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←Toronto City Council · 2021-06-08 · 2021.MM34.14

The filed record

Technical Amendment to Chapter 447 - Fences - by Councillor Stephen Holyday, seconded by Councillor Mark Grimes

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The decision

2021-06-08 · Toronto City Council · adopted

As filed

City Council on June 8 and 9, 2021, adopted the following: City Council amend subsections 447-1.3E(2)(b)[1] [b] and [c] of City of Toronto Municipal Code Chapter 447, Fences, so they read as follows: (b) A wood fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner as follows: [1] Vertical boards shall be: [b] Spaced not more than 38 millimetres apart where horizontal rails are spaced

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less than 1.2 metres apart; [c] Spaced not more than 100 millimetres apart where horizontal rails are spaced 1.2 metres apart or more.

The vote

Waive Referral · Carried, 20-4

For (20)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, James Pasternak, Jaye Robinson, Jennifer McKelvie, Joe Cressy, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paula Fletcher, Stephen Holyday
Against (4)Gord Perks, John Filion, Paul Ainslie, Shelley Carroll
Absent (2)John Tory, Nick Mantas
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On the agenda

As the city filed it

While conducting a review of the City's Fence Chapter concerning a routine constituency matter, a technical issue within the By-law came to my attention. Sub-section 447-1.3 concerns Pool Enclosures, and Part E contains the description of minimum construction standards for wood fences forming part of a pool enclosure. Part E (2) (b) [1] within the subsection describes vertical boards in a fence as: "(b) spaced at least 38 mm apart where horizontal rails are spaced at less than 1.2 metres apart;" and "(c) spaced at least 100 mm apart where horizontal rails are spaced 1.2 metres apart or more;" The intent of the Chapter is to promote an effective barrier to form an enclosure and restrict access to the pool.

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Minimum spacing of boards is counterintuitive, and therefore these clauses should be amended to describe maximum spacing. I have discussed this concern with staff and they have confirmed that a technical correction is necessary. Due to the urgent nature of the issue, and the safety element, a Motion before City Council is the most expedient remedy. City staff have advised that the amendment in this Motion is the appropriate solution.

Staff recommended

Councillor Stephen Holyday, seconded by Councillor Mark Grimes, recommends that: City Council amend subsections 447-1.3E(2)(b)[1] [b] and [c] of City of Toronto Municipal Code Chapter 447, Fences, so they read as follows: (b) A wood fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner as follows: [1] Vertical boards shall be: [b] Spaced not more than 38 millimetres apart where horizontal

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rails are spaced less than 1.2 metres apart; [c] Spaced not more than 100 millimetres apart where horizontal rails are spaced 1.2 metres apart or more.

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