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TOWN OF BRIDGETOWN SWIMMING POOL FENCING BY-LAW Be it enacted by the Town Council for the Town of Bridgetown as follows: TABLE OF CONTENTS SHORT TITLE .......................................................................................... Page 2 PART I – DEFINITIONS ........................................................................... Page 2 PART II – PERMIT REQUIRED ............................................................... Page 2 PART III – PERMIT REQUIREMENTS .................................................... Page 2 PART IV – FENCING REQUIREMENTS ................................................. Page 3 PART V – CONSTRUCTION FENCING REQUIREMENTS .................... Page 4 PART VI – CONTRAVENTION ............................................................. Page 4 PART VII – EFFECT AND RETROACTIVITY .......................................... Page 4 TOWN OF BRIDGETOWN SHORT TITLEThis By-law is the Swimming Pool Fencing By-law. PART I DEFINITIONS (a) “Building Official” means the Building Inspector for the Town of Bridgetown. (b) “Swimming Pool” means any artificial containment that can contain more than zero point six metres (24 inches) of water in depth, whether above or in-ground. (c) “Municipality” means the Town of Bridgetown. (d) “Owner” means any person, incorporated body, partnership or other legal entity including a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any land or building and includes a trustee, an executor, a guardian, an agent, a mortgagee in possession, a tenant, or other person having the care or the control of any land or building in the event of the absence or disability of the persons having the title thereof and, in the absence of proof to the contrary, includes the person assessed for the property. PART II PERMIT REQUIRED No Swimming Pool shall be constructed, erected, assembled or altered in the Town of Bridgetown after the passage of this By-law unless a Swimming Pool Permit has been issued by the Building Official and all applicable fees paid. PART III PERMIT REQUIREMENTS To obtain a permit, plans and specifications of the Pool and associated fencing must be submitted to the Building Official and if the plans and specifications of the Pool and associated fencing are in compliance with the requirements of this By-law and of any other applicable law, the Building Official shall issue a permit.
TOWN OF BRIDGETOWN PART IV FENCING REQUIREMENTS (a) Every Owner of a Swimming Pool must erect and maintain at all times around such a pool a vertical fence not less than 1.5 metres (5 feet) in height above ground level, so as to prevent entry by any unauthorized persons. No opening in the fence shall exceed 10 centimetres (4 inches) in any dimension, and the bottom of the fence shall not be higher than ten centimetres (4 inches) above ground. (b) The fence enclosing any in-ground Swimming Pool may have a wall or a wall of a building as part of the fence, provided the wall is at least 1.5 metres (5 feet) in height; and provided that if the wall contains any openings that could provide access to the pool, the openings are kept locked or blocked at all times when the pool is not under supervision by a competent adult. (c) The sides of an above-ground Swimming Pool that are not less than 90 degrees to the ground may be included as all or part of the required fence if the height requirement of 1.5 metres (5 feet) is met. (d) For any above-ground Swimming Pool fencing, a non-climbable gate is required around the access to the pool. (e) Every Swimming Pool fence shall have a gate or gates constructed of material not less than equivalent strength as the fence which provides an equivalent degree of safety, and every gate shall be of at least the same height as the fence or guarding obstruction be rigidly enforced at the bottom, not more than 10 centimetres (4 inches) above the ground, be supported by substantial hinges and be equipped with self-closing, self-latching devices placed at the top and on the inside of the gate. (f) Every gate shall be kept closed and locked at all times when the pool is not under competent supervision. (g) No one shall pour, spray, fill or introduce water into a Swimming Pool unless a fence has been completely erected around the Swimming Pool in a manner required by this By-law.
TOWN OF BRIDGETOWN (h) Every Owner of a Swimming Pool shall, upon completion of the Swimming Pool enclosure, notify the Building Official and required a Compliance Inspection. Provided that the Owner has complied with all of the terms and conditions of the permit, the Building Official shall issue a Notice of Compliance. PART V CONSTRUCTION FENCING REQUIREMENTS To prevent persons from accidentally falling into an excavation the Owner shall erect, at the commencement of excavation, a strongly constructed fence, boarding or barricade, not less than 1.5 metres (5 feet) in height around the open sides of the excavation area. PART VI CONTRAVENTION Any Owner who fails to obtain any permit required by this By-law or whose Swimming Pool is not in compliance with this By-law shall, if so ordered by the Building Inspector, drain any such Swimming Pool within 24 hours of being so notified. Failure to observe an order of the Building Inspector under this Part is punishable by a fine of not less than $1,000.00 and not more than $5,000.00. PART VII EFFECT AND RETROACTIVITY This By-law applies to all Swimming Pools constructed or erected after the coming into force of this By-law and to all other Swimming Pools ninety days after the coming into force of this By-law. A fence that complied with a previous by-law is deemed to be compliant, but if replaced, must be replaced in accordance with this by-law. This By-law replaces the Swimming Pool Fencing By-law published on May 1, 2001 and comes into force when published. This is to certify that the foregoing is a true copy of a By-law passed at a duly convened meeting of the Council of the Town of Bridgetown held the [date of second reading]. TOWN OF BRIDGETOWN Clerk’s Annotation Date of First Reading ............................................................... April 30, 2007 Date of advertisement of Notice of Intent to Consider ..............May 10, 2007 Date of Second and Final Reading ........................................... Date of Ministerial Approval ...................................................... Date of Publication .................................................................... Date forwarded to website ......................................................... 2006-247/ADPC/Swimming Pool by-law
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