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EXCERPTS FROM BY-LAW NUMBER 3058

A BY-LAW TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF LAWFUL FENCES IN THE TOWN OF TILLSONBURG

2.13

SWIMMING POOL means any body of water located outdoors above or below finished grade on privately owned property, contained in part or in whole by artificial means in which the depth of water at any point can exceed 610 mm (24in.) and with more than 2.0 m2 (21.5sq.ft.) in potential liquid surface area and which may or may not be used or capable of being used for swimming or diving purposes, or both. Not included in this definition is any swimming pool owned by a public or government body, agency or authority, or any vessel designed or intended for therapeutic or bathing purposes which does not exceed 2.0 m2 (21.5 sq.ft.) in potential liquid surface area.

SECTION 5 SWIMMING POOL ENCLOSURE REQUIREMENTS

5.1	The owner of any lands on which a swimming pool is located or constructed or proposed to be located or erected or constructed shall construct and maintain in good repair a swimming pool enclosure around the entire swimming pool area in accordance with the applicable provisions of this By-law.
5.2	No person shall construct or cause to be constructed a swimming pool without first having installed a temporary enclosure, unless a swimming pool enclosure in compliance with this By-law shall have first been installed.
5.3	No person shall place water in or permit water to be placed in a swimming pool or allow water to remain therein unless the swimming pool enclosure prescribed by this By-law is erected and maintained in good repair.
5.4	No person shall construct a temporary enclosure unless it shall consist of a minimum 1.2 m (4 ft.)high or mesh fence having a mesh not greater than 38 mm (1.5 in), with a steel T-bar support post every 3.0 m (9.8 ft.) maximum and a 9 gauge galvanized steel wire located at the top and bottom of such fence, or unless such temporary enclosure is constructed of material that will provide an equivalent degree of safety and has been approved by the Chief Building Official.
5.5	No person shall use a swimming pool unless such swimming pool is enclosed by a swimming pool enclosure which extends from not more than 50 mm (2 in.) above the effective grade level to a minimum vertical height of 1.2 m (4 ft.) above the effective grade level.
5.6	No person shall use the wall of a building as part of the required swimming pool enclosure unless the main entrance to the building is not located within the swimming pool area and unless the service entrance if located therein, has a self-closing door equipped with a self latching device located not less than 1.5 m (4.9 ft.) above the bottom of the door.
5.7	No person shall use any members or attachments that could permit or facilitate climbing on the exterior face of a swimming pool enclosure, between 100 mm (4 in.) and 1.2 m (4 ft.) from the effective grade level.
5.8	No person shall use any swimming pool enclosure located closer than 1.0 m (3 ft. 3 in.) to any permanent physical object, growth or geographical feature or any combination thereof that permits or facilitates the climbing of such swimming pool enclosure.
5.9	No person shall use any swimming pool enclosure unless it is constructed, installed and maintained in accordance with Sections 6 and 7 of this By-law and any applicable Ontario Building Code requirements.

SECTION 6 FENCES AS SWIMMING POOL ENCLOSURES

6.1	No person shall use a fence constituting a swimming pool enclosure or part thereof unless such fence shall consist of: (i) chain link construction; or (ii) vertical panel or metal picket construction; or (iii) such other materials and construction that will provide an equivalent degree of safety as shall have been pre-approved by the Chief Building Official; or (iv) a combination of (i), (ii) and (iii).
6.2	No person shall use a fence of chain link construction which constitutes a swimming pool enclosure or part thereof unless such fence: (i) has a mesh not greater than 38 mm ( 1.5 in.) consisting of 13 gauge galvanized steel wire, or of 11 gauge steel wire covered with vinyl or other product which has been approved by the Chief Building Official which would yield a total thickness equivalent to 12 gauge wire; (ii) has no rails, bracing or exposed attachments on the exterior facing for a height of 1.2 m (4 ft.) above grade that could facilitate or permit climbing from the exterior; (iii) has the top and bottom rails firmly fastened to the upright posts, which rails shall consist of at least 32 mm (1.25 in.) galvanized steel pipe provided that a continuous galvanized steel tension rod of at least 5 mm (.2 in.) thickness may be substituted for the bottom rail; and (iv) if constructed of alternate products or methods, the same shall have been pre-approved by the Chief Building Official.
6.3	No person shall use or maintain a fence of vertical panel construction which constitutes a swimming pool enclosure or part thereof unless such fence: (i) has vertical members of at least 25 mm ( 1 in.) nominal thickness attached to a top and bottom rail in such a manner as to not facilitate or permit climbing from the exterior and which vertical members shall be spaced not more than 38 mm (1.5in.) apart in any direction; (ii) is supported by posts at least 100 mm ( 4 in.) x 100 mm (4 in.) nominal dimensions, spaced not more than 2.4 m ( 8 ft.) apart, which posts shall extend at least 0.6 m ( 2 ft.) into the ground for any fence having a height of 1.2m (4 ft) or less and shall extend at least 1.2 m (4 ft.) into the ground for any fence having a height greater than 1.2 m (4 ft.), and which posts shall be securely embedded into the soil and any portion thereof below grade consisting of wood shall be treated with an approved wood preservative or be of pressure treated wood (unless concrete encased); (iii) has top and bottom rails of at least 38 mm (1.5 in.) x 100 mm (4 in.) nominal dimensions; and (iv) if constructed of alternate products or methods, the same shall have been pre-approved by the Chief Building Official.
6.4	No person shall use a fence of metal picket or tube construction which constitutes a swimming pool enclosure or part thereof unless such fence: (i) has vertical members spaced not more than 100 mm (4 in.) apart which are attached to a supporting structure not containing any diagonal members or framework in such a manner that would not facilitate or permit climbing from the exterior; (ii) is supported by posts firmly embedded into the ground paced not more than 2.4 m (8 ft.) apart which posts shall extend at least 0.6 m (2 ft.) into the ground for any such fence having a height of 1.2 m (4 ft.0 or less and shall extend at least 1.2 m (4ft.) into the ground for any such fence having a height greater than 1.2 m; and (iii) has minimum 30 mm (1.2 in._ x 6 mm (.25 in.) top and bottom rails permanently connected to the vertical members, such rails to maintain minimum 1.2 m (4 ft.) vertical separation at all locations.
6.5	No person shall use any fence that forms part of a swimming pool enclosure which: (i) contains barbed or razor wire, electrified wiring, sharp projections or any other unsafe or dangerous characteristics on either the exterior or interior; or (ii) is located less than 1.2 m (4 ft.) from the nearest inside wetted surface of the swimming pool wall.

SECTION 7 ENTRANCES TO THE SWIMMING POOL AREA

7.1	Subject to Section 7.3, no person shall use an entrance which forms part of a swimming pool enclosure unless such entrance: (i) is of construction type and height at least equivalent to that of the required swimming pool enclosure; (ii) is supported on hinges of sufficient quantity and strength to safely and adequately support the entrance at all times; (iii) is self-closing and equipped with a self-latching device placed on the pool side of any entrance; and (iv) is equipped with an operable locking device.
7.2	No person shall construct, or use any entrance to a swimming pool area which forms part of the swimming pool enclosure, unless such entrance is kept locked at all times except when the swimming pool is in use and being supervised by a responsible adult person.
7.3	No person shall construct, or use an entrance to a swimming pool area through a door from a detached or attached garage unless the door complies with Section 5.6 of this By-law.

SECTION 8 ABOVE GROUND SWIMMING POOLS, HOT TUBS, WHIRLPOOLS & SPAS

8.1	For the purposes of this By-law above ground swimming pools are deemed to be the same as in ground swimming pools, and require the same enclosures around the entire swimming pool area in compliance to sections 4 through section 8 of this By- Law.
8.2	No person shall construct, or use an above ground swimming pool unless all access points are fenced in accordance with Section 7 of this By-law.
8.3	No person shall construct or use a deck or ramp or part thereof serving a swimming pool area with a height greater than .6 m (2 ft.) above the effective grade level unless a continuous fence or other guard is constructed and maintained around the exterior perimeter of the deck or ramp. Such fence or guard shall have a minimum height of 1.0 m (3 ft. 3 in.) above the deck or ramp, and shall not be constructed so as to facilitate or permit climbing as per the requirements of the Ontario Building Code.
8.4	No person shall install, construct or use any structure commonly known as a "hot tub", "whirlpool", or "spa" unless any such structure is provided with a secure cover fully capable of closing the opening thereto and which cover is locked to prevent access when the structure is not in use. Otherwise, these structures must comply with the respective requirements of Sections 4 through Section 8 of this By-law.