Fencing in Essex | FAQ on Town of Essex Bylaw 314 & 384

Yes, you must obtain a permit from the Building Inspector and pay the prescribed fee as set forth in the Corporation's Building Permit Fee By-Law.

Only chain link construction, wire-fence construction, or a privacy board fence are deemed to be lawful fences in residential districts that are not out of conformity with the neighborhood.

Yes, in the front yard, fences cannot exceed a height of 1.2 meters (four feet) above the level of the nearest adjacent sidewalk or adjoining ground level. In the side or rear yard, fences cannot exceed a height of 1.8 meters (six feet) above the adjoining ground level.

Barbed wire or other barbed material is not permitted along any alley or highway within the Town of Essex, except for commercial or industrial properties with fences that are 2.2 meters (seven feet) or greater in height and agricultural properties with fences that are 1.8 meters (five feet) or greater in height.

The owner of any fence that does not comply with this By-Law must bring the fence into compliance within six months from the date of the final passing of this By-Law. Fences exceeding 2.5 meters (eight feet) in height along the rear lot line of any property used for residential purposes are not deemed to be in violation of the provisions of this By-Law, but any portion of such fence within 9.0 meters (thirty feet) of any roadway intersection must comply with the provisions of Section 7 of this By-Law.

The Building Inspector or other person or persons designated by Council will enforce the provisions of this By-Law.

Every person who contravenes any provision of this By-Law is guilty of an offense and shall, upon conviction, be liable to a fine of not more than $5,000.00, recoverable under the Provincial Offences Act.

A swimming pool is any artificially constructed pool designed for bathing purposes and capable of being filled with water to a depth of 60 centimeters (60cm) or more.

Yes, every privately owned outdoor swimming pool in the Corporate limits of the Town of Essex must be effectively fenced and/or enclosed according to the regulations.

The fence must be at least 120 centimeters (or four feet for us imperial folks) in height and constructed so that all horizontal or diagonal structural members are located on the inside or poolside of the fence. It must also be constructed so that it cannot be used as a ladder.

Yes, a dwelling, house, building, or accessory building may be utilized to effectively enclose the pool.

Yes, the only means of access to the pool must be through gates and/or doors equipped with a self-closing device and a self-latching device on the side nearest the pool at the top of the gate to ensure that all gates or doors will remain securely closed when the pool is not in use. Each gate must also be equipped with a lock and must be locked when the pool is not in use.

No, the use of barbed wire in any manner, or any device for projecting an electric current in connection with or through any such perimeter fence is prohibited.

Yes, no fence more than seventy centimeters (70cm) in height above the grade level of the roadway may be erected or maintained within nine meters (9m) of any roadway intersection, unless the portion exceeding seventy centimeters (70cm) in height is built of wire only and does not obstruct the view of persons approaching such intersection.

Yes, the provisions of this by-law apply to all privately owned outdoor swimming pools regardless of the date of construction of such swimming pool.

Every person who contravenes any provisions of this By-Law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act.

The by-law mentioned does not specify the materials from which the fence must be constructed - so as your proposed fence doesn't violate the restrictions found within the base bylaw [Bylaw 384], you're good to go . However, it does specify certain technical specifications that must be met, including -

• The fence must be not less than 120 cm in height.
• The fence must be constructed in a way that all horizontal or diagonal structural members are located on the inside or poolside of the fence.
• The fence must be constructed in a way that it cannot be used in a manner similar to a ladder.
• The fence must have gates and/or doors as the only means of access to the pool.
• The gates and/or doors must be equipped with self-closing and self-latching devices.
• Each gate must be equipped with a lock and must be locked when the pool is not in use.