BY-LAW NUMBER 2004-78
THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES
prescribing the height and description of and the manner of erecting and
maintaining fences and gates around privately owned outdoor swimming pools.
WHEREAS the Municipal Act, Chapter M.45, R.S.O. 1990, Section 210,
paragraph 30, authorizes the passing of a By-Law requiring the owners of
privately owned outdoor swimming pools to obtain a permit for the installation
of pools and to erect and to maintain fences and gates around such pools;
WHEREAS the Council of The Corporation of the
Township of Rideau Lakes has deemed it expedient to enact such a By-Law;
THEREFORE the Council of The Corporation of the
Township of Rideau Lakes enacts as follows:
“ENCLOSURE” means a fence wall or
other structure, including doors
surrounding a privately owned outdoor swimming pool to restrict access thereto;
“OWNER” includes a lessee or tenant in
possession of property on
which a swimming
pool is located;
“SWIMMING POOL” means any privately
owned outdoor body of
by artificial means and is capable and intended of being used for swimming,
wading, diving or bathing.
a) The owner of a privately owned outdoor swimming pool shall
ensure that an
enclosure around such a pool is constructed and maintained to the provisions of
b) No person shall erect or construct a private swimming pool unless
and until the required permit has been issued by the Chief Building Official.
c) Every private swimming pool shall be secured against entry of the
other than tenants or their guests.
By-Law Number 2004-78 – page 2
d) A temporary fence shall be erected during construction of the
pool. It is the applicant’s responsibility to
ensure safety during construction.
e) No barbed wire nor device for projecting an electric current shall
part of a fence or gate.
Every gate erected in a fence around a
privately owned outdoor
1) be of construction and height equivalent to that required
2) be supported by substantial hinges; and
3) be self-closing and equipped with a self-latching device
placed at the
top, a minimum distance of three (3) feet six (6) inches above grade.
g) Where a wall of a building is used as part of the enclosure, all
doors located in
the wall of the building shall be equipped with self-closing, self-latching and
h) Every swimming pool shall have an enclosure erected in
with the following provisions:
1) Chain Link:
not greater that (1 ½ inch mesh, 38
millimeters) 12 gauge steel wire or 14 gauge steel wire covered with vinyl or other approved plastic.
Galvanized steel posts: spaced (9 feet
apart, 2.7 m) 4 feet below grade or to solid rock encased in concrete.
End Posts: (1 7/8” inch diameter, 50 millimeters) 4 feet below grade or to
solid rock encased in concrete.
Top and Bottom Rail: (1 ¼ inch diameter, 32 millimeters) or 12
gauge steel wire or 14 gauge steel wire plastic covered for bottom rail.
By-Law Number 2004-78 – Page 3
1x4 or 1x6 boards spaced not more than
Fastened on 2x4-top and bottom rail
spaced not more than 36” apart, fastened 2 – 3 ½” nails on each post.
Fastened to 4x4 pasts spaced 8 feet on
center, 4 feet below grade or to solid rock, encased in concrete end of post,
to have preservative.
3) Solid Metal:
28 gauge solid steel panels screwed to
top and bottom rails.
Rails: 1x4 or 2x4 fastened 2 nails
Posts: 4x4 spaced 8 feet center 4 feet
below grade or to solid rock encased in concrete end of post, to have
Where a swimming pool is erected above
grade, it shall be
enclosed with a fence of the same specifications as in ground pools as set out
in this By-Law, or shall project a minimum of forty-eight (48) inches above
grade and have no attachments or bracing on the exterior facing of the pool
which may facilitate climbing and shall be secured against entry by a self
closing, self latching gate.
ISSUANCE OF PERMITS
To obtain a permit for an outdoor
swimming pool, the applicant must:
fill out a Pool Permit Application;
pay a fee as set out in Schedule “A”
of By-Law 2004-78;
submit a plot plan describing the
location of buildings, pool,
distances from lot lines, septic system, etc.;
submit details of pool and enclosure
By-Law 2004-78 – Page 4
The Chief Building Official may refuse
to grant a permit for the pool or
for a fence
around a privately owned outdoor pool if the erection of a fence is contrary to
the provisions of any By-Law of the Township of Rideau Lakes.
Any person who
contravenes any provision of this By-Law is guilty of an offence and shall be
liable to a fine not more than one thousand ($1,000.00) dollars, exclusive of
5. EFFECTIVE DATE
a) The provisions of this By-Law shall apply to all privately owned
constructed or in construction subsequent to the date hereof, and to all such
pools which, as of the date of final passing of this By-Law, fail to meet the
requirements for such pools as set forth in this By-Law.
FURTHER that By-Law 98-66 be hereby repealed.
Read a first and second time this 5th day
of April 2004.
Ronald Holman Robert J. Maddocks
Read a third time and finally passed
this day of 2004.
Ronald Holman Robert J. Maddocks