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HomeMy WebLinkAbout2003-071 ...~ ,." THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- 071 Being a By-law to amend By-law 2000-105. being a By-law to prescribe the height and description of lawful fences in the Municipality of Clarington WHEREAS the Corporation of the Municipality of Clarington deems it expedient to amend by-law 2000-105; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. Section 2.11 is amended by deleting the phrase "a pool that is less than 45.7 centimetres (18 inches)" and replacing it with the following: "a pool that is less than 61 centimetres (24 inches)." 2. Section 5.1 is amending by the adding to the end of the section, the following sentence: "The fee for a swimming pool enclosure permit shall be set at $75." 3. Section 5.2 is amended by adding the following: 5.2(1) Notwithstanding Section 5.2 above temporary fencing as approved by the Building Inspector or his designate may be used for a maximum period of 30 days until the basic construction of the swimming pool has been completed at which time permanent fencing shall be erected in accordance with this By-law. 4. Section 5.4(2) is deleted in its entirety and replaced with the following: 5.4(2) Every fence shall be constructed of vertically boarded wood, solid wood, chain link, masonry, plastic, metal or other materials and shall be constructed in such a manner as to provide, in the opinion of the Chief Building Official and the Manager of Municipal Law Enforcement, an equivalent degree of safety 5. Section 5.4(4)(i) is deleted in its entirety and replaced with the following: 5.4(4)(i) "vertical boards shall not be less than 1.9 centimetres (.75 inches) by 8.9 centimetres (3.5 inches) lumber and shall be spaced not more than 3.8 centimetres (1.5 inches) apart where the horizontal climbable surface of the rails are spaced less than 1.2 metres (4 feet) apart and not more than 10.16 centimetres (4 inches) apart where horizontal climbable surfaces of rails are spaced at least 1.2 metres (4 feet) apart" 6. Section 5.4(4)(ii) is amended by deleting the phrase 3.5 inches in lines 2 and 5 and replacing them with the phrase "1.5 inches". r ... -2- 7. Section 5.4(6) is deleted in its entirety and replaced with the following: (a) every chain link fence shall be constructed so that it complies to the following requirements (b) where the fencing extends from the ground to a height of not less than 1.2 metres (4 feet) and not more than 1.8 metres (6 feet): (i) chain link fencing, with diamond mesh not exceeding 3.8 centimetres (1.5 inches), (ii) the mesh gauge shall consist of 11 gauge galvanized steel wire or vinyl coated chain link fabric 9 finished wire gauge or other equivalent material, (iii) the gate and terminal posts shall be minimum 4.8 centimetres ( 1 7/8 inches) diameter and embedded in the ground to a depth of 90 centimetres (36 inches) in 20 centimetres (8 inches) diameter concrete, (iv) intermediate posts shall be a minimum 3.8 centimetres (1 Y. inches) diameter and embedded 90 centimetres (36 inches) in the ground, (v) the top rail shall be a minimum 3.2 centimetres (1 ~ inches) and the bottom wire shall be a minimum 9 gauge galvanized or vinyl covered, threaded through the mesh or the mesh fasten to the bottom tension wire and bottom wire fastened to each post, (vi) the gate frame shall be minimum 3.2 centimetres (1 ~ inches), (vii) the posts shall be spaced a maximum distance of 3 meters (10 feet) apart. (c) where the fencing extends for the ground to a height of not less than 1.8 metres (6 feet) and not more than 2.14 metres (7 feet): (i) chain link fencing, with a diamond mesh not exceeding 5.0 centimetres (2 inches), (ii) the mesh gauge shall consist of 9 gauge galvanized steel wire or vinyl coated chain link fabric 9 finished wire gauge or other equivalent material, (iii) the gate and terminal posts shall be minimum 6.0 centimetres ( 2 3/8 inches) diameter and embedded in the ground to a depth of 90 centimetres (36 inches) in 20 centimetres (8 inches) diameter concrete, (iv) intermediate posts shall be a minimum 4.8 centimetres (1 7/8 inches) diameter and embedded 1 meters (39 inches) in the ground, ., .' -3- (v) the top rail shall be a minimum 3.5 centimetres (1 3/8 inches) and the bottom wire shall be a minimum 9 gauge galvanized or vinyl covered, threaded through the mesh or the mesh fasten to the bottom tension wire and bottom wire fastened to each post, (vi) the gate frame shall be minimum 3.2 centimetres (1 X inches), (vii) the posts shall be spaced a maximum distance of 3 meters (10 feet) apart. 8. Section 5.10(2) is deleted in its entirety and replaced with the following: 5.10(2) a guard not less than 90 centimetres (36 inches) high is provided around any platform or deck that is between 60.9 centimetres (2 feet) and 1.8 metres (5 foot 11 inches) above finished grade and 1.07 metres (3 feet 6 inches) high for decks greater than 1.8 metres above finished grade. Guards must comply with the Ontario Building Code. 9. Section 5.14 is added in its entirety with the following. 5.14 every Municipal owned fence installed prior to the passing of this by-law is deemed to comply as a pool enclosure. 10. This By-law shall come into full force upon its final passage by Council. 2nd BY-LAW read a first and second time this day of 2nd BY-LAW read a third time and finally passed this June 2003. June jay of 2003. ~... ~~, ':;_._._~ -- -./