Hamilton By-law 16-184, s. 21(a) — 21 Every owner shall construct and maintain a vertical board fence that forms all or part of an enclosure with

21 Every owner shall construct and maintain a vertical board fence that forms all or part of an enclosure with:

• boards:
• (i) of not less than 19 mm by 89 mm;
• (ii) attached to a top and bottom rail; and
• (ii) spaced at not more than 38 mm or, if a board on board design, at not more than 100 mm;
• (b) support posts:
• (i) at intervals of not more 2.4 m;
• (ii) securely imbedded at least 1.2 m below grade or so as not to be frost susceptible;
• (iii) encased in concrete below grade with at least a 50 mm cover on sides and base;
• (iv) made, below grade, of natural cedar, pressure–treated wood or treated with a wood preservative that is acceptable to the Director; and Revised: January 2023
• (v) a minimum of 89 mm by 89 mm square; and
• (c) a horizontal top rail and bottom rail of not less than 38 mm by 89 mm, and, where the space between the boards is permitted to be greater than 38 mm, the top and bottom rails shall be spaced to provide a minimum clearance of 1.2 m between the rails. (22-059) Horizontal Wood Fence 21A. Every owner shall construct and maintain a horizontal wood fence that forms all or part of an enclosure with:
• (a) boards:
• (i) of not less than 19 mm by 140 mm;
• (ii) with no space between boards at time of installation;
• (iii) Offset or protruding not more than 15 mm from the board immediately above of below; and
• (iv) not more than 2.4 metres in length;
• (b) a minimum 38 mm by 89 mm vertical intermediate support shall be installed between the support posts so that there is not more than 1.2 m between a support post and the intermediate support; and
• (c) support posts:
• (i) at intervals of not more 2.4 m;
• (ii) securely imbedded at least 1.2 m below grade or so as not to be frost susceptible;
• (iii) encased in concrete below grade with at least a 50 mm cover on sides and base;
• (iv) made, below grade, of natural cedar, pressure–treated wood or treated with a wood preservative that is acceptable to the Director; and
• (v) a minimum of 89 mm by 89 mm square. (22-059) Glass Panel Fence 21B. A glass panel fence system used in a swimming pool enclosure shall be designed by a Professional Engineer Licensed in the Province of Ontario and shall be constructed in a good, workmanlike manner as follows:
• (a) glass panels shall be located so there is no opening of more than 38 mm between the panel and the post where horizontal elements are spaced less than 1.2 m apart, and not more than 100 mm apart where horizontal elements are spaced more than 1.2 m apart; Revised: January 2023
• (b) horizontal elements shall be supported on substantial posts that are spaced not more than 2.4 m apart, securely fastened to the ground and structurally sound; and
• (c) glass panels used in swimming pool enclosures shall be safety glass of laminated or tempered type conforming to CAN/CGSB-12.1-M "Tempered or Laminated Safety Glass". (22-059) Other Types of Fence Construction