Township of South Frontenac

TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2002 - 97

A BY-LAW TO DESCRIBE THE HEIGHT AND DESCRIPTION OF, AND THE MANNER OF ERECTING AND MAINTAINING FENCES AND GATES AROUND PRIVATELY OWNED OUTDOOR SWIMMING POOLS AND FEES ASSOCIATED THEREWITH.

WHEREAS, pursuant to the Municipal Act M45, R.S.O. 1990, Section 210, Sub-section 30, a municipality may pass By-laws requiring owner of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, for prescribing the height and description of, and the manner of erecting and maintaining, such fences and gates, and for prohibiting persons from placing water in privately-owned outdoor swimming pools or allowing water to remain therein unless the prescribed fences and gates have been erected, and for requiring the production of plans of all such fences and gates, for the issuing of a permit certifying approval of such plans without which permit no privately-owned outdoor swimming pool may be excavated or erected and for authorizing the refusal of a permit for any such fences or gates that if erected would be contrary to any by-law of the municipality.

AND WHEREAS the Ontario Building Code Act, B13, R.S.O. 1990, Section 6 authorizes Council of a municipality to pass By-laws regulating fees and rates to be paid with the application and issuance of Building Permits,

AND WHEREAS the Council of the Corporation of the Township of South Frontenac deems it advisable to pass such a By-law;

NOW THEREFORE the Corporation of the Township of South Frontenac, by its Council, hereby enacts as follows;

1. FEES

The fees, with respect to the installation of Swimming Pools shall be based on the total estimated cost of construction and shall be set out in Schedule “A” of this By-law.

2. DEFINITIONS

(a) Enclosure: Means a fence, wall, or other structure, including doors and gates, surrounding a privately owned outdoor swimming pool to restrict access thereto.

(b) Fence: Means a barrier constructed of chain link metal, wood, stone, metal, or material having an equivalent degree of strength.

(c) Gate: Means a swinging or sliding barrier used to fill or close an access and includes a door.

(d) Privately Owned Outdoor Swimming Pool: Means any privately-owned body of water located outdoors contained in whole by artificial means in which the depth of the water at any point can exceed eighteen inches (18”) and used or capable of being used for swimming, wading, diving, and bathing and does not include farm ponds. Swimming pool shall have a corresponding meaning.

(e) Service Entrance: Means that entrance into a building which is normally used by persons entering such building for the purpose of delivering goods or rendering maintenance services as opposed to the main or principal entrance.

3. ENCLOSURES Every owner of a privately-owned outdoor swimming pool shall erect and maintain around it a fence and a gate or gates in accordance with the following requirements. This applies to all owners of all pools, including those constructed prior to the passage of this By-law.

(a) No person shall fill a privately-owned outdoor swimming pool with water or maintain such pool filled with water until an enclosure complying with the requirements of this section has been erected around the swimming pool.

(b) Such enclosure, including gates therein, shall extend from the ground to a height, measured on the outside of the enclosure of not less than five feet.

(i) Notwithstanding the provisions of Section 3(b) a pool installation is deemed to comply if the installation was legally installed prior to the date of passage of this by-law provided that:

a) In the case of an above ground swimming pool, the pool wall is a full four feet from the ground or,

b) A pool is protected by a perimeter fence a full four feet high and meets the requirement of section 3(e) and,

c) Gates and openings are a full four feet high and meet the other provisions of section 3(f).

d) The owner completes additional safety features at the discretion of the Chief Building Official.

(c) When a wall of a building forms part of such enclosure, no main or service entrance to the building shall be located within the swimming pool area enclosure, except that this requirement shall not apply when the main entrance and all exterior service meters and intakes are located outside the enclosure and a sign is erected and maintained directing all service personnel to use the main outside entrance.

(d) Except as provided in (e)(vi)(2), such enclosure shall have no rails or other horizontal or diagonal bracing or attachments on the outside that would facilitate climbing.

(e) A fence forming part of such enclosure;

(i) Shall be of a vertically boarded wood construction, chain link construction or of other materials and construction as provided in Clause (e)(vi).

(ii) If of chain link construction, shall;

1. Be of not greater than one and one half inch(1½”) diamond mesh.

2. Be constructed of galvanized steel wire not less than No.12 gauge or of minimum No.14 gauge steel wire covered with a vinyl or other approved coating forming a total thickness equivalent to No.13 gauge galvanized wire.

3. Be supported by at least one and one half inch (1½”) diameter galvanized steel posts, each covered by a minimum of two inches (2”) of concrete from grade to a minimum of two feet (2’) below grade, such posts to be spaced not more than ten feet(10’) apart. Top and bottom rails shall be provided of one and one quarter inch (1¼) minimum diameter galvanized steel, except that a one quarter inch (1/4”) minimum diameter galvanized steel tension rod may be substituted for the bottom horizontal steel rail. A vinyl or other approved coating may be substituted for the galvanized coating;

(iii) If of wood construction, shall;

1. Have the vertical boarding attached to supporting members, all of which are arranged in such a manner so as not to facilitate climbing from the outside. Such vertical boards shall be not less than one inch by four inch (1”x 4”) nominal dimensions, spaced not more than one and one half inches (1½”) apart.

2. Be supported by a minimum of four inch (4”) square or four inch (4”) diameter posts, nominal dimensions, spaced not more than eight feet (8’) on centers securely embedded to a minimum of two feet (2’) below grade. That portion of the wood post below grade shall be treated with a wood preservative. Top and bottom horizontal rails shall be provided of wood two inches by four inches (2” x 4”) minimum nominal dimensions, spaced four feet (4’) minimum apart.

(iv) Shall include no part consisting of barbed wire or having similar dangerous characteristics and no device for projecting an electric current through the fence or gate(s).

(v) Fence location may occur on the property line but in no case closer than four feet (4’) to the pool or any climbable structure.

1. If constructed on the property line, shall be finished in such manner as to present the most attractive side thereof toward neighbouring property.

(vi) May be of construction other than that specified, provided an equivalent degree of safety is maintained and shall;

1. Be constructed so that the rigidity is equal to that specified for those fences described in clauses (e)(ii)(iii).

2. Be permitted to have exposed structural or other members that may facilitate climbing the outside of the enclosure, provided the minimum clear vertical distance between the upper and the lower two (2) members or part thereof, is four feet (4’) and regardless of the location of such members, where this minimum (4’) four feet vertical dimensions is maintained, the least dimension of any opening through such fence/gate may be increased to not more than that required to prevent the passage of a spherical object having a diameter of four inches (4”).

(f) Gates forming part of such enclosure shall;

(i) Be of construction and height equivalent to that required for the fence; (ii) Be supported on substantial hinges, and; (iii) Each be self closing and equipped with a self latching device placed at the top and on the inside of the gate. (g) Subject to the provisions of paragraph (c), doors providing access from building directly to the enclosed swimming area, other than doors located in a dwelling unit or a rooming unit (i.e. main door from garage, etc.) shall each be self closing and self latching and shall be equipped with a locking device located not less than five feet (5’) above the bottom of the door.

(i) Every owner of a privately-owned outdoor swimming pool shall, ensure that every gate and door required by paragraphs (f) and (g) is equipped with a locking device, and shall be kept locked at all times if there is more than eighteen inches (18”) of water in the swimming pool and a responsible person is not present and supervising the swimming pool.

(h) No perimeter fencing is required for hot tubs and spas provided they are equipped with a rigid top that is capable of being locked.

4. The location and design of all fences required hereunder to be constructed and maintained around any privately owned swimming pool, shall be approved by the Building Department of the Township of South Frontenac, prior to commencement of construction.

(a) Prior to the commencement of any excavation for or erection or construction of any privately-owned outdoor swimming pool or any enclosure to be erected in connection therewith as required by this by-law or any alteration, renovation or removal thereof, the owner of the lands upon which such construction is to be undertaken shall;

(i) Produce and file with the Building Department an application for a building permit, together with plans and technical specifications as set out in Schedule “B” to this By-law.

(ii) Secure a permit from the Building Department certifying approval of the said plans and compliance with the regulations herein contained. Without which permit no privately-owned outdoor swimming pool may be excavated for or erected, nor any fencing or gates installed, altered or removed from any existing privately-owned outdoor swimming pool.

(b) No such permit shall be authorized or issued for the construction of any such fence or gates around a privately-owned swimming pool which would be contrary to the provisions of this or any other By-law of the Municipality.

5. This By-law shall be enforced by the Chief Building Official of the Corporation of the Township of South Frontenac or any other person so designated from time to time.

6. That By-law 2002-56, the former Township of South Frontenac Pool By-law is hereby repealed.

7. 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 not less than $300.00, exclusive of costs for each offense. NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:

Dated at The Township of South Frontenac this 30th day of December, 2002.

Read a first and second time this 30th day of December, 2002.

Read a third time and finally passed this 30th day of December, 2002.

THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC

______Phil Leonard, Mayor

______Gordon Burns, Clerk-Administrator SCHEDULE "A"

This is Schedule "A" to By-law 2002-97.

1. FEE SCHEDULE

a) New Buildings - $10.00 for every $1,000 value based on construction cost.

b) Additions - $10.00 for every $1,000 Value.

c) Cottages - $10.00 for every $1,000 Value.

d) Renovations/alterations - $10.00 for every $1,000 Value.

e) Remodeling - $10.00 for every $1,000 Value.

f) Garages & Sheds - $10.00 for every $1,000 Value.

g) Occupancy Permit - $25.00

h) Plumbing - $8.00 per fixture.

i) Barns - $10.00 for every $1,000 Value.

j) Fencing of Swimming Pools- $10.00 for every $1,000 Value. Plus $500.00 deposit to be refunded once the conditions of By-law 2002-56 have been complied with.

k) Demolition - $50.00 per application.

l) New Chimney or Wood Burning Units - $40.00 Per Unit.

m) Minimum permit fee - $35.00

n) Development Charges - $1, 650.00

o) Change of Use - $250.00 (Commercial and Industrial only)

p) Permit Fee Surcharge for - 50% of permit fee plus $150.00. construction before permit issuance (minimum $150.00)

q) 911 sign - $50.00

2. RENEWAL OR TRANSFER OF A PERMIT

(a) Fee to Renew or transfer a permit is $25.00

3. WRITTEN REQUEST FOR INFORMATION

(a) For existing or partially constructed buildings.

(I) Compliance with municipal By-law. -$50.00 payable prior to the issuance of written report.

(II) Whether there are any outstanding work orders -$50.00 payable prior to the issuance of written report. SCHEDULE “B”

This is Schedule “B” to By-law No.2002-97 List of Plans or Working Drawings to accompany applications for permits.

1. The Site Plan

2. Floor Plans

3. Foundations Plans

4. Framing Plans

5. Roof Plans

6. Sections and Details

7. Building Elevations

8. Heating Ventilation and Air Conditioning Drawings

9. Plumbing Drawings

Note: The Chief Building Official may specify that not all of the above mentioned plans are required to accompany an application for a permit.