June 25, 2008
Toddlers fight for life after pool accident
Toddler succumbs to injuries
Canwest News Service, Thursday, June 26, 2008
VANCOUVER -- One of the toddlers who fell into a Vancouver-area pool on Sunday has died.
Andrew, 3, died from his injuries Tuesday at the B.C. Children's Hospital, three days after he and another boy were pulled, unresponsive, from an in-ground pool in North Delta. The other toddler, 23-month-old Timothy, is still fighting for his life. Their last names have not been released.
Timothy is listed in serious condition and "acutely ill" with vital signs that "are unstable and not within normal limits."
The two unrelated boys had disappeared at about 6 p.m. Sunday while playing at a baby shower being held by Andrew's extended family.
A family friend, who wasn't at the party, said that the boys had been "running around the house and being noisy" before the tragedy.
The guests realized something was wrong minutes later when it became suddenly quiet. The guests combed through the house, searching for the missing boys.
They found them unconscious, floating in the murky water of an in-ground pool in the backyard. Family members jumped in and pulled the boys out before calling 9-1-1.
Toddlers fight for life after pool accident /Children found floating in pool remain in critical condition
Vancouver Sun: Tuesday, June 23/24, 2008
Two toddlers clung to life Monday after being found unconscious in the murky green water of a backyard swimming pool in Delta, British Columbia.
The toddlers, aged two and three, were found shortly before 6 p.m. Sunday floating in the kidney-shaped pool behind a house at 11530 - 90th Avenue, adding a tragic ending to a family get-together going on inside.
They were still listed in critical condition Monday.
The boys, who are not related, did not live at the two-storey house but were there as part of a church gathering, Const. Wave Steinwand said. Their names have not been released.
"It was a family-and-friend gathering at the house so there were a number of people there," Steinwand said.
"Obviously they're very upset and waiting anxiously for an update on the children."
Police were called to the two-storey white and brown house by ambulance officials, who managed to revive the boys before they were taken to BC Children's Hospital.
It was not known how long the boys were in the pool before they were found.
The pool wasn't in use at the time and the water was a murky, stagnant green.
Steinwand said he didn't know if the pool was covered at the time of the incident, but said it took "a little time" to find the boys. He said he did not have further details.
Neighbour Navine Bath said her brother had heard the children laughing and playing before the air was punctured by screams and an ambulance showed up.
She didn't know the family well, she said, but often heard them playing in the pool during the summer.
The pool, which fills much of the large backyard, has a diving board and is one of the few in the neighbourhood, which has a mix of older and newer homes.
"People always say, 'We're so jealous, they have a pool,'" Bath said.
The house, owned by Kola and Sovanputha Ros and assessed at $429,000, is a well-kept home located across the street from Gibson elementary school.
The front lawn is well tended with shrubs and plants; the backyard is fenced with a hedge separating it from a public walkway on one side. A black Volvo was parked in the driveway.
No one would answer the door or phone calls Monday.
The incident prompted police to remind the public to take care with children around pools and lakes.
"It's the beginning of summer and unfortunately, with summer comes tragedies like this," Steinwand said. "It only takes a few seconds and something like this can happen."
A chief coroner's report last year on 33 child deaths by drowning said young children can drown in less than six centimetres of water.
In 11 of 17 cases reviewed, the children died in an artificial body of water such as a pool, decorative pond or bathtub. Ten were preschoolers.
The report said in 13 out of the 17 cases, supervision was determined to be a "critical factor" because of the physical, mental or developmental abilities of the child.
Delta regulations require that any pool more than 450 millimetres (1.5 feet) deep be enclosed with a fence of at 1.2 metres (four feet) high. The fence is to be built on the property line or surrounding the pool to secure it from unauthorized entry.
The fence should also be built so that it does not allow easy climbing. Owners must also maintain the fence to ensure it is secure.
August 26, 2007
Bacteria, Virus and Fungus Infections
Keeping Inflatable Pools Safe a Lot of Work: Bacteria, Virus and Fungus Infections
Natalie Brun
Weekly News - Halifax West, August 10, 2007
I bit the bullet this summer and bought my children an above-ground pool.
Three of my children want to spend their entire day at the beach; one child needs an afternoon nap because he is still a baby.
So, as a family, we compromised. spend the morning at the beach, the afternoon in the backyard in their pool.
Once we were able to find the pool we were looking for, I thought it was smooth sailing.
I set it up, filled it with 250 gallons of water, shocked it with chlorine, plugged in the filter and off the kids went.
I set up my chair next to the pool, cracked open a new book and stared to enjoy my summer afternoons. I should have known it was all too good to be true.
One week later, my children's fingers and toes looked like prunes, but they were having a great time.
Then came the heat wave, as well as an army of neighbourhood kids, and things started to get very gross, very quickly.
Our pool filter started to make strange sounds, and the water started to get murky then green.
I unplugged the pool and watched 250 gallons of water flow over the sides of the pool and saturated my gareden.
I thought, "What have we gotten ourselves into?"
And that's just it . . . when you buy a pool - you are getting yourself into a substantial financial commitment.
If you buy a plastic kiddie pool that holds no more than two feet of water, you are safe from bacteria IF you dump the water after two or three days.
Anything larger than that, you need regular maintenance, or else children using the pool are susceptible to a bevy of infections.
Pseudomonas aeruginosa , a common bacterium found in stagnant water that is untreated with the appropriate levels of chlorine, can cause swimmer's itch, ear infections, bronchitis and pink eye, to name a few ailments.
[Pseudomonas aeruginosa is an opportunistic pathogen, meaning that it exploits some break in the host defenses (including burns and cuts) to initiate an infection. It causes urinary tract infections, respiratory system infections, dermatitis, soft tissue infections, bacteremia, bone and joint infections, gastrointestinal infections and a variety of systemic infections, particularly in patients with severe burns and in cancer and AIDS patients who are immunosuppressed. Pseudomonas aeruginosa infection is a serious problem in patients hospitalized with cancer, cystic fibrosis, and burns. The case fatality rate in these patients is 50 percent. ]
[P. aeruginosa is naturally resistant to a large range of antibiotics and may demonstrate additional resistance after unsuccessful treatment]
[Recreational Water Illnesses -RWIs
RWIs are illnesses that are spread by swallowing, breathing, or having contact with contaminated water from swimming pools, spas, lakes, rivers, or oceans. Recreational water illnesses can cause a wide variety of symptoms, including gastrointestinal, skin, ear, respiratory, eye, neurologic and wound infections. The most commonly reported RWI is diarrhea.
Diarrheal illnesses can be caused by germs such as:
[How to protect myself and your family from diarrheal illnesses (hyperlink to flash presentation)
Healthy Swimming behaviors are needed to protect you and your kids from recreational water illnesses (RWIs) and will help stop germs from getting in the pool in the first place.
Here are six “P-L-E-As” that promote Healthy Swimming:
Natalie Brun
Weekly News - Halifax West, August 10, 2007
I bit the bullet this summer and bought my children an above-ground pool.
Three of my children want to spend their entire day at the beach; one child needs an afternoon nap because he is still a baby.
So, as a family, we compromised. spend the morning at the beach, the afternoon in the backyard in their pool.
Once we were able to find the pool we were looking for, I thought it was smooth sailing.
I set it up, filled it with 250 gallons of water, shocked it with chlorine, plugged in the filter and off the kids went.
I set up my chair next to the pool, cracked open a new book and stared to enjoy my summer afternoons. I should have known it was all too good to be true.
One week later, my children's fingers and toes looked like prunes, but they were having a great time.
Then came the heat wave, as well as an army of neighbourhood kids, and things started to get very gross, very quickly.
Our pool filter started to make strange sounds, and the water started to get murky then green.
I unplugged the pool and watched 250 gallons of water flow over the sides of the pool and saturated my gareden.
I thought, "What have we gotten ourselves into?"
And that's just it . . . when you buy a pool - you are getting yourself into a substantial financial commitment.
If you buy a plastic kiddie pool that holds no more than two feet of water, you are safe from bacteria IF you dump the water after two or three days.
Anything larger than that, you need regular maintenance, or else children using the pool are susceptible to a bevy of infections.
Pseudomonas aeruginosa , a common bacterium found in stagnant water that is untreated with the appropriate levels of chlorine, can cause swimmer's itch, ear infections, bronchitis and pink eye, to name a few ailments.
[Pseudomonas aeruginosa is an opportunistic pathogen, meaning that it exploits some break in the host defenses (including burns and cuts) to initiate an infection. It causes urinary tract infections, respiratory system infections, dermatitis, soft tissue infections, bacteremia, bone and joint infections, gastrointestinal infections and a variety of systemic infections, particularly in patients with severe burns and in cancer and AIDS patients who are immunosuppressed. Pseudomonas aeruginosa infection is a serious problem in patients hospitalized with cancer, cystic fibrosis, and burns. The case fatality rate in these patients is 50 percent. ]
[P. aeruginosa is naturally resistant to a large range of antibiotics and may demonstrate additional resistance after unsuccessful treatment]
[Recreational Water Illnesses -RWIs
RWIs are illnesses that are spread by swallowing, breathing, or having contact with contaminated water from swimming pools, spas, lakes, rivers, or oceans. Recreational water illnesses can cause a wide variety of symptoms, including gastrointestinal, skin, ear, respiratory, eye, neurologic and wound infections. The most commonly reported RWI is diarrhea.
Diarrheal illnesses can be caused by germs such as:
- Crypto (short for Cryptosporidium),
- Giardia, Shigella (which can cause Reiter's syndrome that can last for months or years, and can lead to chronic arthritis which is difficult to treat),
- norovirus (this is a Norwalk-like virus -NLV),
- E. coli O157:H7 Escherichia coli O157:H7 (In some persons, particularly children under 5 years of age and the elderly, the infection can also cause a complication called hemolytic uremic syndrome (HUS), in which the red blood cells are destroyed and the kidneys fail.) ]
[How to protect myself and your family from diarrheal illnesses (hyperlink to flash presentation)
Healthy Swimming behaviors are needed to protect you and your kids from recreational water illnesses (RWIs) and will help stop germs from getting in the pool in the first place.
Here are six “P-L-E-As” that promote Healthy Swimming:
- Please don't swim when you have diarrhea. This includes kids in diapers. You can spread germs in the water and make other people sick.
- Please don't swallow the pool water. In fact, avoid getting water in your mouth.
- Please practice good hygiene. Take a shower before swimming and wash your hands after using the toilet or changing diapers. Germs on your body end up in the water.
- Please take your kids on bathroom breaks or check diapers often. Waiting to hear "I have to go" may mean that it's too late.
- Please change diapers in a bathroom and not at poolside. Germs can spread to surfaces and objects in and around the pool and spread illness.
- Please wash your child thoroughly (especially the rear end) with soap and water before swimming. Everyone has invisible amounts of fecal matter on their bottoms that ends up in the pool. ]
[Maintain water quality and equipment.
Keep the chemical feed equipment and chemicals at optimal levels within state and local government regulations. This includes maintaining the disinfectant at regulated levels:
Optimal pH (7.2-7.8) [pH > 8.0 - Poor Chlorine Disinfection - Eye Irritation - Skin Irritation, pH<>Eye Irritation- Skin Irritation- Pipe Corrosion;
Alkalinity (80-120 ppm) ;
Calcium hardness (200-400 ppm) , and
Total dissolved solids (below 2500mg/liter).
As you know, poor pH control can compromise chlorine’s effectiveness as a disinfectant. ]
Analise Park-Adlin, spokesperson for Best-way Fast Pool, one of the most popular fast-fill pools sold by Toys R Us, said most people buy pools and expect the attached filters to do the dirty work.
"The filter is equipped to take the debris out of the pool," she said, "It is in no way meant to protect anyone using the pool from viruses that are commonly associated with stagnant, untreated water.
I searched my pool manual from top to bottom to find the directions as to how often I need to treat my pool and with how much chlorine.
When I told Park-Adlin that there was no mention of treating the pool in my owner's manual, she had little to say other than, "Every pool needs chlorine."
So how much and how often?
While there are no exact measurements, there are ways that above-ground pool owners can maintain their sanity and keep their children safe from bacterial infections.
Buy a test kit where you buy pools. Wal-Mart, Toys R Us and Zellers always have them in their seasonal section with the pool kits.
- Buy a pool brush or a bristle brush to wipe down the pool walls and floor. Only the free floating debris will be filtered through the filter system.
- Shock the pool every week, with a stabilizing form of chlorine (call local pool distributors and cleaners for exact amounts.
- Buy a pool algaecide. Measurements vary according to pool size, but are needed on a wekly basis.
- Borax the pool when it is empty -it's the best way to get rid of germs.
I wish someone had told me all this before I bought the pool. It would have been easier to go to the beach!
August 05, 2007
NS Toddler Drowns in Pool
Toddler drowns in pool
Little girl visiting grandparents near Windsor
By The Canadian Press
Wednesday July 25, 2007
GARLANDS CROSSING — Nova Scotia RCMP say a young girl is dead after she drowned in a pool at her grandparents home.
The terrible discovery was made Tuesday in Garlands Crossing outside Windsor.
Police say the two-and-a-half year old girl was staying with her grandparents while her parents are working in Cape Breton.
The girl went missing for a few minutes and was eventually found in a small wading pool on the property.
She was rushed to the Hants Community Hospital where she was pronounced dead.
Police say they probably won't be releasing her name.
**********************************
Little girl visiting grandparents near Windsor
By The Canadian Press
Wednesday July 25, 2007
GARLANDS CROSSING — Nova Scotia RCMP say a young girl is dead after she drowned in a pool at her grandparents home.
The terrible discovery was made Tuesday in Garlands Crossing outside Windsor.
Police say the two-and-a-half year old girl was staying with her grandparents while her parents are working in Cape Breton.
The girl went missing for a few minutes and was eventually found in a small wading pool on the property.
She was rushed to the Hants Community Hospital where she was pronounced dead.
Police say they probably won't be releasing her name.
**********************************
Girl, 2, drowns in pool
By GORDON DELANEY Valley Bureau
Halifax Herald July 26, 2007
GARLANDS CROSSING — Some backyard fun turned tragic Tuesday when a two-year-old girl drowned in a swimming pool.
The toddler, whose name wasn’t released at the family’s request, was staying at her grandparents’ house on Bowman Road in Garlands Crossing, near Windsor, said Sgt. Tom Grant of the Windsor rural RCMP detachment.
"We received the call mid-afternoon about a child in one of those inflatable pools," said Sgt. Grant.
He said the child was visiting her grandparents and there were two or three other children at the house.
"All of a sudden, the others realized that the child wasn’t around," Sgt. Grant said, adding the victim had only been missing for a matter of minutes.
The child was found in the pool and an adult tried to resuscitate her. Paramedics also tried but couldn’t revive the girl, who was pronounced dead in Hants Community Hospital in Windsor.
"It’s just one of those tragic things," said Sgt. Grant. "It’s very sad."
He said the incident is a reminder that people must be vigilant with children around swimming pools, especially this time of year when temperatures in the Annapolis Valley the last few days have hovered near 30 C.
Const. George Cameron, also of the Windsor RCMP, said the pool was about three metres across and the water was a metre deep. He said there was a ladder on the side.
Neighbours said the victim lived in Sydney and was visiting her grandparents for a month, along with her four-month-old brother.
"I’ve seen them around," said a neighbour who didn’t want his name used. "They’ve visited before. I see them there all the time."
He said the children often stayed there with their grandmother and her partner, Mike Greeno, while their mother worked in Sydney.
The backyard pool has been at the house for the last couple of summers, the neighbour said.
He added that residents of Bowman Road are taking the death hard.
"People are in shock here. It’s just tragic."
Bowman is a short dead-end road with a dozen or so houses, a few minutes’ drive southeast of Windsor. At least three of the houses have inflatable pools.
The pool where the drowning happened is the largest on the street and sits near a driveway at the top of a hill.
People could be seen coming and going from the house throughout the day Wednesday.
"It’s horrible," said another man who lives on the road. "I have a young child myself."
RCMP say the investigation is complete and no further action will be taken.
( gdelaney@herald.ca)
*********************************************************
Keeping pool time safe for kids: Always be within arm’s reach, Lifesaving Society advises
Halifax Herald July 26,2007
by PAUL EVEREST
DROWNING is the second-leading cause of death of children under 10, according to the Nova Scotia branch of the Lifesaving Society. Nearly 500 Canadians drown each year, and children aged five and under are at high risk.
That’s why parents and caregivers are being asked to be extra vigilant now that pool weather is here and the kids are out of school.
National Drowning Prevention Day is this Saturday, and here are some tips from the [Lifesaving] Society and Health Canada to help keep little ones safe around the water:
•Never lose sight of children in and around a swimming or wading pool, even for a short time. Designate an adult as a lifeguard to keep watch and have a backup in case the primary supervisor needs to step away for a minute or two.
"We have a saying with children’s supervision," said Paul D’Eon, special projects director with the society. "We say, ‘Within arm’s reach.’ So if a child falls down in the water and can’t right themselves, you’re within arm’s reach and you can right them."
•Make sure children under the age of three and little ones who can’t swim wear a [regulation] personal flotation device. Parents are also advised to take courses on pool safety and lifesaving skills such as CPR, and to keep lifesaving equipment and a first-aid kit near the pool.
•After checking out the municipal rules, build a fence and gate that will keep children away from your pool. It’s best to keep the gate locked at all times and make sure outdoor furniture or toys are away from the fence so children can’t climb over.
Mr. D’Eon also recommends putting a cover on a pool when it’s not in use. Children’s wading pools, including inflatable models, should be drained when swim time is over.
•Finally, keep emergency phone numbers listed close to a pool-area telephone.
The Lifesaving Society also urges parents and caregivers to supervise children in bathtubs and to drain the tub once the bath is finished.
****************************************
I am so so sad to report that within days of setting up this site a young child was drowned in Nova Scotia in a home pool. It was to prevent such accidents that I set this site up.
This site was set up in response to my reporting a large inflatable pool in my community that was not fenced in as per the Halifax Regional Bylaw.
On a Sunday, July 8th, I phoned the police department and was told this was NOT their business and that I would have to report this to the Bylaw department at 490-4000.
When I reported, I was given a case number #2670203 but was told that it would be one week before anyone would go out to the property to speak with the owner. I was shocked by this long response time, explaining a child could easily drown in that particular pool before the week was up.
As a result, I phoned the police back and it was suggested that I phone the department back the next day (Monday) and speak with a supervisor. On Wednesday, I did this and was directed to Jim Holt at 490-4478 (cell 476- 5043). When I spoke with Mr Holt, he was not aware of my complaint and I had to give him the case number.
On Saturday, I went past the property - nothing had been done ! And when I phoned Mr Holt on his cell on Sunday ( the promised 1 week had now gone by and his office voice mail informed me he would not be in the office until Tuesday) he refused to even speak with me because it was Sunday.
On Monday, 8 days after my original report, I sent an e-mail to Peter Kelly, the mayor of Halifax, with my concern. I cced this to a number of people including Gloria McClusky, councillor for the community that the pool was in.
On that same date, I received an e-mail from Gloria McClusky stating:
"Just received a copy of your email which went to Mayor Kelly. I called Jim Holt and was told that they have lowered the water in the pool to 2 feet, which is acceptable without a fence. Hope this answers your concerns."Needless to say, this did NOT answer my concern and I am disappointed that Ms McClusky was not aware of the law, AND was content to leave 2 feet of water in a pool to drown a child!
The Halifax bylaw states that if the pool has the capacity to hold 2 feet of water or more, it requires fencing. This means that if the pool had to be drained down to 2 feet, it was within the bylaw and required fencing.
I immediately e-mailed Peter Kelly and Gloria McClusky with much of the information now posted on this site. I also asked if I could be directed to where I could find the bylaw on the web. (Noone ever did give me this information - I had to find this myself http://novascotiapoolsafety.blogspot.com/search/label/HRM%20BY-LAW%20NUMBER%20S-700%3A%20SWIMMING%20POOLS)
On Tuesday, 9 day after lodging my complaint, I received an e-mail from Ed Atkinson, Supervisor, Permits and Inspections Halifax Regional Municipality Community Development 869-4007 atkinse@halifax.ca :
"Further to your e-mail to Mayor Kelly yesterday, I would like to provide you with and up-date respecting the above captioned issue. As of 10:00 am this morning July 17 the swimming pool has been deflated and emptied of water. The occupants of the property have been advised of theSwimming Pool By-law requirements and we will monitor the situation toensure continued compliance. If you require any further information respecting this issue please feel free to contact me at the informationprovided below. Sincerely,Ed"
The sad state of affairs is that, though the pool has been deflated, the people at this residence now have a molded kiddie pool that is ALWAYS full of water, unattended, in a yard full of toys just inviting young children in to drown themselves. Within 2 days a kiddie slide directed into this pool was erected as well. This is a small pool that could be easily lifted and drained after each use and easily refilled for each subsequent use BUT these people chose to leave the pool full at all times, completely unattended, in a yard without fencing!
I have e-mailed everyone including Peter Kelly and Ms McCluskey of this BUT this is where our bylaw is lacking. It does not include kiddie pools or the small wading pool involved in the drowning today.
We MUST, for the sake of our children, contact our local politicians and insist that the regulations we have already be proactively enforced, and the bylaw be expanded to include wading and kiddie pools.
A young child needs only 1 inch of water to drown.
Canada Red Cross - Pool Safety
Water Safety Fact Sheets/Checklist
from the Canada Red Cross website:
http://www.redcross.ca/article.asp?id=001037&tid=024
Canada Red Cross - Nova Scotia Region
133 Troop Avenue (Burnside Industrial Park) Dartmouth, NS B3B 2A7
Phone: (902) 423-3680
Fax: (902) 422-6247
Water safety 1-877-356-3226
Water Safety Facts
- Drowning is one of the leading causes of death for Canadian children aged one to four.
- For every toddler who dies from drowning, it is estimated there are three to five additional near drownings, which require hospitalization. [some resulting in permanent brain damage]
- In nearly half of the infant and toddler drownings, the victims were alone.
- A small child can drown in only a few inches of water – enough to cover the mouth and nose.
- Drowning can occur in less time than it takes to read this safety message.
- The most common location for infant drownings is the bathtub.
- Home swimming pools account for 38% of toddler drownings.
Since 1991, only 4% of reported toddler drownings were in pools with self-closing and self-latching gates.
If all home pools were equipped with self-closing and self-latching gates, nearly all toddler pool drownings and about one-third of all toddler drownings could be eliminated.
Health Canada - Pool Safety
Swimming Pool Safety (Fact Sheet)
From Health Canada - Consumer Product Safety website:
http://www.hc-sc.gc.ca/cps-spc/pubs/cons/pools-piscine_e.html
Health Canada Product Safety Office: Halifax (902) 426-8300
Each year, many children drown in backyard swimming pools and in small kiddie pools.
Children are in danger because:
- They like to play in water.Why do these drownings happen?
- They move quickly.
- They can drown in only a few centimetres (1 inch) of water.
- The pool is NOT fenced in all the way around.
- The gate to the backyard is NOT shut all the way or locked.
- A young child gets to the pool through a patio door or garage
door that opens into the backyard.
Safety Tips
- Check with your town or city to find out the rules for putting up a fence around your pool.
- Build a fence and a gate that will keep children away from your pool.
- Keep the gate locked at all times.
- ALWAYS have an adult watching children in and around the pool.
- Children under the age of 3 and children who cannot swim must wear a life jacket or PFD (personal floatation device).
- Send children to swimming and water safety lessons.
- Make sure lifesaving equipment and a first aid kit are handy.
- Take a course on pool safety, first aid and lifesaving skills (such as CPR).
- Have emergency phone numbers listed at the telephone closest to the pool. [Keep a phone poolside.]
- Make sure toys, garden furniture and tools are not near the pool fence. Children can climb up on these things to get into the pool. [Toys also attract children when pool is NOT being watched]
- To learn more about water safety and learn-to-swim programs, please call your local Canadian Red Cross Society, or the local Branch Office of the Lifesaving Society.
For more information contact Product Safety, Health Canada. Halifax (902) 426-8300
Pool By-law: Town of Yarmouth - Section 6 VG
BY-LAW NO. 31
SWIMMING POOL BY-LAW - Town of Yarmouth
1. In this By-Law, “Swimming Pool” means any construction whether above or below ground which is erected to hold water and which is more than 24 inches in depth.
2. Every owner of a swimming pool in the Town of Yarmouth shall erect and maintain a fence around such swimming pool.
3. (a) A fence erected pursuant to Section 2 of this By-Law shall be not less than four (4) feet in height above grade, and the bottom of such fence shall not be more than three (3) inches above grade.
(b) A fence erected under this By-Law shall be constructed of wood, brick, stone, metal, plastic, fibreglass, or such other material as approved by the building inspector of the Town of Yarmouth.
(c) Where such fence is constructed of wood, the pickets or boards shall be upright and shall not have any spaces more than 3 inches in width.
(d) Where such fence is constructed of material other than wood, there shall be no opening in such fence more than three (3) square inches, other than such entrance or entrances as referred to in paragraph four (4) of this By-Law.
4. Where any fence is erected under this By-Law, such fence shall have one or more entrances and each such entrance shall have a gate of not less than four (4) feet in height, the bottom of which shall not be more than three (3) inches above grade and which gate shall be kept securely fastened when the swimming pool is not in use.
5. Where a swimming pool has been erected prior to the coming into force of this By-Law, the owner shall have until the 1 day of January, A.D., 1984, st in which to erect and maintain a fence in accordance with this By-Law.
6. Any fence erected under this By-Law shall be maintained in good condition and the appearance of such fence shall not be inferior to the general standards of appearance prevailing in the area where the fence is situate.
Pool By-law: Port Hawkesbury
SWIMMING POOL BY-LAW- Port Hawkesbury
1.
a. Enclosure: means a fence, wall or other structure, including doors or gates,
surrounding a swimming pool to restrict access thereto.
b. Outdoor Swimming Pool: means a tank or body or water maintained or used
or which may be used for swimming purposes whether above or in ground and
which has a maximum depth of water greater than four inches, other than an
existing natural body of water or stream. It shall also include privately owned
pools belonging to or connected with any type of multiple housing development,
motel, hotel or similar establishment.
c. Owner: includes a person in possession of the property on chich the
swimming pool is located.
d. Town: means the Town of Port Hawkesbury.
e. Person: means any firm, corporation, partnership, individual or association.
2.
a. Every owner of an outdoor pool within the Town shall erect and maintain around such pool an enclosure which shall extend from the ground for a height of not less than five feet and be so located that entry to the swimming pool area shall only be accessible by means of one or more gates in the enclosing fence.
All fences shall be chain link type fence or completely of vertical construction with not more than two inches horizontal opening between boards.
b. Every fence shall have a gate or gates of chain link fencing or of material of not less than equivalent strength which provides an equivalent degree of safety; and every gate shall be of at least the same height as the fence, be supported by substantial hinges and be equipped with self-closing, self-latching devices placed at the top and the inside of the gate.
c. Every gate shall be kept closed and locked at all times when the pool is not in use.
d. Any enclosure may have a wall or a wall of a building as part of such fence, provided the said wall is at least five feet in height and if the wall contains any openings which could provide a means of access to the pool, that such openings as be kept locked or blocked at all times when such pool is not in use.
e. Where a swimming pool has been installed prior to the passing of this By-law and is fenced in such a way as to provide adequate safety and complies with existing By-laws, it shall be deemed to comply with this By-law.
f. No person shall permit any structures or material to be placed or to remain adjacent to any swimming pool enclosure to the pool.
3. SPECIFICATIONS:
a. No swimming pol shall be constructed in the Town of Port Hawkesbury unless a permit has been obtained therefor.
b. To obtain a permit, plans and specifications must be submitted to the Building Inspector. If it appears that the plans and specifications are in conformity with the requirements of this By-law and all other laws and ordinances applicable thereto, the Building Inspector or the Town Council, as the case may be, shall issue a building permit.
c. Any in ground swimming pool shall be a minimum of 5 feet from the property lines at the back and sides of the property, measured from the inside edge of the pool.
d. Any in ground swimming pool shall be located behind the minimum setback line from the street.
4. THIS BY-LAW SHALL COME INTO EFFECT:
a. In respect of all new swimming pools, on the date of approval by the Minister of Municipal Affairs; and
b. In respect of all existing swimming pools, on the 60th day after the date it was
approved by the Minister of Municipal Affairs.
5. PENALTY:
any person who violates any of the provisions of this By-law shall, on summary conviction, be liable to a penalty not exceeding Two Hundred Fifty ($250.00) Dollars and in default of payment thereof, to be imprisoned for a term not exceeding twenty (20) days.
Pool By-law: Pictou - Sections 3,4 VG
MUNICIPALITY OF THE COUNTY OF PICTOU
SWIMMING POOL BY-LAW
http://www.parltestthree.ca/images/stories/PDF/bylaws/swimming.pdf
1. In this by-law
a. “swimming pool” means a water-filled enclosure permanently constructed or not readily movable, whether above or in ground, capable of holding water to a depth of more than 24 inches and constructed, maintained or used mainly for swimming or bathing.
b. “enclosure" means a fence, wall or other structure including doors or gates,
surrounding a swimming pool to restrict access.
2.
(1) Every owner or occupant of property containing a swimming pool or upon which a swimming pool is located, shall ensure that:
a. All swimming pools, or the yard in which the swimming pool is located, shall be completely enclosed so as to prevent uncontrolled access from the street, adjacent properties, or buildings on the same property.(2) Access to a swimming pool may be controlled by a combination of building(s) and fencing, or by a fence alone.
b. All gates accessing an enclosure shall be equipped with self-closing, selflatching devices placed at the top and on the inside of the gate.
c. Any enclosure or other structure intended to control access to a swimming pool, shall be a minimum of four and one half (4½) feet in height from grade, and shall be so constructed as to prevent easy access through, under, or over it and, in the case of an above-ground type of swimming pool, may include an extension to the sides of the pool structure and enclosing the step area at grad.
(3) No person shall permit any structures or material to be placed or to remain adjacent to any enclosure which would provide a means of access to the swimming pool over the top of the enclosure.
3.
(1) No person shall construct a swimming pool [fence] (see amendments below] without first having applied for and obtained a building permit therefore.
(2) No building permit shall be issued by the Building Inspector unless the plans and specifications for the swimming pool [fence] (see amendments below) are in conformity with the requirements of this By-Law and all other applicable laws.
4. The Building Inspector shall provide any person applying for a permit to construct, alter or enclose a swimming pool with a copy of this By-Law and with
an information sheet respecting applicable conditions, which information sheet may be in the form hereto annexed as Schedule “A”, or to the like effect, with such additional detail or altered to meet changes in circumstances or legislation as the Building Inspector may determine.
5. Anyone who violates any of the provisions of this By-Law shall be liable to a minimum penalty of not less than one hundred ($100.00) dollars and in default of payment thereof, to be imprisoned for a minimum period, not less than (10) days and to a maximum penalty not exceeding one thousand ($1,000.00) dollars and in default of payment thereof, to be imprisoned for a maximum period not exceeding ninety (90) days.
6. The by-law entitled Swimming Pool By-Law, approved by the Minister of Municipal Affairs on the 13th day of October, 1992, is repealed, such repeal to be effective on and not before the date upon which the Minister of municipal Affairs approved this By-Law.
Passed at a Meeting of Municipal Council on May 9, 1994
Recommended for approval with amendments.
Cathleen O’Grady
Solicitor
Inserting the word “fence” after the word “pool” in the first line of subsection 3(1) and
the second line of subsection 3(2).
Dated at Halifax, Nova Scotia this 16th day of September, 1994.
Sandy Jolly
Minister of Municipal Affairs
Pool By-law: Cape Breton Regional Municipality - Section 2(5)
Cape Breton Regional Municipality Swimming Pool Fences By-Law
http://www.cbrm.ns.ca/portal/civic/bylaws/SwimmingPoolFencesBylaw.asp
By-Law S2
1. DEFINITIONS
(a) “Enclosure” means a fence, wall or other structure, including doors or
gates, surrounding a swimming pool to restrict access thereto.
(b) “Outdoor Swimming Pool” means a tank or body of water maintained or
used or which may be used for swimming purposes whether above or in ground and which has a maximum depth of water greater than twenty-four (24) inches, other than an existing natural body of water or stream, but including privately owned pools belonging to or connected to with any type of multiple housing development, motel, hotel, or similar establishment.
(c) “Owner” includes a perosn in possession of the property on which
the swimming pool is located.
2. ENCLOSURES
(1) Every owner of an outdoor swimming pool within the Cape Breton Regional
Municipality shall erect and maintain around the pool an enclosure which extends
from the ground for a height of not less than five (5) feet and is so located
that the swimming pool area is only accessible by means of one or more gates in
the enclosure.
(2) Every swimming pool enclosure shall have a gate or gates
constructed of material of not less than equivalent strength as the fence and
which provides an equivalent degree of safety; and every gate shall be of at
least the same height as the fence, 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.
(3) Every gate shall be kept closed and locked at all times when the
pool is not in use.
(4) Any enclosure may have a wall or a wall of building as part of such
fence, provided the wall is at least five (5) feet in height; if the wall
contains any openings that could provide a means of ingress [entrance] or egress [exit] to the pool, the openings shall be kept locked or blocked at all times when the pool is not in use.
(5) Any removable access to the rim of an aboveground pool shall be
kept removed when the pool is not in sue.
(6) Where a swimming pool has been installed prior to the passing of
this By-law and is fenced in such a way as to provide adequate safety, and
compiled with the by-laws in force when the pool was constructed, it is deemed
to comply with this By-law.
3. PERMITS
(1) No swimming pools shall be constructed in the Cape Breton Regional
Municipality unless a permit has been obtained for it.
.
(2) To obtain a permit, plans and specifications must be submitted to the chief building official complete with an application for a permit and payment of all prescribed
fees.
(3) If it appears that the plans and specifications are in conformity
with this by-law and with any applicable provisions of the Building Code, a
building permit shall be issued.
(4) Any in-ground swimming pool shall be a minimum of five (5) feet
from the property lines at the back and sides of the property, measured from the inside edge of the pool, any shall be located behind the minimum setback line from the street.
OFFENCE
4.
No one shall pour, spray, fill or introduce water into any swimming pool unless a fence has been completely erected around the swimming pool in the manner required in this by-law.;
5.
Any by-law or any provision thereof passed and approved by any former Municipality within the boundaries of the County of Cape Breton prior to July 31, 1995 which conflicts with or acts contrary to the provisions of this by-law are hereby repealed with this by-law becoming law and any other provisions such by-laws hereby ratified and confirmed insofar as they are not in conflict with this by-law.
PASSED AND ADOPTED by a majority of the whole Council at a duly called meeting of the Cape Breton Regional Municipal Council held on the 19th day of December 1995.
Pool By-law - Municipality of the County of Kings - Section 4.3.5 VG
MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902)690-6133 Fax: (902)678-9279 E-mail: alongley@county.kings.ns.ca
BY-LAW # 73
SWIMMING POOL BY-LAW
1. DEFINITIONS
1.1 "Enclosure" means a fence, wall, or other structure, including the exterior edge of an above ground pool, and also including doors or gates surrounding a swimming pool to restrict access thereto.
1.2 "Swimming Pool" means any tank, or body of water maintained or used or which may be used for swimming purposes whether above or in ground and which has any depth of water greater than twenty-four (24) inches, other than an existing natural body of water or stream; and this meaning shall be taken to include a swimming pool belonging to or connected with
any type of multiple housing development, motel, hotel, club or similar establishment but it shall not include an irrigation or fire protection pond or a fishing or duck pond.
1.3 Municipality" means the Municipality of the County of Kings.
1.4 "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, 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.
2. No swimming pool shall be erected, constructed, assembled or altered unless a swimming pool permit has been issued by the Municipality.
3. PERMIT
3.1 Every Owner wishing to obtain a swimming pool permit must submit an application for such permit to the Municipality.
3.2 Every application for a swimming pool permit shall be accompanied by:
3.2.1 Dimensions of the swimming pool including whether above ground or in ground.
3.2.2 Dimensions of the enclosure including materials.
3.2.3 Proposed location of the swimming pool and enclosure with respect to all other buildings on the property upon which the swimming pool is located, including measurements for the front,
side and rear yards, and flankage yard where applicable.
3.2.4 Such other information as may be necessary to determine whether or not the swimming pool and enclosure conforms with this By-Law and the Land Use By-Law of the Municipality of the County of Kings.
3.2.5 The swimming pool permit fee as may be established from time to time by the Municipality.
3.3 The application shall be signed by the Owner, or by his or her agent.
3.4 No Owner shall deviate, or permit or allow deviations to be made in the erection, construction, assembly or alteration of the swimming pool and enclosure, from the description of the swimming pool and enclosure which is contained in his or her application form or in the swimming pool permit, unless he or she has obtained the written permission of the Municipality.
4. ENCLOSURES
4.1 All swimming pools or the yard or deck in which a swimming pool is located, shall be completely enclosed by an enclosure.
4.2 Any openings providing a means of ingress [entrance] and egress [exit] to the enclosure shall be kept locked and closed at all times when the swimming pool is not under supervision.
4.3 Enclosure Standards:
4.3.1 Enclosures shall be constructed in the case of in ground pools a minimum of five (5) feet in height above grade level.
4.3.2 Enclosures shall be constructed in the case of above ground pools a minimum of five (5) feet in height above grade level.
4.3.3 All enclosure framing including horizontal rails are to be on the inside of enclosure (facing swimming pool) with smooth exterior on the outside of the enclosure.
4.3.4 Enclosures shall be constructed of chain link having a maximum spacing of one and seven-eights inches (1 7/8 "); or wooden vertical pickets or boards having a maximum three inches (3 ") spacing; or wooden or plastic lattice having a maximum space of two inches (2"). In the case of vertical wooden pickets or boards, the vertical wooden pickets or boards on the exterior side of the enclosure shall be a maximum of three inches (3") spacing regardless of spacing of the interior vertical wooden pickets or boards.
4.3.5 No part of any enclosure shall be closer than four (4) feet to the edge of the swimming pool, unless, in the case of an aboveground pool, the exterior edge of the pool may be used as part of the enclosure.
4.3.6 No Owner shall or permit or allow any structures, steps, or material to be placed or to remain adjacent to any enclosure which would provide a means of access over the enclosure to
the swimming pool.
4.3.7 Doors or gates shall be self-latching and placed at the top and on the interior side of the enclosure.
4.3.8 All power sources to the pool and its equipment shall be “G.F.I. rated and properly installed.
5. OFFENCE
5.1 Every Owner who:
5.1.1 erects, constructs, assembles, or alters a swimming pool without a permit complying with this By-law;
5.1.2 erects, constructs, assembles, or alters, or introduces water into a swimming pool without an enclosure complying with this By-Law;
5.1.3 deviates or permits or allows deviations to be made from the description of the swimming pool and enclosure which is contained in the application form or in the permit, without having
obtained written permission of the Municipality of Kings;
5.1.4 places, or permits or allows any structure, steps or materials to be placed or to remain adjacent to any enclosure which would provide a means of access over the enclosure to the swimming pool; is guilty of an offence.
6. PENALTY
Any person who contravenes this By-Law is liable on summary conviction to a fine of not less then One Hundred dollars ($100.00) and not more than Five Thousand dollars ($5,000.00) and in default of payment to imprisonment for a period not exceeding thirty (30) days.
7. EFFECTIVE DATE
7.1 This By-law shall have effect, with respect to all new swimming pools, on the date it is passed.
7.2 This By-Law shall have effect, with respect to all existing swimming pools which were not in compliance with the Swimming Pool By-Law as it existed on August 31, 1996, on the date it is passed.
8. All other Swimming Pool By-Laws passed by the Council of the Municipality are hereby repealed.
History of this By-law
Enacted - December 3, 1996
Pool By-law: Berwick - Section 3 VG
TOWN OF BERWICK BYLAW SWIMMING POOL BYLAW 154.
http://www.town.berwick.ns.ca/bylaws/swimming-pool.pdf
A Bylaw to require the owners of privately owned swimming pools to erect and maintain fences and gates around such swimming pools.
WHEREAS by Section 221, Sub-section 26A of Chapter 209 of the Revised Statutes, 1967, “The Towns Act” as amended Bylaws, may be passed for requiring owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, and for prescribing the height and description of, and the manner of erecting and maintaining such fences and gates.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BERWICK HEREBY ENACTS AS FOLLOWS:
1. For the purpose of this bylaw “swimming pool” means a tank or body of water maintained or used or which may be used for swimming purposes whether above or in ground and which has a maximum depth of water greater than twenty-four inches, other than an existing natural body of water of stream. It shall also include privately owned pools belonging to or connected with any type of multiple housing development, motel, hotel, or similar establishment.
2. Every owner or a privately-owned outdoor swimming pool whether above or in ground shall erect and maintain around such pool a chain link fence, with links not exceeding two inches, or fence of vertically louvered or staggered vertical pickets or a vertical board fence, or approved equivalent, such that no opening between pickets or board is greater than one and one half inches. Such fence shall extend from the ground for a height of not less than five feet and be so located that entry to the swimming pool area shall only be accessible by means of one or more gates in the enclosing fence. A wrought iron or other approved metal type fence or fence of vertically louvered or staggered pickets or vertical board fence with no opening between rods or pickets or boards greater than three inches is deemed to be an approved equivalent provided that such fence is at least five feet in height above grade an provided that horizontal rails are spaced at least four feet apart measured vertically.
3. Every fence shall have a gate or gates of chain link fencing or of material of not less than equivalent strength which provides an equivalent degree of safety; and every gate shall be of at least the same height as the fence, 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.
4. Every gate shall be kept closed and locked at all times when the pool is not under competent supervision.
5. The fence enclosing any privately-owned outdoor swimming pool whether above or in ground may have a wall or a wall of a building as part of such fence, provided the said wall is at least five feet in height, and that if the wall contains any openings which could provide a means of ingress [entrance] and egress [exit] to the pool, that such openings be kept locked or blocked at all times when such pool is not under competent supervision.
6. Any device for projecting an electric current through such fence is prohibited.
7. This Bylaw shall come into effect;
(1) in respect of all new swimming pools, on the date it was passed, and
(2) in respect of all swimming pools, including above the ground and portable types capable of holding more than a twenty-four inch depth of water, on the sixtieth day after the date it was passed.
8. Where a swimming pool has been installed prior to passing of this bylaw and is fenced in such a way as to provide adequate safety and complies with the existing bylaws, it shall be deemed to comply with this bylaw.
9. 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, a penalty of not more than $100.00 exclusive of costs.
History of this Bylaw: Enacted - January 14, 1975 Amended - April 11, 1978 September 10, 1991
Pool By-law: Bridgewater - Section 3,5 VG
CHAPTER 168
SWIMMING POOL BY-LAW - Bridgewater
The intent of this by-law is to ensure some measure of public safety and to provide information about requirements pertaining to swimming pools in the town of Bridgewater.
1. DEFINITIONS
1) "Enclosure" means a fence, wall or other structure including doors or gates, surrounding a swimming pool to restrict access.
2) "Swimming Pool" means a water-filled enclosure, permanently constructed or portable, whether above or in-ground capable of holding water to a depth of more than 600 mm (24"), maintained or used, or which may be used for swimming or bathing; including reflecting pools and other such structures used as part of the landscaping of a property; but excluding existing natural bodies of water or streams.
3) "Town" means the town of Bridgewater.
2. ENCLOSURES
1) All outdoor swimming pools, or the yard in which a swimming pool is located, shall be completely enclosed so as to prevent uncontrolled access.
2) Access to a swimming pool may be controlled by a combination of building(s) and fencing, or by a fence alone; all gates and doors accessing the enclosure shall be equipped with self-closing, self-latching lockable devices placed not less than 1.5 m (5') in height from the surface or grade, and on the inside of the gate, except where access is provided through the dwelling unit.
3) An enclosure or other structure (including gates and doors) intended to control access to a swimming pool, shall be a minimum of 1.5 m (5') in height, and shall be so constructed as to prevent easy access through, under, or over it, and in the case of an above-ground type of swimming pool, shall include any construction providing access to the swimming pool.
4) An enclosure or other structure, including gates and doors, intended to control access to a swimming pool should have a minimum distance of 1.2 m (4') between horizontal members, a maximum of 100 mm (4") size openings throughout the structure, and all horizontal members located on the pool side of the structure.
5) No person shall permit any structures or material to be placed or to remain adjacent to any swimming pool enclosure which would provide a means of access over the top of the enclosure.
3. BUILDING PERMITS REQUIRED
1) Pursuant to the Building Code Act of Nova Scotia, Section 7(1), a building permit for a swimming pool fence shall be required.
2) To obtain a permit, plans and specifications must be submitted to the Building Inspector. If it appears that the plans and specifications are in conformity with the requirements of this by-law, and all other applicable laws, the Building Inspector shall issue a building permit.
4. EFFECTIVE DATE
1) This by-law shall have effect, with respect to all new swimming pools, on the date it is approved by the Minister of Municipal Affairs.
2) This by-law shall have effect, with respect to all existing swimming pools, on the ninetieth (90) day after the date it is approved by the Minister of Municipal Affairs.
5. INFORMATION
The Building Inspector shall provide any person applying for a permit to construct, alter or enclose a swimming pool with a copy of this by-law, and with an information sheet respecting applicable conditions, which information sheet may be in the form hereto annexed as Schedule "A", or to the like effect, with such additional detail or altered to meet changes in circumstances or legislation as the Building Inspector may determine.
6. PENALTIES
1) Pursuant to Section 227 (1) and (2) of the Towns' Act, anyone who violates any of the provisions for fences and gates in this by-law shall, on summary conviction, be liable to a maximum penalty not exceeding one thousand dollars ($1,000) and in default of payment thereof, do be imprisoned for a maximum period not exceeding ninety (90) days; and a minimum penalty not exceeding one hundred dollars ($100.00),and in default of payment thereof, to be imprisoned for a minimum period not exceeding ten (10) days.
2) Pursuant to the Planning Act and the Provincial Building Code Act, other penalties may apply.
SWIMMING POOL BY-LAW - Bridgewater
Approved September 9,1994
INTRODUCTION
The intent of this by-law is to ensure some measure of public safety and to provide information about requirements pertaining to swimming pools in the town of Bridgewater.
1. DEFINITIONS
1) "Enclosure" means a fence, wall or other structure including doors or gates, surrounding a swimming pool to restrict access.
2) "Swimming Pool" means a water-filled enclosure, permanently constructed or portable, whether above or in-ground capable of holding water to a depth of more than 600 mm (24"), maintained or used, or which may be used for swimming or bathing; including reflecting pools and other such structures used as part of the landscaping of a property; but excluding existing natural bodies of water or streams.
3) "Town" means the town of Bridgewater.
2. ENCLOSURES
2) Access to a swimming pool may be controlled by a combination of building(s) and fencing, or by a fence alone; all gates and doors accessing the enclosure shall be equipped with self-closing, self-latching lockable devices placed not less than 1.5 m (5') in height from the surface or grade, and on the inside of the gate, except where access is provided through the dwelling unit.
3) An enclosure or other structure (including gates and doors) intended to control access to a swimming pool, shall be a minimum of 1.5 m (5') in height, and shall be so constructed as to prevent easy access through, under, or over it, and in the case of an above-ground type of swimming pool, shall include any construction providing access to the swimming pool.
4) An enclosure or other structure, including gates and doors, intended to control access to a swimming pool should have a minimum distance of 1.2 m (4') between horizontal members, a maximum of 100 mm (4") size openings throughout the structure, and all horizontal members located on the pool side of the structure.
5) No person shall permit any structures or material to be placed or to remain adjacent to any swimming pool enclosure which would provide a means of access over the top of the enclosure.
3. BUILDING PERMITS REQUIRED
1) Pursuant to the Building Code Act of Nova Scotia, Section 7(1), a building permit for a swimming pool fence shall be required.
2) To obtain a permit, plans and specifications must be submitted to the Building Inspector. If it appears that the plans and specifications are in conformity with the requirements of this by-law, and all other applicable laws, the Building Inspector shall issue a building permit.
4. EFFECTIVE DATE
1) This by-law shall have effect, with respect to all new swimming pools, on the date it is approved by the Minister of Municipal Affairs.
2) This by-law shall have effect, with respect to all existing swimming pools, on the ninetieth (90) day after the date it is approved by the Minister of Municipal Affairs.
5. INFORMATION
The Building Inspector shall provide any person applying for a permit to construct, alter or enclose a swimming pool with a copy of this by-law, and with an information sheet respecting applicable conditions, which information sheet may be in the form hereto annexed as Schedule "A", or to the like effect, with such additional detail or altered to meet changes in circumstances or legislation as the Building Inspector may determine.
6. PENALTIES
1) Pursuant to Section 227 (1) and (2) of the Towns' Act, anyone who violates any of the provisions for fences and gates in this by-law shall, on summary conviction, be liable to a maximum penalty not exceeding one thousand dollars ($1,000) and in default of payment thereof, do be imprisoned for a maximum period not exceeding ninety (90) days; and a minimum penalty not exceeding one hundred dollars ($100.00),and in default of payment thereof, to be imprisoned for a minimum period not exceeding ten (10) days.
2) Pursuant to the Planning Act and the Provincial Building Code Act, other penalties may apply.
August 04, 2007
Pool By-law: Municipality of East Hants
Municipality of East Hants
Swimming Pool By-law
1 (a) In this by-law "Swimming Pool" means a tank of water maintained or used or intended to be used for swimming purposes whether above or in groundand which has any depth of water greater than twenty-four inches, other than an existing natural body of water or stream. It shall also include a swimming pool belonging to or connected with any type of multiple housing development, motel, hotel, club or similar establishment. It shall, however, not include an irrigation or fire protection pond or a fishing or duck pond.
(b) In this By-law a "hot tub" or "spa" means a nonpermanent structure intended for recreational bathing, in which all controls and water heating and water-circulating equipment are an integral part of the product.
2 (a) Every pool owner of a swimming pool shall erect and maintain around such a pool a chain link fence with links not exceeding two and one-half inches, or fence of vertically louvred or staggered vertical pickets or a vertical board fence orapproved equivalent, such that no opening between pickets or boards is greater than one and one-half inches, such fence shall extend from the ground for a height of not less than five feet and shall be so located and constructed that entry to the swimming pool area shall only be accessible by means of one or more gates in the enclosing fence.
(b) A wrought iron or other approved metal type fence or fence of vertically louvred or staggered pickets or vertical board fence with no opening between rods or pickets or boards greater than four inches is deemed to be an approved equivalent provided that horizontal rails are spaced at least four feet apart measured vertically.
(c) The wall of an above ground swimming pool may be used as its barrier or the fence for such a pool may be securely mounted on top of its wall; and providing that such structure and separately mounted barrier meets all fencing requirements of this By-law is deemed an approved equivalent. In addition, any ladder or steps that are the means of access to an above ground swimming pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier or fence that meets the requiremant of this BY-law.
(d) A permit is not required for a hot tub or spa, however, hot tubs and spas must comply with this By-law. Fencing is not required for hot tubs and spas if they are equipped with a locking, ridgid safety cover that meets all of the performance standards of ASTM International F1346-91(2003) or other equivalent performance standards.
3. Every fence shall have a gate or gates of chain link fencing or a material of not less than equivalent strength and which provides an equivalent degree of safety, and every gate shall be of at least the same height as the fence, be supported by substantial hinges, and be equiped with self-closing, self-latching devices placed at the top and on the inside of the gate.
4. Every gate shall be kept closed and locked when the pool is not in use .
5. The fencing enclosing any swimming pool may have a wall or the wall of the building as part of such fence, provided the said wall is at least five feet in height, and if the wall contains any openings that could provide a means of ingress [entry] or egress [exit] to and from the pool, that such openings be kept locked or blocked at all times when such pool is not in use.
6. Any device for projecting an electric current through the fence is prohibited.
7. This By-law shall come into effect :
(a) in respect of all new swimming pools, as of this date
(b) in respect of all existing swimming pools on the 24th day of august 2005
8. Any person convicted of a breach of any of the provisions of this By-law shall be liable to a penalty or a fine not exceeding more than Five Hundred Dollars ($500) or in default of payment to inprisonment for a term not exceeding Ten (10) days.
Pool By-law: Annapolis County - section 4(e)(f) VG
S6 SWIMMING POOL FENCING BYLAW - Annapolis County
http://www.annapoliscounty.ns.ca/bylaws/bylaws_files/S6.pdf
1. Definitions:
No swimming pool shall be constructed, erected, assembled or altered, after the passage of this By-Law, unless a Swimming Pool Fencing Permit has been issued by the Municipality.
3. Permit Application and Approval:
In order to obtain a Swimming Pool Fencing Permit, an applicant shall submit plans, specifications for the fencing and the swimming pool and a completed application form to the Building Inspector.
If the Building Inspector, in his sole discretion, determines that the application, plans and specifications comply with this By-Law and all other pertinent codes, laws and by-laws, he shall issue the Swimming Pool Fencing Permit.
4. Enclosures:
5. Construction Fencing Requirements
To prevent persons from accidentally falling into the excavation for a swimming pool; the owner shall erect, at the commencement of excavation, a strongly constructed fence, boarding or barricade, at a height deemed appropriate by the Building Inspector. The safety fence or barricade shall be maintained until the permanent fence, required by this bylaw, is erected.
6. Effect and Retroactivity:
(a) This By-Law shall apply to all swimming pools and related enclosures constructed after the
passage of this By-Law.
7. Permit Fee
A Permit Fee in the amount of $50.00 will be due and payable with the Permit application.
Passed by Council this 19th day of August , A.D., 2003.
Jacquie Z. Farrow-Lawrence
Municipal Clerk
BYLAW S6
First Reading:....................................................July 18, 1995
Second / Third Reading:..................................August 15, 1995
Publication Date:...............................................August 22, 1995
Revised Bylaw First Reading: ........................July 15, 2003
Revised Bylaw Final Reading:.........................August 19, 2003
Revised Bylaw –Publication Date: .................August 26, 2003
http://www.annapoliscounty.ns.ca/bylaws/bylaws_files/S6.pdf
1. Definitions:
2. Permit Required:(a) “Swimming Pool” means any tank or body of water, excluding natural bodies of
water, maintained or used or which may be used for swimming purposes, whether
located in the ground or above the ground and which can have a water depth of
more than twenty-four inches (24”). This definition shall include any swimming
pool belonging to or associated with any type of residential, commercial or
institutional development, but shall not include irrigation ponds, fishing ponds
and duck ponds.
(b) “Enclosure” means a fence, wall or other structure, including the exterior edge of an above ground swimming pool, doors and gates, surrounding a swimming pool and intended to restrict access to the swimming pool.
(c) “Municipality” means the Municipality of the County of Annapolis
No swimming pool shall be constructed, erected, assembled or altered, after the passage of this By-Law, unless a Swimming Pool Fencing Permit has been issued by the Municipality.
3. Permit Application and Approval:
In order to obtain a Swimming Pool Fencing Permit, an applicant shall submit plans, specifications for the fencing and the swimming pool and a completed application form to the Building Inspector.
If the Building Inspector, in his sole discretion, determines that the application, plans and specifications comply with this By-Law and all other pertinent codes, laws and by-laws, he shall issue the Swimming Pool Fencing Permit.
4. Enclosures:
(a) Every owner of a swimming pool shall erect and, at all times maintain an enclosure around the swimming pool to restrict access to the swimming pool. The
enclosure shall have a height of not less than 1.5 metres (5 feet).
(b) In the case of an above ground swimming pool, with a wall height that extends at least 1.5 metres (5 feet) above the ground, an enclosure around the swimming
pool is not required.
(c) Every owner of an above ground swimming pool without an enclosure around the swimming pool, shall erect and at all times maintain an enclosure around the point at which people may enter the pool. The enclosure shall have a height of at least 1.5 metres (5 feet).
(d) Every owner of a swimming pool enclosure shall install and, at all times, maintain a gate(s) or a door(s) for access to and egress from the swimming pool. The gates
or doors shall be at least as high as the enclosure, as strong as the enclosure, and
supported by substantial hinges. Gates and doors shall be self-closing and shall be equipped with self-latching devices placed at the top and on the inside of the gate.
(e) Every owner of a swimming pool shall, upon completion of the swimming pool enclosure, notify the Building Inspector and request a Compliance Inspection. Provided that the owner has complied with all of the terms and conditions of the Permit, the Building Inspector shall issue a Notice of Completion.
(f) No one shall pour, spray or otherwise introduce water into any swimming pool unless an enclosure, complying with these regulations, has been constructed and the Notice of Completion for the enclosure issued by the Building Inspector.
5. Construction Fencing Requirements
To prevent persons from accidentally falling into the excavation for a swimming pool; the owner shall erect, at the commencement of excavation, a strongly constructed fence, boarding or barricade, at a height deemed appropriate by the Building Inspector. The safety fence or barricade shall be maintained until the permanent fence, required by this bylaw, is erected.
6. Effect and Retroactivity:
(a) This By-Law shall apply to all swimming pools and related enclosures constructed after the
passage of this By-Law.
7. Permit Fee
A Permit Fee in the amount of $50.00 will be due and payable with the Permit application.
Passed by Council this 19th day of August , A.D., 2003.
Jacquie Z. Farrow-Lawrence
Municipal Clerk
BYLAW S6
First Reading:....................................................July 18, 1995
Second / Third Reading:..................................August 15, 1995
Publication Date:...............................................August 22, 1995
Revised Bylaw First Reading: ........................July 15, 2003
Revised Bylaw Final Reading:.........................August 19, 2003
Revised Bylaw –Publication Date: .................August 26, 2003
July 22, 2007
Pool By-Law: County of Antigonish - Section1(a) Better
THE MUNICIPALITY OF THE COUNTY OF ANTIGONISH
SWIMMING POOL BY-LAW
BE IT RESOLVED by the Municipal Council of the County of Antigonish that the following By-Law be
enactedand that the Clerk forward two copies to the officeof the Minister of Municipal Affairswith a request
for his approval thereof.
INTRODUCTION
The intent of this By-Law is to ensure some measure of public safety and to provide information about requirements pertaining to swimming pools in the County of Antigonish.
1. DEFINITIONS
(a) “Swimming Pool” means a water-filled enclosure, permanently constructed or portable, whether above or in ground capable of holding water to a depth of more than twelve (12) inches, maintained or used, or which may be used for swimming or bathing; including reflecting pools and other such structures used as part of the landscaping of a property; but excluding existing natural bodies of water or streams.
(b) “Enclosure” means a fence, wall or other structure including doors or gates, surrounding a swimming pool or restricted access.
(c) “County” means the County of Antigonish.
2. ENCLOSURES
Pursuant to the Municipal Act (Section 191 (29A)):
(a) All “swimming pools”, or the yard in which a “swimming pool” is located, shall be completely enclosed so as to prevent uncontrolled access from the street, adjacent properties, or buildings on the same property.
(b) Accessto a “swimming pool”may be controlled by a combination of building(s) and fencing, or by a fence alone; all gates accessing and enclosure shall be equipped with self-closing, self-
latching devices placed at the top and on the inside of the gate.
(c) An enclosure or other structure (including gates and doors) intended to control access to a “swimming pool”, shall be a minimum of five (5) feet in height from grade, and shall be so
constructed as to prevent easy access through, under, or over it and, in the case of an above-
ground type of “swimming pool”, may include an extension to the sides of the pool structure and enclosing the step area at grade.
3. BUILDING PERMITS REQUIRED
(a) Pursuant to the Provincial Building Code Act Section 7 (1), a building permit for a “swimming pool” shall be required.
(b) To obtain a permit, plans and specifications must be submitted to the Building Inspector. If it appears that the plans and specifications are in conformitywith the requirements of this By- Law and all other applicable laws, the Building Inspector shall issue a building permit.
4. EFFECTIVE DATE
(a) This By-Law shall have effect, with respect to all new swimming pools, on the date it is approved by the Minister of Municipal Affairs.
(b) This By-Law shall have effect, with respect to all existing swimming pools, on the sixtieth day after the date it is approved by the Minister of Municipal Affairs.
5. INFORMATION
The Building Inspector shall provide any person applying for a permit to construct, alter or enclose a swimming pool with a copy of this By-law and with any information sheet respecting applicable conditions,which information sheet maybe in the form hereto annexed as Schedule “A”, or to the like effect, with such additional detail or altered to meet changes in circumstances or legislation as the building inspector may determine.
6. PENALTIES
(a) Pursuant to Section 194, subsections (1) and (2) of the Municipal Act: anyone who violates any of the provisions for fences and gates in this By-Law shall, on summary conviction, be liable to a maximum penalty not exceeding one thousand ($1,000.00) dollars and in default or payment thereof, to be imprisoned for a maximum penalty not exceeding one hundred ($100.00) dollars and in default of payment thereof, to be imprisoned for a minimum period not exceeding ten (10) days.
(b) Pursuantto the Planning Act andthe Provincial Building Code Act, otherpenalties may apply.
THIS IS TO CERTIFY that the By-Law of
which the foregoing is a true copy was duly
passed a duly called meeting of the Municipal
Council of the County of Antigonish duly held
on the 15 th day of December A.D., 1987.
GIVEN under the hand of the Clerk and under
the corporate seal of the Municipality of the
County of Antigonish this 17 th day of
December, A.D., 1987.
Alan J. Bond, Municipal Clerk
SCHEDULE “A”
SWIMMING POOL REGULATIONS
Swimming pools in the County of Antigonish are regulated under a number of different provisions. The Building Inspector responsible for the administration of most of these, can help you ensure that your pool meets the necessary requirements.
1. Swimming Pool By-Law
The Swimming Pool By-Law requires all pools (including existing pools not just new ones) to be adequately enclosed. A copy of this By-Law is attached.
2. Building Code
The Provincial Building Code Act and regulations prescribe minimum standards for construction of swimming pools, fences and gates.
3. Land-Use By-Law
ThePlanning Act enables municipalities to regulate thelocationof swimmingpools inlets;pools must comply with the prescribed set backs described in the Land-Use By-Law for the relevant zone.
Penalties for infringing these regulations are set out in the Swimming Pool By-Law
July 21, 2007
Halifax RM Councillors
Keep our children safe ! Please contact inspector and your local Councillor to report unsafe pool conditions in your neighbourhood.
Ed Atkinson
Supervisor, Permits and Inspections
Halifax Regional Municipality Community Development
Phone: 902- 869-4007
E-mail: atkinse@halifax.ca
Halifax Regional Municipality: http://www.halifax.ca/districts/index.html
Mayor Peter Kelly kellyp@halifax.ca
District 1 - Steve Streatch
Eastern Shore - Musquodoboit Valley Map
District 2 - Krista
Snow Waverley - Fall River - Beaver Bank Map
District 3 - David Hendsbee
Preston-Lawrencetown-Chezzetcook Map
District 4 - Harry McInroy
Cole Harbour Map
District 5 - Gloria McCluskey
Dartmouth Centre Map
District 6 - Andrew Younger
East Dartmouth - The Lakes Map
District 7 - Bill Karsten
Portland - East Woodlawn Map
District 8 - Becky Kent
Woodside - Eastern Passage Map
District 9 - Jim Smith
Albro Lake - Harbourview Map
District 10 - Mary Wile
Clayton Park West Map
District 11 - Patrick Murphy
Halifax North End Map
District 12 - Dawn Sloane
Halifax Downtown Map
District 13 - Sue Uteck
Northwest Arm-South End Map
District 14 - Sheila Fougere
Connaught - Quinpool Map Map
District 15 - Russell Walker
Fairview - Clayton Park Map
District 16 - Debbie Hum
Rockingham - Wentworth Map
District 17 - Linda Mosher
Purcell's Cove - Armdale Map
District 18 - Stephen Adams
Spryfield - Herring Cove Map
District 19 - Brad Johns
Middle and Upper Sackville - Lucasville Map
District 20 - Bob Harvey
Lower Sackville Map
District 21 - Gary Martin
Bedford Map
District 22 - Reg Rankin
Timberlea - Prospect Map
District 23 - Gary Meade
Hammonds Plains - St. Margaret's Map
Ed Atkinson
Supervisor, Permits and Inspections
Halifax Regional Municipality Community Development
Phone: 902- 869-4007
E-mail: atkinse@halifax.ca
Halifax Regional Municipality: http://www.halifax.ca/districts/index.html
Mayor Peter Kelly kellyp@halifax.ca
District 1 - Steve Streatch
Eastern Shore - Musquodoboit Valley Map
Musquodoboit Valley Office: (902)384-2109
Eastern Shore Office: (902)889-4010
Cell: (902)497-2995
Fax: (902)384-3900
Email: streats@halifax.ca
District 2 - Krista
Snow Waverley - Fall River - Beaver Bank Map
Work: (902)860-1206
Cell: (902)476-7206
Fax: (902)860-0833
Email: snowk@halifax.ca
District 3 - David Hendsbee
Preston-Lawrencetown-Chezzetcook Map
Work: (902)829-2465
Cell: (902)483-0705
Fax: (902)829-3620
Email: hendsbd@halifax.ca
District 4 - Harry McInroy
Cole Harbour Map
Work: (902)462-6178
Cell: (902)221-4805
Fax: (902)462-6175
Email: harry.mcinroy@halifax.ca
District 5 - Gloria McCluskey
Dartmouth Centre Map
Phone: (902)490-7033
Cell: (902)476-1667
Fax: (902)490-4871
Email: mcclusg@halifax.ca
District 6 - Andrew Younger
East Dartmouth - The Lakes Map
Office: (902) 490-7035
Cellular: (902) 476-1727
Fax: (902) 490-5983
E-mail: andrew.younger@halifax.ca
District 7 - Bill Karsten
Portland - East Woodlawn Map
Work: (902)490-7032
Cell: (902)476-1855
Fax: (902)490-5482
Email: karsteb@halifax.ca
District 8 - Becky Kent
Woodside - Eastern Passage Map
Work: (902)490-7029
Cell: (902)476-1836
Fax: (902)490-5444
Email: kentb@halifax.ca
District 9 - Jim Smith
Albro Lake - Harbourview Map
Work: (902)490-4692
Cell: (902)229-8887
Fax: (902)490-4743
Email: smithj@halifax.ca
District 10 - Mary Wile
Clayton Park West Map
Work: (902)490-7028
Cell: (902)476-2048
Fax: (902)490-5487
Email: wilema@halifax.ca
District 11 - Patrick Murphy
Halifax North End Map
Cell: (902)476-2238
Office: (902)490-7031
Fax: (902)490-4122
Email: murphyp@halifax.ca
District 12 - Dawn Sloane
Halifax Downtown Map
Work: (902)490-4752
Cell: (902)488-4812
Fax: (902)490-4759
Email: sloaned@halifax.ca
District 13 - Sue Uteck
Northwest Arm-South End Map
Cell: (902)221-7651
Fax: (902)490-6013
Email: utecks@halifax.ca
District 14 - Sheila Fougere
Connaught - Quinpool Map Map
Work: (902)-490-4087
Cell: (902)-452-3209
Fax: (902)-490-6354
Email: fougers@halifax.ca
District 15 - Russell Walker
Fairview - Clayton Park Map
Work: (902)443-8010
Cell: (902)497-7215
Fax: (902)443-6513
Email: walkerr@halifax.ca
District 16 - Debbie Hum
Rockingham - Wentworth Map
Work: (902)490-6807
Cell: (902)476-7212
Fax: (902)490-5124
Email: humd@halifax.ca
District 17 - Linda Mosher
Purcell's Cove - Armdale Map
Home Office: (902)477-8618
Cell: (902)476-4117
Fax: (902)479-4680
Email: mosherl@halifax.ca
District 18 - Stephen Adams
Spryfield - Herring Cove Map
Home: (902)477-0627
Cell: (902)497-8818
Fax: (902)479-4252
Email: adamss@halifax.ca
District 19 - Brad Johns
Middle and Upper Sackville - Lucasville Map
Work: (902)476-1234
Fax: (902)869-4749
Email: brad.johns@halifax.ca
District 20 - Bob Harvey
Lower Sackville Map
Work: (902)-864-4160
Cell: (902)488-4820
Fax: (902)869-4031
Email: harveyb@halifax.ca
District 21 - Gary Martin
Bedford Map
Cell: (902) 476-0021
Fax: (902) 490-5399
Email: martinga@halifax.ca
District 22 - Reg Rankin
Timberlea - Prospect Map
Work: (902)876-0146
Cell: (902)499-3744
Fax: (902)876-4304
Email: rankinr@halifax.ca
District 23 - Gary Meade
Hammonds Plains - St. Margaret's Map
Work: (902)826-3336
Cell: (902)476-4123
Fax: (902)826-3337
Email: meadeg@halifax.ca
Halifax RM Councillor District 6 Andrew Younger: Inflatable Pool Safety Risk
News Release
Inflatable Pools May Pose Safety Risks
(Thursday, July 7/05)
HRM District 6 Councillor Andrew Younger is concerned about safety issues regarding the growing number of inflatable swimming pools in his area.
Councillor Younger said parents are reminded that pools over two feet deep and 100 square feet of surface area must meet the requirements of HRM’s pool by-law, which requires municipal permits and safety fencing.
Swimming Pool By-law (S-700) defines a pool for the purposes of regulation as any artificial body of water outside a building over 24 inches in depth and with over 100 square feet of surface area. [Correction ! - quote from bylaw: "swimming pool" means an artificial body of water outside a building, excluding ponds, having more than 100 square feet of surface area that is designed or intended to be used for swimming purposes and contains or is capable of containing a water depth of more than 24 inches. (This means draining to a depth of 24 inches DOES NOT EXEMPT compliance to this by-law!) ] Pools meeting this criteria require both a municipal development permit and a building permit and are subject to fencing and other requirements of the by-law.
“Pools are great fun for children and others, but we certainly don’t want to read about any backyard pool fatalities this summer. Safety fencing prevents toddlers and children from gaining access to these pools when adults are not around and therefore, reduces the risk of accident or drowning,” he said.
For more information on By-law S-700, visit the HRM website at www.halifax.ca/legislation/bylaws/hrm/bls700.pdf
[Also see easier to read highlighted version http://novascotiapoolsafety.blogspot.com/2007/07/halifax-regional-municipality-by-law.html ]
–30--
Councillor Andrew Younger(902) 476-1727
Inflatable Pools May Pose Safety Risks
(Thursday, July 7/05)
HRM District 6 Councillor Andrew Younger is concerned about safety issues regarding the growing number of inflatable swimming pools in his area.
Councillor Younger said parents are reminded that pools over two feet deep and 100 square feet of surface area must meet the requirements of HRM’s pool by-law, which requires municipal permits and safety fencing.
Swimming Pool By-law (S-700) defines a pool for the purposes of regulation as any artificial body of water outside a building over 24 inches in depth and with over 100 square feet of surface area. [Correction ! - quote from bylaw: "swimming pool" means an artificial body of water outside a building, excluding ponds, having more than 100 square feet of surface area that is designed or intended to be used for swimming purposes and contains or is capable of containing a water depth of more than 24 inches. (This means draining to a depth of 24 inches DOES NOT EXEMPT compliance to this by-law!) ] Pools meeting this criteria require both a municipal development permit and a building permit and are subject to fencing and other requirements of the by-law.
“Pools are great fun for children and others, but we certainly don’t want to read about any backyard pool fatalities this summer. Safety fencing prevents toddlers and children from gaining access to these pools when adults are not around and therefore, reduces the risk of accident or drowning,” he said.
For more information on By-law S-700, visit the HRM website at www.halifax.ca/legislation/bylaws/hrm/bls700.pdf
[Also see easier to read highlighted version http://novascotiapoolsafety.blogspot.com/2007/07/halifax-regional-municipality-by-law.html ]
–30--
Councillor Andrew Younger(902) 476-1727
POOL BY LAW: HALIFAX REGIONAL MANICUPALITY: (HRM)
HALIFAX REGIONAL MUNICIPALITY
BY-LAW NUMBER S-700
RESPECTING SWIMMING POOLS
BY-LAW NUMBER S-700
RESPECTING SWIMMING POOLS
BE IT ENACTED by the Council of the Halifax Regional Municipality, under the authority of
Section 172(1) of the Municipal Government Act as follows:
1. SHORT TITLE
This By-law shall be known as Bylaw Number S-700 and may be cited as the "Swimming Pool By-law"
2. INTERPRETATION
In this By-law:
(a) "Council" means the community council serving the area where the pool is to be constructed or, where there is no community council serving the area where the pool is to be constructed, Halifax Regional Municipality Council.
(b) "Inspector" means the Building Inspector for Halifax Regional Municipality, and any By-law Enforcement Officers authorized by the Inspector to act in his or her stead to administer this by-law.
(c) "swimming pool" means an artificial body of water outside a building, excluding ponds, having more than 100 square feet of surface area that is designed or intended to be used for swimming purposes and contains or is capable of containing a water depth of more than 24 inches. [This means draining to a depth of 24 inches DOES NOT EXEMPT compliance to this by-law!]
3. COMPLIANCE REQUIRED
It shall be unlawful to construct, maintain, install or enlarge any swimming pool in Halifax Regional Municipality except in compliance with all the provisions of this by-law.
4. PERMIT REQUIRED
It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any private residential swimming pool and appurtenances within Halifax Regional Municipality unless a development permit and building permit therefor has been obtained.
5. LOCATION
(1) No portion of a swimming pool, pumps, filters or pool water disinfection equipment installations shall be located closer than four feet from any side or rear property line.
(2) No portion of a swimming pool, pumps, filters or pool water disinfection equipment installations shall be located closer to any street line less than the distance applicable to the main building as set out in the land use by-law for the area in which the pool is located.
(3) No portion of a swimming pool, pumps, filters or pool water disinfection equipment installations shall be located closer to any watercourse than the distance applicable to a main building or accessory building, whichever is less, as set out in the land use by-law for the area in which the pool is located
6. VARIANCE
(1) A development officer may grant a variance to the requirements set out in Section 5.
(2) A variance may not be granted where the
(a) variance violates the intent of the land-use by-law;
(b) difficulty experienced is general to properties in the area; or
(c) difficulty experienced results from an intentional disregard for the requirements of the land-use by-law.
(3) Within seven days after granting a variance, the development officer shall give notice in writing of the variance granted to every assessed owner whose property is within 100 feet of the applicant's property.
(4) The notice shall
(a) describe the variance granted;
(b) identify the property where the variance is granted; and
(c) set out the right to appeal the decision of the
development officer.
(5) Where a variance is granted, a property owner served a notice may appeal the decision to the council within fourteen days after receiving the notice.
(6) Where a variance is refused, the applicant may appeal the refusal to council within seven days after receiving notice of the refusal, by giving written notice to the clerk who shall notify the development officer.
(7) Where an applicant appeals the refusal to grant a variance, the clerk or development officer shall give seven days written notice of the hearing to every assessed owner whose property is within 100 feet of the applicant's property.
(8) The notice shall
(a) describe the variance applied for and the reasons for its refusal;
(b) identify the property where the variance is applied for; and
(c) state the date, time and place when council will hear the appeal.
(9) Where a council hears an appeal from the granting or refusal of a variance, the council may make any decision that the development officer could have made.
(10) A development officer shall issue a development permit for any development for which a variance has been granted and which otherwise complies with a land-use by-law if
(a) the appeal period has elapsed and no appeal has been commenced; or
(b) all appeals have been abandoned or disposed of or the variance has been affirmed by the council.
(11) A council may by resolution provide that any person applying for a variance shall pay the municipality the cost of
(a) notifying affected land owners;
(b) posting a sign.
7. PREVENTION OF UNAUTHORIZED ACCESS
(1) All swimming pools shall be completely separated from adjacent properties by an obstruction such as a fence, building, deck or similar structure.
(2) The enclosure shall be constructed to prevent unauthorized access by providing a vertical obstruction having a minimum height of five feet with no opening exceeding four inches in width or height and no member shall be constructed to facilitate climbing.
(3) For greater certainty, the sidewalls of an above ground pool shall not form part of the enclosure as required by clause (1).
(4) Except from within a building, all openings into a pool area enclosure shall be equipped with gates having self closing, self latching mechanisms.
8. CONFLICT WITH LAND USE BY-LAWS
In case of conflict between the provisions of this by-law and the provisions of any land use bylaw, the provisions of this by-law shall prevail except where this by-law specifies that the provisions of the land use by-law apply.
9. PENALTY
(1) Every person who contravenes or fails to comply with any provision of this by-law shall for such offence be liable on conviction to a penalty of not less than One Hundred Dollars and not exceeding One Thousand Dollars, and in default of payment to imprisonment not exceeding two months and, in addition may be ordered by the Inspector to demolish and remove, alter or remedy any swimming pool constructed, altered or repaired contrary to the provisions of this by-law.
(2) In addition to any fine or imprisonment imposed pursuant to this section, the Court or judge may order the person convicted to pay all expenses incurred in correcting the contravention of the by-law or any damages associated with such contravention.
(3) Where any person is in contravention of any provision of this by-law, the Inspector may direct in writing that the contravention be remedied by that person in the manner and within the time specified in the written direction.
10. REPEAL OF BY-LAWS
The City of Dartmouth Swimming Pool By-law S-1600 and Halifax County Municipality
Swimming Pool By-law #52 as amended are hereby repealed.
Done and passed in Council this 22nd day of January, 2002.
___________________________________
Mayor
___________________________________
Municipal Clerk
I, Vi Carmichael, Municipal Clerk of the Halifax Regional Municipality, hereby certify that the abovenoted by-law was passed at a meeting of Halifax Regional Council held on January 22, 2002.
Notice of Motion: October 30, 2001
First Reading: November 6, 2001
“Notice of Intent to Consider” Publication: January 5, 2002
Second Reading: January 22, 2002
Effective Date: January 26 , 2002
______________________________________________________________________________
Amendment No. 1 (V-100)
Addition to Section 9
Notice of Motion: May 27, 2003
First Reading: June 10, 2003
“Notice of Public Hearing” Publication June 14, 2003
Second Reading: July 8, 2003
Effective Date: July 12, 2003
1. Recommendations
Recommendations
- We need PROVINCIAL LAW concerning pools and fencing for pools. Many areas in NS have NO by-laws concerning pools and fencing ! This should be an embarrassment to the municipalities and counties not included. If a bylaw for your area is not posted on this website it is because no bylaw was posted on the municipal and county websites posted by the Nova Scotia government on http://www.gov.ns.ca/snsmr/muns/link/ . I encourage you to contact your local government to lobby for regulations if you have none and I encourage all to lobby your MLAs for provincial regulations. Links for contact information for your MLAs can be found at http://www.ndpcaucus.ns.ca/profiles.asp , http://www.nsliberalcaucus.com/mlaoverview.asp , http://www.pccaucus.ns.ca/
- We need PROACTIVE POOL INSPECTION ! See what a town in Quebec is doing about this at http://novascotiapoolsafety.blogspot.com/search/label/Cracks%20Down%20on%20Swimming%20Pool%20Safety%20Violations
- Ordinary citizens must speak up and report unsafe pool situations. We all all responsible for the safety of our children in our neighbourhoods and none of us wants to be responsible for the death of a child because we failed to speak out.
- Satellite photos available on the intenet could help inspectors find these illegally installed pools.
- The capacity of a pool to hold 24 or even 12 inches of water to be included under government regulations is NOT acceptable. Children die in only 1 inch of water !
- Kiddie and wading pools should be included in government regulations requiring such pools to be emptied when not being used or supervised.
- Stores need to take more responsibility when selling these pools. Government registration at place of purchase would be a good idea with customers identifying location of installation with an automatic follow-up inspection by government inspectors.
- We need to bring back government funding for children's programing in the summer. For example the playground program.
- With the weather getting hotter, we should be seriously thinking about government sponsored outdoor pools. There have been such pools in Saskatchwan, Alberta, and Quebec for generations.
- We need to look at options for reopening supervised swimming in lakes that have been closed and examine options to open others - For example Graham's Grove in Dartmouth.
National Drowning Prevention Week: Provincial Regulations
Canada’s National Drowning Prevention Week: Drowning Danger Hits Peak this Week: Quebec Seeks Provincial Regulations for Pool Regulations
Phil Couvrette, CanWest News Service
Published: Sunday, July 15, 2007
Canadians seeking refuge from the dog days of summer at water's edge take note: This week is the peak time for drownings in Canada.
National Drowning Prevention Week, which starts today, is situated smack in the middle of July for a good reason. This is the month of the year that sees the most drownings in Canada, said Suzanne Gorman, executive director of the Lifesaving Society.
Drowning, according to the Lifesaving Society, is the third leading cause of unintentional death for Canadians under the age of 60 and it takes 400 victims every year.
A majority of the victims drown in natural bodies of water and are male, many of whom never intended to hit the water, Gorman explained.
"Over seventy per cent are male," she said. "Less than one-third of the victims intended to get wet, which means they're usually in a boat, fishing or in land transportation or walking along rivers' edges."
More than 75 per cent of drownings occur in natural bodies of water such as rivers, lakes and oceans.
A little more than five per cent happen in backyard pools, five times more than in public pools.
"For children, our recommendations to parents is to keep them within arm's reach," Gorman said. "It only takes a moment for things to go from perfectly fine to trouble." Safety advocates also say wearing a lifejacket and leaving alcohol at home when going on boating trips, as well as following a lifeguarding course, can go a long way toward avoiding tragedies.
While drownings occur across the country, the issue has made its way onto Quebec's political landscape thanks to a few high-profile cases.
Tabled in June, Quebec's bill 18 would standardize province-wide norms for pool safety that currently vary from one municipality to another. The bill is aimed at private pools where on average 11 drownings happen every year in the province -- the worst record in the country. Of those deaths, half involve children under five.
"It's important to control access to private pools," said Raynald Hawkins of the Quebec Lifeguarding Society.
Gorman says the bill, which she believes is a first in Canada, is being closely followed.
The Union of Quebec Municipalities applauded bill 18 but stressed cities and towns shouldn't bear the cost of improving residential pool safety alone.
It said pool-makers, stores, installers and insurance companies need to share the costs.
© CanWest News Service 2007
Cracks Down on Swimming Pool Safety Violations
Hampstead Cracks Down on Swimming Pool Safety Violations
(some great ideas for Nova Scotia)
Article online since June 28th 2007, 14:12 from The Chronicle West End Edition, Serving English Montreal since 1925
http://www.westendchronicle.com/article-117730-Hampstead-cracks-down-on-swimming-pool-safety-violations.html
BY MARTIN C. BARRY
BY MARTIN C. BARRY
The Town of Hampstead is taking measures to ensure safety by residents who own swimming pools — starting with rigid enforcement of existing municipal regulations.
At town council's monthly public meeting on May 7, a revised version of a pool safety bylaw was tabled and passed with at least one important amendment.
“All we really did was to change a warning to a fine," said Councillor Bonnie Feigenbaum, summing up Hampstead's new zero tolerance towards anyone who fails to meet the safety requirements for pool safety.
“We're not taking any chances," said Feigenbaum. "We're a community that has a growing number of home pools … Safety has to take precedence … It's not three strikes and you're out … One strike and you're fined."
According to Feigenbaum, Hampstead town council was working on the updated bylaw since last year. "We're lucky that we didn't have to react," she said, noting the tougher stance was not the result of any pool-related accidents. "We have taken a pro-active stance from the beginning.”
Mayor William Steinberg said council's most immediate concern was that pool gates would remain firmly closed if there are adults watching over children, and locked when no adults are present. "That, of course, is to prevent a tragedy from possibly happening," he said.
“We haven't had any in Hampstead and we don't want to have any. We now have this bylaw in place, which allows us, if an officer sees a gate open or closed but not locked and nobody around, to issue a ticket right away.”
Previously, Hampstead's rules about gates were in the town's zoning bylaw and did not make provision for immediate enforcement. "That is one of the motivating factors for making this separate bylaw," added Steinberg.
Among some of the bylaw's stipulations, it forbids the installation of slides or diving platforms for above-ground pools. For in-ground pools, diving platforms must be a maximum one metre above the surface of the water, where the water depth is at least three metres.”
While permanent lighting is mandatory at pools used at night, the light cannot be directed onto neighbours' property, nor can it be switched on between 11 p.m. and 7 a.m. A pool must also be completely surrounded by a fence not less than six feet high at all points. Any gate providing access to a pool must be provided with a self-latching device situated on the interior side of the enclosure.”
The latch must be locked with a key or a padlock when the pool is not under the direct supervision of an adult.”
Persons who contravene provisions of the pool bylaw are subject to fines ranging from $500 and $1,000 on a first offence, up to $2,000 for any subsequent offences. The fines are twice as high for organizations.
Child’s Death and Another’s Near Drowning
[Child’s Death and Another’s] Near Drowning Reminder of Pool Safety
http://www.kvbc.com/Global/story.asp?S=6610531&nav=15MV
June 4, 2007 09:17 PM
A 3-year-old boy is on life support after falling into his family's pool. It happened Sunday at a home near Jones and Cheyenne. Police say he was left alone for just a few moments when he fell into the pool.
On average, authorities say they respond to ten drownings a year here in the valley. Which is why water safety is so important, especially for families who have pools in their backyards.
Experts can't stress the ABC&D's of water safety enough:
A - Adult supervision
B - Barriers, which include fences and gates
C - Classes: Swimming classes for the kids and CPR for mom and dad.
D - Devices, such a life jackets and keeping a phone nearby.
For one local couple getting the message across to parents is very personal.
"Timmy was out playing out in the backyard," Lonnie Noble explains. "We had an above ground pool and we had no ladder to the pool assuming that it was safe; that he wouldn't get in."
But 18-month-old Timmy did manage to get into the pool. "He was floating in the pool and I pulled him out and started CPR," Lonnie says. "Timmy lived for eight years. He was severely handicapped due to the lack of oxygen to the brain. He was pretty much like an infant child."
It's been nineteen years since that tragic accident and nine since Timmy passed away.
At the time of the accident, Joe Noble was a deputy fire marshal for the Clark County Fire Department and the Nobles now make it their mission to get the word out about water safety. The Nobles are all for putting up safety barriers around the pool but stress there's no substitute for constant adult supervision.
For parents who think it can't happen to them, the Nobles have this message:
"I guess we would be one of those parents who said it wasn't going to happen that's why we took the ladder out of the pool we felt the pool was a safer place."
The Nobles also want to remind parents that your pool isn't the only place a child can drown at home. Bath tubs and even buckets of waters are also threats.
It's also important to remember that drownings don't only happen during the summer months. Which is why constant adult supervision year round is so important.
The ABC and D's of Drowning Prevention
The ABC & D's of Drowning Prevention : Simple Rules to Stay Safe Around Water
http://www.kvbc.com/Global/story.asp?S=6610531&nav=15MV
Drownings can be prevented:
- The most common drowning victim is a child four years of age or younger.
- The majority of drowning deaths occur in the family pool with 70 percent of the incidents occurring between 2 p.m. and 8 p.m.
- Contrary to what many people believe, drowning is a quick and silent killer. In the time it takes to:
A = Adult Supervision
Drowning is a leading cause of unintentional death for young children. Constant adult supervision is essential in preventing childhood drownings. These tragedies often occur while a caregiver is at home and there is a brief lapse in supervision.
A drowning can occur in seconds, in any water which covers a child's nose and mouth including:
Always remember to:
- Designate an adult who can swim to actively supervise children around water.
- Teach all children to get out of the water if a supervising adult leaves the pool area.
- Hire a certified lifeguard for pool parties, beach barbecues or social gatherings around water.
- Maintain visual contact. Remain close to your child when in a pool, spa, or bathtub.
- Drain small kiddie pools when not in use.
B = Barriers (for your pool)
Installation and proper use of barriers or "Layers of Protection" is crucial. Many victims were last seen safe inside the home.
Layers of Protection
- Perimeter fences must be non-climbable, four sided, and a minimum of 60 inches high.
- Isolation fences must separate the pool/hottubs from the residence. They must be non-climbable, four-sided and a minimum of 48 inches high. A 60 inch high fence is recommended.
- Self-closing, self-latching fence gates. Latches must be mounted above the reach of small children. Gates must open away from pool. Contact your local building department for specific requirements.
- Gates must be closed and never propped open. When a pool is not in use gates must be locked with a combination lock so small children cannot get the key to open.
- Hot tub safety covers that support the weight of an adult must be locked to protect spa when not in use.
- Doggie doors must be alarmed or secured. A crawling baby can exit through a doggie door and drown in an unprotected pool.
- Power operated pool covers provide safety and are easy to use. Solar/floating pool covers are not safety covers and do not provide adequate protection. Children can slip underneath and become trapped out of site.
- Doors/windows leading to pool/hot tubs must be alarmed to alert family members when opened.
- Doors/windows/gates must be locked. Doors/gates must also be self-closing and self-latching.
- Tables/chairs/planters must be moved away from pool fence and secured so they cannot be used for climbing over fence.
C = Classes (swim lessons & CPR)
The responsibility of pool/spa ownership is to ensure family members learn to swim and know CPR (cardiopulmonary Resuscitation). Swim lessons are a gift for life. Swimming mastery includes the ability to perform various strokes.
The rules of the water:
- Each year, enroll children in age appropriate year round swim lessons taught by qualified instructors to maintain swimming skills. Non-swimming family members need lessons too.
- Never consider children "drown-proof" or "water-safe" despite age, swimming skills, previous lessons or experience. This may lead to a lack of supervision or a false sense of security.
- CPR skills save lives and prevent brain damage by maintaining a person's breathing/heartbeat until medical assistance arrives.
- Require parents, grandparents and care givers to know CPR, rescue techniques and how to call 9-1-1.
- Take refresher courses to help maintain CPR skills.
D = Devices (PFD's, life jackets and rescue tools)
- Create a safe pool environment. Be prepared and practice lifesaving procedures prior to an emergency situation.
- Lifesaving ring, shepherd's hook, and CPR instructions should be mounted at pool side. Rescue equipment must be accessible and in good repair.
- A pool side phone is an essential part of a safe pool environment which allows access to 9-1-1 and avoids leaving children unattended to answer the phone.
- Post 9-1-1 emergency number, home phone number and home address at every telephone.
- Install a toy box away from the pool. Toys in or around pool/spa entice children to that area.
- All pool and boat owners must know reaching assist techniques.
- Children and non-swimmers must wear personal flotation devices (PFD or life jacket) which are government approved around any body of open water.
- Floaties or inflatable toys are not designed to be used as a PFD/life-jacket or substitute for adult supervision.
http://www.kvbc.com/Global/story.asp?S=6610531&nav=15MV
Drownings can be prevented:
- The most common drowning victim is a child four years of age or younger.
- The majority of drowning deaths occur in the family pool with 70 percent of the incidents occurring between 2 p.m. and 8 p.m.
- Contrary to what many people believe, drowning is a quick and silent killer. In the time it takes to:
Get a towel (10 seconds) - a child can become submergedA = Adult Supervision
Answer the phone (2 minutes) - a child can lose consciousness
Answer the front door (4-6
minutes) - a submerged child can
sustain permanent brain damage or die
B = Barriers (for your pool)
C = Classes (swim lessons & CPR)
D = Devices (PFD's, life jackets, rescue tools, and poolside phone)
A = Adult Supervision
Drowning is a leading cause of unintentional death for young children. Constant adult supervision is essential in preventing childhood drownings. These tragedies often occur while a caregiver is at home and there is a brief lapse in supervision.
A drowning can occur in seconds, in any water which covers a child's nose and mouth including:
Pools - including kiddie
pools
Hottubs
Inflatable pools
Bathtubs
Toilets
Buckets
Natural bodies of water
Always remember to:
- Designate an adult who can swim to actively supervise children around water.
- Teach all children to get out of the water if a supervising adult leaves the pool area.
- Hire a certified lifeguard for pool parties, beach barbecues or social gatherings around water.
- Maintain visual contact. Remain close to your child when in a pool, spa, or bathtub.
- Drain small kiddie pools when not in use.
B = Barriers (for your pool)
Installation and proper use of barriers or "Layers of Protection" is crucial. Many victims were last seen safe inside the home.
Layers of Protection
- Perimeter fences must be non-climbable, four sided, and a minimum of 60 inches high.
- Isolation fences must separate the pool/hottubs from the residence. They must be non-climbable, four-sided and a minimum of 48 inches high. A 60 inch high fence is recommended.
- Self-closing, self-latching fence gates. Latches must be mounted above the reach of small children. Gates must open away from pool. Contact your local building department for specific requirements.
- Gates must be closed and never propped open. When a pool is not in use gates must be locked with a combination lock so small children cannot get the key to open.
- Hot tub safety covers that support the weight of an adult must be locked to protect spa when not in use.
- Doggie doors must be alarmed or secured. A crawling baby can exit through a doggie door and drown in an unprotected pool.
- Power operated pool covers provide safety and are easy to use. Solar/floating pool covers are not safety covers and do not provide adequate protection. Children can slip underneath and become trapped out of site.
- Doors/windows leading to pool/hot tubs must be alarmed to alert family members when opened.
- Doors/windows/gates must be locked. Doors/gates must also be self-closing and self-latching.
- Tables/chairs/planters must be moved away from pool fence and secured so they cannot be used for climbing over fence.
C = Classes (swim lessons & CPR)
The responsibility of pool/spa ownership is to ensure family members learn to swim and know CPR (cardiopulmonary Resuscitation). Swim lessons are a gift for life. Swimming mastery includes the ability to perform various strokes.
The rules of the water:
- Each year, enroll children in age appropriate year round swim lessons taught by qualified instructors to maintain swimming skills. Non-swimming family members need lessons too.
- Never consider children "drown-proof" or "water-safe" despite age, swimming skills, previous lessons or experience. This may lead to a lack of supervision or a false sense of security.
- CPR skills save lives and prevent brain damage by maintaining a person's breathing/heartbeat until medical assistance arrives.
- Require parents, grandparents and care givers to know CPR, rescue techniques and how to call 9-1-1.
- Take refresher courses to help maintain CPR skills.
D = Devices (PFD's, life jackets and rescue tools)
- Create a safe pool environment. Be prepared and practice lifesaving procedures prior to an emergency situation.
- Lifesaving ring, shepherd's hook, and CPR instructions should be mounted at pool side. Rescue equipment must be accessible and in good repair.
- A pool side phone is an essential part of a safe pool environment which allows access to 9-1-1 and avoids leaving children unattended to answer the phone.
- Post 9-1-1 emergency number, home phone number and home address at every telephone.
- Install a toy box away from the pool. Toys in or around pool/spa entice children to that area.
- All pool and boat owners must know reaching assist techniques.
- Children and non-swimmers must wear personal flotation devices (PFD or life jacket) which are government approved around any body of open water.
- Floaties or inflatable toys are not designed to be used as a PFD/life-jacket or substitute for adult supervision.
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