Report to: General Committee                                                           Report Date: 2007-09-20

 

 

SUBJECT:                          Swimming Pool Enclosures By-Law Exemption

PREPARED BY:               Sheila Birrell, Town, Extension 4729

 

 

 

RECOMMENDATION:

That the request from the Owner of 10450 Kennedy Road for a variance to the Swimming Pool Enclosure By-Law to permit the swimming pool currently located on the property to remain unfenced be denied.

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

1. Purpose              2. Background              3. Discussion                4. Financial    

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)        6. Attachment(s)

 

PURPOSE:

To bring forward a request for a variance from the Swimming Pool Enclosure By-Law for decision.

 

 

BACKGROUND:

The property in question is 10450 Kennedy Road.  It is located in a rural area confined by the fenced property of the Angus Glen Golf Club.  By-Law Enforcement inspected the subject property on August 30th and determined it was in contravention of the Swimming Pool Enclosures By-Law.

 

The property owner submitted a pool permit application on July 24, 2003.  The description of the work included on the front page of the application was “Enclosed inground pool” and the plans accompanying the application illustrate a wood fence enclosing the pool area to comply with Section 2 of the Swimming Pool Enclosure By-Law.  Approval of the plans was based on the proviso the pool would be enclosed by appropriate fencing.  The pool was completed but the fencing was not constructed, thereby making it possible to enter the pool either from the golf course property or the private residence grounds.

 

 

OPTIONS/ DISCUSSION:

This property is a part of the Angus Glen Golf Course.  The course itself is fenced along the exterior of the property but access is available to the golf course property for members, guests, clients, staff, and many others.  In addition to family members, visitors to the home have access to the pool area.  The absence of an interior pool enclosure on the subject property presents a safety hazard. 


OPTIONS/DISCUSSION:  (cont’d.)

Based on safety reasons, staff are recommending the request for variance be denied and the by-law be upheld.  Failure on the part of the Town to ensure that the conditions of approval for the pool would place the Town in a position of potential liability. 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

 

 

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

 

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

 

ENGAGE 21ST CONSIDERATIONS:

Not applicable

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable

 

 

RECOMMENDED BY:  

 

 

 

 

________________________                                                ________________________

Sheila Birrell                                                                             Andy Taylor

Town Clerk                                                                              Commissioner of

                                                                                                            Corporate Services

 

 

 

 

ATTACHMENTS:

Swimming Pool Enclosure By-Law Excerpt

 

 

Schedule “A”

 

 

 

 

Swimming Pool Enclosure By-Law

Excerpt

 

2.         Enclosures

 

(a)        The owner of a privately‑owned swimming pool shall erect and maintain an enclosure surrounding the entire swimming pool area in accordance with the provisions of the by‑law to make such body of water not readily accessible to small children.

 

(b)        No person shall place water in a privately-owned outdoor swimming pool or allow water to remain therein, unless the enclosure prescribed by this by‑law has been erected, unless the addition of water in the pool forms part of the construction technique, in which case a temporary enclosure shall be erected prior to the addition of any water and maintained until the permanent enclosure is erected and approved.

 

(c)        No part of an enclosure surrounding a privately‑owned outdoor swimming pool shall consist of barbed wire or possess similar dangerous characteristics or any device designed for conducting an electric current through such enclosure.

 

(d)        When a wall of any building located on the same property as the swimming pool enclosure forms part of such enclosure, no entrances shall be permitted through such wall unless:

 

(i)         the entrance permits passage from the pool enclosure to the residential area of the building (which does not include a garage or tool shed)

 

(ii)        the door(s) at such entranceway is equipped with a bolt latch or a chain latch at a minimum height of 5'6" above the inside floor level.

 

(iii)       the care, control and maintenance of the entranceway, the door(s) as described in (i) and (ii) and the safety latch as described in (ii) of this section is and always shall be the responsibility of the owner, lessee or sublessee when they are in possession of the premises.

(Amended by By-law No. 106-77)

 

            (e)        all exterior fuel intakes shall be located outside the swimming pool enclosure with no direct access to these intakes from the swimming pool enclosure area.

(Amended by By-law 106-77)

 

            (f)         Except as provided in Clause 3(d)(i), such enclosure including gates therein shall extend from the ground to a height, measured on the outside of the enclosure, of not less than four (4) feet and such enclosure shall not, regardless of height, be located closer than four feet to any condition that contributes to the lessening of these minimum safety requirements by facilitating the climbing of the swimming pool enclosure.

 

(g)       Except as provided in Clause 3(d)(iii), a fence or its equivalent forming part of an enclosure shall be erected four (4) feet or more from the edge of the water contained in the pool.

 

(i)        Notwithstanding Section 2(g) of this By-law, the pool enclosure located along the northwest property line on Lot 23 of Registered Plan M-1345 (municipally known as 8 Hester Court) may be erected less than four (4) feet from the edge of water contained in the pool subject to the condition that the Owner enter into an agreement with the Town, to the satisfaction of the Town Solicitor, to satisfy the Town’s requirements including but not limited to the following:

 

a.         That a barrier is maintained restricting access to the area of the pool deck which is less than four (4) feet from the edge of the pool to the satisfaction of the Town;

b.         That the enclosure is maintained at a minimum height of six (6) feet and is maintained to the satisfaction of the Town;

c.         That the enclosure comply with all other provisions of the By-law;

d.         That a permit is obtained in accordance with Section 7 of the By-law; and

e.         That the Owner indemnify the Town against any damage or injury associated with the pool.

(Amended by By-law No. 2004-311)

 

 

(h)        Except as provided in Clause 3(d)(ii) such enclosure shall have no rails or other horizontal or diagonal bracing or attachments on the