HomeMy WebLinkAbout71-33THE CORPORATION OF THE
TOWN OF BOWMAVVILLE
BY -LAW NO. 71 -33
To require the owners to fence privately -owned
outdoor swimming pools
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BE IT ENACTED AND IT IS HEREBY ENACTED as a by -law of the Corporation
of the Town of Bowmanville by the Council thereof as follows:
1. This by -lair shall not apply to any privately owned body of water
located outdoors, contained in part or in whole by artificial means,
in which the depth of the water at its deepest point is less than 12 inches, or
has a surface area of less than 10 sa. ft., nor to an ornamental or reflecting
pool.
2. No person shall maintain a privately -owned outdoor swimming pool in
the Town of Bowmanville unless the entire swimming pool area is
effectively enclosed by fencing in compliance with the requirements of this
by -laws.
(1) Such enclosure, including gates therein, shall extend
from the ground to a height of not less than 48 inches.
(2) A fence forming part of such enclosure,
(a) shall be vertically boarded wood construction, solid
wood or basketweave construction, chain -link construction,
masonry, plastic or metal construction, or of other
materials and construction providing an equivalent
degree of safety,
(b) shall have no rails or other horizontal or diagonal
bracing or attachments on the outside that may
facilitate climbing, provided that this section shall
not apply to prevent the construction or maintenance
of a fence containing horizontal rails or bracing
members which are spaced a minimum of 32 inches on
centre,
(c) shall have no opening with a horizontal dimension
greater than 3 inches,
(d) shall have no device for projecting electric current
through the fence.
(3)- Gates forming part of such enclosure,
(a) shall be of construction and height equivalent to
that required for the fence,
(b) shall be supported on substantial hinges, and
(c) shall be equipped with self- closing and self - latching
devices placed at the top and on the pool side of the
gate.
(4) The provisions of this by -law requiring the erection of a fence
shall not apply if the outside walls of the swimming ,pool are
elevated at least four feet above the grade of the ,ground
abutting such galls and the exterior surface of the walls of
the pool are smooth and vertical and each entrance to the
pool is protected with a gate complying with the requirements
of section 2 (3).
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(5) A boundary fence which complies with the provisions of this
by -law shall be deemed a sufficient fence.
(6) A wall or walls of a building or buildings may form part of
such an enclosure provided that all doors affording access
from a building directly to an enclosed swimming pool area,
other than doors located in a dwelling unit or a rooming
unit, are equipped with a self - closing device and a self-
latching device located not less than 48 inches above the
bottom of the door.
3. The provisions of this by-law shall apply to all privately` -owned
outdoor swimming pools regardless of the date of construction of
such swimming pool.
4. Any person convicted of a breach of any of the provisions of this
by -law shall forfeit and pay, at the discretion of the convicting
Magistrate, a penalty of not more than $300.00 exclusive of costs, and the
same shall be recoverable under the provisions of The Summary Convictions Act
as provided by The Municipal Act.
5. That this by -lair shall come into force and take effect on the first
day of May, 1972.
By -Late read a first time this 4th day of October, 1971.
By -Law read a second time this 4th day of October, 1971.
By -Law read a third time and finally passed this 4th day of October, 1971.
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Signed IVAN M. HOBBS, MAYOR Signed M. McILROY,,CLERK