2022-036 Amend By-Law 4008 regulation of Swim EnclosuresTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 2022- 036
A by-law to amend By -Law 4008, being a by-law to regulate swimming pool
enclosures in the Town of Tillsonburg.
WHEREAS it is deemed necessary and expedient to amend By -Law 4008.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT the following definitions be added to section 2.1:
"Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended
"Building Inspector" means the Chief Building Official, Deputy Chief Building
Official, and Inspector appointed by by-law by the Town of Tillsonburg for the purposes
of enforcement of the Act.
2. THAT the definition of "Corner Lot" be deleted and replaced with the following: "means
a Lot situated at the intersection of two streets, of which two adjacent sides, that abut
the intersecting streets, contains an angle of not more than one hundred and thirty five
(135) degrees and where such adjacent sides shall be deemed to be the angle formed
by the intersection of the tangents to the street lines, drawn through the extremities of
the interior lot lines, provided that: (a) in the latter case, the corner of the lot shall be
deemed to be that point on the street line nearest to the point of the intersection of the
said tangents; and (b) any portion of a corner lot distant more than 30 m (98.4 ft) from
the corner, measured along the street line shall be deemed to be an interior lot.
3. THAT the definition of "Lot" be deleted and replaced with the following: "A parcel or
tract of land which is a whole parcel or tract as shown on a registered plan of
subdivision where the said registered plan of subdivision is not subject to a deeming
by-law passed pursuant to the Planning Act, or a whole parcel or tract which is held
under separate ownership from adjacent lands according to the registration thereof in
the Registry Office or Land Titles Office.
4. THAT the definition of "Sight Triangle" be deleted and replaced with the following: "the
triangular space formed by the intersecting street lines of a Corner Lot and a line
drawn from a point on one (1) of the said street lines to a point on the other said street
line, each said point being measured a specific distance from the point of intersection
of the said street lines."
5. THAT "and" be deleted in section (b) of the "Swimming Pool" definition and replaced
with "or"
6. THAT the definition of "Temporary Enclosure" be amended by adding "during active
construction" at the end of the definition.
7. THAT under section 4.1 (Swimming Pool Enclosure — Height Required), that the
following words be added after "climbing" — "in the opinion of the Officer"
8. THAT under section 4.2 (Swimming Pool Area — Height- Raised Platform or Deck),
the following words be added at the end — "in the opinion of the Officer".
9. THAT Section 4.3 (Location — Swimming Pool Enclosure — set back requirement) be
deleted and replaced with the following: "No Person shall have, Construct, maintain
or permit to be Constructed or maintained a Swimming Pool Enclosure or part thereof
within 1.2 metres (4 feet) horizontally from the nearest inside wetted surface of the
Swimming Pool wall.
10. THAT "Swimming Pool Enclosure — Materials- Chain Link" be renumbered 4.4 and
that the following words "in the opinion of the Officer" be inserted in section (b) after
"the Exterior that could"
11. THAT "Swimming Pool Enclosure — Materials- Vertical Panel" be renumbered 4.5.
12. THAT "Swimming Pool Enclosure — Materials — Metal Picket be renumbered 4.6 and
that the following words "in the opinion of the Officer" be added at the end of section
(b) (Note that with the re -numbering in Section 4, subsections 4.7 and 4.8 are no
longer required.)
13. THAT Section 5.2 be amended by deleting the following: "complies with subsection
5.1 of this By-law" and add the following in its place: "has a security chain or bolt latch
located not less than 1.5 metres (5 feet) above the inside floor level and is kept locked
at all times except when the Swimming Pool is in use."
14. THAT Section 10.3 be deleted and replaced with the following: "Prohibited — Unsafe
Condition (a) No Person shall cause or permit an unsafe or hazardous condition in the
opinion of the Officer to occur during the Construction of a Swimming Pool or
Swimming Pool Enclosure. (b) No person shall, in the opinion of the Officer place, pile,
attach or lean any object or material against or near a Pool Enclosure so as to facilitate
climbing of the Pool Enclosure, diminish the structural integrity of a Pool Enclosure or
render the Pool Enclosure to be in non -conformity with the provisions of this By -Law.
15.THAT Section 13.4 be deleted and replaced with the following: "The amount of the
costs, including interest, constitutes a lien on the land upon the registration in the
proper land registry office of a notice of lien."
16. THAT Section 14 be deleted and replaced with the following:
"14.1 Any person who contravenes a provision of the By-law and an officer or director
of a corporation in the event of a contravention by a corporation, is guilty of an offence
and upon conviction is liable to a fine or penalty as follows:
(a) A minimum fine shall not exceed $500 and a maximum fine shall not exceed
$100,000. However, a special fine may exceed $100,000.
(b) In the case of a continuous offence, for each day or part of a day that the offence
continues, a minimum fine shall not exceed $500 and a maximum fine shall not
exceed $10,000. However, despite Section 14.1 (a), the total of all of the daily
fines for the offence is not limited to $100,000.
14.2 If this By-iaw is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court in which the conviction
has been entered and any court of competent jurisdiction thereafter may make an
order,
(a) prohibiting the continuation or repetition of the offence by the Person convicted;
and
(b) requiring the Person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
14.3 Pursuant to section 441 of the Municipal Act, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and payable
under section 66 of the Provincial Offences Act, R.S.O. 1990, c P.33, as amended,
including any extension of time for payment ordered under that section, the Town may
give the Person against whom the fine was imposed a written notice specifying the
amount payable and the final date on which it is payable, which shall be not less than
twenty one (21 days) after the date of the notice.
14.4 If the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act.
14.5 In accordance with sections 441.1 of the Municipal Act, any part of a fine or cost
owing pursuant to this by-law or a related provincial offence may be added to the tax
roll for any property in the Town of Tillsonburg for which all of the Owners are
responsible for paying the fine or costs, and collect such fine or cost in the same
manner as municipal taxes.
THAT these amendments to By -Law 4800 are hereby declared to be part of that By -Law
as if written therein.
THAT this By -Law bell become effective upon enactment.
READ A FIRST #NWSEC9ND TIME THIS 25TH DAY OF APRIL, 2022
READ A THIYW TIME, PASSEQ, SIGNED, SEALED THIS 25TH DAY OF APRIL, 2022.
Clerk — Michelld Smibert