Municipalities typically have an official definition of a private swimming pool in their swimming pool enclosure by-laws. Generally speaking, a private swimming pool is a privately owned outdoor body of water that is at least partly contained by some artificial means. This would include in-ground pools, above-ground pools, and inflatable pools. This could also include hot tubs or even landscape ponds.
Typically, the official definition of a swimming pool includes some threshold depth, often 0.6 m [24”]. If the water is no deeper than this threshold at any point, it is not considered a pool. In other words, shallow landscape ponds and small wading pools for children are exempt from the swimming pool enclosure by-law. There are usually a number of other exceptions, such as for stormwater retention ponds; natural ponds, lakes, and rivers; constructed water hazards on golf courses; rain barrels and water cisterns (provided they have secure covers to prevent someone from accidentally falling in); and constructed ponds on agricultural lands used for watering crops or livestock.
The purpose of the enclosure is to provide a reasonable deterrent to prevent people from accessing your pool without competent supervision. An unenclosed pool is considered a public safety issue because a child or vulnerable person could easily drown if they wandered into an unenclosed and unsupervised pool. In addition, the enclosure provides privacy for residents and anyone using the pool.
Yes, a building permit is required for the pool enclosure (fence) in most jurisdictions. Specific requirements will be set out in your municipality’s pool enclosure by-law. It is the property owner’s responsibility to ensure that a permit is obtained before beginning construction of the pool. The pool contractor may apply for the permit on the owner’s behalf, though many jurisdictions require the owner to sign a separate agent authorization form authorizing the contractor to apply for the permit.
Requirements may vary among different jurisdictions, but in general, you typically need to provide the following in order to apply for a pool enclosure permit:
Construction of a swimming pool may require excavation and regrading the site, so you may also be required to provide a site drainage and grading plan. Depending on the specific site conditions and whether there are other regulators with jurisdiction over your property (e.g. conservation authority), you may find that you also need to provide tree protection and/or siltation/erosion control details, a legal land survey of the property, and/or a geotechnical investigation report.
Requirements may vary depending on your municipality, so you should check your local by-law. Most fencing materials are usually acceptable, such as chain link, aluminum, wrought iron, vinyl, wood, and even structural glass. The by-law will have other provisions, such as the minimum height, maximum size of openings in the fence, minimum offset distance from the pool, etc.
The following is a list of typical pool enclosure requirements:
Note that the enclosure requirements may be waived for hot tubs in some jurisdictions, provided that the hot tub is equipped with a lockable safety cover, which must be kept closed and locked at all times while the hot tub is not in use.
Yes. An existing fence can form your pool enclosure, provided the fence is in reasonably good condition and meets all the local by-law requirements for a pool enclosure. Note that if you are using an existing fence, the drawings you submit in support of the permit application will need to depict the existing fence construction details.
The exterior walls of your house or accessory buildings typically can also be considered part of the pool enclosure. The purpose of the enclosure is to provide a reasonable deterrent to prevent people from accessing your pool without competent supervision, so a building typically can form part of the enclosure. If there are openings between the building and pool area (e.g. doors or windows opening into back yard), the owner is responsible for ensuring the openings are kept closed and locked at all times when the pool is not supervised.
