Acts and Regulations

81-126 - Provincial Building

Section 16.1
Disposition versions

Full text
16.1(1)No land shall be used for the purpose of a swimming pool unless the pool is enclosed by a fence or by a wall of a building or structure, or by a combination of walls and fences, at least one and six-tenths metres in height and meeting the requirements of this section.
16.1(2)Where a portion of a wall of a building forms part of an enclosure mentioned in subsection (1),
(a) no main or service entrance to the building shall be located therein; and
(b) any door therein, other than a door to a dwelling or dwelling unit, shall be self-closing and equipped with a self-latching device at least one and six-tenths metres above the bottom of the door.
16.1(3)An enclosure mentioned in subsection (1) shall not have rails, bracing or other attachments on the outside thereof that would facilitate climbing.
16.1(4)A fence mentioned in subsection (1)
(a) shall be made of chain link construction, with galvanized, vinyl or other CSA-approved coating, or of wood or of other materials, in the manner prescribed by subsection (5);
(b) shall not be electrified or incorporate barbed wire or other dangerous material; and
(c) shall be located at least
(i) one and one-quarter metres from the edge of the swimming pool, and
(ii) one and one-quarter metres from any condition that would facilitate its being climbed from the outside.
16.1(5)A fence under this section shall be designed and constructed
(a) in the case of a fence made of chain links, with
(i) no greater than four centimetre diamond mesh,
(ii) steel wire not less than No. 12 gauge, or a minimum No. 14 gauge CSA-approved coating forming a total thickness equivalent to No. 12 gauge wire, and
(iii) at least four centimetre diameter steel posts, set below frost in an envelope of cement and spaced not more than three metres apart, with a top horizontal rail of at least four centimetre diameter steel;
(b) in the case of a fence made of wood, with
(i) vertical boarding, not less than two and one-half centimetres by ten centimetres nominal dimensions spaced not more than four centimetres apart, attached to supporting members and arranged in such manner as not to facilitate climbing on the outside, and
(ii) supporting cedar posts at least twenty centimetres square or round with ten centimetre diameters, set below frost and spaced not more than two and one-half metres apart, with the portion below grade treated with a wood preservative, and with a top horizontal rail with dimensions of at least a width of five centimetres and a height of fifteen centimetres; and
(c) in the case of a fence constructed with materials and in a manner other than described in this subsection, in a manner that will ensure rigidity equal to the design and construction prescribed by this subsection.
16.1(6)Gates forming part of an enclosure mentioned in subsection (1)
(a) shall be equivalent to the fence in content, manner of construction and height;
(b) shall be supported on substantial hinges; and
(c) shall be self-closing and equipped with a self-latching device at least one and six-tenths metres above the bottom of the gate.
85-60