STAFF REPORT
March 1, 2000
To: Planning and Transportation Committee
From: Paula M. Dill, Commissioner, Urban Development Services
Subject: Harmonization of the Fence By-law
Purpose:
To report on the harmonization of the fence by-law.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that the attached harmonized fence by-law be received and forwarded to all Community Councils for
their review and comment for the next meeting of the Committee.
Background:
As part of our program to harmonize by-laws of the former municipalities, we have directed our attention to the fencing
by-law. Fencing, property standards, long grass and weeds, signs and noise are key by-laws for Municipal Licensing and
Standards. Consequently, they are high priorities for harmonization and will be developed through 2000 and 2001.
Comments:
The draft by-law you have before you is an attempt to synthesize a reasonable harmonization of the existing fence by-laws
so as to have a minimal impact on each community.
In addition to the draft by-law, attached you will find a comparison chart which has been prepared to illustrate what impact,
if any, the new harmonized by-law will have on each of the former municipalities.
Scarborough Community Council Recommendation:
In the past, Councils of the former municipalities have received requests for variances or exemptions from fencing by-laws.
At the present time, applications are considered by Community Councils and recommendations are forwarded on to
Council for consideration.
At its meeting on February 1, 2 and 3, 2000, Council adopted a recommendation by Scarborough Community Council
requesting the Acting Commissioner of Urban Development Services report to the Planning and Transportation Committee
on the harmonization of the fence by-law with a view to introducing appropriate standards in the zoning by-laws and
repealing the fence by-laws previously adopted under the Municipal Act. This report recommends that a harmonized fence
by-law be implemented until such time as zoning by-laws are harmonized.
In order to introduce standards to prescribe the height and description of fences in the existing zoning by-laws, it would be
necessary to introduce separate amendments to each of the zoning by-laws of the former municipalities. As you can
appreciate, this would be a lengthy process and ultimately would not provide any advantage in dealing with fencing issues.
If the primary reason for including fence regulations in the zoning by-laws is to create a fence appeal process, it may be
more appropriate to examine this approach when the zoning by-laws are being harmonized.
Conclusions:
The newly harmonized fence by-law is designed to ensure that all fences, including swimming pool enclosures, comply
with minimum standards to ensure the highest degree of safety for the community.
If, after review by Community Councils, the Committee finds it desirable to adopt the by-law, it is suggested that the City
Solicitor, in consultation with the Commissioner of Urban Development Services, be authorized to prepare and introduce
in Council a bill substantially in the form of the attached draft by-law.
In addition, consideration should be given to how the City can best deal with requests for a variance or exemption.
The form of the draft by-law has been reviewed and approved by the City Solicitor.
Contact:
E. Gino Vescio
Sr. Policy and Research Officer
Municipal Licensing and Standards Division
Policy and Business Planning Unit
Telephone: 392-8769
Fax: 392-8805
PAULA M. DILL
Commissioner
Urban Development Services
List of Attachments:
Draft Fence By-law
Comparison Chart
Authority:
Adopted by Council:
CITY OF TORONTO
BY-LAW No. -2000
To prescribe the height and description of fences on private property and to require owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around the swimming pools.
WHEREAS Council has authority under paragraphs 25, 28 and 30 of section 210 of the Municipal Act, to pass this by-law;
Now therefore, the Council of the City of Toronto HEREBY ENACTS as follows:
PART 1
1. In this by-law
(a) CITY means the City of Toronto;
(b) 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;
(c) 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 on a corner lot;
(d) 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 building on the lot;
(e) HEIGHT means vertical distance above grade or, if another reference point is specified, vertical distance above the
other reference point;
(f) MULTIPLE RESIDENTIAL PROPERTY means land other than single residential property that is used for residential
purposes only and includes land used for hotels and vacant land abutting multiple residential property;
(g) NON-RESIDENTIAL PROPERTY means land that is used for other than residential purposes and includes land used
for both residential and other purposes and vacant land abutting non-residential property;
(h) OFFICER means any City employee assigned responsibility for enforcing this by-law;
(i) OUTSIDE, when used with reference to a swimming pool enclosure, means the side external to the enclosed area in
which the pool is located;
(j) OWNER includes the registered owner of any property; the person for the time being managing or receiving the rent of
the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee
of any other person, or who would so receive the rent if such land and premises were leased; and a lessee or person in
charge of the property;
(k) PERSON means an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an
individual in his or her capacity as a trustee, executor, administrator or other legal representative;
(l) SINGLE RESIDENTIAL PROPERTY means land that is used for not more than two dwelling units in a detached or
semi-detached building and vacant land abutting single residential property;
(m) SWIMMING POOL means any outdoor structure or thing located on privately-owned property that is capable of being
used for swimming, wading or bathing and in which the water depth at any point can exceed 600 millimetres;
(n) SWIMMING POOL ENCLOSURE means a fence, wall or other structure, including any permitted door, gate or other
opening, which surrounds and restricts access to an outdoor swimming pool;
PART 2 - FENCES
2. Prohibited fences
(1) No person shall erect, own or maintain, or cause or permit the erection or maintenance of any fence on private property
in the City of Toronto that does not comply with this by-law and with any other applicable law.
(2) No barbed wire, chicken wire or other barbed or sharp material shall be used in any fence unless the fence is permitted
by section 3 to exceed 2.5 metres in height and the barbed or sharp material is installed at a height of not less than 2.5
metres on metal brackets inclined towards the enclosed area at an angle of 45 degrees.
(3) No sheet metal or corrugated metal panels shall be used in any fence.
(4) No fence or attachment to a fence shall be used as a conductor of electricity unless the fence is located on agricultural
land that is in actual use for raising livestock and the fence or attachment:
(a) carries electricity of not more than 12 volts;
(b) is designed and installed only to contain livestock; and
(c) has signs installed at not more than 12 metre intervals along the fence warning that the fence carries electricity.
3. Fence height
(1) No fence described in the following Table shall, when measured at any point along its length from the highest grade
within 1 metre on either side of the fence, exceed the height set out in the Table for the fence.
(2) Where more than one description in the following Table applies to a fence, each part that corresponds to a single
description shall be deemed to be a separate fence for the purpose of determining the maximum height for that part.
(3) Despite subsection (1), no part of a fence on single residential property that is closer than 1.8 metres to a window
located above the basement in a dwelling on abutting single residential property shall exceed a height of 1.2 metres or,
subject to subsection (1), the height of the sill of the window, whichever is higher, unless the fence is a chain link fence
with open mesh.
SECTION 3 TABLE
MAXIMUM HEIGHT OF FENCES |
DESCRIPTION OF FENCE |
FENCE ON SINGLE
RESIDENTIAL PROPERTY |
FENCE ON MULTIPLE
RESIDENTIAL PROPERTY |
FENCE ON NON-RESIDENTIAL
PROPERTY |
Fence in front yard within 2.4
metres of front lot line |
1.2 metres for open mesh
chain link fence and 800
millimetres for any other type |
1.2 metres for open mesh
chain link fence and 800
millimetres for any other type |
1.2 metres for open mesh
chain link fence and 800
millimetres for any other type |
Fence in front yard not within
2.4 metres of front lot line |
1.2 metres |
1.2 metres |
1.2 metres |
Fence in flankage yard within
2.4 metres of side lot line and
2.4 metres of any driveway |
2 metres for open mesh chain
link fence and 800
millimetres for any other type |
2 metres for open mesh chain
link fence and 800
millimetres for any other type |
2 metres for open mesh chain
link fence and 800
millimetres for any other type |
Fence in flankage yard not
within 2.4 metres of side lot
line and 2.4 metres of any
driveway |
2 metres |
2 metres |
2.5 metres |
Fence on unroofed deck |
2 metres above surface of
deck |
2 metres above surface of
deck |
2 metres above surface of
deck |
Fence abutting multiple
residential property |
2.5 metres |
2.5 metres |
2.5 metres |
Fence abutting
non-residential property |
2.5 metres |
2.5 metres |
2.5 metres |
Fence not in front yard or
flankage yard abutting public
highway or public walkway |
2.5 metres |
2.5 metres |
2.5 metres |
Fence abutting rapid transit
right of way |
2.5 metres |
2.5 metres |
No maximum |
Fence for tennis court,
baseball diamond or other
recreational facility |
3 metres |
3 metres |
No maximum |
Any other fence |
2 metres |
2 metres |
2.5 metres |
PART 3 SWIMMING POOL ENCLOSURES
4. Enclosure required
Subject to the exceptions in section 9, every owner of a swimming pool shall erect and maintain a swimming pool
enclosure that:
(1) complies with this by-law;
(2) completely encloses the area in which the swimming pool is located; and
(3) has no opening except a door, window or gate that complies with this by-law.
5. Permits and inspections
(1) No person shall excavate for or erect, or cause or permit excavation for or erection of, a swimming pool without first
obtaining a permit from the Chief Building Official for a swimming pool enclosure for the proposed pool.
(2) An application for a permit for a swimming pool enclosure shall be in the form required by the Chief Building Official
and shall be accompanied by plans:
(a) showing the location of the swimming pool in relation to lot lines and adjacent buildings;
(b) providing complete details of the swimming pool enclosure; and
(c) providing any other details and information required by the Chief Building Official for determining compliance with
this by-law.
(3) An application for a permit for a swimming pool enclosure shall be refused if the proposed swimming pool enclosure
would contravene this by-law or any other applicable law.
(4) Every owner of property on which a swimming pool is under construction shall erect and maintain a swimming pool
enclosure that complies with this by-law in every respect except that it may consist of temporary fencing if authorized by
the Chief Building Official or an Officer.
(5) Any authorization to erect temporary fencing is granted on the condition that the temporary fencing shall be replaced
with a permanent swimming pool enclosure that fully complies with this by-law when an Officer directs replacement or
when construction of the swimming pool is substantially complete, whichever occurs first, and in determining whether to
direct replacement of temporary fencing, an Officer shall consider, among other factors, whether construction is proceeding
expeditiously, whether temporary fencing is being adequately maintained and whether safety might be compromised
without a permanent enclosure.
(6) Temporary fencing shall be erected in a good, workmanlike manner and shall consist of steel "T" posts spaced at not
more than 1.2 metre centres and embedded at least 600 millimetres into the ground with 38 millimetre plastic mesh fencing
at least 1.2 metres high that is securely fastened to the posts at 200 millimetre centres and horizontally secured at the top
and bottom by an 11 gauge steel lacing cable threaded through the mesh and looped and fastened to each post, or any other
fence acceptable to an Officer.
(7) No person shall fill a swimming pool with water, or permit water to collect or remain in a swimming pool until an
Officer has conducted an inspection and confirmed completion of a permanent swimming pool enclosure that fully
complies with this by-law.
6. Access protection
(1) A swimming pool enclosure shall be designed and constructed so that the principal entrance to any main building is
located outside the enclosed area.
(2) Where a wall of a building forms part of a swimming pool enclosure, any entrance to the enclosed area in the wall shall
be no closer than 1.2 metres horizontally to the water's edge in the pool and shall be protected by a door that is:
(a) kept locked at all times except when the enclosed area is in use; and
(b) self-closing and equipped with a lockable, self-latching device installed at least 1.5 metres above floor level if the door
leads from any other area than a living area of a building. (3) Where a wall of a building forms part of a swimming pool
enclosure, any ground floor window in the wall which is less than 1.5 metres above floor level shall not be capable of being
opened more than 100 millimetres unless a guard is permanently installed on the window to prevent the passage of a
spherical object having a diameter of more than 100 millimetres through the window.
(4) Every gate in a swimming pool enclosure shall be:
(a) constructed in compliance with section 8;
(b) supported on substantial hinges;
(c) self-closing and equipped with a lockable, self-latching device located on the inside near the top of the gate or on the
outside at least 1.5 metres above grade; and
(d) kept locked at all times except when the enclosed area is in use.
7. Enclosure height
(1) The minimum height of a swimming pool enclosure above the highest outside grade within 1 metre of the enclosure
shall comply with the following Table when measured at any point along the enclosure.
SECTION 7 TABLE
MINIMUM HEIGHT OF SWIMMING POOL ENCLOSURES |
ENCLOSURE
TYPE |
POOL ON SINGLE
RESIDENTIAL
PROPERTY |
POOL ON MULTIPLE
RESIDENTIAL PROPERTY |
POOL ON
NON-RESIDENTIAL
PROPERTY |
Metal picket fence |
1.2 metres |
1.5 metres |
1.5 metres |
Any other enclosure type |
1.2 metres |
1.8 metres |
1.8 metres |
(2) The maximum height of any fence used in a swimming pool enclosure shall comply with section 3.
8. Construction standards
(1) A swimming pool enclosure including any gate forming part of the enclosure shall:
(a) be no closer than 1.2 metres horizontally to the water's edge in the pool;
(b) be no closer than 1 metre to any external condition that may facilitate climbing the outside of the enclosure unless the
height of the enclosure is at least 1.8 metres for a distance of at least 1 metre on each side of the condition;
(c) have no element or attachment between 100 millimetres and 1.2 metres above grade that may facilitate climbing the
outside of the enclosure; and
(d) have a facing material installed on the outside of the enclosure which extends from no more than 50 millimetres above
grade to the required minimum height of the enclosure, but, if a hard surface such as concrete, asphalt, paving stones or
patio slabs extends for a distance of 500 millimetres on each side of a gate, the clearance under the gate may be no more
than 100 millimetres.
(2) Every fence and gate used in a swimming pool enclosure shall be constructed
to the following standards:
A. A chain-link fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner and in
compliance with the following Table.
SECTION 8 TABLE
MINIMUM STANDARDS FOR CHAIN LINK FENCE CONSTRUCTION |
FENCE COMPONENTS |
POOL ON SINGLE RESIDENTIAL
PROPERTY |
POOL ON MULTIPLE RESIDENTIAL
OR NON-RESIDENTIAL
PROPERTY |
MESH SIZE |
38 millimetres maximum |
38 millimetres maximum |
MESH GAUGE
(Galvanized wire) |
14 gauge galvanized wire and 2 gauge
vinyl for 12 gauge total thickness |
11 gauge galvanized wire and 2 gauge
vinyl for 9 gauge total thickness |
GATE & END (TERMINAL) POSTS:
(1) Diameter
(2) Depth of Embedment |
48 millimetres
760 millimetres (in 200 millimetre diameter
concrete) |
60 millimetres
760 millimetres (in 200 millimetre diameter
concrete) |
INTERMEDIATE POSTS:
(1) Diameter
(2) Depth of Embedment |
38 millimetres
760 millimetres |
48 millimetres
760 millimetres |
TOP RAIL (Diameter)
BOTTOM WIRE (Diameter)
GATE FRAME (Diameter)
SPACING OF POSTS |
32 millimetres
9 gauge galvanized, threaded through the mesh
and looped and fastened to each post.
32 millimetres
2.4 metres maximum |
32 millimetres
9 gauge galvanized, threaded through the mesh
and looped and fastened to each post.
32 millimetres
2.4 metres maximum |
B. A wood fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner as follows:
(i) vertical boards shall be not less than 19 millimetre by 89 millimetre lumber and shall be spaced not more than 38
millimetres apart where horizontal rails are spaced less than 1.2 metres apart and not more than 100 millimetres apart
where horizontal rails are spaced at least 1.2 metres apart; and
(ii) vertical boards shall be attached to horizontal rails that are not less than 38 millimetre by 89 millimetre lumber and that
are supported on substantial posts with a minimum dimension of 89 millimetres spaced not more than 2.4 metres apart and
embedded to a minimum depth of 900 millimetres below grade.
C. A metal picket fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner as
follows:
(i) vertical pickets shall be spaced not more than 38 millimetres apart where horizontal rails are spaced less than 1.2 metres
apart and not more than 100 millimetres apart where horizontal rails are spaced at least 1.2 metres apart; and
(ii) horizontal rails shall be supported on substantial posts spaced not more than 2.4 metres apart and embedded in concrete
to a minimum depth of 900 millimetres below grade.
9. Exceptions
(1) Part 3 of this by-law does not apply to an above-ground pool erected before the day this by-law comes into force if the
pool complies with the following standards:
(a) the pool is not less than 1.2 metres above grade;
(b) a guard not less than 1 metre high is provided around any platform or deck;
(c) the combined height of the swimming pool structure and any guard is not more than 2.6 metres;
(d) the outside of the swimming pool structure and any guard is free of any element or attachment that may facilitate
climbing;
(e) no part of the swimming pool structure is closer than 1.2 metres to any lot line; and
(f) the point where a user of the above-ground pool gains access to the pool is protected by a gated enclosure which
complies with the requirements for swimming pool enclosures set out in sections 5 through 8 inclusive.
(2) Part 3 of this by-law does not apply to a whirlpool, hot tub or spa if it has a substantial, structurally adequate cover
permanently attached to it or to its supporting structure and the cover is securely fastened and locked to prevent access at
all times when the whirlpool, hot tub or spa is not in use.
PART 4 GENERAL
10. Offence
Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction, is liable to
a fine or penalty as provided for in the Provincial Offences Act.
11. Exemptions
Where the City or a City employee exercising lawful authority requires a specified fence to be erected, the specified fence
is exempt from any provision of this by-law with which it does not comply.
12. Conflict
Where this by-law conflicts with any other by-law, this by-law prevails to the extent of the conflict.
13. Repeal, transition
(1) Except as provided in subsection (2), the by-laws listed in Schedule "A" to this by-law are repealed.
(2) Despite subsection (1), where a person is alleged to have contravened a by-law listed in Schedule "A" prior to the date
this by-law comes into force, the by-law listed in Schedule "A" shall continue to be in full force and effect for the purposes
of any enforcement proceedings brought against such person until the proceedings have been concluded.
(3) Any fence or swimming pool enclosure that was lawfully erected before the day this by-law comes into force is deemed
to comply with this by-law and may be maintained as erected, but when the fence or swimming pool enclosure is replaced,
the replacement fence or swimming pool enclosure shall comply with this by-law.
ENACTED AND PASSED this day of , 2000.
Mayor City Clerk
SCHEDULE "A"
1. By-law No. 81-89 of the former Borough of East York, as amended.
2. By-law No. 19-94 of the former Borough of East York, as amended.
3. Municipal Code of the former City of Etobicoke, Chapter 234, Swimming Pools, Article I, Fencing.
4. By-law No. 30901 of the former City of North York, as amended.
5. By-law No. 18439 of the former City of Scarborough, as amended.
6. By-law No. 24945 of the former City of Scarborough, as amended.
7. Municipal Code of the former City of Toronto, Chapter 182, Fences, Article II, Height and Description of Boundary
Fences.
8. Municipal Code of the former City of Toronto, Chapter 318, Swimming Pools.
9. By-law No. 1178-87 of the former City of York, as amended.
10. By-law No. 2537-76 of the former City of York, as amended.