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.

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.

(2) Access to a swimming pool may be controlled by a combination of building(s) and fencing, or by a fence alone.

(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