January 26, 1998
To: North York Community Council
From: George M. Dixon,
City Solicitor, North York
Subject: Fence - Swimming Pool Enclosure - 32 Windhill Crescent - in the Community of North York, Ward 6
Purpose:
To report on an application to permit the existing swimming pool enclosure to remain as constructed on the property municipally known as 32 Windhill Crescent notwithstanding that the said enclosure (fence) has been constructed contrary to North York Fence By-law 30901, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the request to maintain the existing pool enclosure as constructed be refused due to a number of deficiencies that render the enclosure unsafe.
Background:
The former City of North York enacted Fence By-law 30901 on July 8, 1992 being a by-law for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools.
Discussion:
The subject property is located on the north side of Windhill Crescent and contains one half of a semi-detached dwelling. An above ground swimming pool was erected in the rear yard approximately 7 years ago without the benefit of a building permit. An inspection of the pool enclosure revealed the following deficiencies:
1) the pool is located closer than 1.0m (3.3 feet) to a climbable condition
2) the gate to the pool area is not self-closing and self-latching
3) the gate is not being locked when the pool area is not in use
4) the window in the garage which forms part of the pool enclosure is not secure
5) clearance between the bottom of the fence and grade exceeds 50mm (2 inches)
6) the wire mesh on the fence is greater than 38mm (1
