City of Kingston Report to Administrative Policies Committee Report Number AP

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1 To: From: Resource Staff: Date of Meeting: July 10, 2014 Subject: Executive Summary: City of Kingston Report to Administrative Policies Committee Report Number AP Chair and Members of Administrative Policies Committee Lanie Hurdle, Commissioner, Community Services Terry Willing, Director, Building & Licensing Amendments to By-Law , A By-Law to Regulate Fences It is proposed that the Fence By-Law be amended to increase the fence height to 8 feet (2.4 metres) from the current 6 feet (1.8 metres) maximum for fences located in the rural boundary and where single, semi or duplex dwellings are adjacent to commercial, institutional, industrial or multi-unit dwellings. Where single family dwellings, semi-detached dwellings and duplex dwellings are adjacent to the same, the present by-law maximum height of 6 feet (1.8 metres) would remain but would allow a 1 foot (.3 metres) semi private lattice of a minimum 1.5 square inches (9.7 square centimetres) opening to be attached to the 6 foot (1.8 metre) fence for a total maximum height of 7 feet (1.7 metres). The present by-law allows for an 8 foot (2.4 metres) fence but only where the fence backs onto an arterial road. It is proposed that posts for such fences higher than 6 feet (1.8 metres) be increased to 6 x 6 inch (150 mm x 150 mm) from the current 4 x 4 inch (100 mm x 100 mm) standard, and that such posts be supported by 10 inch diameter concrete piers. It is also proposed that fencing be permitted around the top of the perimeter of above ground pools in place of fencing 4 feet (1.2 metres) from the water s edge. The proposed amendments reflect changes that have been requested by the public, the Administrative Policies Committee and contractors, and would be more consistent with what other by-laws allow in similar sized cities. 16

2 Report to Council Report Number: AP July 10, 2014 Page 2 of 5 Recommendation: That Council approve By-Law 2014-XXX, in Exhibit A to Report Number AP , to amend By-Law A By-Law to Regulate Fences within the City of Kingston commonly known as the By-Law to Regulate Fences. Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Commissioners: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Not required Not required Not required 17

3 Report to Council Report Number: AP July 10, 2014 Page 3 of 5 Options/Discussion: At the Administrative Policies Committee Meeting Number held on Wednesday, March 19, 2014 it was resolved: That the Administrative Policies Committee defer the report regarding Amendments to By-Law , A By-Law to Regulate Fences to staff to consider the following: 1. the feasibility of an eight foot fence in rural and urban areas; 2. permitting a six foot solid fence topped with twelve to fourteen inches of lattice in the urban area; 3. impact of density, lot size and zoning; 4. grandfathering in certain circumstances; and 5. examine By-Law in relation to screens on decks vs. a fence within setbacks; and That staff report to the Administrative Policies Committee with a revised report regarding Amendments to By-Law , A By-Law to Regulate Fences. The recommended changes are to reflect the public requests and the above motion from the Administrative Policies Committee to allow fences to be up to 8 feet (2.4 metres) high in certain cases, to provide additional support to fences that are up to 6 feet (1.8 metres) high and up to 8 feet (2.4 metres) high, and to provide an alternative to fencing for above ground pools. 1) Increase Maximum Fence Height to 8 Feet A draft by-law to incorporate staff recommended changes is attached as Exhibit A to Report Number AP The current Fence By-Law was passed in 2003 and allows a maximum fence height of 6 feet (1.8 metres) unless said fence backs onto an arterial road then an 8 foot high fence (2.4 metres) is permitted. Staff received numerous complaints from both fencing contractors and the public regarding fence heights that exceed 6 feet (1.8 metres) or clients who requested that the City allow higher fencing to provide increased privacy from neighbours. In reviewing fence by-laws in other cities such as Toronto, Ottawa, Windsor and Kitchener, many permit fences up to 8 feet (2.4 metres) in height or greater. It is recommended that in the rural boundary shown on the map (attached as Schedule B to Exhibit A) or when a single family dwelling, semi-detached dwelling, duplex or row house is adjacent to commercial, industrial, institutional or apartment dwellings, that a 2.4 metre (8 feet) high fence would be permitted. Commercial, industrial, institutional and multi-dwellings are permitted to construct a fence no greater than 2.4 metres (8 feet) adjacent to any other use. It is also recommended that a 1 foot (.3 metres) high semi private lattice having a minimum 1.5 square inches (9.7 square centimetres) opening be allowed to be constructed on a fence permitted to be 6 feet (1.8 metres) allowing a total of 7 feet (1.7 metres) in height. 18

4 Report to Council Report Number: AP July 10, 2014 Page 4 of 5 2) Increase Post Sizes for Fences Greater Than 6 Feet in Height In reviewing the higher fences, staff checked requirements for 8 foot (2.4 metres) high fences specified in plans of subdivisions where property abuts an arterial road and found that 6 x 6 inch (140 mm x 140 mm) posts were required to prevent premature leaning or collapse of fences built to this height. 4 x 4 inch (100 mm x 100 mm) posts are sufficient for fences built up to 6 feet high (1.8 metres). 3) Increase in Post Hole Sizes for 6 Foot and 8 Foot Fences In reviewing the requirements for post holes, staff also recommend an increase in the size of post holes to support fences up to 6 feet high (1.8 metres) and for fences greater than 6 feet (1.8 metres) high. The existing by-law permits a 4 inch (100 millimetres) or 6 inch (150 millimetres) diameter hole filled with concrete to support a 4 x 4 inch (100 millimetres x 100 millimetres) post and has resulted in some fences leaning and not being sufficiently supported. Staff recommend that a minimum 8 inch (200 millimetres) hole filled with concrete be required for fences built with 4 x 4 inch posts (100 millimetres x 100 millimetres) up to 6 feet (1.8 metres) in height. For the same reason, it is recommended that an 8 foot (2.4 metres) high fence with 6 x 6 inch posts (150 millimetres x 150 millimetres) be supported by a minimum 10 inch (250 millimetres) hole filled with concrete to provide stability. 4) Provision for Fencing Around the Perimeter of Above Ground Pools The current by-law does not allow this type of fencing. It is proposed that this be permitted provided the ladder area (or deck) which provides access to the above ground pool shall be enclosed by a gate enclosure which complies with the requirements for enclosures set out in this by-law and that the above ground pool fence shall be designed to meet the ANSI/NSPI Model Barrier Code for above ground/on ground swimming pools or equivalent approval agency. This option was available in City East prior to By-Law and allowed the public to provide a safe alternative to having to provide a wood or chain link fence 5 feet (1.5 metres) from the wetted perimeter of the pool. Existing Policy/By-Law: By-Law A By-Law to Regulate Fences in the City of Kingston under the authority of the Municipal Act. Notice Provisions: There are no requirements for public notice under the Municipal Act for amendments to a fence by-law. Details of the adopted changes will be posted on the City website and provided to local pool companies. Accessibility Considerations: Not applicable 19

5 Report to Council Report Number: AP July 10, 2014 Page 5 of 5 Financial Considerations: Not applicable Contacts: Terry Willing, Director, Building and Licensing Department extension 3240 Del Stowe, Manager, Building Department extension 3261 Other City of Kingston Staff Consulted: Mark McLaughlin, Senior Legal Counsel, Legal Services Department Exhibits Attached: Exhibit A - By-Law 2014-XXX being, a By-Law to Amend By-Law , A By-Law to Regulate Fences within the City of Kingston 20

6 Page 1 of 11 Exhibit A to Report Number AP By-Law Number 2014-XXX A By-Law to Amend By-Law Number , A By-Law To Regulate Fences Passed: Month XX, 2014 Whereas the City of Kingston recognizes options for height of fences, required support of fences and for options to fencing above ground pools; Therefore be it resolved that the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. By-Law Number entitled A By-Law to Regulate Fences as amended, is hereby further amended as follows: 1.1 Index of By-Law is repealed in its entirety and the following substituted: INDEX Section Page Definitions 1 1 Application 2 3 Administration 3 3 Regulations 4 4 Height and Description of Lawful Fences 4 4 Sight Triangles 4 4 Barbed Wire 4 5 Electrified Wire 4 5 Requirements for Pool Fences 4 5 Above Ground Pools 4 6 Exemptions 5 6 Schedules 6 7 Offence and Penalty Provisions 7 7 Validity 8 8 Commencement

7 City of Kingston By-Law Number 2014-XXX Exhibit A Page 2 of Section 4.5 of By-Law is repealed and the following substituted: 4.5 No person shall construct a fence that is greater than 1.8 metres (6 feet) in height on or around a property except in the rural boundary shown on map (Schedule B) or when a single family dwelling, semi-detached dwelling, duplex or row house is adjacent to Commercial, Industrial, Institutional or multi-unit dwellings in which case a 2.4 metre (8 feet) high fence would be permitted. A.3 metre (1 foot) high semi private lattice having a minimum 9.7 square centimetres (1.5 square inches) opening is permitted to be constructed on a fence permitted to be 1.8 metres (6 feet) allowing a total of 1.7 metres (7 feet) in height. Commercial, Industrial and Institutional are permitted to construct a fence no greater than 2.4 metres (8 feet) adjacent to any other uses. 1.3 Section 4.7 of By-Law is repealed and the following substituted: 4.6 Despite section 4.5, no person shall construct a fence that is greater than 2.7 metres (9 feet) in height on or around an industrial property, a public utility, an installation for the generation and distribution of electricity, a pipeline valve, a storage site for chemicals and explosives, a sludge pit or a property used for a similar or related purpose, and the location of every such fence shall comply with the yard and setback requirements of the zoning by-law that applies to the property. 1.4 Section 4.8 of By-Law is repealed and the following substituted: 4.7 A fence of chain link construction in section 4.6 shall comprise chain link with diamond mesh of not greater than 38 millimetres (1.5 inches), consisting of 12 gauge galvanized steel wire or 14 gauge galvanized steel wire covered with vinyl or another coating that is acceptable to the Manager, Building and Licensing, which forms a total thickness equivalent to 12 gauge galvanized steel wire. 1.5 Section 4.9 of By-Law is repealed and the following substituted: 4.8. Despite sections 4.5 to 4.7, no person shall construct a fence on his or her property within a sight triangle that is greater than 1.0 metre (3.3 feet) in height above the centre line of the adjacent streets. 1.6 Section 4.10 of By-Law is repealed and the following substituted: 4.9 No person shall construct a fence consisting wholly or partly of barbed wire or other barbed material on a residential property or on a non-residential property that adjoins a residential property, highway or public property. 1.7 Section 4.11 of By-Law is repealed and the following substituted: 4.10 Despite section 4.9, a person may construct a fence consisting wholly or partly of barbed wire or other barbed material on a non-residential property that 22

8 City of Kingston By-Law Number 2014-XXX Exhibit A Page 3 of 11 adjoins a residential property, highway or public property, provided that the barbed wire or other barbed material on the side of the fence next to the adjoining residential property, highway or public property shall be masked or covered with wooden slats or laths of a sufficient thickness and breadth to provide protection against injury to persons and animals. 1.8 Section 4.12 of By-Law is repealed and the following substituted: 4.11 Despite section 4.9, a person may construct a fence consisting wholly or partly of barbed wire or other barbed material on or around an agricultural property, industrial property, public utility, installation for the generation and distribution of electricity, pipeline valve, storage site for chemicals and explosives, sludge pit or other property used for a similar or related purpose, regardless of the use of the adjoining properties. 1.9 Section 4.13 of By-Law is repealed and the following substituted: 4.12 No person shall construct a fence consisting wholly or partly of electrified wire material on or around a residential property or on or around a non-residential property that adjoins a residential property, highway or public property Section 4.14 of By-Law is repealed in its entirety and the following substituted: 4.13 Despite section 4.12, a person may construct a fence consisting wholly or partly of electrified wire material on or around an agricultural property, regardless of the use of the adjoining properties Section 4.15 of By-Law is repealed and the following substituted: 4.14 The requirements of this by-law with respect to pool fences apply equally to in ground, on ground, and above ground pools unless above ground pools meet requirements set out in sections 4.22, 4.23 and Sections 4.16, 4.17, 4.18 and 4.19 of By-Law are repealed and the following substituted: 4.15 The requirements of this by-law with respect to pool fences do not apply to structures known as hot tubs, whirlpools and spas The owner of every structure known as a hot tub, whirlpool or spa shall keep a secure cover of rigid material locked in place over the opening at all times when the structure is not occupied, and no person shall leave a hot tub, whirlpool or spa without first locking the cover in place to prevent access when the structure is not occupied. 23

9 City of Kingston By-Law Number 2014-XXX Exhibit A Page 4 of No person shall construct a pool fence or shall construct a pool unless he or she has obtained a pool fence permit in accordance with section Every person, before constructing a pool, shall enclose the area with a fence that complies with the standards for a temporary pool fence set out in Schedule A of this by-law Section 4.20 of By-Law is repealed and the following substituted: 4.19 Section 4.18 does not apply to a person who has constructed a fence that complies with the standards for a permanent pool fence set out in Schedule A of this by-law Sections 4.21 and 4.22 of By-Law are repealed and the following substituted: 4.20 No person shall place, cause or permit water to be placed or to remain in a pool unless the person has constructed a fence that complies with the standards for a permanent pool fence set out in Schedule A of this by-law, and unless the person maintains the fence in a good state of repair The owner of every pool shall be responsible for ensuring that the requirements of this by-law with respect to pool fences are complied with Add a title for Section 4.22 to 4.24 of By-Law : Above Ground Pools 1.16 Sections 4.22 to 4.24 are added to By-Law : An above ground pool fence shall be permitted for protection on the upper portion of an above ground pool provided the sides of the pool are a minimum of 1.2 metres above grade and the spacing in the fence does not exceed 100 millimetres, between vertical members, as determined in accordance with this bylaw The ladder area (or deck) which provides access to the above ground pool shall be enclosed by a gate enclosure which complies with the requirements for enclosures set out in this by-law The above ground pool fence shall be designed to meet the ANSI/NSPI Model Barrier Code for above ground/on ground swimming pools or equivalent approval agency, as set out in Schedule A of this by-law Section 6 Schedules of By-Law is repealed and the following substituted: The following Schedules are attached to and form part of this by-law: 24

10 6.1. Schedule A: Standards for Pool Fences 6.2. Schedule B: Diagrams and Map City of Kingston By-Law Number 2014-XXX Exhibit A Page 5 of This By-Law shall come into force and take effect on the date of its passing. Given First and Second Readings Month XX, 2014 Given Third Reading and Passed Month XX, 2014 John Bolognone City Clerk Mark Gerretsen Mayor 25

11 1. Temporary Pool Fences Schedule A: Standards for Pool Fences City of Kingston By-Law Number 2014-XXX 1.1. A temporary pool fence shall be 1.2 metres (4 feet) in height. Exhibit A Page 6 of It shall consist of vertical wood lath with openings not greater than 38 millimetres (1.5 inches), or of plastic mesh with a mesh not greater than 38 millimetres (1.5 inches) It shall have steel T-bar posts at intervals of not more than 3 metres (10 feet) It shall have a 9 gauge galvanized steel or vinyl coated wire at both the top and the bottom It shall be permitted only during the construction of a pool and shall be replaced with a permanent pool fence that complies with the requirements of this by-law prior to filling and/or using the pool by any person. 2. Permanent Pool Fences Height 2.1. In the case of a pool serving a detached, semi-detached, row house or multiple family development consisting of not more than 4 dwelling units, a pool fence shall be at least 1.2 metres (4 feet) in height, measured at any point along the exterior face of the fence For every other pool, a pool fence shall be 1.8 metres (6 feet) in height, measured at any point along the exterior face of the fence. Clearances 2.3. A space of not more than 100 millimetres (4 inches) shall be permitted at any point between the bottom of a pool fence and the finished grade No pool fence shall be located less than 1.2 metres (4 feet) from the nearest inside wetted surface of a pool wall No pool fence shall be located closer than 1.2 metres (4 feet) to anything that could facilitate climbing of the fence, unless measures are implemented that, in the opinion of the Director, Building and Licensing, provide a level of safety equivalent to that provided by the standards established in this Schedule. 26

12 City of Kingston By-Law Number 2014-XXX Exhibit A Page 7 of 11 Aids to Climbing 2.6. No member or attachment that could facilitate climbing shall be attached to the exterior face of a pool fence between 100 millimetres (4 inches) and 1.2 metres (4 feet) above the finished grade. Gates and Entrances 2.7. Every gate that forms part of a pool fence shall comply with the height requirements set out in sections 2.1 and 2.2 of this Schedule and with the standards for that type of fence established in this Schedule Every gate that forms part of a pool fence shall be supported on substantial hinges, be self-closing and be equipped with a self-latching device placed at the top and on the inside of the gate i.e. the side of the gate nearest to the pool The owner of every pool shall ensure that all entrances to the pool area, including gates, doors and windows, are kept locked at all times except when a responsible adult is supervising the use of the pool Where a wall or portion of a wall of any building that is located on the same property as a pool forms part of the pool enclosure, no entrance to the pool area shall be permitted through that wall unless the wall is located no closer than 1.2 metres (4 feet) from the nearest inside wetted surface of the pool wall. 3. Permitted Types Of Fence 3.1. A permanent pool fence shall be of: (a) chain link, (b) vertical board, (c) other materials and construction that, in the opinion of the Director, Building and Licensing, provide an equivalent degree of safety or (d) a combination of the materials described in (a), (b) and (c) Regardless of the type of fence, every fence that is constructed shall comply with the general standards for pool fences established in sections 2.1 to 2.10 of this Schedule and with the specific standards for that type of fence established in sections 3.3 to 3.20 of this Schedule. Chain Link Fence 3.3. A fence of chain link construction shall comprise chain link with a diamond mesh not greater than 38 millimetres (1.5 inches), consisting of 12 gauge galvanized steel wire or 14 gauge galvanized steel wire covered with vinyl or another plastic that is acceptable to the Director, Building and Licensing, which forms a total thickness equivalent to 12 gauge galvanized steel wire. 27

13 City of Kingston By-Law Number 2014-XXX Exhibit A Page 8 of A fence shall have galvanized steel support posts spaced at intervals of not more than 3.0 metres (10 feet) In the case of a fence that is required to be 1.2 metres (4 feet) in height, the support posts shall be securely imbedded in the ground and shall extend at least 0.9 metres (3 feet) below grade In the case of a fence that is required to be 2.4 metres (8 feet) in height, the support posts shall be securely imbedded in the ground and shall extend at least 1.2 metres (4 feet) below grade The end and corner posts shall be a minimum of 48 millimetres (1.875 inches) in diameter The intermediate posts shall be a minimum of 38 millimetres (1.5 inches) in diameter A fence shall have a horizontal top rail of galvanized or vinyl coated steel which shall be a minimum of 32 millimetres (1.25 inches) in diameter A fence shall have a horizontal bottom rail of galvanized or vinyl coated steel which shall be a minimum of 32 millimetres (1.25 inches) in diameter A minimum 9 gauge vinyl coated galvanized steel tension cable may be substituted for the horizontal bottom rail specified in section Vertical Board Fence A fence of vertical board construction shall have vertical boarding of not less than 25 by 100 millimetres (1 by 4 inches), nominal dimensions, attached to a top and bottom rail, and the space between vertical boards shall be not more than 38 millimetres (1.5 inches) Despite section 3.12, if the vertical distance between any two supporting horizontal rails is not less than 1.2 metres (4 feet), the space between vertical boards may be increased, but shall be not more than 100 millimetres (4 inches) A fence shall be supported by posts of not less than 100 by 100 millimetres (4 by 4 inches), nominal dimensions, spaced at intervals of not more than 2.4 metres (8 feet) for fences up to 1.8 metres (6 feet) and shall be supported by posts of not less than 140 by 140 millimetres (6 by 6 inches), nominal dimensions, spaced at intervals of not more than 2.4 metres (8 feet) for fences up to 2.4 metres (8 feet) in height. 28

14 City of Kingston By-Law Number 2014-XXX Exhibit A Page 9 of In the case of a fence that is required to be 1.2 metres (4.0 feet) in height, the support posts shall be securely imbedded in the ground and shall extend at least 0.9 metres (3 feet) below grade In the case of a fence that is permitted to be up to 2.4 metres (8 feet) in height, the support posts shall be securely imbedded in the ground and shall extend at least 1.2 metres (4 feet) below grade The posts shall be embedded in a minimum 8 inch (200 millimetres) diameter hole filled with concrete for 100 by 100 millimetres (4 by 4 inches) posts and a minimum 10 inch (250 millimetres) diameter hole filled with concrete for 140 by 140 millimetres (6 by 6) posts The portion of the posts below grade shall be of pressure treated wood or, alternatively, shall be treated with a wood preservative that is acceptable to the Director, Building and Licensing A fence shall have a top and bottom rail of not less than 50 by 100 millimetres (2 by 4 inches), nominal dimensions. Other Types of Fence A pool fence constructed of other materials, including retaining walls and deck guards, shall be constructed in compliance with the standards in this Schedule that apply to a vertical board fence. Combination Fences A pool fence that is constructed of a combination of chain link, vertical boarding and any other materials shall be constructed in compliance with the specific standards for that type of material established in this Schedule. 4. Permit Fees 4.1. Any fee relating to this by-law shall be prescribed by the provisions of By-Law , A By-Law to Establish Fees and Charges to be collected by the Corporation of the City of Kingston, as amended. 29

15 City of Kingston By-Law Number 2014-XXX Exhibit A Page 10 of 11 Schedule B: Diagrams Figure 1 FENCING, (4 ) 100 mm MAXIMUM SPACES Pool 1.2m MIN. 1.5m MIN. Req d GRADE 30

16 City of Kingston By-Law Number 2014-XXX Exhibit A Page 11 of 11 Schedule B: Map Of Rural Boundary 31