Item - 2018.LS25.3

The Licensing and Standards Committee recommends that:  

General Fence Requirements

1.  City Council amend Chapter 447, Fences, to allow fences that are located in a front yard between two private properties to be a maximum of 2.0 metres in height and specify that this does not apply to fences within a 2.4 metre distance from a front lot line. 

2.  City Council amend Chapter 447, Fences, to remove maximum height requirements for any hedge, shrub, or other vegetation that acts as a fence, except when the hedge, shrub, or vegetation is within a 2.4 metre distance from a lot line abutting a public highway, other than a public lane.

Change Pool Enclosure Requirements

3.  City Council amend Chapter 447, Fences, to permit double gates to be used in a pool enclosure if:

a.  one gate is equipped with a self-closing and lockable self-latching device;

b.  the other gate has a lockable drop bolt that extends down into concrete, asphalt, or paving stones by a minimum of 25 millimetres; and

c.  the lockable drop bolt is kept in the locked position, except when the enclosed area is in use.

4.  City Council amend Chapter 447, Fences, to allow wooden pool enclosure fences to be constructed using horizontal boards if:

a.  the width and height of the boards is not less than 19 millimetres by 89 millimetres or greater;

b.  the boards are spaced not more than 20 millimetres apart;

c.  the boards are not offset or protrude any more than 15 millimetres from the board immediately above or below; and

d.  the maximum board length is not greater than 2.4 metres.

5.  City Council amend Chapter 447, Fences, to remove all requirements that pool enclosure posts must be embedded in concrete to a minimum depth of 900 millimetres below grade and instead specify that the posts must be securely fastened to the ground and structurally sound.

6.  City Council amend Chapter 447, Fences, to clarify that the swimming pool enclosure cannot restrict visibility of the pool from any window or door located in the main living area of the building by replacing "access level" with "main living area."

7.  City Council amend Chapter 447, Fences, to remove Section 447-3.F(3), which is a redundant section related to fence exemption applications, and direct that Section 447-5.C, which has a broader application, continues to apply.

8.  City Council amend Chapter 447, Fences, to raise the minimum height requirement of metal picket pool enclosure fences on multiple residential properties and non-residential properties from 1.5 metres to 1.8 metres.

9.  City Council amend Chapter 447, Fences, to allow swimming pools to be filled with water when temporary fencing is erected according to the By-law and to specify that the pool area cannot be in use until permanent fencing has been installed, inspected, and confirmed to be complete by the Executive Director, Municipal Licensing and Standards.

Opt Out of Line Fences Act

10.  City Council exercise its power under the City of Toronto Act, Section 109, to exempt the City of Toronto from the Line Fences Act and amend Chapter 447, Fences, and Chapter 441, Fees and Charges, accordingly (reference numbers 147, 148, 149, 150, and 151).

11.  City Council terminate all Fence Viewer appointments, effective June 20, 2018, and amend or rescind the appointing By-laws accordingly.

Administrative Changes

12.  City Council update Municipal Code Chapter 447, Fences, to be consistent with authority under the City of Toronto Act, 2006 to:

a.  increase the maximum fine amount from $5,000 to $100,000;

b.  establish special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the By-law;

c.  create an offence for failing to comply with a notice of violation or other order or direction made under the By-law;

d.  establish that directors or officers of a corporation knowingly concurring in the contravention of any offence under the By-law by the corporation are guilty of an offence; and

e.  specify the authority of the City to enter on land to carry out an inspection to determine compliance with the By-law, a notice of violation or other direction or order of the City, or a direction or order made under a By-law.

13.  City Council amend Chapter 447, Fences, to remove reference to the list of site-specific exemptions in Schedule A.

14.  City Council amend Chapter 447, Fences, to replace all references to the Chief Building Official with the Executive Director, Municipal Licensing and Standards.

Implementation

15.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to re-structure, consolidate, and simplify all existing requirements to improve the readability of Toronto Municipal Code Chapter 447, Fences.

16.  City Council direct that the changes to Toronto Municipal Code Chapter 447, Fences, become effective as of June 20, 2018.

17.  City Council direct that fences and swimming pool enclosures that were lawfully erected before June 20, 2018, or that are granted exemptions, be deemed to comply with Chapter 447 until they are replaced.

This report recommends amendments to Municipal Code Chapter 447, Fences, following a review of the Fence By-law. The purposes of the amendments are to modernize the By-law, ensure that it continues to meet community safety needs, provide greater flexibility in fence design to residents, ensure consistent enforcement, and make the By-law easier to understand. The proposed changes are intended to reduce the need for residents to apply for fence exemptions for circumstances that are currently routinely granted at Community Council. Staff estimate that the amendments will result in a 20 percent decrease in fence exemption requests sent to Community Council.

Key recommendations include:

-  Remove height limits on hedges that act like a fence in side and rear yards.

-  Increase the height limit from 1.2 metres to 2.0 metres on fences that are in the front yard between two private properties and not within 2.4 metres of the front lot line.

-  Opt out of the Line Fences Act which prescribes a process for dealing with boundary fence disputes, including requiring the appointment of Fence Viewers.

-  Increase design options for pool enclosures, including allowing double gates and wooden horizontal fencing.
 

Staff also recommend updating fine and offence provisions to align with the authority provided under the City of Toronto Act, 2006.

As part of the review, staff analyzed all fence exemption requests received since 2016 and consulted with the public and key stakeholders.

These amendments will come into effect on June 20, 2018 and will not apply to fences that have previously been granted an exemption by Community Council.