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HomeMy WebLinkAbout75-38 .~- .~ . ..I' , . . . \ . AMENDED BY_REPEALED BY . :3Y.1.AW #l!f..~. BY-LAW" qq -04 <0 . ft'.~........... . TEE CORPORATION OF TEE TOWN OF NEWCASTLE BY-LAW NO. 7$-38 A' BY-LAW TO REQUIRE TEE OWNERS OF OUTDOOR SWD1MING POOIB TO ERECT AND MAINTAIN FENCES AND GATES AROUND SUCH SWIMMING POOIB AND PIlESCRIBING TEE BEIGBT AND DESCRIPl'ION OF AND THE MANNER OF EBECTDG AND MAINTAINING SUCH FENCES AND GATES. WBEaJi1AS Seotion 354 (1), 24 of the Munioipal Act, R.S.O. 1970, Cba.pter 284 and. amendments thereto provides that the counoil of a munioipal corporation mq pass by-laws for requiring owners of oufldoor sw1mming pools to ereot and maintain fences and gates around such swimmil'lg pools and. for presoribing the height and description of, and. the mazmer of ereoting and maintaining such fenoes and gates. NOW T.tiI!iW!aORE the Oounoi1 of the Oorporation of the Town of Newcastle ENACTS as follows: SECTION 1 TITLE AND SCOPE (1 ) TITLE OF BY-LAW . This By-law mq be oited as the "Swimming Pool By-law". (2) SCOPE OF BY-LAW (a) SWIMMING POOIB SUBJECT TO BY-LAW: The provisions of this By-law shall apply to all outdoor swimming pools wi thin the oorporate limits of the Town of Newcastle. (b) OONlroRMITY WITH BY-LAW: No person shall ereot and maintain fences and gates around outdoor swi.mming pools exoept in oonform! ty with the provisions of this by-law. SECTION 2 DEFINITIONS . In this By-law and in err:f permit issued hereunder, the following defini tions and interpretations shall apply, unless the context requires otherwise. (1) "OOBPORATION" means the Corporation of the Town of Newcastle. (2) "OOUNOIL" means the Counoi1 of the Corporation of the Town of Newcastle. " . ~-.~ " . . . " , - 2 - SECTION 2 (3) DEFINITIONS (3) "BUILDD'lG INSPECTOR" means the officer or employee c~ged with the duty of enforcing the Swimming Pool By-law of the Corporation. (4) "FENCE" means a fence, wall or other structures, including doors and gates, surrounding an outdoor swimmfJ1g pool to restrict access thereto. (S) "OUTDOOR SWIMMING POOL" means a body of water located outdoors, contained in part or in whole by artificial means, in which the depth at any point can exceed 18 inches and intended for the purpose of swimming, wading, bathing and diving but does not include an existing natural water body or a natural, dug or dammed pond primarily intended for ~ioul tural use andlor aesthetic purposes. SECTION 3 PERMIT PROVISIONS (1 ) PEBMIT REQuJ.W!ll) No person shall excavate for or erect an outdoor swhmning pool without having first otta.1ned a. permit certifying the approval of the plans for the fences and gates required by this By-law. (2) APPLICATION FOR PERMIT Every application for a permit shall be made in duplicate to the Building Inspector of the Corporation upon such form or forms a.s~m~ be from time to time prescribed by the Building Inspector of the Corporation. Every such application shall be accompanied by two copies of a plan, drawn to scale, showiDg the fences and gates to be erected, the height and description thereof and sufficient detail to enable it to be determined that the said fences and gates comply with the provisions of this by-law. SEC'l'ION 4 (1 ) REQU.LH.l!i.U ENCLOSURE GENERAL PROVISIONS No pGJrson shall fill an outdoor swi mmi 't'\g pool with water or maintain such pool filled with water until the fences and gates required by this by-la.w have been erected around the swimming pool. (2) REQUIREMENTS :roR FENCES A fence, shall meet the following requirements: (a) every fence shall not be less than 4 feet in height; . . . . . . ..: . I' l' '. . - 3 - SECTION 4(2)(b) GENERAL PROVISiEONS (b) every fence shall be constructed of vertically boarded wood, solid wood, baaketweave, chain limk, masonry, plastic, metal or other materials and construction providing an equivalent degree of safety and acceptable to the Building InJpector; (c) every fence shall be so constructed that no rails or other horizontal or diagonal bracing or attachments that mq facilitate climbing, shall be located on the outside of the fence; (d) every fence shall have no opening with a horizontal dimensiona' greater than 3 inches; (e) every fence shall be so constructed to have the only means of entry by gates or doors; (t) no part of any fence shall oonsist of barbed wire; (g) any device for projecting an eleotrical current through such fence is prohibited. (3) REQu.J.!O!lMENTS FOR GATm A gate or gates, shall meet the following requirements: (a) every gate shall be of the height equivalent to that required for the fence; (b) every gate shall be of the oonstruotion equivalent to that required for the fenoe; (0) every gate shall be supported on substantial hinges and shall be equipped with self-olosing and self-la.tching devioes placed at the top and on the inside of the gate; (d) every gate shall extend down to within 3 inches of the ground or floor level. (4) OTHER ENCLOSURES A wall or walls of a building or buildings mq form part or all of a fenoe or ga.te provided that all doors affording access from a building directly to an enclosed swimming pacl area, other than doors located in a. dwelling unit, are equipped with a self-closing and a salf-latching device located not less than 4 feet above the bottom of the door. Such a wall Oil .. walls shall be deemed to be a sufficient fence or gate to satisfy this By-law 0 . . , , . - . .. ' ~ . . I ~ . - 4 - SECTION 4(,) GENERAL PROVISIONS (,) ABOVE-GROUND SWIMMING POOL The provisions of this By-law requiring the erection of a fence shall not apply if the outside walls of an outdoor sw;mming pool are at least 4 feet above the grade of the ground abutting such walls and the exterior surface of the walls of the pool have no horizontal or ,3,iagonal bracing or attachments that ~ fa.cili tate climbing and each entrance to the pool is proteoted with a gate complying with the requirements of Seotion 4(3). SECTION , ( 1 ) ENiURCEMENT ADMININSTRATION This By-law shall be enforced by the Building Inspector of the Town of Newoastle 0 (2) EXISTING BY-LAWS The following by-laws are hereby repealed: (a) By-law No. 71-33 of the former Town of Bowmanville (b) By-law No. 1720 of the former Township of Clarke. (0) Any or all by-laws or parts of by-laws of the former Village of Newcastle and the former Township of Darlington, inconsistent with the provisions of this By-lawo (3) VALIDITY If any section, cla.use or provision of this By-la.w is for any reason declared by a oourt of competent jurisdiotion to be invaJ.id, the same st::J.l not affect the validity of the By-law as a whole or part thereof, other than the seotion, clause or provisioruso declared to be invalid and it is hereby deGlared to be the intention that all rema.ini.ng seotions, clauses or provisions of this By-law shall remain in full foroe and effect. (4) VIOLATIONS AND PENALTIES Any person who contravenes any provision of this By-law is gull ty of an offence and liable upon conviotion to a penaJ...'ty of not less than $100.00 and not more than ~~,OO.OO exclusive of oosts, for eaoh offenoe. &; '''-~.", ~- ,'" . "J.,. , I.- . i'. . . " . - 5 - This By-law shall become effective on the date of final passing hereof. Read a First and Second time this.. 0 ~~ ~.day of ....o.li .1. ':/. 0' 1975. ()/l-C 1/.v'J.. Clerk , . . fJk f N IIi Read a. Third time and f'inally passed this........&\1 of'...! J..... ..., 9750 Explanatory Note: ,,-7 ~ {ceJ/V/ Clerk For complete regulations applying to the installa.tion of' swimming pools, the provisions of this by-la.w should read in conjunction wi th the pertinent sections of' the Building By-law and the appropriate Zoning By-law.