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
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