1994-111 To regulate fencing around private outdoor swimming pools
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-111
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BEING A BY-LAW TO REGULATE FENCING AROUND PRIVATE OUTDOOR
SWIMMING POOLS WITHIN THE TOWNSHIP OF ORO-MEDONTE
WHEREAS The Municipal Act, R.S.O. 1990, Chapter M.45, Section
210, subsection 30, permits Municipalities to pass By-laws
requiring owners of privately owned outdoor swinuning pools to erect
fences around such swinuning pools;
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AND WHEREAS it is deemed expedient to regulate fencing around
private outdoor swinuning pools in the Township of Oro-Medonte;
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NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE HEREBY ENACTS AS FOLLOWS:
1. Definitions
"Swinuning 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 one metre and
no dimension exceeding three metres.
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"Privately Owned
Outdoor Swinuning Pool"
shall mean, any swinuning 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;
a) construct or cause to be constructed a privately owned
outdoor swinuning pool without obtaining a swinuning pool
fence permit from the Municipality.
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b) place or allow to be placed, water or allow water to
remain in a privately owned outdoor swinuning pool unless
the fences and gates prescribed in this by-law have been
erected and maintained in conformance with provisions of
this by-law.
c) 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.
Permits
Applications for permits required in Section 2 of this By-law
shall be made on the prescribed form and be accompanied by the
following;
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a) A detailed site plan of the property showing the location
of all buildings and the proposed swinuning pool and fence,
drawn to scale.
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b) Approval in writing from the Simcoe County District Health
Unit, where applicable.
c) A fee of $50.00 (fifty dollars).
4. Fences and Gates
The fences and gates referred to in Section 2 of this By-law
shall be constructed as follows;
a) The fence shall be a minimum of 1.2 m (4 feet) in height
measured from anywhere at the grade of the bottom of the
fence vertically to the top.
b) There shall be no opening in the fence greater than 100mm
(4") .
c) The fence shall be constructed of such material and in
such a manner as to not facilitate climbing of the fence.
d) 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 (a) above provided that the remaining
requirement is met in a safe manner for pool uses.
e) 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.
f) All fences required in this by-law, excepting fences as
described in Section 4 (d) of this by-law shall be
constructed in such a manner that no portion of the fence
is closer than 1.5m (5 feet) to the edge of the swimming
pool.
g) Any opening in the fence, provided for passage through the
fence shall be protected by a gate.
h) Gates shall be constructed in a like manner as the fence
required in Section 4(a), (b) and (c) of this by-law.
i) 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.
j) 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. Offenses
Every person who contravenes any prov~s~on 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 Offenses Act.
6. That By-law No. 1372/84, as amended of the former Township of
Oro is hereby repealed.
By-law read a first and second time this lSrh ~rlY nf
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By-law read a third and finally passed this 15th day of June, 1994
CORPORATION OF
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THE TOWNSHIP OF ORO-MEDONTE
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CLERK}~/1.< 0/ ~h ri;y0
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