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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
DATE:
General Purpose and Administration Committee FJ r/
FILE#:rld'
June 19, 2000
MEETING:
REPORT #: CD-3D-DO
SUBJECT: PROPOSED FENCE BY-LAW
RES. #cfll~-oo
BY-LAW#:
Recommendations:
1. THAT Report CD-30-00 be received; and
2, THAT the Fence By-law attached to Report CD-30-00 be forwarded to
Council for approval.
BACKGROUND
The current municipal Fence By-law 89-46 was passed in March 1989. It deals
with residential and commercial fences as well as swimming pool enclosures.
Over the last few years several issues have been brought forward regarding
desired changes to the By-law. Staff have reviewed these matters in conjunction
with the Building Department (as they apply to pool enclosures) and as to the
general regulations in other municipalities.
The proposed by-law draws on legislation currently in place in other
municipalities within the Region and on the draft model from the City of Toronto.
The major changes to the general provisions of the by-law are as follows:
1. The maximum allowable height for a fence in a rear or side yard in a
residential area will increase to 2.14 metres (7 feet). Staff have found that is
a height that is currently used by many property owners.
2. Fences in the front yards of residential lots will not be allowed to exceed 1.2
metres (4 feet). This allows for the property owner to construct a fence of
sufficient size to keep unwanted animals and persons off their property
without creating a visibility problem or creating an unsightly situation. The
front yard setback for this fence is set at 6 metres (19.7 feet) which is
consistent with the Zoning setback for residential lots,
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Report CD-30-00
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June 19,2000
The most significant changes to the By-law come in the area of swimming pool
enclosures. These include:
1. The hot tubs and whirlpools are now included in the designation of swimming
pools. These items were not included in the previous by-law as they were not
in common use. Staff felt that they need to meet the same standard of
security as a pool since the risk or accidental injury or death is as great as
with a regular pool.
2. Pre-existing approved pool enclosures (fences) will be grandfathered. In the
case of an existing pool enclosure that was never inspected and approved the
owner will now have to meet the new requirements as set out in this by-law,
3. There are now new standards for the construction of pool enclosures. These
were developed in consultation with the Chief Building Official and are
designed to provide, what staff believe is an adequate level of safety for the
public without creating undue hardship.
4. A separate set of regulations will govern the use of decorative wrought iron
fences around pools including separate requirements for gates and locks..
5. The permitted size and gauge of chain link to be used will be established in
conformity with industry standards.
6. In certain cases, above ground pools will not need fences.
7. There will be an approved minimum setback distance for a fence around an
inground pool. This would apply primarily in situations where the property
owner has chosen to enclose the pool and not the entire yard.
8. The by-law establishes criteria for fences or securing whirlpools and hot tubs
and creates an offence for the owner for failing to cover and secure the unit
when not in use.
The By-law does not interfere with standard farming practices in so far as the use
of barbed wire or electrified fencing and exempts farm fencing from height
restrictions where it is necessary to construct taller fences to contain certain
breeds of animals for farm purposes.
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Report CD-30-00
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June 19, 2000
Over the past several years municipalities have seen the tragic results of illegal
or poorly constructed fences around pools. Staff believe the proposed by-law will
create a much safer situation for the public.
Respectfully submitted,
Reviewed by,
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~ Franklin Wu, M.C.I.P., R.P.P.,
I D Chief Administrative Officer
Attachment
713
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW NUMBER
Being a By-law to prescribe the height and description of lawful fences in
the Municipality of Glarington and to repeal By-law 89-46 as amended.
WHEREAS the Municipal Act R.S.O. 1990, chapter M45. section 210(25), authorizes the passing of a
By-law for prescribing the height and description of lawful fences; and
WHEREAS the Municipal Act R.S.O.. 1990, Chapter M45. Section 210(145), authorizes the passing of
a By-law for prohibiting the posting or exhibition of placards. play bills. posters writing or pictures, or
the writing of words, or the making of pictures or drawings which are indecent or may tend to corrupt
or demoralize on any wall or fence;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON ENACTS AS FOllOWS:
TITLE
1.1 This By-law may be cited as the Fence By-law.
DEFINITIONS
2.1 DESIGNATED FRONT YARD shall mean the area of the yard extending across the full width
of a property between the assessed front property line and a line running parallel to and 6
metres (19.7 feet) from the front property line. The front yard being the shortest of the property
frontages.
2.2 EXTERIOR SIDE YARD shall mean the side yard of a corner lot, immediately adjoining a
public street. which side yard extends from the designated front yard to the rear property line
between the exterior property line and the nearest main building.
2.3 FENCE shall mean any structure constructed of posts, boards, palings, rails, wire. masonry or
similar materials or any combination thereof used to define a property boundary or to enclose
any outdoor area.
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2.4 GRAFFITI shall mean any writing or pictures. which are indecent or may tend to corrupt or
demoralize.
2,5 HEIGHT shall mean the distance measured from the grade to the highest pOint of the fence
exclusive of the posts,
2.6 HOT TUB shall include any artificially enclosed body of water consisting of water heating units
and/or air jets used for bathing or other purposes as intended and shall include a whirlpool or
spa or other similar device.
2.7 MUNICIPALITY means the Corporation of the Municipality of Clarington.
2.8 OFFICER shall mean a Municipal Law Enforcement Officer or a Building Inspector employed
by the Municipality of Clarington.
2.9 OWNER shall include the registered owner of any property; the person for the time being
managing or receiving the rent of the land or premises in connection with which the word is
used, whether on the person's own account or as agent or trustee of any other person. or who
would so receive the rent if such land and premises were let; and a lessee or occupant of the
property who, under the terms of a lease. is required to repair and maintain the property in
accordance with the standards for the maintenance and occupancy of the property.
2,10 PERSON means an individual, sole proprietorship, partnership. limited partnership, trust or
body corporate, or an individual in his or her capacity as a trustee, executor. administrator or
other legal representative.
2.11 SWIMMING POOL means a privately owned outdoor sWimmIng pool which includes any body
of water or pool located outdoors on privately owned property contained in part or in whole by
artificial means and designed or intended for swimming, diving or bathing but does not include
a pool that is less than 45.7 centimetres (18 inches) in height or depth, or a combination
thereof.
2.12 SWIMMING POOL ENCLOSURE shall mean a fence as required by this By-law and used to
enclose a swimming pool or hot tub.
GENERAL PROVISIONS
3.1 No person shall construct. erect. maintain or permit to be constructed, erected or maintained
any fence within the Municipality which does not comply with the provisions of this by-law or
, any other applicable law,
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3.2 No person shall construct, erect. maintain or permit to be constructed. erected or maintained
any fence within the Municipality which contains barbed wire.
3.3 Notwithstanding Section 3.2 above, barbed wire shall be permitted in the following
circumstances:
(1) On a fence located on lands in an agricultural Zone as prescribed by the Municipality's
Comprehensive Zoning By-law and actively used for the purpose of keeping livestock: or
(2) On the top of a fence erected on lands in a commercial or industrial zone as prescribed
by the Municipaiity's Comprehensive Zoning By-law provided that the barbed wire
projects inwards to the area enclosed by the fence,
3.4 No person shall erect. construct, maintain or permit to be erected. constructed. or maintained.
any fence equipped with a device for transmitting an electric current thereon or therethrough,
except on land prescribed by the Municipality's Comprehensive Zoning By-law as agricultural
and actively used for the purpose of keeping livestock. provided that the maximum electrical
current does not exceed 120 volts at .04 amps and that it complies with The Energy
Competition Act, S.O. 1998, and the regulations thereunder. as amended. from time to time,
3.5 No person shall post or exhibit placards, playbills. posters or graffiti on any fence within the
Municipality.
3.6 The provisions of this By-law shall not apply to prohibit the erection of a fence for the purpose
of pUblic services provided by the Corporation of the Municipality of Clarington. any School
Board. or any Public Authority including any Department of the Regional Municipaiity of
Durham or any Department or Ministry of the Government of Canada or Ontario. or any
Conservation Authority established by the Govemment of Ontario.
3,7 Lawful fences including approved pool enclosure fences constructed prior to the passing of this
By-law shall be considered legal. Pool enclosure fences which have not received prior
approval shall comply with regulations and conditions as set out hereinafter in section 5.
3.8 Subject to the provisions of the Municipality's Comprehensive Zoning By-law, no person shall
construct. erect, maintain or permit to be constructed, erected, or maintained. on any property
a fence which, in the opinion of the Officer, by reason of its location. design or materials,
obstructs the vision of drivers, either when leaving a roadway or when entering a roadway from
another roadway or driveway, or which obstructs or detracts from the visibiiity or effectiveness
of any traffic sign or control device on a pubiic street or which, for any other reason, constitutes
, a hazard.
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3.9 Replacement or reconstruction of all fences shall conform with the provisions of this By-law,
FENCES IN RESIDENTIAL ZONES
4.1 No person shall construct. erect, maintain or permit to be constructed. erected. or maintained,
on any residential property as prescribed by the Municipality's Comprehensive Zoning By-law.
a fence which exceeds a height of 2.14 metres (7 feet) in any rear. interior or exterior side
yard.
4.2 No person shall construct. erect, maintain or permit to be constructed, erected, or maintained,
on any residential property as prescribed by the Municipality'S Comprehensive Zoning By-law.
a fence which exceeds a height of 1.2 metres (4 feet) in any designated front yard.
4.3 Where a designated front yard abuts a rear or exterior side yard in a corner lot. the maximum
permitted height of the fence shall be 2.14 metres (7 feet).
4.4 Notwithstanding Sections 4,2 and 4.3 above. fences shall be required to comply with all sight
triangle regulations as set out in the Municipality's Comprehensive Zoning By-law.
SWIMMING POOL FENCES
5.1 Notwithstanding any provisions of this By-law to the contrary, no person shall excavate for.
place or erect an outdoor swimming pool or hot tub without having first obtained a permit from
the Chief Bunding Official or his designate, certifying the approval of the pians for the fences
and gates required by this By-law, and upon payment of the prescribed fee.
5.2 No person shall fill an outdoor swimming pool or hot tub with water or maintain such pool or
tub filled with water until the fences and gates required by this by-law have been erected and
approved around the swimming pool or hot tub.
5.3 No person shall construct, erect, maintain or cause to be constructed, erected or maintained,
any swimming pool fence or enclosure. which does not compiy with the specifications
hereinafter set out in this By-iaw.
5.4 The fence to enclose a swimming pool or hot tub shall be constructed in a good workmanlike
manner and shall meet the following requirements:
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(1) every fence shall not be less than 1.2 metres (4 feet) in height nor greater than 2,14
metres (7 feet) in height subject to general provisions as set out in this By-law;
(2) every fence shall be constructed of vertically boarded wood. solid wood, chain link.
masonry, plastic, metal or other materials and construction providing an equivalent
degree of safety and acceptable to the Building Inspector;
(3) every fence shall be so constructed that no rails or other horizontal or diagonal bracing
or attachments that may facilitate climbing, shall be located on the outside of the fence:
(4) every fence shall be constructed in such a manner that:
(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 horizontal rails are spaced less than 1.2
metres (4 feet) apart and not more than 10.16 centimetres (4 inches) apart where
horizontal rails are spaced at least 1.2 metres (4 feet) apart
(ii) where vertical boards of 1.9 centimetres (.75 inches) by 8.9 centimetres (3.5
inches) have been used and the horizontal spacing exceeds 3.8 centimetres (3.5
inChes) a vertical board of not less than 1.9 centimetres (.75 inches) by 3,8
centimetres (1.5 inches) may be used as a spacer to reduce the horizontal
opening to less than the minimum required 3.8 centimetres ( 3.5 inChes)
(ii) vertical boards shall be attached to horizontal rails that are not less than 3,8
centimetres (1.5 inches) by 8,9 centimetres (3.5 inChes) lumber and that are
supported on substantial posts with a minimum dimension of 8.9 centimetres (3.5
inChes) spaced not more than 2.4 meters (8 feet) apart and embedded to a
minimum depth of gO centimetres (35,4 inches) below grade,
(iii) the maximum space between the grade level and the bottom of the fence shall
not exceed 10.16 centimetres (4 inches) at any point,
(5) a metal picket fence used to enclose a swimming pool shall be constructed in such a
manner that:
(i) vertical pickets shall be spaced not more than 3.8 centimetres (1,5 inChes) apart
where horizontal rails are spaced less than 1,2 metres (4 feet) and not more
than10.16 centimetres (4 inches) apart where horizontal rails are spaced at least
1.2 metres (4 feet) apart.
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(ii) horizontal rails shall be supported on substanbal posts not more than 2.4 metres
(8 feet) apart and embedded in concrete to a minimum depth of 90 cenbmetres
(35.4 inches) below grade,
(6) every chain link fence shall be constructed so that it complies to the following
requirements
(i) there shall be no opening that exceeds a horizontal dimension greater than 5.1
centimetres (2 inches).
(ii) the mesh gauge shall consist of 12 gauge galvanized steel wire or 14 gauge
steel wire covered with vinyl coating or such other equivalent material,
(iii) the gate and terminal posts shall be minimum 4.8 centimetres (1.9 inches)
diameter and embedded In the ground to a depth of 76 centlmetres (30 Inches) in
20 centimetre (8 inches) diameter concrete.
(Iv) intermediate posts shall be minimum 3,8 centimetres (1.5 inches) diameter and
embedded 76 centimetres (30 inches) in the ground,
(v) Ihe top rait shall be a minimum 3,2 centimetres (1.25 inches) and the bottom wire
shall be minimum 9 gauge galvanized. threaded through the mesh and looped
and fastened to each post,
(vi) the gate frame shall be minimum 3.2 centimetres (1.25 inches) and the posts
shall be spaced a maximum distance of 2.4 metres (8 feet),
(7) every fence shall be constructed or erected to have the only means of entry through the
fence be by approved gates or doors which provide a degree of safety acceptable to the
Building Inspector.
5.5 No person shall construct, erect, maintain or cause to be constructed. erected or maintained,
any swimming pool fence which contains barbed wire.
5.6 No person shall construct, erect. maintain or cause to be constructed. erected or maintained,
any swimming pool fence which contains any device for projecting an electrical current through
the swimming pooi fence.
5.7 A swimming pool enclosure shall be designed and constructed so that the prinCipal entrance to
any main building shall be located outside the enclosed area.
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5.8 Where a wall of a building forms part of a swimming pool enclosure. any entrance through the
wall to the enclosed area shall be no closer than 1.2 metres (4 feet) tlOrizontally to the water'e
edge of the pool and shall be protected by a door that is,
(1) kept locked at all times except when the enclosed area is in use.
(2) self-closing self-latching and equipped with a lockable device installed at least 1,53
metres (5 feet) above floor level if the door leads from any other area than a living area
of a building.
5.9 A swimming pool gate shall meet the following requirements:
(1) every gate shall be of a minimum height of 1.2 meters (4 feet) and meet the
requirements of section 5.4:
(2) every gate shall be supported on substantial hinges and shall be equipped with self-
closing and self-latching devices placed at the top and on the inside of the gate
providing a degree of safety acceptable to the Building Inspector:
(3) every gate shall be of the same construction equivalent to that reqUired of the fence;
(4) every gate shall extend down to within 10.16 centimetres (4 inches), of the ground or
floor level.
5.10 The provisions of this By-law requiring the erection of a fence shall not apply to an above
ground pooi that complies with the following standards,
(1) not less than 1.2 metres (4 feet) above grade
(2) a guard not less than 91.4 centimetres (36 inches) high is provided around any platform
or deck.
(3) the outside walls of any swimming pool structure and any guard is free of any element
or attachment that may facilitate climbing.
(4) no part of the swimming pool or adjoining deck structure are located closer than 1.2
metres (4 feet) to any lot line, and
(5) the point where a user of the above ground pooi gains access to the pool is protected
by a gate and enclosure which complies with Section 5 of this By-law.
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5.11 There shall be a minimum 1,2 metre (4 feet) separation between the fence and the exterior
edge of an inground swimming pool.
5,12 Notwithstanding Sections 5.4 to 5,11 above, a hot tub, which is enclosed by a substantial.
structuraily adequate hard cover permanently attached to it or to its supporting structure and
the Cover is securely fastened and locked to prevent access at all times when not in use. shall
be exempt from the fence provisions of this Section.
5.13 Every owner of a hot tub shall keep the hot tub covered and locked at all times when a
responsible person is not present and supervising its use,
FENCES IN COMMERCIAL & INDUSTRIAL ZONES
6.1 No person shall construct, erect. maintain or permit to be constructed. erected or maintained.
on any commercial or industrial property as prescribed by the Municipality's Comprehensive
Zoning By-law. a fence which exceeds a height of 3.1 metres (10.2 feet),
6,2 Where a commercial or industrial property abuts a residential property as prescribed by the
Municipality'S Comprehensive Zoning By-law, the maximum permitted height of a fence shall
be 3.1 metres (10.2 feet),
CONSTRUCTION AND MAINTENANCE
7.1 Every fence shall be designed and installed in such a manner as to meet its intended function
using suitable and sufficient materials and In a manner accepted as good workmanship within
the trades concerned.
7.2 All surfaces that have been previously painted. stained, varnished or which have received
other similar protective finishes shall be maintained without visible deterioration.
7,3 Every fence shall be maintained in a structurally sound condition and in good repair.
7,4 Every owner shall maintain the fence abutting his property free of placards, playbills. posters
and graffiti.
PENAL TIES
8.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided for in the Provincial Offences Act.
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TERMS AND CONDITIONS
9,1 The provisions of this By-law shall prevail unless otherwise specified within a Developmen
Agreement. Site Plan Agreement. Subdivision Agreement or any other By-law of thE
Municipality.
9.2 In the event any part or provision of this by-law is held by a court of competent jurisdiction te
be illegal. void. or ultra vires the jurisdiction of the Council of the Municipality of Clarington te
pass. such provision shall be deemed to be severable and shall not invalidate any other
provision of this By-law.
9.3 Words implying the singular number include plural and vice versa and words importing
masculine gender include the feminine.
9.4 Measurements listed in the Imperial system are provided for ease of reference only.
9.5 By-law 89-46 and its amendments are hereby repealed.
9.6 This by-law shall take force and effect upon the final passing thereof.
By-law read a first and second time this
th day of June. 2000
By-law read a third time and finally passed this
th day of June. 2000
MAYOR
MUNICIPAL CLERK
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