Pools

Yes. According to the Town's Pool By-law No. 149-08, all types of swimming pools, which contain water having a depth of 0.6 metres (24") at any point requires a pool permit. However, when a pool or private spa is being dismantled and reconstructed within the same location, a pool permit is not required.

Permit applications can be obtained:

• Online
• At Town Hall, 1 Municipal Centre Drive, Building Department - Second Floor

Section 2.3 specifically states:

"No person shall place water or allow water to remain in any Pool unless a required Pool Permit has been issued and the Pool Enclosure has been inspected and approved by an Officer and constructed and maintained in compliance with this By-law."

Before submitting a Pool Permit application, please consult with the Building Department at 905-871-1600 Ext. 5510.

• Pools and private spas must be located within an interior side yard, exterior side yard or rear yard;
• They cannot be closer than 1.0 metre (3'-3") to any side or rear property line and no closer to any street than the Zone's required exterior setback distance;
• Hard surface associated with a pool cannot be closer than 0.5 metres (19") to the side or rear lot line;
• You cannot place circulating or treatment equipment such as pumps and filters any closer than 3.0 metres (9'-8") to a side property lot line and 1.0 metre (3'-3") to a rear property lot line;
• However, if the equipment is located inside a shed or garage, then a 1.0 metre (3'-3") setback distance allowed.
• Any necessary approvals and/or permissions from any Public agencies (i.e. Niagara Regional Planning and Development Services, the Niagara Peninsula Conservation Authority (NPCA), Niagara Parks Commission (NPC), the Ministry of Transportation (MTO), the Town's Environmental Advisory Committee (EAC), etc.) must be submitted with the application.

• No person shall empty, drain or backwash a pool into a sanitary sewer system or onto any neighbouring property;
• Overflow or drainage from a pool must get drained to a storm sewer or natural drainage course. Should such systems not be available, the pool must be drained mechanically and transported to a storm sewer outlet or natural drainage course.

Yes. Gates and fencing are a requirement to create an enclosure to prevent unwanted access to pools.

• The perimeter of each yard must be enclosed with a fence not less than 1.22 metres (4'-0") high to a maximum height of 2.3 metres (7'-6");
• If the outside height wall of the pool is greater than 1.22 metres (4'-0") and the means of entry to the pool is secured by a fence or gate (enclosure), then the perimeter of the yard does not need to be enclosed with a fence;
• All gates must be self-closing and self-latching;
• Release mechanisms of any kind that are located on the exterior face of the gate and connected to the self-latching device must be located a minimum of 1.5m (5'-0”) from grade;
• The fence and gates must not facilitate climbing, so horizontal or diagonal members and bracing are unacceptable or prohibited.

The Town requires the following information to be illustrated and identified on a site/plot plan and must include it with the permit application.

• The location and setback distances from the pool to the property lines;
• The location and sizes of all other building structures on the lot;
• The location of any hydroelectric poles, overhead wires, etc.;
• The location of all proposed plumbing and electrical installations;
• The location and setback distances from the pool equipment to property lines;
• All fence enclosure details including the location, type, height, materials, gates and latching devices.

Please refer to the Sample Drawing with Fenced Enclosure or the Sample Drawing with Fenced Yard to ensure that the drawings proposed for submission match or exceed the level of detail. Please note that the sample drawings are strictly intended to be examples only.

• Where a deck is going to be constructed and the walking surface is higher than 0.6 metres (24") from grade and it exceeds 10.0 square metres (108 square feet) in size, then a separate Building Permit application and associated drawings will be required.
• Patios do not need a building permit.