THE CORPORATION OF THE CITY OF BURLINGTON

 

BY-LAW NUMBER 43-2008

 

A by-law to amend By-law 74-2005 to require the owners of privately owned swimming pools to erect and maintain fences and gates around such swimming pools.

 

WHEREAS in accordance with paragraph 30 of Section 210 of the Municipal Act, R.S.O., 1990 Chapter 302, as amended, by-laws may be passed for requiring owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools and for prescribing the height and gates and for prohibiting the excavating of or erection of any such swimming pool without a permit, certifying approval of plans for such fences and gates and for prohibiting the placing or maintaining of water in any such swimming pool without such approved gates and fences; and

 

WHEREAS Council enacted By-law 74-2005, a by-law to erect and maintain fences and gates around swimming pools; and

 

WHEREAS it is deemed necessary to amend By-law 74-2005 which requires owners of privately owned swimming pools to erect and maintain fences and gates around such swimming pools; and

 

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS:

 

1.     That Section 2.1.5 “ Swimming Pool” Definition be amended by deleting the following;

 

“It shall not include a hydro massage pool having a water surface area that is less than 8m^2.

 

And substituting with;

 

“It shall include a hydro massage pool.”

 

2.     THAT Section 5.1.6 be deleted and substituted with;

 

5.1.6 “Wrought iron or other metal type fencing shall extend from the ground for a height of not less than 1.5 m and not more than 2.0 m.  Such fencing shall have the horizontal rails more than 1.2 m apart measured vertically from the top of the bottom horizontal rail to the top of the next closest rail, and have the openings between the vertical members not exceeding 100mm.“

 

3.     THAT Section 8 General Provisions be amended by adding:

 

8.7 Hot Tubs

 

(a)   For a hot tub that is installed entirely above ground, a prefabricated cover may be considered as a swimming pool enclosure and may be exempt from providing a complying swimming pool enclosure if it is equipped with a substantial cover, which is permanently fixed to the structure and which is locked to prevent access when the structure is not in use.

 

8.8 Discharge:

 

(a)     No owner shall discharge water onto any private property without the consent of the owner of that property.

(b)   Owners may discharge water onto public property unless directed otherwise.

(c)   Water discharge as a normal course of subdivision or site drainage is exempt from this by-law.

8.9

 All fences shall be designed so that no member, attachment or opening will facilitate climbing

 

4.     THAT Section16.1.2, be deleted and substituted with the following:

 

16.1.2.

 

1)        A By-law Enforcement Officer may issue a Notice of Contravention to an owner for any infractions of the by-law.

 

2)        If a Notice of Contravention is not complied with within the time prescribed Therein, the Corporation may do any or all of the following, on behalf of the Owner:

 

a)       remove, replace, and/or repair parts of or the entire swimming pool enclosure; or

 

b)     drain the swimming pool of water.

 

3) Any materials or structures removed by the Corporation under subsection (2) may be deposited on the owner’s property or stored at the Corporation for thirty (30) days at the owner’s expense.

 

4)        The Corporation may recover the costs from the owner for the work done by the Corporation on behalf of the owner under subsections (2) and (3).

 

5.     THAT Appendix “A” Permit Fee Schedule, be amended by adding;

 

Hydro-massage pool (to construct or erect)            $ 75.00

 

 

THAT in all other respects By-law 74-2005 be and is hereby confirmed.

 

 

ENACTED AND PASSED THIS 20^th day of May, 2008

 

 

MAYOR: _____________________________________

 

 

CITY CLERK: _________________________________