a guide to installing a pool or a hot tub - · pdf filecode, division a, part 1.2.1.1. ... a...

THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER

A Guide to Installing a Pool or a Hot Tub

April 2011 r· .. · ................ · ...... · ........ ···· .. ·· .. ··, ,BU-160-4/11 ! l ................. H ..••••.•••••••••••.•••••.• H.J

C S TOWnShiP of ., prlngwater


Notes:

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1. For general information and answers to frequently asked questions about the building permit process, please review our Answers to Frequently Asked Questions about Building and the Building Permit Process (in Springwater).

2. This guide is intended to be used for pools or hot tubs not designated as Public Pools or Public Spas as per the Building Code, Division A, Part 1.2.1.1.

3. Although every attempt has been made to provide accurate information at the time of printing, it is subject to change without notice and is provided as a guide only. It is not intended to be used in lieu of current Municipal By-laws or the current Building Code, as amended.

Phone: 705-728-4784 Ext 2017

Email: [email protected]

Updated: April 13, 2011

Planning and Development Building Department

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Table of Contents:

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Part 1: Some General Information to help you get started: ........... ........... .. ...... .... ............. 5

1. What is considered a Pool? .................................................................................. 5

2. Are Blow-up or kiddie pools also considered "pools"? ........... ............. ............. 5

3. Do the same setbacks apply to pool equipment such as pumps, heaters and other appurtenant items as to the pool itself? .................................................... 5

4. Are there size restrictions for pools or hot tubs? ...................... ............ ...... ...... . 6

5. What is the minimum distance from the pool/hot tub to my septic system? ... 6

Part 2: Temporary Pools ................................... .......... .. ... ..... ..... .. .. ............................. ... ....... 6

1. What is a Temporary Pool? ................................................................................... 6

2. Do I have to get a permit every summer to re-install the inflatable pool for my kids? ............................................................................... ............ ........ ... ........ ......... 6

3. What should I know before I purchase a Temporary Pool? ............................... 7

Part 3: Hot Tubs ...... .... ... ... ..... ... ....................................... .......... ....... .. ..... ......... .. .... ............. 8

1. Is a hot-tub considered a Pool? ............................................................. ....... ........ 8

2. Does a hot-tub require a fence? ........................................................................... 8

3. May I install a hot-tub on my wood deck? ................ ... ....... ..... ...... ...................... 8

Part 4: Fences ........ ...... ... ..... .......... .............................. ........ .. ..... ............ ... .... ...... ......... .... .... 8

1. How willi know if I need a fence (enclosure)? ........ ......... ... ................................ 8

2. Does the fence have to go around the entire yard? .... .. ........ .... ... ........ .... ......... .. 8

3. OK, I need a fence. Are there specifications? .................................................... 9

4. Is it possible to use a pool cover in lieu of a fence? ........................................... 9

5. Is there anything I need to know about ladders? .. .................. ............. .. ... .......... 9

6. Are there specifications for gates? .. ............................. ... ...... .... ............ .. .......... 10

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Part 5: Permit Submission ............ ........................ ....... .. ... ... ....... ..... ...... .... ... ... ... .... ... ... ...... 10

1. What do I need to obtain a permit? ..... ... ..... ....... .. ..... ..... ....... ............. .. .............. 10

Part 6: Inspections .......... ...... .. .... ........... ........ .... ..... ................................... .. ... .... ... ..... ... ..... 11

1. What inspections will be required for my project? ........................................... 11

2. When do I call for an inspection? ....................................................................... 11

Part 7: Pool Safety .............................................................................................................. 12

Part 8: SAMPLE Documents ......... ............................... ................. .. .... ...... ........... ....... ........ 13

Fact: "Drowning is a leading cause of accidental death in this country, especially for children under five."

Source: Drowning Prevention Handbook by the Children Safety Association of Canada

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Part 1: Some General Information to help you get started:

1. What is considered a Pool?

According to the Township of Springwater By-law No. 95-024 (copy attached), a swimming pool is an area of water that is contained in whole or in part, by artificial means and:

• in which the depth of the water at any point exceeds 18 inches (45 cm)

• in which the supply of water for either its creation or its maintenance shall be from other than natural sources; and

• which is intended to be used for swimming, diving or bathing.

2. Are Blow-up or kiddie pools also considered "pools" ?

Yes. A temporary pool (under the definition of "swimming pool" in the pool by-law) is defined as a pool that is installed for short term use, typically, but not limited to, the summer season, and which will be dismantled, deflated and removed at the end of the season.

NOTE: Do not rely on the vendor or the pool packaging to advise you that you need a permit. If the pool falls under 1. and 2. above, it will require a permit.

3. Do the same setbacks apply to pool equipment such as pumps, heaters and other appurtenant items as to the pool itself?

Yes. All of these items need to meet the minimum setback requirements; this is why the location of these items must be included on your site plan. Consider whether the placement of these items would allow them to be used as a climbing apparatus for entry into the pool area. This will be checked at inspection.

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4. Are there size restrictions for pools or hot tubs?

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Contact the Planning department (728-4784 Ext. 2019) for dimensions.

5. What is the minimum distance from the pool/hot tub to my septic system?

• This will depend on the type of septic system you have, for example:

• The minimum distance between the pool and the distribution pipe on an in-ground septic system is 16 feet 5 inches (5 meters) . A greater distance applies if it is a raised septic bed.

• The minimum distance between the pool and the septic tank is 5.0 feet (1.5 meters).

NOTE: If the pool location appears very close to the minimum dimensions, you may be required to expose the tank or the distribution pipe. Pools cannot be located in the mantle area of your septic.

Part 2: Temporary Pools

1. What is a Temporary Pool?

As described in the Introduction of this Guide, for the purpose of this document, a temporary pool is defined as a pool (falling under the definition of "swimming pool" in the pool bylaw) that is installed for short term use, that is typically, but not limited to, the summer season, and which will be dismantled, deflated and removed at the end of the season.

2. Do I have to get a permit every summer to re-install the inflatable pool for my kids?

No. Current policy at the Township's states that a permit must be obtained prior to installing the pool the first time only, provided the following conditions are met:

a) Pool must be located in the same area (as the initial application) each year.

b) Same pool must be used.

c) Access to the pool must be restricted . The pool ladder must be locked or removed and stored separately away from the pool.

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d) Pool permit card must be visible from street while it is in use.

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e) Conditions as per approved permit applications must be maintained

f) Pool must pass inspection the first year and may be subject to random inspection after that.

NOTES:

The permit card indicates whether the pool is permanent, temporary or a hot tub and further indicates that for temporary pools the card "must be displayed while the pool is assembled." When the pool is disassembled, the permit card can be removed from display until the next year when it is once again reassembled at which time the permit card must be displayed again. Should the pool be noticed by one of the Township Building Inspectors or By-Law Enforcement Officer, they will see the permit card and know that you have obtained permission to install a pool as described on the permit card .

Should you lose or misplace your permit card, please contact the Building Department to have a duplicate permit card issued.

3. What should I know before I purchase a Temporary Pool?

You will need to know that you must obtain a permit before you install the pool and that a fence may be required. If you already have a fence, you need to ensure that the fence conforms to the requirements listed in the pool by-law (copy attached). If you do not have a fence or if your fence does not conform to the pool by-law, you have two options:

1. Install a fence around the pool or around the property as per the by-law requirements or

2. Purchase a pool that is higher than 48 inches tall at its lowest point, with no climbable items attached to, or near the pool (including the pump) that could facilitate climbing into the pool.

See " Willi need a fence/enclosure? (Part 4)" for further details.

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Part 3: Hot Tubs

1. Is a hot-tub considered a Pool?

Yes. See definition of pool (Part 1).

2. Does a hot-tub require a fence?

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A fence is not required for hot-tubs and spas provided a lockable lid is in place and remains locked when the hot-tub/spa is not in use.

3. May I install a hot-tub on my wood deck?

Typically, a hot-tub filled with water can weigh in excess of 5000lb (2268kg). Most wood decks are not capable of withstanding this much weight over time. A professional engineer can review your proposed or existing deck design and advise you whether or not additional support will be required to support a hot-tub.

Part 4: Fences

1. How willi know if I need a fence (enclosure)?

All in-ground pools must be completely fenced. Above-ground or on-ground pools may not require a fence provided:

• The outside wall of the swimming pool is elevated a minimum of 4 feet (1 .2 meters) above the finished grade of the adjacent 4 feet (1 .2 meters) of ground abutting the pool wall.

• There is no means of entering the pool (eg. ladder/ramp has been removed, nothing else ego a pump or heater etc.) is near enough to be used to climb into the pool)

• All walls to the swimming pool shall not facilitate climbing.

2. Does the fence have to qo around the entire yard?

The fence can either go around the pool or around the entire yard. The fence must be a minimum of 4 feet (1.2 meters) away from a pool.

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3. OK, I need a fence. Are there specifications?

Yes. All required fences must:

• Be a minimum 4 feet (1.2 meters)high;

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• Not have rails, horizontal members, diagonal bracing or attachments on the exterior side that would facilitate climbing

• Not have any barbed or electrical wire, page wire or other material having similar dangerous characteristics

• If constructed of chain link, not have a mesh size greater than 1.5 inches (38mm) measured diagonally

• If constructed of vertical boards, not have spacing greater than 4 inches (1 OOmm) between vertical boards and no horizontal members between 6 inches (15 cm) and 44 inches (112 cm) above adjacent ground level

• If constructed of any other material, shall incorporate all the above noted safety measures and shall be approved by the Township prior to the issuance of a building permit.

4. Is it possible to use a pool cover in lieu of a fence?

Lockable pool covers that prevent unauthorized entry are permitted for hot-tubs ONLY. This alternative is NOT PERMITIED for pools.

5. Is there anvthing I need to know about ladders?

Even though the walls of your pool may be 4 feet (1.2 meters) high, and constructed in a way that the walls cannot be climbed, the installation of a ladder can provide unauthorized entry to the pool. To prevent such unauthorized entry, when your pool is not in use, the ladder must:

• Be removed and relocated to a safe location, OR

• Have a folding device with a locking mechanism (and be folded and locked)

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6. Are there specifications for gates?

Yes. All gates must:

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• Be a minimum of 4 feet (1.2 meters) in height with no cross members between 6 inches (15 cm) and 44 inches (112 cm) that would facilitate climbing .

• Be kept locked whenever the pool is not in use ANDIOR a responsible person is not present to supervise the swimming pool.

• Have a self-closing (or spring) gate closing device.

Part 5: Permit Submission

1. What do I need to obtain a permit?

You will need to provide the following forms and support documents in order to apply for a pool permit:

a) Forms

• Pool Permit Application form

b) Support Documents

• Site Plan (2 copies) (for details on site plan requirements see Township of Springwater Building FAQ guide)

• Septic Use Permit (if applicable) (1 copy). This is an official drawing showing all elements of your septic system

• Copy of Deed, or, if recently transferred - proof of ownership of property (1 copy).

• Lot Grade approval (if applicable) (2 copies)

• All pool installations within a plan of subdivision where the subdivision has not been assumed by the Township, may need to have their plans reviewed by the consulting engineer for that subdivision before submitting plans to the Township. Where it is required, a copy of the Lot Grade approval (including placement of the proposed pool) indicating that the installation will not adversely affect existing grading must be submitted. Please be aware that if the design of your pool negatively affects drainage on your property or any of your neighbours properties, you will be required to correct the grading.

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Note: A separate building permit may be required for a pool cabana subject to the Building Code Act.

Part 6: Permit Fees

1. How much will the permit cost?

The fees will depend on the scope of your project but most commonly include the Building Fee, plumbing fee and a Septic Change of Use fee . The Building-Bylaw incorporates rules, regulations and fee information regarding building permits and pool permits. It can be obtained in person at the Township Administration Centre, by contacting the Building Department by phone at the number below or through our website at www.springwater.ca (Select "Services" from the blue bar across the top of the screen; scroll down to "Building"; under Building Permits, in the second paragraph, click on the word "here". The fees are on the last few pages of the document.

Part 7: Inspections

1. What inspections will be required for my project?

Typically, the following inspections would be required: (check your inspection agreement for actual).

• Temporary Fence (if applicable) • Final

2. When do I call for an inspection?

Typically, an inspection is required before there is more than 18 inches (45cm) of water in the pool. Your fence, permanent or temporary, (if required) must be in place at this time so that it can also be inspected and approved.

• Should your permanent fence not be completed and you wish to fill your pool, a temporary fence must be installed and a "Temporary Fence Inspection" held and passed before filling above the 18 inch (45 cm) mark.

• Temporary fence can only be used for 14 days.

• Call for a final inspection once the permanent fence is installed.

NOTE: If using a temporary fence, remember that the fence must be correctly installed.

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Part 8: Pool Safety

Facts:

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LOL 1Y2 Canada

~ "Drowning is a leading cause of accidental death in this country, especially for children under five. "

~ "Never leave a child out of supervisory eye contact in or near a pool, not even for a second. There is absolutely no substitute for constant adult supervision. If you must leave the pool area, take your child with you."

Source: Drowning Prevention Handbook by the Children Safety Association of Canada

~ In 2001 there were 431 drowning deaths in Canada, 144 of which were in Ontario.

Source: Drowning Report 2004 issued by the Lifesaving Society

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Part 9: Sample Documents

1. Site Plan (1 page)

2. Septic Use Certificate (2 samples, 1 page each)

3. By-law 95-024 (4 pages)

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SAMPLE SITE PLAN

Municipal Address: 71 Springwater Avenue Lot 17, Plan 971

POOL PERMIT APPLICATION

Property Width 105' 3"

Legend:

5' Wood Fence

5' Self Closing Gate

I I I I I I I I I 1'(1

Base for Pump House (S'x4')

14'-3"

22'S"j

I. LIG .. > ....... .

NOTE: Pool installations with in a plan of subdivision in the Township may require review by the consulting engineer for that subdivision before permit will be issued.

I I I

NEW 20'xiS' inground pool

Existing 620112

Garage

Driveway

A Guide to Installing a Pool or Hot Tub

42'-1"

Existing Septic

Existing Septic Tank (45001.)

Existing 1800 ft2 Single Storey

Dwelling

Existing Porch

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Not to scale l L ________________ _ _ __________ ~ ________ ___ __________ J

Springwater Avenue

Township oj Springwater Updated: January 31, 201 1

2231 Nursery Road Mines/ng, Ontario LOL 1 Y2

SAMPLE Septic Use Permit Township of Springwater 1110 Highway 26, Midhurst Ontario LOL lXO

Roll Number: 4341-010-XXX-XXX-XX Permit Number 06-XXXX

Concession: N/A Plan: 51M-117 lot: ---'-17'---__________ _

Municipal Address: 71 SPRINGWATER TRAIL

Installer: JOHN'S SEPTIC INSTALLATION Registration Number: BCIN-235XXX

Water Source: Drilled Well [8J Dug Well 0 MunicipalD Communal Well 0 Other 0

Design Sewage Flow: 1600 Litres per day Septic Tank Size: 3600 Litres

Treatment Unit: Make: Model:

Effluent Filter Installed: Yes 0 No [8J Percolation Rate "Til of: ---'1,,5'--___________ _

FILTER BED

Surface area 30 SqM Base area: 30 ~-----

SqM Fill area: RESERVE 266 SqM

Mantle area: 15M RESERVED AREA REQ'D Laid in: 6 Runs of 13+ Feet each

TRENCH BED

Trench Bed Runs in Feet Total: Feet Mantle area: SqM

Fed by: Gravity 0 Pump 0 INSTALLED LAyOUT: As PER ATTACHED DIAGRAM

RESIDENTIAL OCCUPANCY

Number of: Total Basement 1st Floor 2nd

Floor 3rd Floor .. ~

Bedrooms: 3

Fixture Units: 20 - -

~.SqFt 1722 - -

OTHER OCCUPANCIES

NOTES

1. REGULAR MAINTENANCE REQUIRED ON ALL SEPTIC SYSTEMS.

2. EFFLUENT FILTERTO BE MAINTAINED AS PER MANUFACTURER'S INSTALLATION INSTRUCTIONS (WHERE APPLICABLE).

3.

4.

John Jamleton September 6, 2006

Inspector Date

ORIGINAL TO ROLL FILE COPIES TO: PERMIT FILE OWNER/BUILDER

Township of Springwater Septic Use Permit 1110 Highway 26, Midhurst Ontario lOllXO

Roll Number: 4341-010-XXX-XXX-XX Permit Number 06-XXXX

SAMPLE SEPTIC USE PERMIT PROPERTYWIDTH 105'-3" LOT 17, PLAN 971

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""," AREA " l!:! : , :::; I

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FILTER BED

GARAGE 520FT2

PUMP LINE

I I I I I I I I I I I I

34'~6" SEn!:: 1+----+,

SINGLE DWELLING UNIT (3 BEDROOMS1722FT2)

PORCH

I I I I I I I I I I I I I I I I I I I I I I I I I I I

I DRIVEWAY NOTTO SCALE

I I I L_________________ ------~~--- ----------------------

71 SPRINGWATER AVENUE

As Constructed Drawings reviewed and verified by:

John Jamle;on September 6,2006

ORIGINAL TO ROLL FILE COPIES TO: PERMIT FILE OWNER/BuILDER


BY-LAW NO. 95-024

Being a by-law for requiring owners of privately owned outdoor swimming pools to erect and maintain enclosures around such swimming pools and to repeal By-law No. 72-12 of the former Village of Elmvale, By-law No. 22-74 of the former Township of Flos and By-law No. 91-29 of the former Township of Vespra (Swimming Pool Fence Bylaws).

WHEREAS the provisions of Section 210, Subsection 30 of the Municipal Act, R.S.O. 1990, M.45 as amended, authorizes Municipal Councils to require owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, for prescribing the height and description of, and the manner of erecting and maintaining such fences and gates, for prohibiting persons from placing water in privately owned outdoor swimming pools or allowing water to remain therein unless the prescribed fences and gates have been erected, for requiring the production of plans of all such fences and gates, for the issuing of a permit certifying approval of such plans without which permit no privately owned outdoor swimming pool may be excavated for or erected, and for authorizing the refusal of a permit for any such fences or gates that if erected would be contrary to any by-law of the municipality;

AND WHEREAS it is deemed necessary and expedient by the Council of The Corporation of the Township of Springwater to enact such by-law which shall apply to all lands within the corporate limits of the Township;

NOW THEREFORE the Council of The Corporation of the Township of Springwater enacts as follows:

SECTION 1 DEFINITIONS:

For the purpose of this By-law the following definitions shall apply:

By-law No. 95-024

1.1. "Enclosure" shall mean a fence, a wall, or other structure inclusive of doors and gates which completely surround a pool; and such enclosure shall be a minimum of 1.2 metres (4 feet) in height;

1.2. "GatelDoor" shall mean any aperture in the ENCLOSURE designed to allow ingress and egress to the swimming pool and shall be of a similar or other adequate design as the enclosure and shall be equipped with a locking mechanism;

1.3. "Owner" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital;

1.4. "Swimming Pool" shall mean any privately owned body of water contained in part or in whole by artificial means in which the depth of water at any point exceeds 45 centimetres (18 inches) and which is used or capable of being used for swimming, diving or bathing;

1.5. "Township" shall mean The Corporation of the Township of Springwater;

SECTION 2 BUILDING PERMIT:

No person shall install, erect or construct a swimming pool prior to receiving approval and obtaining a Building Permit in accordance with the Building and Plumbing By-law of the Township.

SECTION 3 INSPECTION:

No person shall fill a swimming pool with water until an enclosure has been installed, erected or constructed around the entire swimming pool and the same has been inspected and approved by the Township.

SECTION 4

By-law No. 95-024

FENCES:

Any fencing forming part of an enclosure shall:

i)Not be located closer than 1.2 metres (4 feet) to a swimming pool;

ii)Not have rails or other horizontal members or diagonal bracing or attachments on the exterior side that would facilitate climbing;

iii)Not consist of any barbed or electrical wire, page wire or other material having similar dangerous characteristics;

iv)lf constructed of chain link, not have a mesh size greater than 38 millimetres (1.5 inches) measured diagonally;

v)lf constructed of vertical boards, not have spacing greater than 100 millimetres (4 inches) between the vertical boards and no horizontal members between 15 centimetres (6 inches) and 112 centimetres (44 inches) above adjacent ground level;

vi)lf constructed of any other material, shall incorporate all the above noted safety measures and shall be approved by the Township prior to the issuance of a building permit.

SECTION 5 GATESIDOORS:

Every gate/door which allows ingress and egress from the swimming pool area within the enclosure shall be kept locked at all times whenever a responsible person is not present to supervise the swimming pool.

SECTIONS BOUNDARY ENCLOSURE:

An enclosure which is located along the property line and complies with the provisions of this By-law shall be deemed to be a sufficient enclosure provided it only encloses the yards in which the swimming pool is located. An enclosure which surrounds the entire property does not comply with this section of the By-law.

SECTION 7 EXEMPTIONS:

An enclosure shall not be required where the outside wall of a swimming pool is elevated 1.2 metres (4 feet) above the finished grade of the adjacent 1.2 metres (4 feet) of ground abutting such wall. Each and every access shall be provided with provisions to secure against entry in accordance with the provisions of this By-law. All walls to such swimming pools shall not facilitate climbing. This exemption does not exempt the requirement to obtain a building permit in accordance with Section 2 of this By-law.

SECTION 8 NON-COMPLIANCE:

Any owner found not complying with this By-law will be required to drain the swimming pool forthwith until such compliance is obtained and endorsed by an inspection by the Township.

SECTION 9 OFFENCES:

9.1. Any person who contravenes any provision of this By-law is guilty of an offense and subject to a penalty pursuant to the Provincial Offences Act, R.S.O. 1990, P.33.

9.2. The conviction of an offender upon the breach of any provisions of this By-law shall

By·law No. 95-024

not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge may convict any offender repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, R.S.O. 1990, MA5, s. 327, as amended from time to time, shall further apply to any continued or repeated breach of this By-law.

9.3. If any court of competent jurisdiction finds any of the provisions of the By-law to be ultra vires the jurisdiction of the Council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law which shall remain in full force and effect.

SECTION 10 REPEAL:

That By-law No. 72-12 of the former Village of Elmvale, By-law No. 22-74 of the former Township of Flos, and By-law No. 91-29 of the former Township of Vespra be and are hereby repealed.

SECTION 11 MISCELLANEOUS:

11.1.Where the context permits, words importing the singular member of or the masculine gender, shall also include more persons, parties or things of the same kind than one and female as well as male.

11.2.This By-law may be cited as the "Pool Fencing By-law".

SECTION 12 ENACTMENT:

That the By-law shall take full force and effect upon the date of final passing hereof.

READ A FIRST AND SECOND TIME THIS THE 20TH DAY OF MARCH, 1995.

READ A THIRD TIME AND FINALLY PASSED THIS THE 20TH DAY OF MARCH, 1995.


By-law No. 95-024