CORPORATION OF THE TOWNSHIP OF MACHAR

 

BY-LAW NO. 10-07

 

Being a by-law to regulate fencing around private outdoor swimming pools

within the Township of Machar.

 

 

WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 11(1), Subsection 7, permits municipalities to pass by-laws respecting matters within spheres of jurisdiction:  structures, including fences & signs;

 

AND WHEREAS it is deemed expedient to regulate fencing around private outdoor swimming pools in the Township of Machar;

 

NOW THEREFORE the Council of the Corporation of the Township of Machar hereby enacts as follows:

 

1.  Definitions:

 

1)  Swimming Pool shall mean, an excavation or container designed to hold water, whether in ground or above ground, the purpose of which is for swimming, diving or any recreational water activity, excepting that this does not apply to any container which is placed on ground at grade level and has no depth exceeding 1 metre and no dimension exceeding 3 metres or is portable and inflatable.

 

2)  Privately Owned Outdoor Swimming Pool shall mean, any swimming pool, constructed, assembled or erected on private property, which is not contained wholly within a building and is not used for gain or profit.

 

2.  Prohibitions:

 

No person shall;

 

1) construct or cause to be constructed a privately owned outdoor swimming pool without obtaining permission for the swimming pool from the Township of Machar.

 

2) place or allow to be placed, water or allow water to remain in privately owned outdoor swimming pool unless the fences and gates prescribed in this by-law have been erected and maintained in conformance with provisions of this by-law.

 

3) allow the fences and gates, as prescribed in this by-law, to be removed, destroyed or become into a state where they do not perform their intended use.

 

3.  Permission:

 

Applications for permission required in Section 2 of this by-law shall be made via correspondence directed to Council and be accompanied by the following:

 

1) a detailed site plan of the property showing the location of all buildings and the proposed swimming pool and fence, drawn to scale.

 

2) approval in writing from the North Bay and District Health Unit, where applicable.

 

3) a fee of $50.00.

 

4.  Fences and Gates:

 

The fences and gates referred to in Section  2 of this by-law shall be constructed as follows:

 

1) the fence shall be a minimum of 1.2m (4 ft) in height measured from anywhere at the grade of the bottom of the fence vertically to the top.

 

2) there shall be no opening in the fence greater than 100mm (4 in).

 

3) the fence shall be constructed of such material and in such a manner as to not facilitate climbing of the fence.  Additionally the fence shall be constructed and maintained to be rigid and secure, able to resist any reasonable lateral forces.

 

4) where the swimming pool is constructed wholly or partly above grade, that portion of the construction above grade may be used in the calculation required for height in Subsection 4, 1) above provided that the remaining requirement is met in a safe manner for pool uses.

 

5) the fence shall completely encompass the swimming pool excepting that the wall or walls of a building may be substituted for a portion thereof provided the fence is affixed to the building.

 

6) all fences required in this by-law, excepting fences as described in Section 4. 4) of this by-law shall be constructed in such a manner that no portion of the fence is closer than 1.5m (5 ft) to the edge of the swimming pool.

 

7) any opening in the fence, provided for passage through the fence shall be protected by a gate.

 

8) gates shall be constructed in a like manner as the fence required in Section 4. 1), 2)

and 3) of this by-law.

 

9) gates shall be provided with a lock or locks which require a key or special knowledge to open and be self-closing and equipped with a self-latching device which shall be located on the pool side of the fence at the top of the gate.

 

10) gates shall be kept closed and locked at all times excepting when the fenced in area is in use by the owner, lessee or tenant of the land, or other authorized responsible person.

 

5.  Offences:

 

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act.

 

6.  Repeal:

 

That By-Law 9-99 & all previous swimming pool by-laws are hereby repealed.

 

 

BY-LAW READ A FIRST AND SECOND TIME THIS 9th day of July 2007.

 

BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 9th day of July 2007.

 

 

 

                                                                        ……………………………………………….

                                                                        Per Mayor Harvey Pinkerton

 

 

                                                                        ……………………………………………….

                                                                        Per Clerk-Treasurer Brenda Paul, AMCT

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