Building Pool In Ground
In 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 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 Permit application, please consult with the Building Department @ 905-871-1600 Ext. 5510.
Rules and Regulations
- A lot grading plan prepared by an Ontario Land Surveyor (OLS) or a Professional Engineer (P. Eng);
- 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 property 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 line and 1.0 metre (3’-3”) to a rear property 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.
Do I need a gate and a fence enclosure around the pool?
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”) or;
- The pool 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”)
- 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 be clearly illustrated & identified on a site/plot plan & is required to be submitted with the permit application.
- A lot grading plan prepared by an Ontario Land Surveyor (OLS) or Professional Engineer (P. Eng.);
- The existing ground and proposed elevations;
- The location & setback distances from the concrete pool apron to the property lines;
- The location & setback distances from the pool to the property lines;
- The location of all existing swales;
- The location and sizes of all other building structures on the lot;
- The location of any hydro-electric poles, overhead wires etc.;
- 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 & 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 and regulations for decks and 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 2023 Permit Fees
- In-ground Pool: $213.00
- Municipal Protection Deposit: $500.00
- Lot Grading Deposit: $2500.00
The Municipal Protection Deposit is required to ensure that the municipal road allowances, boulevards, curbs, sidewalks, culverts etc., are kept clean & not damaged during construction & installation.
The Lot Grading Deposit is required to ensure that the proposed grade elevations fully comply with the grade elevations proposed.
Once the project has passed the final inspection & final lot grading, the municipal deposits are 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 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 In-ground Permit process, please review the following video.
Information Current to January 2023