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CITY OF MELVILLE
BYLAW NO. 14/2016
A BYLAW OF THE CITY OF MELVILLE, SASKATCHEWAN TO PRESCRIBE THE
DESCRIPTION AND SPECIFICATIONS OF LAWFUL RESIDENTIAL POOL
ENCLOSURE BARRIERS
The Council of the City of Melville, in open meeting assembled, enacts as follows:
1. Title
This Bylaw may be cited as "The Residential Pool Enclosure Bylaw".
2. Purpose
2.1 The purpose of this Bylaw is to regulate;
a) The construction, erection, maintenance, repair and demolition of residential
swimming pools; and
b) The safety measures used in relation to residential swimming pool
3. Authority
The authority for this bylaw is clause 8(1)(b), subsections 8(2) and (3) and sections 324,
325, 328, 329 and 330 of The Cities Act.
4. Definitions
As used in this bylaw, the following terms shall have the meaning indicated:
4.1 Barrier - means a fence, wall or building or any combination thereof.
4.2 Building Inspector - means the Building Inspector for the City of Melville and any
other such persons as designated by the City Manager.
4.3 Child-Resistant Window - means a window equipped with a window guard that limits
the opening to less than 100 mm.
4.4 City - means the municipal corporation of the City of Melville or where the context
requires the geographical area with the city limits.
4.5 Effective Grade Level - means, the highest level of ground at a fence location within
a horizontal distance of 0.5 m either side of its respective location.
4.6 Enclosure - means a fence, wall, cover or other structure, including any permitted
door, gate or other opening, which surrounds and restricts access to an outdoor
swimming pool.
4.7 Entrance - means a door, doorway, window, gate or any other structure or opening
providing for a means of entry or exit or both.
4.8 Exterior - means the outside surface of a fence, swimming pool enclosure, deck or
ramp which does not face toward a swimming pool or swimming pool area, or towards
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the contained portion of the property that it is intended to delineate.
4.9 Fence - mean a free-standing barrier, guard, railing or any structure that encloses
property or an area of property, except a structural part of a building or wall.
4.10 Gate - means any part of a swimming pool fence which opens on hinges and includes
a door located in the wall of an attached or detached garage or carport which forms
part of the swimming pool fence.
4.11 Hot Tub - means a hot tub, whirlpool, hydro massage pool or spa.
4.12 Inflatable Pool - means a pool, as defined in this bylaw, consisting of an air
supported structure which is capable of containing water with a depth not exceeding
0.61 metres at any point.
4.13 Non-climbable - means a minimum of a 1.52 m vertical face presented to the exterior
of a swimming pool enclosure. For an enclosure of chain link construction, means a
mesh which is no greater that 38 mm square for a minimum of 1.52 m vertically. For
all other enclosures, means that there are no horizontal openings greater that 38 mm
for 1.52 m vertically. For an enclosure of vertical panel wood construction, means top
and bottom rails at least 1.2 m apart for any fence having a height of 1.53 m or less,
horizontal rails a minimum of 0.60 m apart for any fence having a height greater that
1.53 m.
4.14 Owner - includes the registered owner of a property and any lessee, tenant,
mortgagee in possession, or person occupying or in charge of a property.
4.15 Person - means an individual, firm, corporation, partnership, association or
organization.
4.16 Pool - means a structure, basin, chamber or tank containing or capable of containing
water, and is designed to be used for swimming, wadding or bathing, and:
a) Has a depth at any point equal to or exceeding 0.62 m; and
b) Has an open exposed surface area equal to or exceeding 1 m2; and
c) Includes, without limitation, in-ground swimming pools, above-ground pools,
wading pools, and landscape pools; and
d) Is not under the jurisdiction of the Building Code; and
e) Is not completely inside a building; and
f) Is not owned by government or a local board or commission constituted under any
statute or bylaw; and
g) Is not a pond or reservoir to be utilized for farming purposes; and
h) Excludes spas; and
i) Excludes storm water management ponds.
4.17 Self-closing device - means a mechanical device or spring which returns a
swimming pool fence gate to its closed position with 30 seconds after it has been
opened.
4.18 Self-latching device - means a mechanical device or latch which is engaged each
time the swimming pool fence gate is secured to its closed position; which will not
allow the swimming pool fence gate to be re-opened by pushing or pulling, and which
will ensure the swimming pool fence gate remains closed until unlatched by either
lifting or turning the device itself directly or by a key.
4.19 Spa - shall include those pools commonly referred to as a hot tub, a whirlpool, a
Jacuzzi or a hydro massage pool.
4.20 Temporary Pool - means an inflatable pool or other pool which is designed to be
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installed temporarily and removed periodically on a seasonal or more frequent basis.
4.21 Wall - means a solid, free-standing barrier that encloses property or an area of
property.
5. Prohibitions
5.1 No person shall construct or install a pool, cause a pool to be constructed or installed,
or commence with construction or installation of a pool, without first obtaining a permit
from the City. The Building Inspector may optionally request a site inspection prior,
during or upon completion of the construction of any new pool and pool enclosure.
5.2 No person shall construct or install a pool, or cause a pool to be constructed, or
installed, which is not completely enclosed by a pool enclosure in accordance with this
bylaw.
5.3 No person shall use any pool enclosure unless it is constructed, installed and
maintained in accordance with this bylaw and any applicable provincial Building Code
requirements.
5.4 No person shall place water in a pool or cause or permit water to remain in the pool if
the required pool enclosure is not completely constructed with the requirements in this
bylaw.
5.5 Despite subsection 5.4, where a person is constructing or causing to be constructed a
pool for which a pool enclosure permit has been issued, a person may place water in a
pool or cause or permit water to remain in the pool if there is temporary fencing in
place in compliance with section 10 of this bylaw, but only where such temporary
fencing is in place for no longer that 120 days after the issuance of the pool enclosure
permit.
5.6 Despite subsection 5.4, where a pool is in existence on the date of the passing of this
bylaw, a person may place water in a pool or cause or permit water to remain in the
pool if there is temporary fencing in place in compliance with section 11 of this bylaw,
but only where such temporary fencing is in place for no longer than 30 days, or such
longer period of time if approved in writing by the Building Inspector.
5.7 No person shall remove any part of a pool enclosure if the pool is filled with water.
5.8 No person shall construct or maintain a double gate access to a pool unless both of
the two gates have a self-closing device and a self-latching device.
5.9 No owner shall fail to ensure that:
a) All gates forming part of the pool enclosure meet the standards of this bylaw;
b) All entranceways to a pool enclosure through a wall of a main building meet the
standards of this bylaw;
c) All entranceways forming a part of a pool enclosure are locked when the area is
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not actively in use; and
d) A hot tub is fitted with a lockable lid or guard as specified in Section 14.1(b).
5.10 No person shall place, pile, attach or lean any object or material against or near a pool
enclosure so as to facilitate climbing of the pool enclosure, diminish the structural
integrity of a pool enclosure or render the pool enclosure to be in non-conformity with
the provisions of this bylaw.
5.11 No person shall fail to comply with the terms set out in this bylaw.
6. Pool Enclosure General Requirements
6.1 Every owner of a pool shall maintain in good repair a sturdy, non-climbable enclosure
around the entire pool area having:
a) A minimum vertical height of 1.52 m above the effective grade level where the
pool enclosure barrier includes fence or wall sections;
b) Except in the case of a building wall, no opening greater than 100 mm wide at its
least dimension and no opening greater that 50 mm between the bottom of the
enclosure barrier and the effective grade at the base of the barrier;
c) Except in the case of a building wall, no access through the barrier except by
way of one or more self-closing, self-latching gates and the latch and lock located
on the swimming pool side of the gate at a height of not less than 1.0 m above
the effective grade level at the base of the gate.
6.2 Pool enclosure barriers may not consist of hedges, shrubs, bushes, trees and other
plants.
6.3 Any property that is fully enclosed by means of a fence may not require an additional
pool enclosure. The fence enclosing the property must meet the minimum standards
as set out in this bylaw and be approved by the Building Inspector.
7. Standards for Fences as Pool Enclosures (refer to Appendix A for examples of
permanent fencing barriers
7.1 No person shall erect a fence as a pool enclosure barrier or part thereof unless such
fence shall consist of:
a) A chain link construction, with;
(i)
A mesh not greater that 38 mm consisting of 12 gauge galvanized steel wire,
or of 11 gauge steel wire covered with vinyl or other product which has been
approved by the Building Inspector which should yield a total thickness
equivalent to 12 gauge wire;
(ii)
No horizontal rails, bracing or exposed attachments or members on the
exterior side of the pool enclosure for a height of 1.52 m above grade and
with a minimum vertical distance of 0.86 m between the lower two horizontal
members;
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(iii)
The top and bottom rails firmly fastened to the upright posts, which rails shall
consist of at least 32 mm galvanized steel pipe except where a continuous
galvanized steel tension rod of at least 5 mm thickness is substituted for the
bottom rail; and
(iv) If constructed of alternate products or methods, the same shall have been
pre-approved by the Building Inspector.
b) Vertical panel wood construction with:
(i)
Vertical members of at least 25 mm nominal thickness attached to a top and
bottom rail in such a manner as to not facilitate or permit climbing from the
exterior and which vertical members shall be spaced not more than 100 mm
apart;
(ii)
Supported by posts at least 100 mm x 100 mm nominal dimensions, spaced
not more than 2.4 m apart, which posts shall extend at least 0.6 m into the
ground for any fence having a height of 1.53 m or less and shall extend at
least 0.9 m into the ground for any fence having a height greater than 1.53 m,
and which posts shall be securely embedded into the soil and any portion
thereof below grade consisting of wood shall be treated with an approved
wood preservative or be of pressure treated wood; or posts are attached to
steel brackets that have been sunk into a concrete footing;
(iii)
Top and bottom rails of at least 38 mm x 100 mm nominal dimensions;
(iv) Top and bottom rails at least 1.2 m apart for any fence having a height of
1.53 m or less, and horizontal rails a minimum of 0.60 m apart for any fence
having a height greater that 1.53 m;
(v)
If constructed of alternate products or methods, the same shall have been
pre-approved by the Building Inspector
c) Metal picket construction with:
(i)
Vertical members spaced not more than 100 mm apart which are attached to
a supporting structure not containing any diagonal members or framework in
such a manner that would not facilitate or permit climbing from the exterior;
(ii)
Supporting posts firmly embedded into the ground spaced not more that 2.4
m apart which posts shall extend at least 0.4 m into concrete footings for any
such fence having a height of 1.53 m or less and shall extend at least 0.5 m
into concrete footings for any such fence having a height greater than 1.53 m
and;
(iii)
Has minimum 55 mm diameter top and bottom rails permanently connected
to the vertical members, such rails to maintain minimum 1.2 vertical
separation at all locations, and
(iv) If constructed of alternate products or methods, the same shall have been
pre-approved by the Building Inspector
d) Interlocking polyester mesh construction with:
(i)
Fence poles permanently secured and spaced a minimum of 1.0 m centre to
the decking surface;
(ii)
Each pole on the fence and on the gate has a locking sleeve anchored to the
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deck with an approved adhesive. Each locking sleeve shall have a minimum
of two stainless steel screws anchored to the aluminum or stainless steel
poles;
(iii)
Each sleeve embedded into the decking surface to a minimum depth of 88
mm, into a hole of minimum diameter of 15 mm, and permanently affixed with
an approved adhesive;
(iv) A self-latching and lockable gate;
(v)
Fencing and gate having no top crossbars;
(vi) Each fencing system having been approved by an independent testing
laboratory
(vii) If constructed of alternate products or methods, the same shall have been
pre-approved by the Building Inspector
e) Safety glass of the laminated or tempered type or wired glass construction with;
(i)
Glass panels positioned so there is no opening of more than 38 mm between
the panel and the post where horizontal.
f) Such other material and construction that will provide an equivalent degree of
safety as shall have been pre-approved by the Building Inspector; or
g) A combination of a), b), c), d), e) and f).
7.2 No person shall use any fence that forms part of a pool enclosure which:
a) Contains barbed or razor wire, electrified wiring, sharp projections or any other
unsafe or dangerous characteristics on either the exterior or interior; or
b) is located less than 1.2 m from the nearest inside wetted surface of the pool wall.
8. Standards for Walls as Pool Enclosures
8.1 Except outbuildings to service the pool such as a changing room or storage shed for
pool maintenance equipment, no person shall use the wall of a building as part of the
required pool enclosure barrier unless:
a) The main entrance to the building is not located within the pool area and unless the
service entrance if located therein is lockable.
8.2 No person shall erect a dividing wall or retaining wall as a pool enclosure barrier or
part thereof unless such wall:
a) Is constructed of concrete block/pavers, poured concrete, dry stone/boulder, stone
veneer, brick, wood/timber, gabion or a combination thereof;
b) Is non-climbable.
9. Standards for Certified Safety Covers as Pool Enclosures
9.1 No person shall install a safety cover as a pool enclosure or part thereof unless:
a) Such cover meet or exceeds Association for Testing and Materials (ASTM) F1346-
91 (2010) Standard Performance Specifications for Safety Covers and Labeling
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Requirements for all covers for swimming pools, spas and hot tubs, and
b) such cover is kept locked at all times except when the pool is in use and being
supervised by a responsible adult.
c) the main entrance to the building is not located within the pool area and unless the
service entrance if located therein, has a self-closing door equipped with a self-
latching device located not less than 1.5 m above the bottom of the door; and
d) Only child resistant windows provide access to the enclosed pool area.
10. Standards for Pool Enclosure Entrances
10.1 No person shall erect an entrance which forms part of a pool enclosure unless such
entrance:
a) Is of construction type and height at least equivalent to that of the required pool
enclosure;
b) Is supported on hinges of sufficient quantity and strength to safely and adequately
support the entrance at all times;
c) Is self-closing and equipped with a self-latching device placed at the top or on the
interior of the entrance; and
d) Is equipped with an operable locking device; and
e) Is non-climbable;
10.2 No person shall construct or use any entrance to a pool area which forms part of the
pool enclosure barrier unless such entrance is kept locked at all times except when
the pool is in use and being supervised by a responsible adult.
10.3 No person shall construct, or use an entrance to a pool through a door from a
detached or attached garage unless the door complies with sections 10.1 and 10.2 of
this bylaw.
11. Temporary Fence during Construction (Refer to Appendix B for example of temporary
fencing barrier)
11.1 The Owner shall ensure that temporary fencing meeting the requirements of this
section is in place during all phases of construction of the pool such that
unauthorized access to the site is prevented.
11.2 During construction of a pool a temporary enclosure is required to consist of a
minimum 1.2 m high mesh fence having a mesh not greater that 38 mm, with a steel
T-bar support post every 3.0 m maximum and a 9 gauge galvanized steel wire
located at the top and bottom of such fence. The clearance between the underside
of the temporary fence and the effective grade level shall not exceed 50 mm.
Temporary fencing approved for use at industrial construction sites also may be used
for this purpose. The temporary enclosure may be constructed of other material that
will provide an equivalent degree of safety and provided that the alternative has been
approved by the Building Inspector.
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11.3 Notwithstanding section 6.1 (a) of this bylaw, if a pool is damaged and requires
replacement or repair, water may remain in the pool enclosed by a temporary pool
enclosure with the permission in writing of the Building Inspector pending the
replacement or repair of the pool enclosure, subject to any time limits which may be
imposed by the Building Inspector.
12. Above Ground Pools
12.1 For the purposes of this bylaw, above ground pools are deemed to be the same as
in-ground pools, and require the same pool enclosure around the entire pool area
except as provided in subsection 12.2.
12.2 No person shall construct, or use an above ground pool unless all access points are
maintained in accordance with section 10 of this bylaw. Above ground pools with
vertical sides which extend at least 1.5 m above the effective grade level and are
constructed in such a manner that would not facilitate or permit climbing from the
exterior need not have a pool enclosure around the perimeter, provided access
points are maintained in accordance with this bylaw. Access ladders connected to
above ground pools must be retractable and self-latching.
12.3 No person shall construct or use a deck or ramp or part thereof serving a pool area
with a height greater that 0.6 m above the effective grade level unless a continuous
safety rail is constructed and maintained around the exterior perimeter of the deck or
ramp in conformance with applicable provincial building code.
13. Temporary Pools
If a permit has been obtained with respect to the pool enclosure for a temporary pool, the
temporary pool may be reinstalled and refilled with water without additional permits or
inspections provided there have been no alteration to the pool enclosure.
14. Hot Tubs
14.1 No permit or pool enclosure is required for a hot tub which is:
a) Equipped with a substantial cover in accordance with Section 5.9 (d) of this
bylaw; or
b) Equipped with a guard not less than 1.0 m in height, measuring from the surface
of the platform or deck.
15. Application
Every owner shall ensure any pool existing as at the date this bylaw is passed complies with
this bylaw on or before June 1, 2017.
16. Bylaw Inspection and Enforcement Provisions
16.1
The Building Inspector may issue Orders under this bylaw, directed to an owner or to
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any person or persons whom he/she believes to have care and control of property on
which a pool or pool enclosure is located:
a) if, in the opinion of such issuer, a pool enclosure is not constructed, used and
maintained in good working order in accordance with any of the provisions of this
bylaw, or;
b) If the construction of a pool enclosure is, in the opinion of such issuer,
substantially suspended or discontinued or incomplete, or:
c) If, in the opinion of such issuer, a pool enclosure permits, presents, or causes an
unsafe condition or hazard to exist.
16.2 Such orders issued under this section shall specify the nature of the contravention,
the section of the bylaw contravened and the time allotted for the contravention to be
abated.
16.3 Upon receipt of an order, the issue(s) shall ensure no water shall be placed in the
pool or allowed to remain therein until the Building Inspector certifies that the
contravention has been abated and the pool enclosure prescribed by this bylaw is in
place and in good repair.
16.4
No person shall hinder or obstruct, or attempt to hinder or obstruct any building
inspector in the exercise of a power or the performance of a duty under this bylaw.
16.5
The Building Inspector may enter onto property at any time if the inspector is of the
opinion that his or her presence is necessary to address immediate health and safety
conditions which appear to present imminent danger or hazard to persons.
16.6
A service of the order shall be executed:
a) The order shall be served on the owner of the property and such persons
affected by it as the inspector determines and a copy of the order may be posted
on the property.
b) An order required by this bylaw is to be served personally or by registered mail to
the owner of the property.
17. Offences
17.1 Every person who violates any of the provisions of the bylaw or who causes suffers or
permits any act or thing to be done in contravention or violations of this bylaw, or who
neglects or refrains from doing anything required to be done by any of the provisions
of the bylaw shall be guilty of an offence.
17.2 Any person convicted of a breach of any of the provisions of this Bylaw shall forfeit
and pay, at the discretion of the convicting Judge of the Provincial Court, a penalty of
not less than Fifty Dollars ($50.00), nor more than Two Thousand Dollars ($2,000.00)
in the case of an individual and Five Thousand Dollars ($5,000.00) in the case of a
corporation exclusive of costs;
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18. This Bylaw shall come into force on the date of final approval by City Council.
INTRODUCED and READ A FIRST TIME this XX Day of May, 2016.
READ A SECOND time this XX Day of May, 2016.
READ A THIRD TIME AND PASSED by consent of members present this XX Day of May,
2016.
__________________________
Mayor
City Manager