Business >> Building Permits & Inspections

Building Pool Above Ground

 Above Ground Pools

Do I need a Building/Pool Permit?

Yes.  In accordance the Town's Pool By-law No.149-08, all types of swimming pools, including private spas (hot tubs, whirlpools and jacuzzis) which contain water having a depth 0.6 metres (24”) at any point, requires a pool permit.  Unless a pool or private spa is being dismantled and reconstructed within the same location.


Prior to submission of a Building Permit application, please consult with the Building Department @ 905-871-1600 Ext. 5510.


What are the rules & regulations or a pool?

  • Pools & private spas shall be located within an interior side yard, exterior side yard or rear yard;
  • They shall not be located closer than 1.0 metre (3’-3”) to any side or rear property line and no closer to any street than the setback required;
  • No hard surface associated with a swimming pool shall be located closer than 0.5 metres (19") to the side or rear lot line;
  • Any circulating equipment such as pumps and filters shall not be located any closer than 3.0 metres (9’-8”) to a side lot line and 1.0 metre (3’-3”) to a rear lot line;
  • Unless the equipment is enclosed inside a shed or garage, then a 1.0 metre (3’-3”) setback distance is permitted.  
  • Any necessary approvals and/or permissions from other agencies (i.e. Niagara Regional Planning and Development Services, the Niagara Peninsula Conservation Authority (NPCA), the Town's Environmental Advisory Committee (EAC) etc.).  


Emptying of Pools

  • No person shall empty, drain or backwash a pool into a sanitary sewer system or directly or indirectly onto any neighbouring property;
  • Overflow or drainage from a pool shall be discharged to a storm sewer or natural drainage course should such systems not be available, the pool shall be drained by mechanical means and transported to a storm sewer outlet or natural drainage course.


Do I need a gate & fence enclosure around my pool?

Yes.  Gates and a fence enclosure are required 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 height of the outside wall of the pool is greater than 1.22 metres (4’-0”) and the steps, ladder or other means of entry to the pool is secured by a fence or gate, then the perimeter of the yard does not need to be enclosed with a fence;
  • All gates must be self-closing and self-latching;
  • The fence and gates must not facilitate climbing, therefore horizontal or diagonal members and/or bracing is not acceptable or permitted.


What is required for a Building/Pool Permit submission?

The Town will require the following information to be clearly illustrated & identified on a site/plot plan & is required to be submitted with the permit application.

  • The location & 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 & setback distances from the pool equipment to property lines;
  •           Details of the fence enclosure 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 drawing is strictly intended to be used as an example only.


What are the rules & regulations for decks & patios?

  • Where a deck will be constructed and the walking surface is above 0.6 metres (24”) in height from grade & it exceeds 10.0 square metres (108 square feet) in size, then a separate permit application is required;
  • Patios do not require a building permit.


Required 2021 Permit Fees

  • Above ground pools, hot tubs, whirlpools & jacuzzis:                $161.00  
  • Municipal Protection Deposit:                                                         $500.00



The Municipal Protection Deposit is required to ensure that the road allowances, boulevards, curbs, sidewalks, culverts etc., are kept clean & not damaged during construction & installation.

Once the project has passed the final inspection, the municipal deposit is returned.

The information provided is intended to assist & guide the Building Permit process.  Regulations & fees are subject to change, therefore, please contact and consult the Building Department Staff.



Permit applications can be obtained:

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


For further information with the Above Ground Permit process, please review the following video.



Information Current to January 2020