Building Pool Above Ground
Above Ground Pools
Do I need a Pool Permit?
Yes. According to 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, a pool permit is not required.
TOWN OF FORT ERIE POOL BY-LAW No. 149-08
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.
Prior to submission of a Building (Pool) Permit application, please consult with the Building Department @ 905-871-1600 Ext. 5510.
Rules & Regulations
- 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;
- Hard surface associated with a pool shall be located no closer than 0.5 metres (19") to the side or rear lot line;
- Any circulating or treatment equipment such as pumps and filters shall not be located 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;
- Only when the equipment is enclosed inside a shed or garage, 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.) must be submitted with the application.
Emptying of Pools
- No person shall empty, drain or backwash a pool into a sanitary sewer system nor 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.
Is a Gate & Fence Enclosure surrounding the Pool required?
Yes. Gates and a fencing is required 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 any other 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;
- 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;
- 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 used as examples 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 Building Permit application and associated drawings will be required;
- Patios do not require a building permit.
Required 2023 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.
How do I obtain a Building (Pool) Permit application?
Permit applications can be obtained:
- Online at www.forterie.ca;
- 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 2023