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New bylaws crack down on fences and pools

Homeowners in Brace­bridge better think twice before putting up a new fence.

A new fence bylaw was announced recently in conjunction with an updated version of the town’s pool enclosure bylaw.

Dana Rahkola, Bracebridge assistant director of development services, presented an outline of the new bylaws to the town’s development services committee April 9.

Rahkola explained that over the years, town staff has encountered several disputes regarding fences, which have been difficult to arbitrate because Bracebridge has never had a fence bylaw.

The fence bylaw will affect all new fences constructed within the Town of Bracebridge and any existing fence that is subsequently replaced or “substantially altered”.

The maximum height of any new residential fence cannot exceed four feet in the front yard and eight feet in the backyard. Certain exemptions to the height requirement include archways, tennis courts and fences near highways and railroads.

Non-residential fences are permitted to be eight feet in the front yard and 10 feet in the back.

Fences cannot be constructed of hazardous materials, such as barbed wire, except on some industrial and agricultural lands.

Electric fences can only be used on agricultural land with livestock, and can only be a maximum of 12 volts.

The fine for breaking any section of the bylaw is tentatively set at $150.

Unlike typical fences, pool enclosures require building permits, said Rahkola.

The original pool enclosure bylaw was passed in 1992, said Rahkola, and council had requested an updated version.

Under the new bylaw, an enclosure is required for any privately owned body of water for swimming that can hold 24 inches of water or more. It does not include natural bodies of water, irrigation ponds, decorative ponds or public swimming pools.

“Safety is the primary reason for the enclosure of pools,” said Rahkola. “Drowning is the second leading cause of death among Ontario children under five years old.”

Pool enclosures must be at least four feet from the edge of the pool, and above-ground pools must have handrails.

The enclosures can be a minimum of four feet high and a maximum of eight feet.

There are some exemptions for above-ground pools, which are at least four feet off the ground.

Pools with existing legal fences are in compliance. However, if the pool was installed prior to 1992 and has no fence, one is required within two years.

Rahkola said pool owners with a fence around their yard will still be required to have an additional fence around their pool.

“I have a bit of an issue with people building fences within fences,” said councillor Lori-Lynn Giaschi-Pacini.

Councillor Steve Clement questioned the status of hot tubs, and was told that all hot tub lids must be securely locked.

“Who’d have thought fences could be that interesting,” quipped councillor Scott Young.

Development services staff will review the bylaws and bring a finalized version back to the committee. If the bylaws are ratified by council on May 7, they will take effect immediately.

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