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CITY OF MELFORT
BYLAW NO. 2011-13
A BYLAW OF THE CITY OF MELFORT TO ESTABLISH REGULATIONS
AND ENFORCE SAFETY MEASURES FOR PRIVATE SWIMMING POOLS
The Council of the City of Melfort enacts as follows:
Short Title
1.
This Bylaw may be cited as The Private Swimming Pool Bylaw.
Purpose
2.
The purpose of this Bylaw is:
a) To control and regulate the construction, erection, maintenance, repair and/or the
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) "City" means the City of Melfort;
b) "designated person" means any person designated by the City of Melfort
to enforce Bylaws within the City;
c) "horizontal structural member" means a main part of a fence to which
other parts are attached and which runs parallel to grade;
d) "occupant" includes a person residing at a property upon which a private
swimming pool is situated;
e) "owner" means a person who has any right, title, estate or interest in a property
upon which a private swimming pool is situate; and
f) "private swimming pool" means any structure, basin, chamber or tank 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 at any point, and includes pools situated on top of
the ground or in the ground and includes hot tubs.
Administration of Bylaw
4.
The provisions of this Bylaw shall be administered and enforced by the City of
Melfort or any person designated to enforce Bylaws within the City of Melfort.
Bylaw 2011-13 The Private Swimming Pool Bylaw
Page 2
Authority to Inspect Private Swimming Pools
5.
Any designated person may, upon complaint of a person interested or without
complaint or when a designated person deems it necessary, inspect the swimming
pool and property within his jurisdiction, and for that purpose may at all reasonable
hours enter onto the property to ensure compliance with the swimming pool
regulations.
Application
6.
Except as otherwise provided, this Bylaw applies to all private swimming pools,
including those in existence prior to the passage of this bylaw.
Permit
7.
(1) No person shall construct, install or place or allow to be placed or constructed, a
private swimming pool on any property within the limits of the City of Melfort,
without having first obtained a written permit to do so from the City of Melfort, in
the Form 1 shown in Schedule "A" to this Bylaw.
(2) In order to obtain a swimming pool permit a person must file an application in the
prescribed form to the City which shall include a site plan as to the location of the
suggested pool and pay the appropriate fee as outlined by the City.
Enclosure
8.
(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 shall present an exterior surface such as to make it non-
climbable; and
(c) if the fence is chain link, the mesh size must not exceed 38.1 millimeters (1½
inches) and the wire core must not be less than 11 gauge.
Gates and Self Closing Devices
9.
(1) A gate which forms part of an enclosure must comply with the following:
Bylaw 2011-13 The Private Swimming Pool Bylaw
Page 3
(a) a gate must comply with the requirements for fences in Section 8 (4) a - c of
this Bylaw;
(b) 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;
(c) the self closing device, the self latching device and the locking device must be
maintained in working order at all times; and
(d) all gates must be anchored to fixed posts or secure structures on both the hinge
and latch sides.
Securing of Swimming Pool
10.
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
11.
In the case of a private swimming pool which is a hot tub, the requirements of
Sections 8, 9, 10 and 12 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.
Safety Devices
12.
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; (a reaching pole or
Shepherd's crook);
(b)
a first aid kit;
(c)
a ring buoy not more than 15 inches in diameter and attached to a rope of
sufficient length to reach across the swimming pool; and
Bylaw 2011-13 The Private Swimming Pool Bylaw
Page 4
(d)
that steps or ladders shall be provided at the shallow end of the pool if the
vertical distance from the bottom of the pool to the deck or walk is over two
feet. Steps leading from a pool shall be of a non slip design. There shall be no
abrupt drop-off or submerged projections into the pool, unless guarded by
handrails.
Filtration System
13.
That all pools shall be equipped with water filters, pumping equipment or purification
systems as may be required by the Public Health Authority's Health Inspector for the
City of Melfort.
Electrical
14.
All electrical equipment attached to or within the vicinity of the pool shall follow the
regulations under Section 68 of the Current Canadian Electrical Code.
Drainage System
15.
(1) That the Drainage of all water from any swimming pool shall be pumped out at a
controlled rate into the storm sewer system where available or into the sanitary
sewer where a storm sewer system is not available.
(2) That under no circumstances shall water be drained or discharged from a
swimming pool onto or across private or public property unless within a system of
pipes or hoses.
Annual Permit
16.
(1) That an owner of a private swimming pool shall not permit or allow his or her
private swimming pool to be operated of used for swimming before first obtaining
an annual permit from the City of Melfort Building Department.
(2) That in any case an application for such a use permit for a pool intended to be
operated during any calendar year shall be applied for before June 1st in any year.
(3) That a fee of Ten ($10.00) dollars shall be paid to the City of Melfort upon
application for the said use permit.
Offences and Penalties
17. (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 as laid out in the General
Penalty & Enforcement Bylaw.
(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 specific time, to comply with the Bylaw.
Bylaw 2011-13 The Private Swimming Pool Bylaw
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18.
That Bylaw 1980-06 is hereby repealed.
19.
This Bylaw shall come into force and take effect upon its final reading.
INTRODUCED AND READ a first time this 16th day of May, 2011.
READ A SECOND TIME this 16th day of May, 2011.
READ A THIRD TIME and passed this 16th day of May, 2011.
Mayor
City Clerk
SEAL
CERTIFIED a true copy of Bylaw No. 2011-13
adopted by Resolution of Council on the 16th
day of May, 2011.
____________________________________
City Clerk
Bylaw 2011-13 The Private Swimming Pool Bylaw
Page 6
Schedule "A"
To Bylaw 2011-13
PERMIT TO REGULATE THE CONSTRUCTION, INSTALLATION
AND USE OF A PRIVATE SWIMMING POOL
Permit No._______________
______________________,
Permit is hereby issued to ________________________________
Residing at ____________________________________________
Postal address __________________________________________
New
Renewal
Be allowed to build, install and/ or operate a swimming pool
according to the requirements of the Private Swimming Pool Bylaw.
It is the express condition of this permit that the applicant whose
signature appears hereunder shall be responsible for any injury or
damage to persons or property arising from the use of this permit.
___________________________
Signature of Applicant
____________________________
Signature of Municipal Official
Fee: $10.00
Receipt No.__________
This Permit Expires December 31, _________
Bylaw 2011-13 The Private Swimming Pool Bylaw
Page 7
PRIVATE SWIMMING POOLS
Yes
No
1. Fence meets height requirements around pools - min 5 feet.
2. Fence has lockable gates conforming to the Bylaw.
3. Gates equipped with self closing and latching device.
4. Exterior surface of the fence is non climbable.
5. A reaching pole is supplied.
6. A first aid kit is supplied.
7. A ring buoy and rope of sufficient length to reach
across the swimming pool.
8. Are steps or ladders required?
9. Is filtration system installed or appropriate chemical testing
equipment provided as per public health requirements?
10. Electrical equipment attached to the pool should be ground
fault protected.