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TOWN OF CANORA
Bylaw No. 24-07
A BYLAW TO REGULATE AND ENSURE THE SAFE
OPERATION OF PRIVATE SWIMMING POOLS
The Council of the Town of Canora in the Province of Saskatchewan enacts as follows:
Short title
1.
This bylaw may be cited as the Swimming Pool Bylaw.
Purpose
2.
The purpose of this bylaw is to ensure the safety, health and welfare of people
within the town by:
a) controlling and regulating the construction, erection, maintenance, repair and
demolition of private swimming pools; and
b) specifying, regulating and enforcing the use of safety measures in relation to
the operation of private swimming pools.
Definitions
3.
In this Bylaw:
b) "Above-ground pool" means a swimming pool constructed such that all or
substantially all of the pool and any attached structure lies at or above the
finished grade of the adjacent area;
c) "Act" means The Municipalities Act;
d) "Chief Administrative Officer" means the administrator of the Municipality
appointed pursuant to The Municipalities Act; and
e) "Council" means Town of Canora Council;
f) "Designated officer" means a person employed or designated by the
Municipality to enforce the provisions of this bylaw;
g) "Development officer" means the development officer appointed for the
Planning and Development department for Town of Canora;
h) "Enclosure" means any structure constructed of any material or any
combination of material, which is a barrier and used to enclose or screen
areas of land including any doors or gates, or windows incorporated into the
enclosure;
i) "Hot tub" means an artificially-created basin, intended to contain water for the
use of persons for lounging, swimming, wading or other similar activity, which
is 0.6 metres or more in depth but is less than 2.4 metres in width measured
across the widest portion of water contained therein;
j) "Municipality" means the Town of Canora;
k) "Occupant" includes an adult person residing at a property upon which a
private swimming pool is situated or a person entitled to the property's
possession if there is no person residing thereon;
l) "Owner" means an owner as defined in The Municipalities Act;
m) "Private swimming pool" means an artificially-created basin that is intended to
contain water for the use of persons for swimming, diving, wading or other
similar activity, which is at least 0.6 metres in depth; and includes above-
ground pools and hot tubs, but excludes water features or ponds not
associated with a swimming pool;
n) "Zoning bylaw" mean Bylaw No. 89-07 of the town, as amended and replaced
from time to time.
Permit requirement
4.
Swimming pools are an accessory use to a permitted use and shall meet the
regulations of the Zoning Bylaw. This includes the setbacks required for an
accessory use.
5.
No person shall construct, erect, alter or demolish a private swimming pool
unless they have first obtained a development permit, and if required, a building
or demolition permit from the Municipality.
6.
Every application for a permit related to a swimming pool shall be accompanied
by a plan showing the location, depth and dimensions of the proposed pool,
fences and enclosure specifications and the location of all buildings on site.
7.
If a deck is attached or is part of an above-ground pool, the above-noted
setbacks are to be taken to the outer edge of the deck.
8.
This bylaw does not apply to swimming pools that are subject to The Swimming
Pool Regulations, 1999 pursuant to The Public Health Act, 1994;
Pool enclosures
9.
No person shall use or operate a private swimming pool unless it is enclosed in
accordance with the provisions of this bylaw.
10.
Every enclosure shall be constructed to minimize the risk of unauthorized entry
into the pool area by any person crawling under, climbing over, or climbing
through the enclosure.
11.
Every owner or occupant shall have an enclosure around their swimming pool in
accordance with this Section:
a) Every owner shall ensure the enclosure is of sturdy construction and that it
meets the following requirements:
i)
it is erected prior to the swimming pool being filled with water
ii)
it has a height of 1.8 metres measured on the exterior non-pool side
from the top of the enclosure to the nearest platform, deck or grade
and not more than 0.1 metres from the ground or grade level; and
iii)
it does not have any gaps or openings that exceed 0.1 metres
measured horizontally from one side of the gap or opening to the other
side of the gap or opening.
b) Clause 11(a)(iii) does not apply where an owner or occupant uses an
enclosure made of horizontal, diagonal or vertical boards, chain link, iron or
steel rods as long as the owner meets the requirements set out in the
following Subsections (c) and (d).
c) Where an owner or occupant uses an enclosure described pursuant to
Subsection (b) other than a chain link enclosure, he or she shall ensure the
non-climbable enclosure meets all of the following requirements:
i)
On the exterior non-pool side of the enclosure, parallel horizontal
structural members shall be spaced so that the top of the highest
horizontal structural member is 1.1 metres or more from the next
lowest structural member;
ii)
On the exterior non-pool side of the enclosure, gaps or openings
between vertical structural members shall not exceed 0.1 metres; and
iii)
Where diagonal structural members are used, they must be used on
the interior or pool side of the enclosure and the gaps between the
vertical members must not exceed 2.5 centimetres.
d) Where an owner or occupant uses chain link for an enclosure or as part of an
enclosure, he or she shall ensure the mesh size doe not exceed five (5)
centimetres and the wire core is at least 11 gauge.
e) Every enclosure shall be maintained in good working order and repair and
adequate to perform its intended function.
Gates and self-closing devices
12.
Every owner or occupant shall ensure that any gate that forms part of an
enclosure meets all of the following requirements:
a) Every gate shall have a height of 1.8 metres measured on the exterior non-
pool side from the top of the gate to the nearest platform, deck or grade;
b) No gate shall have any gaps or openings which exceed 0.1 metres measured
from one side of the gap or opening to the other side of the gap or opening;
c) Every gate shall be installed to swing outward in the direction away from the
swimming pool;
d) Every gate shall be equipped with the following:
i)
a self-closing device designed to return the gate to the closed position
after each use;
ii)
a self-latching device designed to hold the gate in a closed position
after each use; and
iii)
a locking device.
e) Every self-closing device, self-latching device and locking device shall be
maintained in good working order at all times.
13.
Notwithstanding Subsection 12(b), where the gate is made of chain link, the
owner or occupant shall ensure that the gate meets requirements set out in
Subsection 11(d).
14.
Notwithstanding Subsection 12(b), where the gate is made of horizontal, diagonal
or vertical structural members, the owner or occupant shall ensure that the gate
meets the requirements set out in Subsection 11(c).
15.
All entrances to the swimming pool area, including gates, doors and windows
shall be locked when not under competent supervision.
16.
Every owner or occupant shall ensure there is a walkway that is at least 0.9
metres in width that surrounds the perimeter of the swimming pool.
17.
Where a dwelling or accessory building forms part of an enclosure, the exterior
structure of the dwelling or accessory building shall comply with the requirements
of this bylaw.
Above-ground pools and hot tubs
18.
The requirements of Section 11 of this bylaw do not apply to an above-ground
pool, provided that:
a) the stairs, ladder, deck or other means of accessing the pool are:
i)
enclosed by a permanent gated enclosure at least as high as the top
rail of the pool, and which otherwise complies with the provisions of
Section 11 of this bylaw; or
ii)
temporarily installed during use and removed or stowed away
whenever the pool is not in use, and which otherwise complies with the
provisions of Section 11 of this bylaw; and
iii)
no other pool equipment including pumps, filters and heaters, or any
other equipment or structure is located within 1.2 metres in distance
from the top rail of the pool unless located within an enclosure meeting
the same requirements as set forth in Section 11.
19.
Sections 9-18 of this bylaw do not apply to a hot tub, provided that the following
provisions are complied with:
a) the hot tub is equipped with a cover that will support the weight of person
weighing 77 kilograms or less;
b) the hot tub cover has a lockable device to prevent access to the water by
unauthorized persons; and
c) the cover is maintained in place and locked at all times when the hot tub is
not under competent supervision.
Safety devices
20.
Every owner and every occupant shall ensure the following equipment is present
at the swimming pool at all times:
a) a reaching pole that measures at least half the width of the pool in length;
b) a first aid kit; and
c) a buoy and rope that measures at least the full width of the pool in length.
21.
Every owner and every occupant shall ensure that the foregoing safety
equipment is at all times in good working condition, and that the first aid kit is
properly stocked.
Water supply and drainage
22.
The water in a private swimming pool shall be separated from any potable water
supply by an approved and functioning backflow preventer that will ensure that
the water in the pool system does not flow back into the municipal water supply
and distribution system and shall comply with any other requirements of the
bylaw(s) governing the municipal water supply utility.
23.
All private swimming pools shall have and use a discharge system that allows the
swimming pool to safely and securely drain into the municipal storm drainage
system or into a domestic sewer where storm drainage is not available.
24.
No person shall drain the water from a swimming pool onto any adjacent public
or private property, lane, walkway, watercourse or water body. Water may be
drained onto a street only for the purpose of accessing the municipal storm
drainage system.
25.
Swimming pool discharge shall be permitted between 8 p.m. and 8 a.m.
26.
The rate of discharge shall not exceed 90 litres per minute.
Inspections
27.
The inspection of property by a designated officer to determine whether this
bylaw is being complied with is hereby authorized.
28.
No person shall obstruct the designated officer who is authorized to conduct an
inspection or a person who is assisting the designated officer.
Enforcement
29.
Where a designated officer determines that there has been a contravention of
this bylaw, they may, by written order, require the owner or occupant of the
property to which the contravention relates to remedy the contravention.
30.
The Municipality may take whatever actions or measures necessary to remedy a
contravention of this bylaw. All costs associated with the remedy will be added to
the taxes for the property to which the contravention applied.
Offences and penalties
31.
Every person who contravenes a provision of this bylaw is guilty of an offence
and liable on summary conviction to the penalties provided in the General
Penalty Bylaw of the Municipality.
Coming into force
32.
This bylaw shall come into force and take effect immediately and shall apply to all
private swimming pools within the Municipality including those constructed prior
to the adoption of this bylaw.
__________________________
Mayor
__________________________
Chief Administrative Officer
Introduced and read a first time the 18th day of June 2024.
Read a second and third time and adopted this 18th day of June 2024.