Hamilton By-law 16-184, s. 1(a) — Swimming Pool Enclosure By-law

a registered owner of land or the occupier of land on which a pool is being constructed or is located;

• (b) a person for the time being managing or receiving rent for land on which a pool is being constructed or is located, whether on the person’s own account or as agent for any other person, or the person who would receive the rent if the land was let;
• (c) a person who takes possession of land on which a pool is being constructed or is located under a charge or mortgage registered on title; and
• (d) a person authorized in writing by an owner under (a),
• (b) or
• (c) to act on their behalf; “permit”, except where the context requires otherwise, means a permit issued under this By-law; and “pool” means a body of water that:
• (a) is located outdoors on private property;
• (b) is wholly or partially contained by artificial means; and
• (c) is capable, at any point, of holding water in excess of 0.6 m in depth; including but not limited to a hot tub or landscape pond, but not including a body of water that:
• (i) is used for the purposes of, including but not limited to, providing water to livestock or irrigation for crops, which are associated with and located on land being used for farming;
• (ii) is on land zoned as rural or agricultural and is not capable, at any point 2.0 m from an edge, of holding water in excess of 0.6 m in depth;
• (iii) is part of a golf course;
• (iv) is owned by any public or governmental entity, including but not limited to an agency or authority;
• (v) is a river, lake, stream or other natural body of water;
• (vi) is a privately-owned stormwater management facility; or Revised: January 2023
• (vii) is a rain barrel having a height of at least 1.0 m and with no opening greater than 300 mm². APPLICATION AND INTERPRETATION 2.(1) Despite the provisions of this By-law, an enclosure that was in existence prior to the day of the passing of this By-law and was in compliance with a permit issued under By-law No. 03-125, The Swimming Pool Enclosure By-law, or a predecessor By-law shall be deemed to comply with this By-law for so long as the enclosure:
• (a) continues to be in compliance with the permit issued under By-law No. 03-125, The Swimming Pool Enclosure By-law, or the predecessor By-law;
• (b) continues to be in good repair; and
• (c) is not replaced.