Swimming Pool By-law

The Swimming Pool By-law helps prevent unauthorized access, reduces the risk of injury, and makes sure pools are installed and maintained safely.

If you are planning to install, replace or reconstruct an outdoor swimming pool on your property, there are rules about permits, fencing, gates, safety and drainage.

When these rules apply

This by-law applies to privately-owned outdoor swimming pools that can hold water to a depth of 0.5 metres (1.6 ft) or more.

This includes many in-ground and above-ground pools, and may also apply to pools on lands used for multi-residential, motel, hotel or commercial purposes.

You need a permit before you start

Before you excavate for or install a swimming pool, you must apply for a pool and pool fence permit.

Your application must include:

• a site plan showing the location and dimensions of the pool, buildings and fence
• construction details for the pool enclosure and gate hardware

An application may be refused if it is incomplete, does not meet zoning or other legal requirements, conflicts with a utility easement, does not meet fence standards, or required fees have not been paid.

Pool enclosure requirements

Every outdoor swimming pool must be enclosed by a fence, wall or other approved barrier.

In general:

• the enclosure must meet specific construction standards
• depending on the type of material used, the minimum fence height is generally 1.22 metres (4 ft) or 1.52 metres (5 ft)
• openings and gaps must be limited so the fence cannot be easily climbed or passed through
• the bottom of the fence or gate generally must be no more than 100 mm (4 in) above ground

A building wall may form part of the enclosure if it meets the by-law requirements.

Gate requirements

Pool gates must help prevent unauthorized entry.

Every gate must:

• be at least the same height as the fence
• be supported by substantial hinges
• be self-closing
• be self-latching
• have the latch installed at the top and on the inside
• have a lock on the inside face of the gate
• have a bottom gap of no more than 100 mm (4 in) above ground

When the pool is not being directly supervised, the gate and enclosure must be closed and locked at all times.

Where the fence must be located

The pool enclosure must generally be located at least 1.5 metres (4.9 ft) from the inside edge of the pool.

An exception may apply for some above-ground pools where the pool wall and fence extension together provide a total barrier height of at least 1.80 metres (5.9 ft) above grade.

Swimming pools must also meet the setback requirements in the City’s zoning by-law.

Corner lots and visibility

If your property is on a corner lot, extra rules apply.

A pool fence at the intersection of streets must not be built closer than 4.6 metres (15.1 ft) along each property line from the inside corner of the intersection.

This helps maintain visibility and safety for drivers and pedestrians.

Steps and ladders

If the pool has steps or ladders, whether fixed or movable, they must be protected by fencing at ground level that meets the by-law requirements.

During construction

You cannot place or allow water to remain in a pool excavation until the required fencing has been installed, inspected and approved.

During construction:

• a temporary fence may be used in limited circumstances
• temporary fencing must be in good repair
• openings cannot be greater than 100 mm (4 in)
• temporary fencing must be at least 1.0 metre (3.3 ft) high
• the pool area must be enclosed whenever it is unsupervised
• permanent fencing must be installed within 15 days of filling the pool with water

If excavation is required, local utilities must be notified at least 48 hours before digging.

Hot tubs

If the pool is a hot tub, the owner must either:

• comply with all fencing requirements in the by-law, or
• install a tight-fitting rigid cover that:
• can support 90 kilograms (about 198 lb), or
• meets the applicable ASTM standard for hot tubs

The cover must be securely fastened and locked in place at all times when the hot tub is not in use.

Draining pool water

Pool water must not be discharged in a way that causes it to flow onto a neighbouring property.

Exceptions may apply if:

• the water is discharged into a storm sewer, where permitted, or
• the neighbouring property owner has given express consent

Existing pools and enclosures

If a pool, fence, gate or enclosure was already in place and complied with the rules that existed at the time, it may not need to be altered under this by-law.

Inspections and enforcement

The City may inspect a property containing an outdoor swimming pool during reasonable hours to check compliance.

Please note:

• the initial required inspection is part of the process
• any additional inspection requested by the owner is subject to a $25 fee

If a pool or enclosure does not meet the by-law, the owner may be required to correct the issue.

Violations may result in fines and additional charges for each day the violation continues.

Before you install a pool

Before starting work, make sure you:

• apply for the required permit
• confirm the pool location meets zoning setbacks
• provide a compliant fence and gate design
• plan for a safe enclosure before adding any water
• contact utilities at least 48 hours before excavation
• make sure drainage will not affect neighbouring properties

Questions?

Please contact us at 519-759-4150 for more information about swimming pool permits, fencing requirements or inspections before starting construction.