Pool Fence By-law PS-5 which address fencing materials generally not in conformity with

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1 J That on the recommendation of the Acting General Manger of Planning and Development, the attached amendments to the Pool Fence By-law PS-5 and Fence By-law PS-I BE ADOPTED, the effect which would be improved enforcement of swimming pool fence violations and assistance in resolving disputes on fences which generally don t conform to residential neighbourhood standards. PURPOSE On November 3, 2003, Municipal Council referred amendments to the Fence By-law PS-q and Pool Fence By-law PS-5 which address fencing materials generally not in conformity with residential neig hbourhood standards to a public participation meeting. In addition, several additional amendments are recommended to address fence/pool fence enforcement issues. DISCUSSION I. Pool Fence Prohibitions The existing Pool Fence By-law lists a number of prohibitions including: construction without a permit, pool not enclosed by a fence and gates without self latching devices. In an effort to address existing pool fences which may not have been maintained to current standards, it is recommended that the words shall have, keep or maintain be added to the list of prohibitions. This will result in improved enforcement measures when addressing pool fences by-law co m p I i a nce. 2. Temporary Fencing The City receives several complaints annually regarding temporary fencing which remains while the pool is filled with water and is being used. Although temporary fencing serves a purpose during the construction phase of the excavation, it does not represent a proper pool fence when the pool is filled with water and in use. In order to better address permanent pool fence complaints, it is recommended that an additional prohibition be included which prohibits placing water and utilizing a swimming pool unless the approved swimming pool fence is erected in accordance with the by-law. 3. Privacy Screens The City s Fence By-law does not address fences which are located within properties (ie. not along property lines for the purpose creating a lot boundary). For example, a fence set back from an existing fence separating two properties is not regulated by the current fence bylaw. In an effort to provide direction to property owners to resolve fence disputes, fences acting as privacy screens and not as property boundary separations should be addressed in the Fence By-law. It is recommended that the current definition of fence be amended as follows: shall mean any wall (other than the wall of a building) gate or other structure which is used to enclose, separate, divide or provide privacy, in whole or in part, a yard or other land, or to separate or purport to separate land not under common ownership. This would result in the existing by-law regulations not being dependent on the location of the fence (Le. along property line or within a property boundary). This amendment will provide some direction in addressing neighbourhood disputes where non boundary fences are erected within property boundaries which do not represent a residential neighbourhood fit due to their height or use of materials.

2 4. Use of Fencing Materials As a result of a complaint regarding the use of corrugated metal panels for fencing in a residential neig hbourhood, amendments were previously prepared restricting the use of sheet metal or corrugated metal panel members in residential areas. The amendment addresses both fences (i.e. boundary fences) and pool fences (located along property lines and within property boundaries). The previous report is attached for information purposes. The attached amendments were presented to the Community Safety and Crime Prevention Advisory Committee (CSCP) on April 22, The CSCP approved and supported the amendments to the by-laws. Discussions were also held with several pool installers operating in London. Some concerns were raised that there are situations where on larger projects, the landscaping contract can carry on for several weeks after the pool is in use and entry onto the property with heavy machinery cannot be made once the permanent fence is installed. The intent of this by-law amendment is to address situations where the pool has been completed for quite some time and is being used without permanent fencing. Several municipalities were also consulted and many require the permanent pool fence to be installed prior to using the pool. The effect of the attached amendments will result in improved enforcement of pool fence violations. Specifically, the amendments will provide for enforcement actions to be taken where pools are completed and in use with temporary fencing still in place. The revised definition of fence (non-pool) and additional provisions addressing types of fencing material used in residential neig hbourhoods will assist in resolving fence disputes in residential areas. May 12,2004 Y:\S hared\buiiding\mleo\okatolyk\reports\etc Report- PF amendment 2004.doc 0K:es CC: Jay Stanford, Manager of Environmental Programs & Customer Relations Pat McNally, Director of Water, Environment and Customer Relations Lynn Marshall, Solicitor

3 Bill No. By-law No. A By-law to amend By-law PS-5 entitled A by-law to provide for the owners of privatelyowned outdoor swimming pools to erect and maintain fences WHEREAS section 11 of Municipal Act, 2007, S.O. 2001, c. 25, as amended provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Structures, including fences and signs ; AND WHEREAS section 9(1) of the Municipal Act, 2007 provides that section I1 shall be interpreted broadly so as to confer broad authority on municipalities, (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues ; AND WHEREAS section 9(3) of the Municipal Act, 2007 provides that a by-law under section 1 I respecting a matter may (a) regulate or prohibit respecting the matter; and (b) as part of the power to regulate or prohibit respecting the matter, require persons to do things respecting the matter, provide for a system of permits respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a permit; AND WHEREAS section 130 of the Municipal Act, 2007 authorizes a municipality to regulate matters related to the health, safety and well-being of the inhabitants of the municipality; AND WHEREAS section 427 of the Municipal Act, 2007 authorizes a municipality to direct a matter or thing to be done under a by-law to be done at the person s expense should the person fail to do so, and to recover the costs of doing the thing or matter by action or by adding the costs to the tax roll and collecting them in the same manner as taxes; NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: I. A new Section is hereby added to By-law PS-5: Have or keep swimming pool -without permit No person shall have or keep a swimming pool without having a swimming pool fence permit from the Chief Building Official in accordance with this by-law 2. A new Section is hereby added to By-law PS-5: Have or keep swimming pool - not enclosed by fence No person shall have or keep a swimming pool that is not completely enclosed by a swimming pool fence, in accordance with this by-law.,

4 3. Section 3.6 of By-law PS-5 is hereby deleted in its entirety and replaced therefore with the following: 3.6 Gate - self-latching device - distance above ground No person shall construct, have, keep or maintain a swimming pool fence gate with a self-latching device less than 122 centimetres (48 inches) above ground level, in accordance with this by-law. 4. Section 3.9 of By-law PS-5 is hereby amended by inserting the phrase keep, have or after the phrase shall fail to. 5. A new Section 3.1 I is hereby added to By-law PS-5: 3.11 Use of materials - pool fence No person shall construct, cause to be constructed, or maintain any pool fence which does not conform to the requirements of Section 2.16 of the Fence By-law PS A new section 3.12 is herby added to By-law PS-5: 3.12 Completion of pool fence - filling of water No person shall place water in a swimming pool or cause or permit water to remain in the pool unless the required swimming pool fence is completely constructed in compliance with the requirements of this by-law. The required swimming pool fence under this section shall not include a temporary fence. 7. This by-law shall come into force on the day it is passed. PASSED in Open Council,2004 Anne Marie De Cicco Mayor First reading - Second reading - Third reading - Kevin Bain City Clerk

5 Bill No. By-law No. A By-law to amend By-law PS-1 entitled A By-law to Provide for Regulating and Governing Fences in the City of London. WHEREAS Section 11 of the Municipal Act, 2007, S.O. 2001, c. 25, as amended provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Structures, including fences and signs ; AND WHEREAS Section 9(1) of the Municipal Act, 2007 provides that Section 1 I shall be interpreted broadly so as to confer broad authority on municipalities, (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues; AND WHEREAS Section I30 of the MunicipalAct, 2007 authorizes a municipality to regulate matters related to the health, safety and well-being of the inhabitants of the municipality; NOW THEREFORE the Municipal Council of the Corporation of the City of London enacts as follows: 1. The definition of a fence in Section 1.I of By-law PS-I is hereby deleted and replaced by the following new definition: fence shall mean any wall (other than the wall of a building) gate or other structure which is used to enclose, separate, provide privacy or divide, in whole or in part, a yard or other land, or to separate or purport to separate land not under common ownership. 2. A definition of Residential Zone is added to Section I.I of By-law PSI: Residential Zone means any land zoned Residential R1, R2, R3, R4, R5 under the City s zoning by-law and used for the purpose of residential dwelling units. 3. A new section 2.2(d) is hereby added to By-law PS-1 as follows: 2.2(d) For a fence located in a residential yard for the purpose of providing privacy, the maximum permitted height provisions of Section 2.2 of this by-law apply shall only apply if a fence is located within the required yard of a Residential Zone as defined in Section 1.I of this by-law. 4. A new section 2.16 is hereby added to By-law PS-I as follows: 2.16 Restriction - Materials of Construction - Residential Zone No person shall erect, construct, cause to be constructed, have or maintain any fence in any Residential Zone comprised of sheet metal or corrugated metal panel members.

6 5. This by-law shall come into force on the day it is passed. PASSED in Open Council,2004 Anne Marie De Cicco Mayor First reading - Second reading - Third reading - Kevin Bain City Clerk Y:\Shared\building\MLEO\OKatolyk\Reporb\ETC Report- PF amendment 2004.doc

7 Agenda.. Item ## Page # That on the recommendation of the Acting General Manager on Planning and Development, in response to the direction of the Environment and Transportation Committee to review the use of fencing material in residential areas, the attached amendment to the Fence By-law PS-1 and Pool Fence By-law PS-5 BE SUBMllTED to address fencing materials generally not in conformity with residential neig hbourhood standards. * * On October 27, 2003, the Environment and Transportation Committee (ETC) heard a delegation and received a communication dated October 22, 2003 from Irene Rusnell, 1266 Hillcrest Avenue, with respect to the Swimming Pool Fences By-law PS-5. The matter was referred to the Acting General Manager of Planning and Development for the purpose of reviewing the Boundary Fence By-law and the Swimming Pool Fence By-law to determine what, if any, changes may be necessary with respect to specifications related to fencing materials and to liaise with the City's Legal Services Division as to the approach to be taken with respect to the review of the aforementioned by-laws, including notification of the owner. Fences in the City are addressed by two different by-laws. The Fence By-law PS-I addresses fences which separate land not under common ownership. The Fence By-law includes provisions on height, area of visible daylight, cost sharing, etc. The Fence By-law is administered by the Environmental and Engineering Services Department. The By-law is only enforced when fence issues arise on City property; the By-law is not enforced by the City to resolve disputes between two property owners regarding a boundary fence on private property. Private property fence issues are resolved through civil actions initiated by private property owners, The Pool Fence By-law PS-5 prescribes safety standards for privately owned outdoor swimming.pools. The By-law includes standards for height, self-closing devices, ground clearance/ openings and location of structural members. The By-law is enforced by the Building Division pro-actively, and in response to public complaints and submitted.permits. Municipal Law Enforcement Officers may issue fines or take legal action if compliance is not achieved, L Both By-laws are silent on the use of materials not generally used in residential areas.for fencing such as sheets of corrugated metal. Some Ontario municipalities have recently enacted fence by-laws which address non-acceptable fencing materials in residential areas. In order to address residential neighbourhood aesthetics and the use of materials not commonly used for fences, in residential neighbourhoods, the attached amendment is being submitted. The amendment specifically restricts the use of sheet metal or corrugated metal panels for residential fences. This amendment would only apply to fences in residential areas. An amendment to the Pool Fence By-law references the Fence By-law to address the use of appropriate fencing materials. This amendment has been discussed with Jay Stanford of EESD who is responsible administering the Fence By-law and Lynn Marshall, Solicitor..

8 November'3,2003 ' Y:\Sharedbulldlng\M~EO\OKatolykETC Report - FenceBylaw PoolFenceBylaw.doc 0K:lm CC: Orest Katolyk, Manager of By-law Enforcement Jay Stanford, Manager of Environmental Programs & Customer Relations Pat McNally, Director of Water, Environment and Customer Relations Lynn Marshall, Solicitor J