Bylaw No. 375-97 AMENDMENTS No. Date Adopted Description 948-2000 2000 06 12 Adds safety controls and sanitary sewer connection guidelines 1027-2001 2001 03 12 Amends Section 9 - Penalties, to enable ticketing under the Municipal Ticket Information Bylaw 1868-2009 2009 06 01 This amendment removes an inconsistency with the Building Bylaw and Permit Approvals for Inground Swimming Pools 2572-2016 2016 06 27 Deletes and replaces Section 9, Offence and Penalties. I hereby certify this to be a consolidated copy of By-law No. 375-97, as at, 2016. Sherry Davis Deputy City Clerk (Legal Services)
Bylaw No. 375-97 Page 2 The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No. 375-97 may be cited as Private Swimming Pool Regulation Bylaw. 2. INTERPRETATION In this Bylaw, unless the context otherwise requires: Private Swimming Pool means any constructed or prefabricated private swimming pool, whether situated above the surrounding ground level or wholly or in part below the surrounding ground level, used or intended to be used for swimming, bathing, or wading, having a surface area exceeding 9 m 2 (100± sq. ft.) and a depth of more than 600 mm (24± inches), which is situated on any privately-owned real property, and which does not fall within the jurisdiction of the Provincial Regulations governing public swimming pools under the Health Act. 3. FENCING (1) (a) Every private swimming pool shall be enclosed within a fence not less than 1200 mm (4± feet) in height with no openings greater than 100 mm (4± inches), and shall be designed so that no part, attachment, or opening will facilitate climbing. (b) (c) The fence may enclose the private swimming pool itself or any portion of the premises on which the pool is situated. When only the private swimming pool area is fenced, the fence shall be constructed so that the pool is visible through it. The fence shall be continuous, except for access points which shall be equipped with self-closing gates designed to return to a locked position when not in use. Gates shall be secured by spring locks not less than 1050 mm (3± feet, 6± inches) above grade, which can only be opened from the pool side of the fence.
Bylaw No. 375-97 Page 3 (d) Where the barrier around a private swimming pool uses part of the principal dwelling, and where there are door or window openings from the building within the enclosure, the owner or occupier of the property shall implement physical controls, signage, warning systems, supervision protocols or administrative procedures to prevent small children and non-swimmers from entering the pool area unsupervised. (B/L 948-2000) (2) Notwithstanding subsection (1), where the fence is attached to a building, the building may, for the purposes of this Bylaw only, be considered part of the fence, provided it has an exterior wall at least as high as the fence. (3) A minimum 1.2 m (4-foot) wide walkway around the perimeter of the private swimming pool shall be provided. The rim of the pool must not exceed 1.2 m (4 feet) above surrounding grade. 4. GATES Gates which provide access to any private swimming pool shall be kept in the locked-closed position at all times, and shall only be opened for access to, or egress from, the pool. 5. SANITARY SEWER CONNECTION (B/L 948-2000) (1) Every private swimming pool located on a lot serviced with a civic sanitary sewer connection shall have a backwash pump connected to the sanitary sewer system. Overflow and drains for every swimming pool shall be connected to the sanitary sewer system. All discharge of water from the pool shall be directed to the sanitary sewer system by a pumped connection. The maximum pumping discharge rate for draining the pool shall be 2 litres per second (25 imperial gallons per minute). (2) Every private swimming pool located on a lot not serviced with a civic sanitary sewer connection shall be provided with works, systems or other provisions for the safe discharge of pool water. An acceptable system shall include a drain to a rock pit located not less than 30 m from a septic field or a watercourse. Swimming pool water may not be discharged so as to cause erosion or siltation of water bodies, damage to adjacent property, or elevated flows in receiving water courses.
Bylaw No. 375-97 Page 4 6. BUILDING PERMIT REQUIREMENT (B/L 1868-2009) A building permit is required for a private swimming pool that is wholly or partly below the surrounding ground level. A building permit is required for an elevated deck attached to an above ground pool, where the deck is more than 10 square meters in area, and is more than 600mm above grade. 7. INSPECTION REQUIREMENT (B/L 948-2000) After a building permit has been obtained, an owner of a private swimming pool shall have the fencing required under Section 3 inspected and approved by the Building Inspector before the pool is filled. 8. MAINTENANCE (B/L 948-2000) All fences, including gates, enclosing private swimming pools shall be maintained by the owner or occupier of the real property, in good order and repair at all times. 9. OFFENCE AND PENALTIES (B/L 2572-2016) Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply: (a) (b) (c) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City s Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007; a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60; a person who: (i) (ii) contravenes, violates or fails to comply with any provision of this Bylaw; suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or
Bylaw No. 375-97 Page 5 (iii) fails or neglects to do anything required to be done under this Bylaw; is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and (d) each day such infraction is caused, or allowed to continue, constitutes a separate offence. 10 REPEALS BYLAW NO. 1630 (B/L 948-2000) District of Matsqui Bylaw No. 1630, cited as Private Swimming Pool Regulation Bylaw, and all amendments thereto, is hereby repealed. READ A FIRST TIME this 7 th day of April, 1997 READ A SECOND TIME this 7 th day of April, 1997 READ A THIRD TIME this 7 th day of April, 1997 ADOPTED this 14 th day of April, 1997 Mayor George F. Ferguson Clerk S. Kowalchuk