City of Barrie Pool and Spa Fencing Requirements
By-Law 94-59
To regulate the protective
enclosure of privately owned
outdoor swimming pools and to
repeal By-law 77-104.
This By-law is printed under and by
authority of the Council of the City of
Barrie, Ontario, Canada
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Bill # 73
BY-LAW NUMBER 94-59
A By-law of the Corporation of the City
of Barrie to regulate the protective
enclosure of privately owned outdoor
swimming pools and to repeal By-law
77-104
WHEREAS, Subsection 23 of Section 210 of the
Municipal Act, 1990, (Chapter 302 of R.S.O.) permits a
by-law to be passed by a municipal council to regulate
fences and gates that enclose privately owned outdoor
swimming pools and other related matters,
AND WHEREAS, the Council of The Corporation of the
City of Barrie deems it expedient to provide such
regulations,
AND WHEREAS, the Council of The Corporation of the
City of Barrie adopted By-law 77-104,
AND WHEREAS, by resolution 94-G-124, the Council of
The Corporation of the City of Barrie deems it expedient
to amend the by-law to regulate the protective enclosure
of privately owned outdoor swimming pools.
NOW THEREFORE, the Council of the Corporation of the
City of Barrie enacts as follows:
1. SHORT TITLE
This By-law may be cited as the “Pool Enclosure
By-law”.
2. DEFINITIONS
In this By-law:
(1) “Authority having jurisdiction” means the Chief
Building Official and any Building Inspector or
Property Standards Officer authorized by the
Chief Building Official to administer this bylaw.
(2) “Building Inspector” means an inspector
appointed by the Council of the Corporation to
inspect buildings and structures pursuant to
the Building Code Act.
(3) “Chief Building Official” means the person
appointed by the Council of the Corporation to
administer the Building Code pursuant to the
Building Code Act.
(4) “Corporation” means the Corporation of the City
of Barrie.
(5) “Enclosure” means a fence, wall or other
structure or thing, including gates and doors,
which surrounds the perimeter of a pool which
would discourage the entry of a person into the
enclosed area.
– 2 –
(6) “Pool” means a privately-owned outdoor body of
water,
(a) contained in a container that is,
(i)artificial, manufactured or assembled;
(ii)capable of retaining <a href=”http://www.napoleon.cc/cottage/”target=”_blank”rel=”external”title=”Midland Cottage Inspections” >water measuring
more than 460mm (18.1 inches) in depth
at any point, and
(iii)capable of being used for swimming,
bathing, diving or wading,
(6) (b) and includes,
(i)manufactured swimming pools, both
above-ground and in-ground;
(ii)custom built pools; and
(iii)hot tubs and spas,
(c) but does not include,
(i)irrigation ponds on farms used for
watering livestock or for irrigation;
(ii)naturally formed depressions in the
ground surfaces
(iii)garden or fish ponds used as
landscaping features with plant
materials grown in and around the
pond; and
(iv)public swimming pools as defined and
regulated by the Ontario Building
Code.
(7) “Property Standards Officer” means an inspector
appointed by the Council of the Corporation
assigned the duties of enforcing the
Corporation’s Minimum Property Maintenance and
Occupancy Standards By-law.
3. ADMINISTRATION AND ENFORCEMENT
The Chief Building Official shall be responsible for
the administration and enforcement of this by-law.
4. POOL ENCLOSURE PERMIT
(1) No person shall excavate for, erect or install
a pool, or cause the excavation for, erection
of or installation of a pool unless a permit
for the pool enclosure has been issued by the
Chief Building Official.
(2) To obtain a pool enclosure permit, an applicant
shall file an application in writing on forms
prescribed by and available from the Chief
Building Official, and shall supply any other
information relating to the application as
required by the Chief Building Official.
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(3)Every pool enclosure permit application shall:
(a) describe the land on which the work is to
be done, by a description that will
readily identify and locate the site on
which the pool will exist;
(b) be accompanied by plans, sketches and
specifications about the pool enclosure as
described in this by-law;
(c) be accompanied by the required fees as
determined in accordance with Schedule
“A”;
(d) state the names, addresses and telephone
numbers of the owner, applicant and the
constructor;
(e) be signed by the applicant who shall
certify as to the truth of the contents of
the application.
(4) The Chief Building Official shall, where the
conditions in Subsection 4(3) above have been
fulfilled, issue a pool enclosure permit to the
applicant unless,
(a)the proposed pool or pool enclosure will
contravene this by-law or any other
applicable law;
(b)the application for it is incomplete; or
(c)any fees due are unpaid.
(5) Where an application for a permit remains
incomplete or inactive for 30 days after it is
made, the application may be deemed by the
Chief Building Official to have been abandoned,
without further notice to the applicant.
5. PLANS AND SPECIFICATIONS
(1) Every applicant shall furnish,
(a) sufficient plans, specifications,
documents and other information to enable
the Chief Building Official to determine
whether the proposed pool enclosure
conforms to this by-law and any other
applicable laws;
(b) a site plan referenced to a current plan
of survey certified by a registered
Ontario Land Surveyor and a copy of such a
survey shall be filed with the
municipality unless this requirement is
waived because the Chief Building Official
is able, without having a current plan of
survey, to determine whether the proposed
pool and pool enclosure conforms to this
by-law and any other applicable laws. The
site plan shall include,
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(i)lot size and dimensions of the
property;
(ii)setbacks of the pool and pool
enclosure from existing and proposed
buildings and property lines;
(iii)existing and finished ground levels
or grades, and
(iv)existing rights of way, easements and
municipal services.
(2) Plans submitted shall be legible and be drawn
to scale upon paper or other suitable and
durable material to the satisfaction of the
Chief Building Official.
(3) Plans and specifications furnished according to
this by-law become the property of the
municipality and will be disposed of or
retained in accordance with relevant
legislation.
6. FEES
(1) The Chief Building Official shall determine the
required fees calculated in accordance with
Schedule “A” for the proposed pool enclosure
and the applicant shall pay such fees at the
time of making an application.
(2) Upon written request, the Chief Building
Official shall determine the amount of fees, if
any, that may be refunded in accordance with
Schedule “A” in the case of,
(a) withdrawal of an application,
(b) abandonment of an application,
(c) denial of a permit, or
(d) revoking of a permit.
7. POOL ENCLOSURE COMPLIANCE
(1) No person shall erect or install or cause to be
erected or installed any pool enclosure except
in accordance with this by-law.
(2) No person shall make a material change or cause
a material change to be made to a plan,
specification, document or other information on
the basis of which a permit was issued without
notifying, filing details with and obtaining
the authorization of the Chief Building
Official.
(3) No person shall erect or install or cause to be
erected or installed any pool enclosure except
in accordance with the plans, specifications,
documents and any other information on the
basis of which a permit was issued and any
changes to them authorized by the Chief
Building Official.
– 5 –
(4) No person shall place water or allow water to
be placed in any pool to a depth of more than
460mm unless the pool is safely enclosed by a
pool enclosure that complies with the standards
set out in this by-law.
(5) Every pool shall continue to be enclosed by a
pool enclosure that complies with the standards
set out in this by-law so long as water
remains, or is capable of remaining in the pool
to a depth of more than 460mm.
8. POOL ENCLOSURE STANDARDS
(1) Every pool enclosure shall be designed,
constructed and maintained so as to discourage
the entry of small children into the pool area.
(2) The following standards are deemed by the
Corporation to satisfy the intent of Article
8.(1) above.
(a)HEIGHT:Every pool enclosure shall be not
less than 1.2 metres (47.23 inches)
in height measured from the finished
grade and any climbable fixture or
feature on the exterior side of the
pool enclosure, to the top of the
pool enclosure, as determined at the
time of the initial pool enclosure
approval.
(b)RIGIDITY:Every pool enclosure shall be
constructed and maintained to be
rigid and secure, able to resist any
reasonable lateral forces that may be
applied to the enclosure material
within its minimum required height.
(c)OPENINGS:No openings, spaces or gaps in the
enclosure material shall allow the
passage of a spherical object having
a diameter of 100mm (3.94 inches)
within the enclosure’s minimum
required height.
(d)NON-CLIMBABLE:Within the enclosure’s minimum
required height, no horizontal or
diagonal components shall be located
so as to facilitate the climbing of
the enclosure. Horizontal or
diagonal members shall be spaced not
less than 900mm (35.42 inches)
measured between the top edge of
adjacent members.
(e)GATES AND DOORS:All gates and doors of the
pool enclosure other than from the
property’s dwelling unit, shall be
kept in a closed, secure and latched
position whenever the pool area is
unattended by a supervisory adult.
All gates shall be of equivalent construction
and height as the minimum requirements of the
pool enclosure and shall be supported on
substantial hinges.
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(3) Without limiting the generality of the above
noted principles, the following situations
shall be further regulated within the minimum
required height of the enclosure as follows.
(a) BOARD FENCES
(i) All board material shall be of
minimum 19mm thickness (1 inch
nominal thickness).
(ii) All horizontal support rails
shall be of minimum 39mm x 89mm
(nominal 2″ x 4″) material.
(iii)All support posts shall be of
minimum 89mm x 89mm (nominal 4″
x 4″) material spaced not more
than 2.5m (8.2 feet) apart.
(b) LATTICE FENCES
(i) The openings of any lattice
material shall be not greater
than 51mm x 51mm (2″ x 2″) in
size.
(ii) All lattice material shall be
laterally supported at all edges
and at horizontal and vertical
spacing of not more than 1.2
metres (3.94 ft).
(c) CHAIN LINK FENCES
(i) All chain link fences, posts and
rails shall be of galvanized or
vinyl coated material.
(ii) All chain link mesh material
shall be a minimum of No. 14
gauge wire.
(iii)The openings of any chain link
fencing material shall be not
greater than 51mm x 51mm (2 inch
x 2 inch) in size.
(iv) The chain link mesh material
shall be supported at the top
and bottom by an approved
reinforcing cable or a rail.
(v) Every chain link pool enclosure
shall be supported by posts that
are not less than 38mm (1.5
inches) in diameter, spaced not
more than 2.5 metres (8.20 ft.)
apart.
(d) ABOVE GROUND POOLS
Only the ladders or stairs providing
access to an above ground pool need
be enclosed in accordance with this
by-law provided the following
conditions are maintained:
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(i) The sides of an above ground pool
shall be not less than 1.2 metres
(3.94 ft.) in height measured from
the finished grade and any climbable
fixture or feature on the exterior
face of the pool wall to the top rail
of the pool wall, as determined at
the time of the initial pool
enclosure approval.
(ii) Pumps, air conditioners, heaters,
filters or other appliances or
equipment shall be located not less
than 1.2 metres (3.94 ft.) from the
top rail of the pool walls or shall
be enclosed in accordance with this
by-law.
(e) SPAS
Outdoor spas need not be enclosed by
a pool enclosure provided they are
enclosed by a solid, locked cover
that is secured over the entire water
surface when the area surrounding the
spa is unattended by a supervisory
adult.
(f) OTHER MATERIALS
(i) Other fencing materials may be
approved by the Chief Building
Official where it can be
demonstrated that the material
will perform with an equivalent
degree of safety as outlined in
Section 8 (2) of this by-law.
(g) TEMPORARY FENCING
For a period of not more than two
weeks, sections of a pool enclosure
can be replaced with temporary
fencing material such as plastic mesh
to facilitate maintenance or access
to the pool area, provided the
temporary fence material is;
(i) at least 1.2 metres (3.94 ft.)
in height
(ii) securely supported by posts
spaced not more than 2.0 metres
(6.56 ft.) apart, and
(iii) securely fastened to the
remaining sections of the pool
enclosure.
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(h) PROHIBITED MATERIALS
(i) No barbed wire or anything
having similar dangerous
characteristics are permitted as
a component of a pool enclosure.
(ii) No electrical current is
permitted to be connected to or
conducted through any part of a
pool enclosure.
9. PENALTIES
(1) Any person who contravenes any provision of
this by-law is guilty of an offence.
(2) A person who is convicted of an offence is
liable to a ,000 fine as setout in the
Provincial Offences Act and in By-law 90-268.
10.BY-LAW REPEALED
(1)That By-law 77-104 is hereby repealed.
(2)This by-law comes into force and has effect on the
date of its enactment.
READ a first and second time this 18th day of April,
1994.
READ a third time and finally passed this 18th day of
April, 1994.
THE CORPORATION OF THE CITY OF BARRIE
____________________________________
MAYOR
____________________________________
CITY CLERK
BY-LAW NUMBER 94-
SCHEDULE “A”
1. FEES
The following fees shall be collected by the Chief
Building Official.
(a) Pool Enclosure Permit $ 50
(b) Pool Enclosure Permit when project
is combined with a deck permit or
changehouse permit issued concurrently $ 25
(c) Reinspections pursuant to an
Order to Comply $ 20
(d) Letters confirming compliance $ 30
2. PERMIT FEE REFUNDS
Upon receipt of a written request, the Chief Building
Official shall refund 60% of the permit fee where the
permit is being cancelled or has been revoked,
provided the request is received not more than 30 days
after the permit has been cancelled or revoked and no
inspections have been performed.
POLICY & PROCEDURE
FOR
POOL FENCE ENCLOSURES
1. REGULATION
The requirement to safely enclose a pool is a regulatory
matter of the City of Barrie administered by the Chief
Building Official. The regulations are contained in a
municipal by-law.
2. PERMIT APPLICATIONS
(a)Applications for a pool enclosure permit shall be
submitted by the owner or his agent, on prescribed
forms, to the office of the Chief Building
Official.
(b)The applications shall be reviewed and discussed
with the applicant to confirm thoroughness of
information. Fees shall be collected and a
receipt issued.
(c)The application shall be entered into the computer
filing system, and a permit number assigned to the
application.
(d)A file folder shall be prepared with supplementary
forms and a permit placard.
(e)The file shall be reviewed for compliance with the
municipal zoning by-law and signed by the zoning
inspector.
(f)The file shall be reviewed by any other municipal
staff as deemed necessary to confirm compliance of
the project with any other municipal regulations.
(i)The owner shall be notified of any other agency
approvals that may be required to be submitted, as
soon as they become known.
(j)Plans describing the type of pool enclosure shall
be reviewed for compliance with the pool enclosure
by-law.
(k)The owner shall be notified of any issues that may
affect the issuance of a permit forthwith as they
arise.
3. PERMIT ISSUANCE
(a)The permit shall be issued when the application has
been reviewed thoroughly and found to be in
compliance with all regulatory requirements.
(b)The applicant shall be notified of the permit
issuance and asked to come to the office to pick
up the permit documents. The applicant shall be
advised of the required inspection notification.
4. INSPECTIONS
(a)An inspection shall be carried out as soon as
possible after receiving notification of the
readiness to inspect.
(b)Notwithstanding the requirement to be notified, an
inspection shall be carried out of a property when
the permit is more than 4 weeks old and no
notification has been received.
(c)When inspecting, the pool enclosure shall be
thoroughly inspected to confirm compliance of the
enclosure with the requirements of the pool
enclosure by-law and of the approved permit
drawings.
4. (d)If the pool enclosure is complete and satisfactory,
the owner shall be advised that the pool can be
filled and that no further inspections will be
required.
(e)If the pool enclosure includes any sections of
temporary fencing, and such enclosure meets the
requirements of the pool enclosure by-law, the
owner shall be advised that the pool can be
filled, but that the enclosure must be completed
with permanent fencing within two weeks, and
notification given for a re-inspection.
(f)When reinspection of a pool enclosure is required
due to temporary fencing, the inspector shall
schedule to return to the property in two weeks
time, even if notification is not received.
5. CLOSING FILES
(a)The inspection file for a pool enclosure permit
shall be closed as soon as possible following a
satisfactory inspection of the completed pool
enclosure.
6. ENFORCEMENT
(a)If, during an inspection pursuant to a pool
enclosure permit, it is found that the pool
enclosure does not meet any item of the by-law
regulation, the owner shall be notified of the
deficiency and the options available to correct
same. The owner shall be asked to notify the
office for a re-inspection prior to the placing of
any water in the pool.
(b)Notwithstanding the requirement to notify, the
inspector shall schedule to return to the property
1 week following the last inspection.
(c)If, upon reinspection, it is found the deficiency
has not been satisfactorily resolved, the
inspector shall provide the owner with a written
order, specifying the deficiency, and requiring
compliance and a reinspection of the pool
enclosure prior to filling the pool. A maximum of
1 week shall be granted to comply with the by-law.
(d)Unless notified earlier, the inspector shall return
to the property 1 week from the last inspection to
determine compliance of the pool enclosure. An
inspection fee is charged for this inspection.
(e)If, upon reinspection, the pool enclosure remains
incomplete, the inspector shall prepare for court
charges as per the Provincial Offences Act.
DANGEROUS CONDITIONS
(f)If, at any time, the inspector discovers any
dangerous, unsafe conditions, such conditions
shall be brought to the attention of the Chief
Building Official to determine what emergency
measures are to be taken to protect the public.
WATER IN BEFORE AUTHORIZED
(g)If, upon inspection of a property, water has been
placed in a pool and the pool enclosure does not
meet the requirements of the by-law, the inspector
shall issue an order to the owner requiring
compliance with at least temporary fencing within
24 hours, after which the inspector shall prepare
for court charges if the matter is not corrected.
6. NO PERMIT
(h)If, during the normal course of duties, an
inspector finds a pool installed and there is no
record of a permit issued for the pool enclosure,
the inspector shall notify the owner in writing of
the violation of the by-law. The pool enclosure
shall be inspected thoroughly forthwith to
determine compliance. Any deficiencies found
shall be identified in writing to the owner, who
shall be given 24 hours to correct any
deficiencies with at least temporary fencing,
after which the inspector shall prepare for court
charges if the matter of the deficiencies are not
corrected. The owner shall be granted one week to
submit an application for a permit, with
appropriate follow up by the inspector.
COMPLAINTS
(i)Upon receipt of a bona fide complaint, an inspector
shall attend to a property where it is alleged
that a pool enclosure has not been provided or
maintained.
(j)If, upon inspection, it is found that the pool
enclosure does not meet the requirements of the
pool enclosure by-law, such deficiencies shall be
identified in writing to the owner, who shall be
given no more than 1 week to correct the matter.
(k)Unless notified earlier, the inspector shall return
to the property after 1 week to confirm
satisfactory compliance of the pool fence
enclosure. If the enclosure remains incomplete,
the inspector shall prepare for court charges as
per the Provincial Offences Act.
PERFORMING WORK
(l)If for any reason, a pool enclosure is not
adequately secured, the inspector may, after
reasonable notice, enter upon the lands with a
contractor to perform such work as necessary to
restore or complete the requirements for a safe
pool enclosure. All charges shall be invoiced to
the property owner or collected in a like-manner
as taxes, as authorized by Section 325 of the
Municipal Act.
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