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THE PRIVATE SWIMMING POOLS BYLAW
Town of LeRoy
BYLAW NO. 3/08
The Council of the Town of LeRoy enacts:
Short Title
1. This Bylaw may be cited as The Private Swimming Pools Bylaw.
Purpose
2. The purpose of this Bylaw is:
a) to control and regulate the construction, erection, maintenance, repair and demolition
of private swimming pools; and
b) to specify, regulate and enforce the use of safety measures in connection with private
swimming pools.
Definitions
3. In this Bylaw,
a) "Town" means the Town of LeRoy;
b) "horizontal structural member" means a main part of a fence to which other parts are
attached and which runs parallel to grade;
c) "occupant" includes a 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 there and a leaseholder;
d) "owner" means a person who has any right, title, estate or interest in a property upon
which a private swimming pool is situated; and
e) "private swimming pool" means an artificially created basin, lined with concrete,
fiberglass, vinyl or similar material, intended to contain water for the use of persons for
swimming, diving, wading or other similar activity, which is at least 600 millimeters in
depth, and includes pools situated on top of the ground and hot tubs.
Application
4. This Bylaw applies to all private swimming pools constructed after the final passage of
this Bylaw.
Permit
5.
(1)
A person must obtain a building permit from the Town prior to the construction,
erection or demolition of a private swimming pool.
(2)
In order to obtain a building permit, a person must file with the Town a site plan
and pool specifications.
Enclosure
6.
(1)
Every private swimming pool must be enclosed in accordance with this Section.
(2)
The enclosure must be built prior to the swimming pool being filled with water.
(3)
The enclosure must be properly maintained to comply with this Bylaw at all
times.
(4)
The enclosure must meet the following minimum standards:
a) the enclosure must have a minimum height of 1.5 meters measured on the
exterior, or non-pool, side from the top of the enclosure to the nearest
platform, deck or grade;
b) the enclosure must not contain any gaps or openings which exceed 20
millimeters measured horizontally from one side of the gap or opening to
the other; and
c) notwithstanding subsection 6(4)b) of this Bylaw, if a fence forms part of
an enclosure, the following will apply:
(i)
parallel horizontal structural members, the tops of which are at
least 1100 millimeters apart, as illustrated in the following
diagram, may be located on the outside or non-pool side of the
fence;
(ii) parallel horizontal structural members, the tops of which are less
than 1100 millimeters apart, must be on the inside or pool side of the fence;
(iii) gaps of up to 100 millimeters are permitted between vertical fence
boards or other vertical structural members if parallel horizontal structural
members are spaced at least 1100 millimeters apart;
(iv) where diagonal structural members are used, they must be on the
inside or pool side of the fence and gaps between the vertical members must not
exceed 20 millimeters; and
(v) if the fence is chain link, the mesh size must not exceed 50 millimeters and the
wire core must not be less than 11 gauge.
Gates And Self-Closing Devices
7.
(1)
A gate which forms part of an enclosure must comply with the following:
(a) a gate must comply with the requirements for fences in Section 6(4) of this
Bylaw;
(b) all gates must be installed to swing outward in the direction away from the
swimming pool;
(c) all gates must be equipped with a self-closing device designed to return
the gate to the closed position after each use, a self-latching device designed to
hold the gate in the closed position after each use, and a locking device;
(d) the self-closing device, the self-latching device and the locking device must
be maintained in working order at all times; and
(e) all gates must be anchored to fixed posts or secure structures on both the
hinge and latch sides.
Securing Of Swimming Pool
8.
When a swimming pool is not attended by the owner or occupant, gates, doors and other
entrances to the swimming pool area must be locked.
Hot Tubs
9.
In the case of a private swimming pool which is a hot tub the requirements of Section 5,
6, 7, and 8 of this Bylaw do not apply if all of the following provisions are complied with:
(a) the hot tub does not exceed 2.4 meters across the widest portion of the
water surface;
(b) the hot tub has a cover with the strength to support the weight of an adult
walking across the top;
(c) the hot tub has a lockable device to prevent access to the water by
unauthorized persons; and
(d) the cover is maintained in place and locked at all times when the hot tub is
unsupervised.
Walkway
10.
(1) Within the enclosure, a swimming pool must have a properly maintained access
walkway around the swimming pool with a minimum width of 750 millimeters.
The walkway must be within 1200 millimeters of the top of the swimming pool.
Safety Devices
11.
The owner or occupant must have the following equipment present at the swimming pool
at all times:
(a) a reaching pole of sufficient length to reach mid-pool;
(b) a first aid kit; and
(c) a buoy and rope of sufficient length to reach across the swimming pool.
Drainage System
12.
(1) A swimming pool must have a discharge system which allows the swimming pool
to drain into the sanitary sewer of the property upon which the swimming pool is
located and which complies with all relevant legislation governing plumbing and
drainage. The rate of discharge must not exceed 90 liters a minute.
(2) No person shall drain the water of a swimming pool into any adjacent public or
private property or any street, lane or walkway.
Offences And Penalties
13.
(1) Every person who contravenes a provision of this Bylaw is guilty of an offence
and liable on summary conviction to a minimum fine of $100.00 and a maximum
fine of $1,000.00.
(2) A conviction for a contravention of any provision of this Bylaw does not relieve
the person convicted from complying with this Bylaw, and the convicting judge
or justice may, in addition to the fine imposed, order the person to do any act or
work, within a specified time, to comply with the Bylaw.
Coming Into Force
14.
This Bylaw comes into force on the day of its final passing.
Mayor___________________________________
(S E A L)
Administrator _____________________________