Pool Enclosure By-Law 2013-39, Report to Planning

PLANNING COMMITTEE
REPORT 67
9 APRIL 2014
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COMITÉ DE L’URBANISME
RAPPORT 67
LE 9 AVRIL 2014
POOL ENCLOSURE BY-LAW 2013-39 – TECHNICAL AMENDMENTS
RÈGLEMENT N°2013-39 SUR LES ENCEINTES DE PISCINE –
MODIFICATIONS TECHNIQUES
COMMITTEE RECOMMENDATION
That Council approve amendments to the Pool Enclosure By-law No. 201339, as detailed in Column II of Document 1.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve des modifications au Règlement n°2013-39 sur les
enceintes de piscine, comme le précise le document 1, colonne II.
DOCUMENTATION / DOCUMENTATION
1.
Deputy City Manager's report, Planning and Infrastructure, dated
26 February 2014 (ACS2014-PAI-PGM-0077).
Rapport de la directrice municipale adjointe, Urbanisme et Infrastructure, daté
le 26 février 2014 (ACS2014-PAI-PGM-0077).
PLANNING COMMITTEE
REPORT 67
9 APRIL 2014
COMITÉ DE L’URBANISME
RAPPORT 67
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Report to
Rapport au:
Planning Committee
Comité de l'urbanisme
and Council
et au Conseil
February 26, 2014
26 février 2014
Submitted by
Soumis par:
Nancy Schepers, Deputy City Manager / Directrice municipale adjointe, Planning
and Infrastructure / Urbanisme et Infrastructure
Contact Person
Personne ressource:
Arlene Grégoire, Director of Building Code Services and Chief Building Official /
Directrice des services du code du bâtiment et chef du service du code de
bâtiment, Planning and Growth Management / Urbanisme et Gestion de la
croissance
((613) 580-2424, 41425, [email protected]
Ward: CITY WIDE / À L'ÉCHELLE DE
LA VILLE
File Number: ACS2014-PAI-PGM-0077
SUBJECT: Pool Enclosure By-law 2013-39 – Technical Amendments
OBJET:
Règlement n°2013-39 sur les enceintes de piscine – Modifications
techniques
REPORT RECOMMENDATIONS
That the Planning Committee recommend Council approve amendments to the
Pool Enclosure By-law No. 2013-39, as detailed in Column II of Document 1.
PLANNING COMMITTEE
REPORT 67
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COMITÉ DE L’URBANISME
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LE 9 AVRIL 2014
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver des
modifications au Règlement n°2013-39 sur les enceintes de piscine, comme le
précise le document 1, colonne II.
BACKGROUND
A new Pool Enclosure By-law was enacted on February 13, 2013 following a
comprehensive review and consultation on the regulations for pool enclosures to update
the requirements and improve clarity, consistency and enhanced standards for public
safety.
With the application of the new Pool Enclosure By-law over the 2013 pool season, staff
and permit holders have provided feedback on minor technical inconsistenciess and
provisions that should be addressed to improve the effectiveness of the By-law.
DISCUSSION
This report identifies amendments to correct the technical inconsistencies and
omissions. In addition to various editorial and consistency focused corrections, based
on reviews and inspections undertaken by the City the revisions incorporate
amendments that clearly support the intent of Council, as set out in the Report
ACS2012-PAI-PGM-0114, to require permits, in every instance, including replacement
enclosures, to ensure that all enclosures are compliant. These include a requirement for
a minimum spacing of horizontal rails in wood fences. The fees for the pool enclosure
permits are not affected by this report.
The suggested changes, which are minor in nature, and the reasons for those changes,
are found in Document 1.
RURAL IMPLICATIONS
The recommended changes are of a City-wide nature.
CONSULTATION
As the changes were minor and technical in nature and reflect the intent of Council,
there was no consultation undertaken.
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COMMENTS BY THE WARD COUNCILLORS
This is a City-wide report – not applicable.
LEGAL IMPLICATIONS
There are no legal impediments to implementing the recommendation of this report.
RISK MANAGEMENT IMPLICATIONS
The recommended amendments assist in mitigating risk. These risks have been
identified and explained in the report and are being managed.
FINANCIAL IMPLICATIONS
There are no direct financial implications.
ACCESSIBILITY IMPACTS
The recommendations have neither potential positive or negative impacts on
accessibility.
TECHNOLOGY IMPLICATIONS
Information Technology has approved this report without comments.
TERM OF COUNCIL PRIORITIES
The proposed changes to the Pool Enclosure By-law support Council’s Strategic Priority
– Healthy and Caring Communities: “Help all residents enjoy a high quality of life and
contribute to community well-being through healthy, safe, secure and accessible and
inclusive places”.
SUPPORTING DOCUMENTATION
Document 1 Details of Technical Amendments
DISPOSITION
Upon approval, the City Clerk and Solicitor Department will prepare the By-law
amendment for enactment by City Council.
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Document 1 – Details of Technical Amendments
Part 1 - Definitions
ITEM
PROPOSED AMENDMENT
RATIONALE
“Hot Tub”
Replace the existing definition with
the following: “means a type of pool,
which may or may not include a lid or
safety cover or jets of water; and shall
include tubs which are commonly
called ‘spas’ or ‘whirlpools’; ”, and
capitalize this definition throughout
the By-law
This amendment replaces
the words “a very large tub
filled with water” with “pool”
to incorporate and ensure
consistency with the
definition of “pool”, which
incorporates the term “hot
tub”. The words “or safety
cover” were also added as
further potential descriptors
of a hot tub.
“Permit”
Capitalize the defined term “Permit”
To distinguish the use of
and insert the capitalized term
“Permit” when referring to a
throughout the By-law where required. document issued under the
By-law from when it is used
as a verb within the
regulatory provisions of the
By-law.
Part 2 - Interpretation
ITEM
PROPOSED AMENDMENT
RATIONALE
Section 7
1. Replace the following phrase “is
declared by and Court” with “is
declared by any Court”.
1. Correction of spelling
error.
2. Replace the term “ultra virus” with
“ultra vires;”.
2. Correction to include
proper term.
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Part 4 - Permits
ITEM
PROPOSED AMENDMENT
RATIONALE
Section 14
1. Insert the following after
subsection (1) as subsection (2):
1. Presently, the By-law only
requires that “The replacement of
an enclosure shall comply with
this by-law”. However without a
clear requirement to obtain a
permit and arrange for
inspections, there is no ability to
ensure compliance. The permit
fee offsets the inspection costs
as the program is self funded.
The amendment ensures the
intent of Council.
“(2) All pool enclosures, including
replacement pool enclosures,
shall require a permit.”
Section 15
2. Renumber the existing
subsection (2) as subsection (3).
2. To ensure consistency in
numbering.
In subsection (c), after the word
“swales” include a comma and
add the term “wells”.
Plans submitted for pool
enclosure permits should show
the location of any existing wells.
While the Ontario Wells
Regulation - 903 (under the
Ontario Water Resources Act)
doesn’t specifically regulate
minimum setbacks between wells
and swimming pools, it does
regulate well installation, location
and proximity to contaminants
which would suggest that it would
be a best practice to identify the
location of a well prior to issuing
a pool enclosure permit.
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Part 6 – Enclosure Specifications
ITEM
PROPOSED AMENDMENT
RATIONALE
Section 21
In subsection 21(d) remove the
words “inside of the enclosure”.
Currently, the By-law requires
that all gates forming part of a
pool enclosure must be locked
from the inside. While this is not
problematic for enclosures with
three sides that surround a
building, it is impractical for
Owners with four sided
enclosures to lock the enclosure
from the inside. Minimum height
requirements for gates are
sufficient to prevent individuals
from accessing the lock whether
located on the inside or outside
of gate.
Section 29
1. In subsection (a) remove the
phrase “, unless it is a board on
board design whereby it may be
100mm”.
Currently the By-law does not
have a minimum spacing
requirement for horizontal rails on
wooden fences with the larger
permitted openings (board on
board fencing).This provision was
inadvertently missed and is a
common requirement for fences
with permitted larger openings
(up to 100 mm). Requiring the
horizontal rails to be spaced a
minimum of 1.2 metres apart will
prevent the potential of footholds
in such pool enclosures, which is
in line with Council’s intent of
preventing unauthorized and
unsupervised access to private
2.Insert a new subsection (b) as
follows:
“Where it is board on board design,
have spacing between the boards
which does not exceed 100 mm,
provided that there is a minimum
clear space of 1.2 metres between
the rails.”
3. Renumber remaining existing
subsections (b) to (e) as (c) to (f).
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PROPOSED AMENDMENT
RATIONALE
pools by children.
Part 7 – Compliance and Offences and Penalty Provisions
ITEM
PROPOSED AMENDMENT
RATIONALE
Section 45
Capitalize the first letter in the word
“Order”.
To ensure consistency of
terms throughout the Bylaw.
Section 46
Include a space after “Section 46:
Section 50
Capitalize all instances of the first letter of
the word “Order”.
To correct a formatting
error.
To ensure consistency of
terms throughout the Bylaw.
Section 52
In subsection (1) capitalize the first letter
of the word “Order”.
To ensure consistency of
terms throughout the Bylaw.
Section 57
Capitalize the first letter in the word
“Order”.
To ensure consistency of
terms throughout the Bylaw.
Part 9 - Repeal
ITEM
PROPOSED AMENDMENT
RATIONALE
To replace “Part 9” with “Part 8”
To correct the numbering of
the By-law.
PROPOSED AMENDMENT
RATIONALE
To replace “Part 10” with “Part 9”
To correct the numbering of
Part 10 - Transition
ITEM
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9
PROPOSED AMENDMENT
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RATIONALE
the By-law.
General
ITEM
PROPOSED AMENDMENT
RATIONALE
To make any required amendments and corrections to the numbering, spelling,
grammar, headings, and provisions of the By-law to ensure consistency and clarity, and
to give effect to the intent of Council.