PROVINCE OF QUEBEC TOWN OF HAMPSTEAD BY-LAW NUMBER 816 BY-LAW CONCERNING SWIMMING POOLS, HOT TUBS AND SPAS WHEREAS Notice of Motion of the present By-law was given at the Council Meeting held on July 6 th, 2015; ON AUGUST 3 RD 2015, THE COUNCIL DECREES AS FOLLOWS: 1. INTERPRETATIVE PROVISIONS 1.1 INTERPRETATION In this By-law, unless the context indicates otherwise, the following definitions apply: 1 swimming pool means a permanent or temporary artificially constructed outdoor basin, and on which the Regulation respecting safety in public baths (chapter B-1.1, r. 11) does not apply. As well, this term includes all types of swimming pools defined below including spas and hot tubs; 2 inground or semi-inground pool means a swimming pool that is partially or completely buried under the ground surface; 3 portable pool means a soft-sided swimming pool, inflatable or not, designed to be installed on a temporary basis; 4 aboveground pool means a hard-sided swimming pool installed permanently on the ground surface; 5 installation means a swimming pool and any equipment, construction, system and accessory designed to ensure proper functioning of the pool, to ensure the safety of persons or to allow or prevent access to the pool; 6 «Hot tubs and spas» mean exterior basin or tub equipped with underwater jets used for recreation or physical therapy. 2. APPLICATION 2.1 This By-law applies to the territory of the Town of Hampstead. 2.2 This By-law applies to all exterior swimming pools, interior swimming pools, covered swimming pools as well as hot tubs and spas: a) to those having a depth of water of 60 cm or more.
2.3 The Building Inspector and the Public Security Officers of the Town of Hampstead are entrusted with the enforcement of the present By-law and, for this purpose, to issue notices of infraction or statement of offence. They also have the authority to visit and examine all property in the Town to ascertain compliance with the provisions of the Bylaw. 3. PROHIBITION 3.1 No one may erect, build, install, alter or replace a swimming pool without first obtaining a permit to this effect. 3.2 Permits are issued by the Building Inspector or the Urban Planning Supervisor. 3.3 An application for a permit in compliance with the present By-law, together with the appropriate application fee in compliance with the Permits and Certificates By-law number 730, shall be presented to the Urban Planning Department. 4.1 SWIMMING POOL LOCATION 4.1 No swimming pool may be located, in whole or in part, between the street line and the front building line. In the case of corner lots, no swimming pool shall be located within the setback requirements of the secondary front yard. 4.2 The swimming pool must be located at a minimum distance, from any lot line, fence, accessory building or deck and from the main building, as measured from the exterior perimeter of the water surface. This minimum distance is established according to Zoning By-law. 4.3 Despite provisions of article 4.2, a spa or a hot tub may be located near to or on a deck but its access must be protected in accordance with the provisions of this By-law. 5 ELECTRICAL WIRES 5.1 It is prohibited to locate a swimming pool under electrical wires or at its proximity. All electrical wires must be located at a distance of at least 3.05 m calculated horizontally from the outside perimeter of the swimming pool. 6. OTHER PROVISIONS REGARDING SWIMMING POOLS 6.1 Aboveground pools shall not have a slide or diving platform. 6.2 Diving platforms for inground pools shall be installed at a maximum of 1 m above the surface of the water and where the depth of the water is at least 3 m. 6.3 All inground or semi-inground pools shall be equipped with an automatic shut-off device which will activate should the skimmer or other suction pipe detect the presence of a foreign object. 6.4 The deck or patio that borders a swimming pool must have a non-slip surface. 6.5 All inground or semi-inground pools must be equipped with a ladder or steps used to enter or exit the water.
6.6 Subject to sections 9, 10 and 11, all inground or semi-inground pools must be surrounded by an enclosure to restrict access. 6.7 It is prohibited to locate a swimming pool within an accessory building. It is also prohibited to cover a swimming pool with any structure or permanent construction, retractable or not. 7. PORTABLE POOL 7.1 All portable pools must be completely emptied of water at the end of each day. It is forbidden to leave a portable pool, containing water, between 23:00 and 07:00 unless it is located in a fully-fenced yard where access is properly secured. 8. SWIMMING POOL MAINTAINANCE 8.1 Swimming pools shall be maintained in good condition and be kept clean and odourfree. At all times, the water in the swimming pool must be clear and transparent allowing to see the bottom of the entire swimming pool. 8.2 In order to ascertain that the water is not polluted to the extent of endangering the health of swimming pool users, the Building Inspector has the authority to take water samples from any swimming pool in the Town of Hampstead. 8.3 It is prohibited to drain swimming pools through the neighbour s property. 8.4 The backwash must be done using a pipe directed towards the Town s sewer system. No permanent installation on the public domain or adjacent area is permitted without the prior approval of the Director of Public Works. 9. FENCES AROUND SWIMMING POOLS 9.1 Any swimming pool must be entirely surrounded by a fence in accordance with the following provisions: a. The fence may be located on or near the lot lines, on private property, or around the swimming pool on the lot itself, but in all cases, there must be a free area all around the swimming pool, in compliance with the requirements of Zoning By-law number 727, between the fence and the exterior perimeter of the water surface; b. At all points, the fence may not be less than 1.85 m in high as measured from the adjoining grade; c. In the case of an aboveground pool, the fence may form an integral part of the structure of the swimming pool; however, the combined height of the wall of the swimming pool and the fence may not be lower than 1.85 m nor higher than 2.4 m; d. The swimming pool s fence must be designed in such a way that there are no protrusions or openings to facilitate climbing. All iron mesh fences such as frost fences as well as those composed of horizontal elements allowing climbing are prohibited; e. The openings between vertical stiles may not be greater than 10 cm. The fence must be designed in such a way that the space between the bottom of the fence and the ground or swimming pool structure, in the case of an aboveground pool, may not exceed 10 cm.
f. Any gate providing access to a swimming pool must be provided with a selfclosing and self-latching device of which the latch is situated on the interior side of the enclosure and at least 1.3 m from the ground. This latch must be locked with a key or a padlock when the swimming pool is not under the direct supervision of an adult entrusted by the owner of the swimming pool to undertake such supervision. 10. ENCLOSURES AROUND SWIMMING POOLS 10.1 Further to the requirements of sections 9 and 11 on fences, any swimming pool must be entirely surrounded by an enclosure so as to protect the access. 10.2 An aboveground pool with a wall height of at least 1.2 m from the ground at any point or a portable pool with a wall height of 1.4 m or more is not required to be surrounded by an enclosure if access to the said swimming pools is by: a. a ladder equipped with a self-closing and self-latching safety gate preventing its use by children; b. a ladder or a platform access to which is protected by an enclosure having the features described in sections 10 and 11; c. from a patio attached to the residence and laid out so that the part giving access to the swimming pool is protected by an enclosure having the features described in sections 10 and 11. 10.3 An enclosure must a. prevent the passage of a spherical object 10 cm in diameter; b. be at least 1,2 m in height; c. have no fixture, projection or open parts enabling it to be climbed; 10.4 A wall forming part of an enclosure must not have any opening enabling a person to enter the enclosure; 10.5 Every gate forming part of an enclosure must have the features described in article 10.3 and section 11, and be equipped with a self-closing and self-latching security device installed on the inside of the enclosure in the upper part of the gate. 10.6 In order to prevent children from climbing to gain access to the swimming pool, every device linked to its operation must be installed more than 1 m from the swimming pool wall or, as the case may be, the enclosure. 10.7 The pipes linking the device to the swimming pool must be flexible and not be installed in a way that facilitates climbing the swimming pool wall or, as the case may be, the enclosure. Despite the first paragraph, a device may be less than 1 m from the swimming pool or enclosure if it is installed: a. inside an enclosure having the features described in sections 10 and 11; b. under a structure that prevents access to the swimming pool from the device and that has the features described in subparagraphs b and c of the first paragraph of article 10.3; c. in a shed.
11. PROVISIONS REGARDING FENCES AND ENCLOSURES 11.1 For the purpose of this By-law, a hedge or arrangement of trees does not constitute a fence, an enclosure or a wall. 11.2 Every installation intended to allow or prevent access to the swimming pool must be kept in good working condition. 11.3 The fence and the enclosure must be designed with solid and rigid materials and be maintained in good conditions at all times. 12. HEAT PUMP, SWIMMING POOL FILTERS AND OTHER MECHANICAL EQUIPMENT OF SIMILAR NATURE 12.1 It is prohibited to locate heat pumps, pool filters and other mechanical equipment of similar nature in the front yards (or secondary front yards in case of corner lots) or within the 6 m from the front building line. 12.2 Such equipment is allowed in the side yards and rear yards at the following conditions: a. must be located at least 1.5 m from any property line; b. must be concealed from view by means of opaque fencing or landscaping installed close to the equipment 12.3 The sound level emitted by this type of equipment must not exceed the maximum level established by Nuisance By-law. 13. PROVISIONS GOVERNING PRIVATE INDOOR SWIMMING POOLS 13.1 Any swimming pool located inside the main building or linked to it is considered part of the main building. 13.2 A swimming pool located inside the main building must be located in a distinct room. The access door to the swimming pool must be equipped with an automatic self-closing and self-latching device. Any space leading to an indoor swimming pool must be equipped with a detection system such as intrusion alarm. 13.3 Once the construction of the swimming pool is completed, it is the owner s responsibility to maintain the installations in good working condition to ensure the safety of the building s occupants. 14. INFRACTIONS AND PENALTIES 14.1 Anyone contravening a provision of the present By-law has committed an offence. 14.2 Any infraction of the present By-law renders the offender liable to a fine.
14.2.2 Any natural person who contravenes a provision of the present By-law or which tolerates or allows such a contravention is committing an infraction and is liable to a fine of between five hundred dollars ($500) and one thousand dollars ($1,000) for a first offence, and a fine of between one thousand dollars ($1,000) and two thousand dollars ($2,000) for any subsequent offence. 14.2.3 Any legal entity that contravenes a provision of the present By-law or who tolerates or allows such a contravention is committing an infraction and is liable to a fine of between one thousand dollars ($1,000) and two thousand dollars ($2,000) for a first offence, and a fine of between two thousand dollars ($2,000) and four thousand dollars ($4,000) for any subsequent offence. 14.2.4 Should an infraction to the present By-law continue, each day on which the offence is continued shall constitute a separate infraction. 15. OTHER PROVISIONS 15.1 The present By-law repeals By-law 760 and its amendments. 15.2 This By-law will come into force in accordance with the law. (s) William Steinberg William Steinberg, Mayor (s) Pierre Tapp Me Pierre Tapp, Town Clerk