CONSOLIDATED
CITY OF
BY-LAW NO. 05 - 88
A BY-LAW FOR PRESCRIBING THE HEIGHT AND
DESCRIPTION OF FENCES WITHIN THE CITY OF
WHEREAS Section 11(1)7 of the Municipal Act 2001 authorizes a municipal Council to pass by-laws with respect to fences;
AND WHEREAS the Building Code Act, 1992 empowers a municipal Council to pass by-laws respecting building permits and the issuance thereof;
NOW THEREFORE the Council of the Corporation of the
City of
1. Short Title:
1.1 The short title of this by-law shall be the Fence By-law.
2. Definitions:
2.1 “Chief Building Official”
means the Chief Building Official of the Corporation of the City of
2.2 “City” shall mean the
Corporation of the City of
2.3 “Driveway Visibility Triangle” means the triangular area formed by measuring 4.5 metres (15 feet) down the driveway and 4.5 metres (15 feet ) down the side lot line abutting a street;
2.4 “Fence” means any structure, except a structural part of a building, used to wholly or partially screen from view, enclose or divide a yard or other land, or mark or substantially mark the boundary between adjoining land, and includes any hedge or grouping of shrubs used for the same purpose in a front yard or a flankage yard;
2.5 “Flankage yard” means the space, extended to the rear lot line, between the longer lot line abutting a public highway and the nearest wall of the main building or the building line on a corner lot;
2.6 “Front yard” means the space, extended to the full width of the lot, between the main front wall of a building and the lot line abutting a public highway, but on a corner lot means the space, extended to the full width of the lot, between the shorter lot line abutting a public highway, other than a public lane, and the nearest wall of the main building on the lot;
2.7 “Height” means the vertical distance above grade or, if another reference point acceptable by the City is specified, vertical distance above the other reference point;
2.8 “Owner” means the owner, tenant, lessee or other person in care and control of the property on which the fence is located;
2.9 “Permit” means a fence permit required under this by-law;
2.10“Rear Yard” means a yard extending across the full width of the lot between the rear lot line or in the case of a triangular lot, between the apex of the triangle formed by the intersection of the side lot lines and the nearest wall of the main building;
2.11 “Side Yard” means a yard extending from the front yard to the rear yard between the side lot line and the nearest main wall of the main building;
2.12“Site Plan” means a drawing illustrating the location and dimensions of a pool and the fence surrounding the pool and the dimensions and location of ladders and other stair assemblies providing access to the pool, decks or other appurtenances;
2.13“Swimming Pool” means any outdoor structure, object or thing located on privately owned property that is intended to be used for swimming, wading, diving, bathing or soaking (as in a hot tub) in which the depth of water at any point can exceed 0.6 metres (2 feet), and includes the area enclosed by a fence.
3. General Provisions for Fences:
3.1 No fence shall:
(a) be made of sheet metal or corrugated metal panels or include anything that is sharp or protruding such as barbed wire;
(b) be located closer than 2 metres (6.56 feet) from a fire hydrant, except that a fence may be located no closer than 0.6 metres (1.97 feet) to the rear of a fire hydrant as viewed from the centre of a municipal road allowance;
(c) exceed 2.44 metres (8 feet) in height, except where other conditions of this by-law apply;
(d) in a residential zone, as set out in a City of Waterloo Zoning By-law, exceed 2.44 metres (8 feet) in height in the side or rear yard of a property, or exceed 0.9 metres (2.95 feet) in height in the front yard;
(e) in a commercial, industrial, institutional or
agricultural zone, as set out in a City of
(f) encroach onto City-owned or public lands or
daylight triangles as defined in the City of
(g) interfere with the natural drainage of the property on which it is erected or any adjacent property;
(h) be erected in such a manner as to obstruct visibility to drivers or pedestrians entering, exiting, crossing or approaching a driveway, roadway, laneway or walkway;
(i) Be electrified so as to provide electric shock to humans or animals, other than invisible pet fencing which has been pre-approved by the City;
(j) Include a driving gate or gate through which the property owner can drive vehicles over city-owned lands.
3.2 Every fence shall:
(a) have a surface that is painted, stained, varnished or protected with a similar protective finish, unless the material itself possess characteristics that offer protection against deterioration, such as cedar; and
(b) be maintained without visible deterioration.
3.3 Hedges or shrubs grown in a rear yard for the purpose of a fence may exceed any height restrictions contained within this by-law.
3.4 Except for fences described in Section 4 of this by-law to enclose a swimming pool, fences may be erected without a permit, but shall comply with this by-law.
4. Fences Surrounding Swimming Pools:
4.1 Permits Required:
4.1.1 No person shall excavate for, install, construct or erect a swimming pool in the City without a building permit to erect a fence issued by the Chief Building Official.
4.1.2 No person shall excavate for, install, construct or erect a swimming pool in the City without an access permit issued by the City’s Public Works Services Department should the owner of said property require access to or across City- owned lands.
4.1.3 No person shall excavate for, install, construct or erect a swimming pool in the City without first providing the City with a grade alteration permit provided at the time of the related building permit application.
4.2 Required Information for Permit Application:
4.2.1 Any person applying for a swimming pool fence permit shall follow
the requirements as described in the City of
4.2.2 In addition to the requirements of section 4.2.1 of this by-law, the applicant shall demonstrate the ability to access the property to install the pool without adversely affecting the neighbouring property. This shall involve obtaining access approval from the City’s Public Works Services Department to access adjacent City-owned lands or a letter of consent from any neighbouring property that would be accessed during the installation process. The neighbouring property to be protected includes private neighbouring lots, public property, laneways, public highways or other right-of-ways.
4.3 Height Restrictions:
4.3.1 Every owner of a swimming pool shall ensure that a fence is erected and maintained surrounding such pool and in the case of an in-ground swimming pool the fence shall:
(a) have a height of not less than 1.52 metres (5 feet) and not more than 2.44 metres (8 feet) measured from ground level to the top of the fence where the pool is located on a residential property; and
(b) have a height of not less than 2.44 metres (8 feet) and not more than 3.04 metres (10 feet) measured from the ground level to the top of the fence where the pool is located on a non-residential property.
4.3.2 Hedges or shrubs grown in a rear yard for the purpose of a fence shall not be considered to be a fence as required to enclose a swimming pool.
4.4. Fence Construction:
4.4.1 Every owner of a swimming pool shall ensure that the fence surrounding the swimming pool:
(a) is located at least 0.6 metres (1.97 feet) away from any other fence or other permanent object that may facilitate climbing of the swimming pool fence, or adjust the height of the fence to be measured from the top of the object, subject to the overall height limits as specified herein;
(b) is erected and maintained in a structurally sound condition so as to prevent access to the pool;
(c) where the fence is chain link, the diamond mesh shall not be greater than 38 mm (1 ½ inches) per link;
(d) where the fence is of wood construction, vertical boards shall not be less than 19 mm (3/4 inch) deep and 89 mm (3 ½ inches) wide and not more than 50mm (2 inches) apart;
(e) have a maximum opening of 100 mm (4 inches) between the bottom of the fence and the ground at any point directly below the fence.
4.5 Fences Gates and Ladders:
4.5.1 Every owner of a swimming pool shall ensure that:
(a) every gate through the swimming pool fence is equipped with a self-closing mechanism and a self-latching device and such mechanisms and devices are in proper working order at all times;
(b) a self-latching device is installed on the pool side of each gate near the top of the gate and such device is at least 1.2 metres (3.94 feet) above ground level;
(c) every gate is locked at all times when the swimming pool is not being used;
(d) where the swimming pool is an above-ground pool and exempt from the requirement for a fence, every ladder or other stair assembly providing access to the pool is locked in the upright position at all times when the pool is not being used; and
(e) the swimming pool fence is constructed and maintained in such a manner so as to prevent climbing thereof.
4.6 Exemption to Fence Permit:
4.6.1 In the case of an above-ground swimming pool, a fence is not required where:
(a) the vertical sides of the pool and any deck or other assembly forming part of the pool are the same minimum height as the fence height requirements for pools;
(b) such vertical sides and assemblies are constructed and maintained in such a manner to prevent the climbing thereof; and
(c) any ladder or stair providing access to the swimming pool or to any deck or other assembly forming part of the swimming pool is hinged and constructed in such a manner as to be latched in an upright position thereby preventing entry to the pool.
4.6.2 Where a swimming pool fence is constructed on the deck of a swimming pool and the deck is less than 0.9 metres (2.95 feet) above grade, the fence height shall be measured from the top of the swimming pool deck.
4.6.3 In the case of a hot tub, a fence is not required where the hot tub is fitted with a lid or cover that complies with American Society for Testing Materials (ASTM) Standard F1346, clauses 9.1, 9.2 and 9.4.
5. Fences on Corner Lots
5.1 No person shall erect, construct or permit to be erected or constructed a fence on a corner lot except in accordance with the following regulations:
(a) a fence not exceeding 0.91 metres (3 feet) in height may be erected within any part of a front yard and flankage yard;
(b) a fence having a maximum height of 1.82 metres (6 feet) may be erected in an exterior side yard provided it is set back a minimum of 1.5 metres (5 feet) from the flankage yard lot line; and in no case shall a fence be closer than 4 metres (13 feet) to the nearest edge of the traveled portion of the road;
(c) a fence having a maximum height of 2.44 metres (8 feet) may be erected within an interior side yard and rear yard, and within an exterior side yard provided it is set back a minimum of 4.57 metres (15 feet) from the flankage yard lot line;
(d) no fence exceeding 0.91 metres (3 feet) in height may be erected within any driveway visibility triangle.
6. Fences at Residential Construction Sites:
6.1 The person to whom a building permit is issued in respect of construction which will include an excavation greater than ten square metres in area and to a depth greater than 0.6 metres (2 feet) and take place at a residential construction site shall, before the commencement of construction erect or cause to be erected and maintained a fence enclosing the residential construction site and in accordance with the provisions of this by-law.
6.2 Where there is fencing on or adjoining a residential construction site erected prior to the application for a building permit in respect of that site, such fencing shall be deemed to be in compliance with this by-law provided it is extended along the entire perimeter of the residential construction site as determined by the Chief Building Official and the extended fencing is erected in accordance with this by-law.
6.3 The height of every construction site fence shall be a minimum of 1.52 metres (5 feet) and a maximum of 1.83 metres (6 feet) to be measured from the highest adjacent grade.
6.4 Every fence required under this section shall be located on the perimeter of the residential construction site as determined by the Chief Building Official and constructed as follows:
if of chain link construction, the chain link shall be fastened to a 38mm diameter metal bar which is securely fastened to metal posts not more than 3 metres apart and embedded into the ground to provide a rigid support;
if of wood construction, the exterior fence shall be at least 13mm exterior grade plywood, particle board or equivalent material that will not provide footholds for climbing. The facing shall be supported by 89mm x 89mm posts spaced at not more than 2.4 metres (8 feet) apart and embedded into the ground to provide a rigid support; and
if the fence is of the snow fence or plastic mesh type, the fencing should be securely fastened to T-bar posts not more than 3.04 metres (10 feet) apart and embedded into the ground to provide a rigid support.
6.5 A construction site fence may provide for openings sufficient to accommodate construction vehicles, machines and any other equipment providing services to the residential construction site provided that these openings are closed off and latched thereby preventing entry when there is no construction work taking place.
7. Fence Variance Committee:
7.1 The City hereby establishes a Fence Variance Committee for the purpose of reviewing and making recommendations to Council on applications by Owners for minor variances from the provisions of this by-law.
7.2 The Fence Variance Committee
shall consist of five (5) individuals who shall be appointed by Council from
residents of the City or persons employed by a
7.3 The Fence Variance Committee shall, as much as is practical in the circumstances, adhere to Council’s procedural rules for delegations in respect of persons desiring to make representations in support of or against a minor variance application..
7.4 The Fence Variance Committee may recommend to Council that any application for a minor variance be refused or that such relief as it considers appropriate be granted either absolutely or subject to conditions.
7.5 The Clerk shall place all reports made by the Fence Variance Committee under this Section before Council for consideration.
8. Exemptions and Transition:
8.1 This by-law shall not apply to fences erected by the City, any other municipality or the Provincial or Federal governments on land owned by those entities.
8.2 Notwithstanding the provisions of this by-law, any fence that is in existence prior to the date of the enactment of this by-law and in compliance with other applicable regulations including City of Waterloo by-laws, the proof of which shall lie with the owner of a property, shall be deemed to comply with this by-law and may be maintained with the same material, height and dimensions as previously existed including any repair work that may be done to such fence.
8.3 Despite sections 4.1 and 4.2 of this by-law, a permit shall not be required under this by-law for any swimming pool fence for which a permit has been issued by the City prior to the passing of this by-law provided that the fence continues to be maintained in a safe and sound condition.
9. Offence and Penalty:
9.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a penalty as set out in the Provincial Offences Act.
9.2 Where anything required to be done in accordance with this by-law is not done, the City or a person or persons designated by the City may carry out such work or take such action and recover the costs of so doing by adding the costs to the tax roll for the property on which the work was done or the actions were taken and collecting them in the same manner and with the same priority as municipal taxes.
9.3 This by-law shall come into effect on the date of the final passing thereof.
PASSED this 30 day of May, 2005.
_signed Herb Epp_____________________
MAYOR
_signed Fred Dobbs___________________
CITY CLERK