of this By-law are met in full. 5.0 GATE REQUIREMENTS: Every gate erected in a fence around a privately owned swimming pool shall conform to the following requirements: 5.1 Every gate shall be of construction and height requirements equivalent to that required for the fence. 5.2 Every gate shall be supported on substantial hinges that are self-closing. 5.3 Every gate shall be equipped with a self-latching device at the top and inside of the fence and fitted for a locking device. 3 Pool By-law#2003-044 4 6.0 DECKS: 6.1 Where a deck is erected at or near the rim level of an above-ground privately owned swimming pool, the deck shall be fenced and gated and such deck fencing and gates shall conform to the requirements for fencing and gates contained within Sections#4 and 5 of this By-law. 6.2 Deck must be protected with a handrail and guards and pickets for decks over twenty-four (24") inches above grade. 7.0 APPLICATIONS & PERMITS: 7.1 No person shall excavate,construct or erect,or permit or cause the excavation,construction or erection of a swimming pool,until a permit pursuant to this By-law has been applied for, issued and obtained. 7.2 The owner of the lands upon which it is intended to construct or erect a swimming pool shall apply to the Chief Building Official for a permit certifying approval of the installation of a privately owned swimming pool and surrounding fence and gates. 7.3 Every application for a swimming pool permit shall be submitted to the Chief Building Official on a prescribed form provided for that purpose and shall be accompanied by: (a) A plot plan showing the property lines of the lot on which the swimming pool is proposed to be located, the location of the swimming pool in relation to the lot lines and to all other structures located on such lot. (b) The Chief Building Official may require the correctness of such plans so submitted to be certified by an Ontario Land Surveyor. (c) Complete plans and specifications of the proposed swimming pool sufficient in detail to include information with regard to materials used;installation particulars;grade particulars; total cost of the pool installation or erection including the total value of all work, and all relevant structural information for fencing and decking to allow the Chief Building Official to determine if the proposed work complies with the provision of this By-law and any other applicable laws. (d) Complete plans for all such fences and gates and the proposed location of the fence in relation to the lot lines,the proposed pool location,and to all other structures located on such lot. (e) The required swimming pool permit application fee as set out in SCHEDULE 'A' attached hereto. 7.4 No person shall erect or install, or cause to be erected or installed a privately owned swimming pool except in accordance with the certified plans, specifications or other information on the basis of which a permit was issued; or any changes authorized by the Chief Building Official. 7.5 The Chief Building Official may revoke a permit: (a) Where it was issued on mistaken or false information; (b) Where, after six (6) months after its issuance, the construction or erection in respect of which it was issued has not,in the opinion of the Chief Building Official,been seriously commenced; (c) Where the construction or erection of the swimming pool is,in the opinion of the Chief Building Official,substantially suspended or discontinued for a period of more than one (1)year; (d) Prior to revoking a permit in accordance with this By-law, the Chief Building Official 4 Pool By-law#2003-044 5 may give written notice of intention to revoke, to the permit holder at his last known address and, if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit shall be revoked without further notice and all submitted plans and other information maybe disposed of or,at the request of the permit holder,returned as directed. 7.6 A permit issued pursuant to 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 commenced before the expiry of the six (6) month period and so long as the work is carried on at a reasonable rate to completion. 7.7 A permit may be renewed once for a further six (6) month period without the need for resubmitting the documents referred to in Section 7.3,upon submitting a written request for renewal and payment of a$25.00 renewal fee to the Chief Building Official before the expiry of the initial six (6)month period and provided such permit would still be issuable. 7.8 Where no written request for renewal is submitted to the Chief Building Official before the expiry of the six (6)month period, and where no work has been seriously commenced, the permit shall automatically lapse and a new application shall be required along with fees applicable at that time. 7.9 Where a permit has not been acted upon and the owner of the permit returns it for cancellation prior to the commencement of the project and before such permit has expired or been revoked,the owner of the permit shall be entitled to a refund in the amount of one-half the permit fee paid. 7.10 Permits are transferable only upon the completion of a permit application form by the new owner and subject to approval by the Chief Building Official,who may attach any conditions thereto. 8.0 LIABILITY: Notwithstanding anything contained herein or any permit issued or inspections made by the Chief Building Official or a Municipal Law Enforcement Officer,every owner,lessee and occupant of the premises are jointly and severally liable to ensure compliance of this By-law and shall indemnify and save harmless the Corporation of the Municipality of Bayham from and against all loss, damages, costs, charges and expenses, which may be incurred or be paid by reason of the erection or maintenance of any privately owned swimming pool. 9.0 ADMINISTRATION & ENFORCEMENT: 9.1 The Chief Building Official and any Municipal Law Enforcement Officer shall be responsible for the administration and enforcement of this By-law as provided for herein. 9.2 The Chief Building Official shall perform the following functions: (a) Receive and review all applications in conjunction with a swimming pool permit. (b) When the application conforms to the provisions of this By-law and all other By-laws of the Corporation,the Chief Building Official will review and approve the plans and specifications, retain one (1) set for file purposes and issue the swimming pool permit. (c) Carry out such inspections as maybe necessary to satisfy him that installation of the privately owned swimming pool and fence and gates are in compliance with the provisions of this By-law and the approved plans. (d) Issue the required Notice whenever work is found not to be in conformity with the provisions of this By-law. 5 Pool By-law#2003-044 6 9.3 The Chief Building Official and the Municipal Law Enforcement Officer are empowered to enter upon the premises for the purpose of inspection of a privately owned swimming pool fence and gates to ensure compliance with this By-law. 9.4 Any person who contravenes any provision of this By-law is guilty of an offence, and on conviction is liable to a fine as provided for in the Provincial Offences Act,as amended and any successor legislation thereto. 9.5 Each day such violation is committed, or permitted to continue, shall constitute a separate offence and maybe punishable as such there under. Such fine shall be recoverable under the Provincial Offences Act. 9.6 Where a person has been convicted of an offence under this By-law, the Court may in addition to any other penalty imposed on the person convicted,issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. 10.0 CONFLICT,SEVERABILITY& EFFECTIVE DATE: 10.1 If any portion of this By-law is found to be in conflict with any other provision of any zoning, building,fire,safety or other By-law of the Municipality,the provision,which establishes the higher standard, shall prevail. 10.2 Should any Section, clause or provision of this By-law be declared by a Court of competent jurisdiction to be invalid,the same shall not affect the validity of the By-law as a whole or in part hereof, other than the part which was declared to be invalid. 10.3 The Corporation of the Township of Bayharn By-laws #1773 and the Corporation of the Village of Vienna By-law#710 and the Corporation of the Village of Port Burwell By-law #372, are hereby repealed. Section#13 entitled"Swimming Pools"of The Corporation of the Municipality of Bayham By-law#2002-009 is hereby repealed. 10.4 This By-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 19th day June 2003. ,A 4 Deput((y Clerk: ael Graves Mayor: Mix Stewart Read a third and final time this 19th day of June 2003. Ainin _t'IraI Deputy Clerk: s'e1 Graves Mayor: M. tewart 6 Pool By-law#2003-044 7 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW #2003-044 A BY-LAW FOR REGULATING THE CONSTRUCTION AND FENCING OF SWIMMING POOLS SCHEDULE 'A' FENCING REQUIREMENTS A fence required by Section#4 of this By-law shall be constructed and maintained as follows: 1. ACCEPTABLE MATERIALS: A fence erected under this By-law may be of chain link, vertical board, metal picket vertical rod or angle irons construction or any other material deemed to be acceptable by the Chief Building Official. 2. REQUIREMENTS FUR CHAIN LINK CONSTRUCTION: 2.1 That the mesh of the chain link be no greater than a 50 mm(2inch)mesh so as to prevent the passage of a spherical object having a diameter of 100 mm (4 inches). 2.2 The chain link fence be constructed of galvanized wire no less than No. 12 gauge diameter or minimum No. 14 gauge steel wire covered with vinyl or other approved coating forming a total thickness equivalent to No. 12 gauge galvanized wire. 2.3 That the chain link be supported by a rigid metal bar at the top and a stiffener for the bottom of the fencing. 2.4 That the chain link be supported on substantial steel posts not more than 3 metres (10 feet) apart, and at least 0.914 metres (3 feet)below grade and to be encased in concrete at least 100 mm (4 inches)thick all around the post. 3. REQUIREMENTS FOR VERTICAL BOARD OR METAL PICKET CONSTRUCTION: 3.1 That the vertical board or vertical metal pickets be of not less than 19 mm x 64 mm (1"x 3") and spaced so as to prevent the passage of a spherical object having a diameter of 100mm (4 inches). 3.2 That the vertical board or vertical metal pickets be attached to horizontal members spaced vertically at a distance of no less than 1.22 metres (4 feet) apart so as not to facilitatea hand hold or foot hold unless said members are on the pool face side of the fence and the vertical members have an opening no greater than 50 mm (2 inches). 3.3 That the vertical board or vertical metal pickets be supported on substantial posts placed not more than 2.4 metres (8 feet) apart and installed at least 0.914 metres (3 feet) into the ground. 4. VERTICAL IRON RODS OR ANGLE IRONS CONSTRUCTION: 4.1 That the vertical iron rods or angle irons are no less than 1.25 cm (1/2 inch) in diameter or of equivalent strength. 4.2 That the vertical iron rods or angle irons are no less than 1.5 metres (5 feet) in height and the openings between the vertical rod or the angle irons does not exceed 80 mm (3 inches) apart so as to prevent the passage of a spherical object having a diameter of 100mm (4 inches). 4.3 The distance between the horizontal members or stringers shall be no less than 1.22 metres (4 feet). 7 Pool By-law#2003-044 8 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW#2003-044 A BY-LAW FOR REGULATING THE CONSTRUCTION AND FENCING OF SWIMMING POOLS SCHEDULE "B" FEE SCHEDULE 1. Inflated Pool $ 50.00 2. Above-Ground Pool (Base of pool at ground level) $ 50.00 3. On-Ground Pool (Below ground level and with a top elevation of a minimum of six (6) inches) $175.00 4. In-Ground Pool (Top elevation of pool is at grade) $175.00 8 Pool By-law#2003-044 9 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SWIMMING POOL BY-LAW#2003-044 Being a By-law for Regulating the Construction and Fencing of Swimming Pools SET FINE SCHEDULE Part 1 Provincial Offences Act ITEM COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence (Includes Costs) 1 Fail to maintain swimming pool. Section #3.1 $105.00 2 Fail to erect fence. Section#3.2 $105.00 3 Fail to maintain fence. Section #3.2 $105.00 4 Fail to lock gate/door. Section #3.5 $105.00 5 Permit pool to drain onto adjacent Section #3.7 $105.00 property. 5 Excavate, construct, erect swimming Section#7.1 $105.00 pool without a Permit. NOTE: The penalty provision for the offences indicated above is Section#9.4 of By-Law #2003-044, a certified copy of which By-law has been filed. 9 iii i Ifl i7f Ftir AfrA X7+1 1thila 1 5TICI. : C* WSrt flu Alla Paibi 14Fit.OI IC)NA We *t V4 liana i'4 Ccfl!P. t/ r"1CF.fit L'OlitTMO WiSTIi X15k It (N 1 L'OtiF0 ;R!itl 4Ce. aw � ea UMW W 5TK#I I "f1 ICIWFrr ibisio t:( i 9)664-::29 2 LWOW,OW RFo t4 .i1 ?cibuq i 4Coe- 444 OS August 6,2003 ! w ,s-J 3 `t1Uai,ti Ms. Carol Judd, Assistant By-law Enforcement Officer Municipality of Bayham ---- PO Box 160,9344 Plank Road Straffordville, Ontario NOT 1Y0 Dear Ms.Judd: Re: Set Fines-Provincial Offences Act-Part I By-law Number 2003-044 of The Municipality of Bayham Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law. Yours truly, Alexander M. Graham Regional Senior Justice West Region Enclosures /ec ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2003-044 of The Municipality of Bayharn, attached hereto is the set fine including costs, for those offences. This Order is to take effect August 6,2003. Dated at London this 6th day of August,2003. Alexander M. Graham Regional Senior Justice West Region THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SWIMMING POOL BY-LAW#2003-044 Being a By-law for Regulating the Construction and Fencing of Swimming Pools SET FINE SCHEDULE Part 1 Provincial Offences Act ITEM COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating Set Fine or Defining Offence (Includes Costs) 1 Fail to maintain swimming pool. Section #3.1 $105.00 2 Fail to erect fence. Section #3.2 $105.00 3 Fail to maintain fence. Section #3.2 $105.00 4 Fail to lock gate/door. Section #3.5 $105.00 5 Permit pool to drain onto adjacent Section #3.7 $105.00 property. 5 Excavate, construct, erect swimming Section #7.1 $105.00 pool without a Permit. NOTE: The penalty provision for the offences indicated above is Section#9.4 of By- Law#2003-044, a certified copy of which By-law has been filed.