General Committee
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	W. Wiles, Manager, By-Law Enforcement & Licencing
	DATE OF MEETING:	March 21, 2005
	SUBJECT:	Amendment of By-Law 277-97 (Fence By-Law)

Recommendation:

That By-Law No.277-97, “A By-Law for Prescribing the Height and Description of Lawful Fences in the Town of Markham and for Determining How the Cost of Division Fences Shall be Apportioned” be amended to require swimming pool enclosures to conform to the regulations contained in the Fence By-Law.

Purpose:

To ensure the height restriction on rear yard fences is consistent across the Town.

Background:

The Fence By-Law prescribes the height and description of lawful fences. Section 4.0 of the By-Law provides that the maximum height of a fence in a rear yard shall not exceed 1.8m (6 feet). Section 8.1 exempts pool enclosure fences from all regulations of the Fence By-Law.

Swimming pool enclosures are regulated by By-Law No. 59-75. Section 2(f) establishes a minimum height of 1.2 (4 feet) but does not prescribe a maximum height. The result is that potentially, swimming pool owners could construct swimming pool enclosure fences in excess of the maximum height permitted under the Fence By-Law.

Removal of the exemption status for swimming pool enclosures would ensure they comply with the maximum height restriction and all other requirements of the Fence By-Law.

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

None

Sheila Birrell,

Andy Taylor,

Town Clerk Commissioner of Corporate Services