a) The owner of a privately-owned outdoor swimming pool shall erect and maintain an adequate enclosure surrounding the entire swimming pool area and sufficient to make such body of water not readily accessible to small children.
b) No person shall place any water in a privately owned outdoor swimming pool or maintain such pool filled with water until an enclosure complying with the requirements of this section has been erected around the swimming pool.
c) Such enclosure, including gates therein, shall extend from the finished grade to a height, measured on the outside of the enclosure, of not less than 1.5 metres (5’-0”).
d) When a wall of a building forms part of such enclosure, no main or service entrance to the building shall be located within the swimming pool area enclosure, except that this requirement shall apply when the main entrance and all exterior service meters and intakes are located outside the enclosure and a sign is erected and maintained directing all service personnel to use the main entrance.
e) Except as provided in f) vi) (b), such enclosures shall have no rails or other horizontal or diagonal bracing or attachments on the outside that would facilitate climbing.
f) A fence forming part of such enclosure,
i) shall be of vertically boarded wood construction, chain link construction or of other materials and construction as provided in clause (f) (vi);
ii) if of chain link construction, shall
a) be of not greater than 39 millimetres (1 ½”) diamond mesh;
b) be constructed of galvanized steel wire not less than No. 12 gauge, or of minimum 14 gauge steel wire covered with a vinyl or other approved coating forming a total thickness equivalent to No. 12 gauge galvanized wire;
c) be supported by at least 39 millimetres (1 ½”) diameter galvanized steel posts each covered by a minimum of 50 millimetres (2’) of concrete from grade to a minimum of 600 millimetres (2’ – 0”) below grade; such posts to be spaced not more than 3.0 metres (10’ – 0”) apart. Top and bottom horizontal rail shall be provided of 30 millimetres (1 ¼”) minimum diameter galvanized steel, except that a 6 millimetre (1/4”) minimum diameter galvanized steel tension rod may be substituted for the bottom horizontal steel rail. A vinyl or other approved coating may be substituted for the galvanized coating;
iii) if of wood construction shall
a) have the vertical boarding attached to supporting members all of which are arranged in such a manner so as not to facilitate climbing from the outside. Such vertical boards shall be not less than 1 x 4 inch nominal dimensions spaced not more than 1 ½ inches apart;
b) be supported by a minimum of 100 millimetres (4”) square or 100 millimetres (4”) diameter cedar posts, nominal dimensions, spaced not more than 2.4 metres (8’-0”) on centres securely embedded to a minimum of 600 millimetres (2’-0”) below grade. That portion of the wood post below grade shall be treated with a wood preservative. Top and bottom horizontal rails shall be provided of wood 38 millimetres x 90 millimetres (2” x 4”) minimum nominal dimensions;
c) Shall not have lattice woodwork incorporated in the fence design from finished grade to a point 1.5 metres above finished grade.
iv) shall include no part consisting of barbed wire or having similar or dangerous characteristics and no device for objecting to an electric current through the fence;
v) fence location may occur on the property line but in no case closer than 1.2 metres (4’-0”) to the pool or any climbable structure.
vi) may be of construction other than that specified provided a equivalent degree of safety is maintained and shall
a) be constructed so that the rigidity is equal to that specified for those fences described in clauses (I) (ii) or (iii);
b) be permitted to have exposed structural or other members or parts thereof that may facilitate climbing the outside of the enclosure provided the minimum clear vertical distance between any lower two (2) members, or parts thereof, is 1.2 metres (4’-0”) and regardless of the location of such members, where this minimum 1.2 metres (4’-0”) vertical dimension is maintained the least dimension of any opening through such fence may be increased to not more than that required to prevent the passage of a spherical object having a diameter of 100 millimetres (4”).
g) Gates forming part of such enclosure shall
i) be of construction and height equivalent to that required for the fence;
ii) be supported on substantial hinges, and
iii) each be self-closing and equipped with a locking device and with a self-latching device placed at the top and on the inside of the gate.
h) Subject to the provisions of Paragraph d), doors providing access from a building directly to an enclosed swimming pool area, other than door located in a dwelling unit or a rooming unit, shall each be self-closing and equipped with a locking device and with a self-latching device located not less than five feet above the bottom of the door.
i) The owner of every privately-owned outdoor swimming pool shall ensure that every gate and door required by Paragraphs g) and h) to be equipped with a locking device shall be kept locked at all times there is more than 600 millimetres (2’-0”) of water in the pool and a responsible person is not present and supervising the pool.
j) The Chief Building Official for Loyalist Township shall issue a permit certifying approval of the location and design of all fences and pools required to be constructed and maintained around any privately-owned swimming pool and such Inspector may require the production of plans and design data for all such pools and fences before considering any application for approval of a pool and fence.
k) Without such permit referred to in Clause 2 j) above, no privately-owned outdoor swimming pool may be excavated for or erected and the Chief Building Official may refuse to issue said permit for any such gates or fences that if erected would be contrary to the provisions of this or any by-law of Loyalist Township.
l) The Chief Building Official may direct that in default of the proper fencing being installed around a pool by the person directed or required to do it, such fencing will be installed t the owner’s expense and the municipality may recover the expense incurred in doing it by action or in the like manner as municipal taxes.
