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O
OFFICE CONSOLIDATION
INCLUDING AMENDMENT PS-5-10004 (May 3, 2010)
PUBLIC SAFETY
By-law PS-5
A by-law to provide for the owners of privately-owned outdoor
swimming pools to erect and maintain fences.
BY-LAW INDEX
Part 1
DEFINITIONS
1.1 Definitions
Chief Building Official – defined
City – defined
Gate – defined
Hydro massage pool – defined
Maintain – defined
Replacement – defined
Self-closing device – defined
Self-latching device – defined
Swimming pool – defined
Swimming Pool Fence – defined
Part 2
GENERAL PROVISIONS
2.1 Administration – Chief Building Official
2.2 Application of by-law – on or after January 1, 1993
2.3 Existing swimming pool fences – lawfully constructed
2.4 Maintain – swimming pool fencing – compliance with previous by-law
2.5 Replacement – swimming pool fencing – compliance – required
2.6 Swimming Pool Fence By-law – prevails
2.7 Existing Swimming Pool Fences – used by property abutting, portion conforms
Part 3
PROHIBITIONS
3.1 No construction – without permit
3.2 Swimming pool – not enclosed by swimming pool fence
3.2.1 Have or keep swimming pool – without permit
3.2.2 Have or keep swimming pool – not enclosed by fence 2
3.3 No construction – without temporary fencing
3.4 Construction – fence – non-conforming
3.5 Gate – without self-closing – self-latching device
3.6 Gate – self-latching device – distance above ground
3.7 Storage of materials – against outside of swimming pool fence
3.8 Replacement – existing fence – without permit
3.9 Swimming Pool Fence – maintain – in accordance with by-law
3.10 Two gates – self-closing / self-latching device – permanently affixed
3.11 Use of materials – pool fence
3.12 Completion of pool fence – filling of water
Part 4
APPLICATION FOR
SWIMMING POOL FENCE PERMITS
4.1 Application – to Chief Building Official – in writing – owner
4.2 Application – documentation to accompany – set out
4.3 Permit – issue – by Chief Building Official – conditions
Part 5
SWIMMING POOL FENCE REGULATIONS
5.1 Height – minimum requirements
5.2 Opening – maximum diameter
5.3 Opening – maximum diameter – exception – conditions
5.4 Ground clearance – maximum
5.5 Structural members – prevent easy climbing – required
5.6 Construction – to prevent unauthorized entry
5.7 Height – measurement – from ground level
5.8 Gate – self-closing – self-latching – locking device
5.9 Gate – self-latching device – requirements
5.10 Temporary fence – required – during construction
5.11 Deck forms swimming pool fence
Part 6
UNDERTAKING TO ENSURE REPAIR
6.1 Boulevard crossing – by vehicles – deposit – calculation
6.2 Debris on streets – prevention – cleaned – by owner 3
Part 7
ENFORCEMENT
7.1 Fine – for contravention
7.2 Continuation – repetition – prohibited – by order
7.3 Default – not remedied – done at owner's expense
Part 8
REPEAL – ENACTMENT
8.1 By-law – previous
8.2 Effective date