Item - 2025.TE23.17

The Toronto and East York Community Council: 

1. Deferred consideration of the Item until the July 8, 2025 meeting of the Toronto and East York Community Council.

The Applicant for 127 Kilbarry Road has requested Toronto and East York Community Council to exempt their property from the following by-law requirements:

City of Toronto Municipal Code Chapter 447-1.3C(1), 1.3C(3), 1.3C(6)(c)[1], and 1.3E(2)(b)[1](d)(b)

447-1.3. Swimming pool enclosures.

C. Access protection.

(1) Subject to subsection C(2), a swimming pool enclosure shall be designed and constructed so that all entrances to any buildings are located outside the enclosed area.

(3) If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall.

(6) Every gate in a swimming pool enclosure shall:

(c) If it is a single gate:

[1] Be 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

E. Construction standards.

(2) Every fence and gate used in a swimming pool enclosure shall be constructed to the following standards:

(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:

[d] Attached to horizontal rails that are:

b. Supported on substantial posts that are at least 89mm by 89mm, spaced not more than 2.4 meters apart, securely fastened to the ground and structurally sound.

The Applicant for 127 Kilbarry Road is requesting an exemption for their;

- Existing pool enclosure fence constructed of glass interior fence (4th fence) and wood board on board perimeter fence.

- Enclosure violation specific deficiencies:

- All entrances to any building must be located outside the enclosed area.

- No access to the enclosed area through a wall of a building.

- A self-closing and self-latching gate lock to be constructed at 1.2 metres above grade.

- Wood fence shall be constructed in a good workmanlike manner and structurally sound.

Municipal Licensing and Standards Division has inspected the subject property and noted the violations contrary to City of Toronto Municipal Code Chapter 447.