Pool Permit
The following information is a guideline only. It will provide you with a brief overview to help you understand and follow the current swimming pool fence enclosure by-laws and regulations governing the location of the pool on your property. Following these guidelines will help you ensure that your swimming pool installation is safe and in compliance with municipal by-laws.
For complete details, read the Swimming Pool Fencing By-law #77-2010.
Pool Owner's Responsibilities
- As a pool owner, you must obtain a permit from the Town of Milton before starting any part of the work of installing your pool.
- Once a permit has been issued, you are responsible for making sure that the pool remains empty until the pool fence enclosure has been erected according to the Swimming Pool Fencing By-law and it has been inspected to the satisfaction of the Town of Milton.
- To request a pool fence inspection, please contact the Building Section of the Planning and Development Department by calling the 24-hour inspection request line at 905-878-7252, ext. 2396.
- You must allow the municipal inspector onto the property to inspect the pool fence.
- You must maintain the fence in the same condition intended by the by-law; the fence must be free from deterioration or decline to ensure safety and strength.
The Swimming Pool Fencing By-law
The Swimming Pool Fencing By-law (By-law #77-2010) requires owners of privately owned swimming pools to build and maintain fences and gates around their swimming pools. Jacuzzis and hot tubs are considered swimming pools under the current by-law.
Temporary Fencing
An approved temporary fence must be installed and maintained during the construction of the pool and the completion of landscaping unless an approved permanent fence is installed.
Things to Do Before you Install Your Pool
You (or your contractor) must obtain a permit approving the pool fence enclosure and the location of your pool. The Application for a Permit to Construct or Demolish will require the following:
- A signed and dated application form completed by the owner or contractor
- Two copies of the site plan
- A detailed description of the type of fence proposed
- A copy of the developer's clearance letter if your dwelling is in a newly developed part of town ( See clause 6.2.3 of the Swimming Pool Fencing By-law 77-2010 )
- A site alteration permit may be required in the older established part of town ( See Clause 6.2.4 of the Swimming Pool Fencing By-law 77-2010 )
Preparing Your Permit Application
- Use your legal survey (site plan or lot survey) to establish the location of the pool on your site. Your legal survey is generally included with the documents obtained when you purchased your home. If you do not have a survey, you will have to determine the location and dimensions of your property lines as well as any buildings on the site. Large trees should also be shown on your site plan as they may affect the design of your pool area.
- The swimming pool and related equipment shall be located in compliance with the setbacks required under the Municipal Zoning By-law. This information is available by contacting the Zoning Officer located in the Building Section of the Planning and Development Department at 905-878-7252, ext. 2329
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Follow these guidelines to plan the fencing for your pool area:
- Your swimming pool must be completely enclosed on all sides with a swimming pool fence enclosure designed in accordance with the Swimming Pool Fence By-law.
- You are permitted to use the walls of your dwelling to form part of the enclosure. However, you must ensure that all door and window openings that provide access to the swimming pool area are equipped with safety latches and locking devices.
- Certain fence styles, such as basket weave and horizontal board designs, do not meet the requirements of the Swimming Pool Fence By-law. The Building Section of the Planning and Development Department will be pleased to review your proposed fence design with you to make sure that the style of fence you choose complies with the by-law.
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The following pool fence designs and specifications meet the requirements of the current Swimming Pool Fence By-law:
- Fencing and gates must not be less than 1.2 metres (4') or more than 2 metres (6.5') in height. Gates must be supported by substantial hinges and be equipped with self-closing and self-latching devices placed near the top and on the poolside of the enclosure. The gate must be kept locked at all times when the pool is not under direct supervision by the owner or a responsible person representing the owner.
- Consider surface drainage when planning your pool installation to avoid problems for yourself and your neighbours. Do not alter the established properly functioning drainage patterns on your property
- Add dimensions to the site plan to show:· The distance of the pool from property lines and all buildings on the site· The location, height and description of the pool fence enclosure
Permit Fees
- All fees and applicable deposits must be made payable to the Corporation of the Town of Milton at the time of application.
- All in-ground and above-ground pools have a flat rate permit fee of $107.63 (2012 Rate). (Fees and deposits are subject to change, usually on an annual basis.)
- Deposits will be refunded once the Town has confirmed that no property was damaged as a result of the pool construction or any damage incurred has been repaired to the Town's satisfaction.
Changes to Your Permit
After receiving your permit, if you wish to change any details you must have these changes reviewed by the Building Section of the Planning and Development Department. All construction must be in accordance with the approved permit drawings or any approved revisions.
Permit Expiry
Your pool permit will expire in six months from the date of permit issuance if no meaningful construction has commenced.
Permits for Temporary Pools
If you have a temporary pool that is dismantled in the fall, no additional permit is required after your initial permit has been issued provided that the size, shape and location of the pool remain the same. You are advised to keep your permit on file to avoid any possible future misunderstandings.
