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Home My WebLink AboutEGD-13-03 \.... '.l Cl~ilJglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-13 -03 File#: (vI Resolution #:Gffl-12!7-0 3 By-law #: ..J::t),5 - () 7 / Date: TUESDAY, MAY 20,2003 Subject: PROPOSED FENCE BY-LAW AMENDMENTS. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-13-03 be received for information. 2. THAT the amendments to the Fence By-law 2000-105, as attached to Report EGD-13-03, be forwarded to Council for approval. Respectfully by, ~,.,Jl~ A. S. Cannella, C.E.T. Director of Engineering Services ~. .- L.. atti L. Barrie, A.M.C.T. ~ Municipal Clerk Reviewed by, d~~fsk- Franklin Wu Chief Administrative Officer ASC*RP*LC*jb May 13, 2003 701 '-.;...- REPORT NO.: EGD.13-03 PAGE 2 BACKGROUND The current Municipal Fence By-law 2000-105 was passed in June 2000 and deals with residential and commercial fences, as well as swimming pool enclosures. Over the last few years several issues have been brought forward regarding the aspect of the By-law relating to swimming pool enclosures. Building staff as well as Municipal Law Enforcement staff have had concerns with the provisions of the By-law that apply to the pool enclosures. The general provisions of the By-law have not been revised however it is recommended that changes be made to the swimming pool enclosure aspect of the By-law as follows: 1. Pools that are less then 61 centimetres (24 inches), in height will be exempt from requiring a swimming pool enclosure permit. The following municipalities exempt pools as follows; Oshawa (24"), Whitby (20"), Ajax (20") and Pickering (24"). Clarington is presently at 46.7 centimetres (18 inches). 2. The fee for a swimming pool enclosure permit will be set at $75. There is presently no fee for pool enclosure permits in Clarington. Staff estimate that for every pool enclosure permit issued, two hours of staff time is required to inspect the fence enclosure and issue the permit. A comparison of fees charged by other municipalities is as follows; Oshawa ($50 under review), Whitby ($75), Ajax ($50) and Pickering ($150). 3. The By-law presently does not permit a temporary fence to be installed around a swimming pool once the water is placed in the pool. The pool must be filled with water as soon as possible or there can be damage to the pool. In most cases the immediate installation of a permanent fence is delayed due to the need to complete other work such as concrete decking and landscaping. We are therefore recommending that the By-law allow for the use of a temporary fence around the pool for a period of not more than 30 days. The Building Inspector must approve the construction of the temporary fence. 4. If an existing fence does not comply with the Municipal Fence By-law but, in the opinion of both the Chief Building Official and the Manager of Municipal Law Enforcement, does provide an equivalent degree of safety, it would be permitted as a swimming pool enclosure. 5. The existing By-law provides that the horizontal rails of a wooden fence be placed no more than 1.2 metres (4'-0") apart, measured from the top of the bottom rail to the underside of the top rail. The proposed by-law would require the climbable surface of the rails of a wooden fence be spaced at a minimum distance of 1.2 metres apart. This proposed modification accommodates different types of fence construction permitting compliance to the fence By-law while ensuring that the safety of the climbable surface is not compromised. 702 .~ REPORT NO.: EGD-13.Q3 PAGE 3 6. Chain link fences that are four feet to six feet in height will require a maximum 1 Yo inch diamond mesh. Fences that are six feet to seven feet will require a maximum 2 inch diamond mesh. The specification for the fence construction has also been revised. This is the standard used by some of the municipalities in the Durham and Toronto area. 7. The height of the guards around any platform or deck for an above-ground pool has been revised to the same standards as in the Ontario Building Code. 8. Municipally owned fences that existed prior to the passing of the By-law are deemed to comply as a pool enclosure. The proposed By-law amendments are recommended by staff as necessary changes in the interest of public safety. ATTACHMENT # 1: By-law 703 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-iaw to amend By-iaw 2000-105. being a By-iaw to prescribe the height and description of lawful fences in the Municipality of Glaring/on WHEREAS the Corporation of the Municipality of Clarington deems it expedient to amend by-law 2000-1 05: 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 woodo 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)(1) 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'. 704 '.~ -2- 7, Section 5.4(6) Is deleted in its entirety and replaced with the following: (a) every chain iink 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, (iil) the gate and terminal posts shall be minimum 4,8 centimetres ( 1 718 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 groundo (v) the top rail shall be a minimum 3.2 centimetres (1 Yo 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 Yo 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 9auge shall consist of 9 gauge 9alvanized 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, 705 "0 .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 posto (vi) the gate frame shall be minimum 3,2 centimetres (1 Yo 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 piatform 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 enciosure. 10. This By-law shall come into full force upon its final passage by Council. BY-LAW read a first and second time this 28111 day of April 2003. BY -LAW read a third time and finally passed this 28111 day of April 2003. John Mutton, Mayor Patti L. Barrie, Municipal Cieri( 706