HomeMy WebLinkAbout1720A By-law of the Corporation of the Township of Clarke for requiring owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools.
Who~reas Section 35~+ (1), ~L~ of the Municipal Act R.S.O. 1970
Chapter 2~'L; and amendments thereto, authorizes Councils of local
municipalities to pass by-Laws for requiring owners of privately-
owned outdoor swimming pools to erect and maintain fences and
gates around such swirruaing pools and for prescribing the height
and description of, and the rr~an.ner of erecting and maintaining,
such fences and gates;
l1ND WHEREAS the Council of the Corporation of the Township
of Clarke deems it necessary to pass such a by-law;
NOW THEREFORE BE IT ETdACTED as a by-law of the Corporation
of the Township of Clarke as follows:-
1. In this By-law
(a) r~enclosuref~ shall mean a fence, wall or other structure,
including doors and gates surrounding a privately-owned
outdoor swimming pool to restr.•ict access thereto.
(b ) ~tprivately-owned outdoor swimming pool_ti shall mean any
privately-owned body of water located outdoors, contained
in part or in whole by artificial means and which the
depth of water at any point can exceed l~ inches and used
or capable of being used for the purpose of swimming,
wading, diving or bathing.
(c) i~fence~~ shall mean a barrier constructed of chain link
metal design or of wood, stone, natal or other rrateri_al
of equivalent degree of strength.
(d) Efga.tett shall mean a swinging or sliding barrier used to fill
or close an access and includes a door.
(e) Mbuilding permits shall mean and include any permit
required by law in connection with the construction of
a swimming pool and any 'necessary building or accessory
building or work.
2. Enclosures:
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(a) The owner of a privately-owned outdoor swimming pool_
sha17_ erect and maintain an adequate enclosure surrounding
the entire swimming pool area sufficient to make such
body of water not readily accessible to small children.
(b) No person shall fill a privately owned outdoor swimming
pool with water or maintain such pool .f_illed with water
until an enclosure complying with the requirements o_e
this by-law has been erected around the swimming pool.
(c) Such enclosure, including gates therein, shall extend
from. the ground to a height of not less than five feet.
(d) !~ fence, forming part of such enclosure, shall meet the
following requirements:
(i) every fence shall not be less than 60 inches in height.
(ii) every fence shall be so constructed that all
horizontal or diagonal structures of the fence shall
be located on the z_ns~de or pool side of the fence.
(iii) every fence shall be so constructed that it cannot
be used in a manner similar to a ladder.
(iv) every fence shall be constructed to have the only
means of entry by gates or doors.
(v) each gate shall have a minimum height extending from
the ground or floor level of five feet supported by
substantial hinges and equipped with self-closing
and a self-latching device p1_aced at the top and
on the inside of the gate.
(vi) the use of barbed wire in any manner or any device
for projecting an electric current in connection
with or through any such perirrAeter fence is prohibited.
(vi_i) a dwelling house, building, or accessory bwlding
may be utilized to enclose any pool and such a
dwelling house, building or accessory building
shall be deemed to be a sufficient enclosure to
satisfy this by-law and no fencing as otherwise
required in this by-law shall be necessary.
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(viii.. ) no fence shall. be required where the top of the
outside wall of a privately owned swimming pool
is at least 5 feet above the level of the ground
abutting the wall .and so constructed and
maintained as to provide access only tc gate
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or ;gates cnstructed in accordance with paragraph
(d) section 1.
3. No person shall construct a privately-owned swimming pool
in the Township of Clarke without first obtaining a
building permit for the pool required fence and if applicable
the dwelling house, building or accessory bui..lding containing
such pool.
1_F. The provisions of this By-law shall_ apply to all privately-
owned swirsning pools in the Township notwithstanding their
date of const~~uction.
5. No building permit associated with the construction of any
privately-owned swimming pool shall be issued until full
and co?rplete plans of the said swimming pool showing its
size, location, elevation and drainage system shall be filed
in the office of the Building Inspector. The owner of the
lands on which the swimming pool is located shall enter into
`~ an Hgreement in writing with. the Corporation of the Township
of Clarke agreeing to save harmless the Township from all
claims or liability arising from the construction and for
maintenance of the said swimming pool and the drainage thereof.
6. This by-law shall be enforced by any person or municipal
officer duly authorized and instructed by the Corporation
of the Township of Clarke in that behalf.
"7. ~1ny person who contravenes any provision in this by-law shall,
upon conviction thereof, be liable to a fine not exceeding
°300.00 exclusive of costs and such fine may be collected
under the provisions of The Summary Convictions Act.
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~. This by-law shall take effect as of the day of its final
passim.
Read a first and second time this end day of November 171.
Read a third time this end day of Ivovem.b
A by-law of the Corporation of
the Township of Clarke for
requiring owners of privately-
owned outdoor swimming pools to
erect and maintain fences and gates
around such swimming pools.
Read a first and second time -
November 2, 1971.
Read a third time -
November 2, 1971.
L.J.Niikulich,
Clerk.
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