Swimming Pools | City of Hamilton

Swimming Pool

Do I Need a Building Permit?

You do not need a Building Permit to install a swimming pool.

You do need a Building Permit to:

construct the pool enclosure (fence)
construct a deck in addition to or adjacent to the pool

Pool enclosures are required for all swimming pools.

You do not need a Building Permit to install a swimming pool, however you do need a Building Permit to construct the pool enclosure (fence). Pool enclosures are required for all swimming pools. The pool enclosure must be in accordance with The City of Hamilton's Swimming Pool Enclosure By-law No. 16-184(PDF, 68.94 KB) with Amendment By-law No. 22-059(PDF, 124.28 KB).

You must not excavate or build a pool enclosure until you get a Building Permit. Do not put water in the pool until you have the swimming pool enclosure in place and you receive final approval from the City.

The Swimming Pool Enclosure Checklist(PDF, 641.28 KB) is required to be completed and submitted with the Enclosure Permit Application. If a Site Alteration Permit is required, it must be approved though the Growth Management Division prior to the issuance of the Enclosure Permit.

If you are planning on repairing or replacing an existing pool enclosure (fence) contact the Building Division to determine if a permit is required at 905-546-2720.

Note: If a deck is constructed in addition to or adjacent to the pool, a separate permit will be required for the deck. Structural information, an application form and permit fee will apply.

How to Apply for

Pool Enclosure Permit (Fence)

There are two ways to apply for a Building Permit:

Step 1. Complete Application

Application to Construct or Demolish(PDF, 146.95 KB)

You will need to ensure these sections of the form are completed:

Section A - Project information
Section B - Purpose of application (ensure to indicate by circling the type ie. alteration/repair)
Section C - Applicant - this is the persons we will contact while reviewing the application
Section D - If the applicant is the owner, please write 'SAME' in this section. If not, please complete fully.
Section E - Provide the name of the contractor installing the pool and enclosure. If unknown, write 'TBD'
Section F - Both i and ii should be 'NO' as this is not a new dwelling
Section G - You must include drawings with your application
Section H - Read carefully and answer accordingly
Section I - This name must match Section C, date and sign.

Schedule 1 and 2 are not required for the pool enclosure application

Step 2. Create Drawing

You must include a survey, site or plot plan of the property. View a pool enclosure sample drawing(PDF, 239.97 KB)

A survey, site or plot plan of the property must show the location of:
- proposed pool and distance from the pool to all property lines
- pool equipment (pump, etc.) and distance from equipment to all property lines
- all existing or proposed structures on the property (i.e. detached garage, decks, sheds etc.)
- all easements on the property and their location and width
- fence and gates on the property; clearly indicate the height and construction material (wood, chain-link, wrought iron etc.) for all existing and proposed fences
- private sewage disposal (Septic) system, the location of the system components (tank, bed etc.) and their setbacks to the pool must be shown on the plot plan (if applicable to your property)

Step 3. Submit Application

You need to drop off your application to:
Building Division
City Hall, 3rd Floor
71 Main Street, Hamilton

Restrictions on

Swimming Pools & Equipment

Location of Pool & Equipment

Types of Enclosures

Location of Utilities

There are different restrictions on where you can install a swimming pool and the swimming pool pump and filter depending on which former municipality you live in. There are different setbacks for above ground versus in ground pools.

Setback requirements and allowable lot coverage (amount of space the pool can use) of pool by municipality

This information is for single family dwellings only in residential zones.For all other pool enclosures call Building at 905-546-2720.

Ancaster

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.5 m (4' 11")***	1.5 m (4' 11")	as per zone	as per zone
In-ground	1.5 m (4' 11")	1.5 m (4' 11")	not permitted	n/a
Pool Equipment (Installed in rear or non-required side yard)	0.6 m (2' 0")	0.6 m (2' 0")	not permitted	n/a

***Must add the height of the pool's supporting structure (measured from grade) to the above-mentioned distances to lot lines in order to get the total setback required.

Dundas (installed in rear of yard)

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.2 m (3' 11")	1.2 m (3' 11")	as per zone	50%**
In-ground	1.0 m (3' 4")	1.0 m (3' 4")	as per zone	n/a
Pool Equipment	0.6 m (2' 0")	0.6 m (2' 0")	5.0 m (16' 5")	n/a

**Not more than 50% of the area of the rear yard can be used for an above ground pool or combined accessory building coverage.

Flamborough (installed in a typical Residential, R1 to R6)

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.2 m (3' 11")*	1.8 m (5' 11")*	as per zone	as per zone
In-ground	1.2 m (3' 11")*	1.8 m (5' 11")*	as per zone	as per zone
Pool Equipment (Installed in rear or non-required side yard)	0.6 m (2' 0")	0.6 m (2' 0")	as per zone	as per zone

*A pool installed in a front or side yard must follow the same setbacks as required for the dwelling.

Glanbrook

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.5 m (4' 11")	1.5 m (4' 11")	not permitted	n/a
In-ground	1.5 m (4' 11")	1.5 m (4' 11")	not permitted	n/a
Pool Equipment	0.6 m (2' 0")	0.6 m (2' 0")	not permitted	n/a

Hamilton (installed in rear of yard)

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.2 m (3' 11")	1.2 m (3' 11")	as per zone	50%**
In-ground	1.0 m (3' 4")	1.0 m (3' 4")	as per zone	n/a
Pool Equipment	0.6 m (2' 0")	0.6 m (2' 0")	5.0 m (16' 5")	n/a

**Not more than 50% of the area of the rear yard can be used for an above ground pool or combined accessory building coverage.

Stoney Creek

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.25 m (4' 2")	1.25 m (4' 2")	not permitted	n/a
In-ground	1.25 m (4' 2")	1.25 m (4' 2")	not permitted	n/a
Pool Equipment	0.6 m (2' 0")	0.6 m (2' 0")	5.0 m (12' 5")	n/a

Except 1 m where the side yard along its entire length ajoins the rear lot line of an abutting property.

By-law 05-200

Item	Rear Yard	Side Yard	Front Yard	Coverage
Above Ground	1.25 m (4' 2")	1.25 m (4' 2")	As per By-law	n/a
In-ground	1.25 m (4' 2")	1.25 m (4' 2")	As per By-law	n/a
Pool Equipment	0.6 m (2' 0")	0.6 m (2' 0")	As per By-law	n/a

1. If a deck is attached or is part of an above ground pool then the above noted setbacks are to be taken to the outer edge of the deck.

2. If your property is a corner lot, contact Building at 905-546-2720 for clarification of any special setback requirements. The information provided above is for a typical interior lot where side lot lines of adjacent properties abut each other.

3. On-ground pools may be classified as above ground or in-ground depending on the height above grade and the municipality's zoning by-law.

There are a variety of fencing materials permitted, including chain link, vinyl, aluminum, wood and wrought iron. All of these materials are subject to the conditions outlined in the Pool Enclosure By-law 16-184. Read it carefully to ensure that your fence and gates comply with the By-law requirements.

Enclosure Requirements

The fence must have a minimum vertical height of 1.5 metres (4’-11”), measured from the effective ground level on the outside of the enclosure,
It must also be located at least 1.0 metre (3’-3”) from nearest inside pool wall,
Has no opening when all gates are closed allowing the passage of a spherical object larger than 100mm in diameter,
Has nothing against or near the enclosure that facilitates climbing the enclosure or diminishes the structural integrity of the enclosure,
Every fence and gate used as part of an enclosure which forms the part of the enclosure that separates the pool from any dwelling on the same property shall be constructed of open mesh chain link fence or equivalent open face construction that does not restrict visibility of the pool from any door or window that is located on the access level of the dwelling, and which has a line of sight to the pool, and the materials used shall comply with the provisions of By-law 16-184.
Any gate that forms part of the enclosure must be equipped with a self-closing and self latching device at the top of the gate on the inside of the enclosure.

A swimming pool enclosure cannot enclose a utility reading device that requires periodic inspection or attendance by utility or service personnel, such as:

utility meters
hydro meters
furnace oil filler pipes

If your pool is near hydro lines, contact your service provider to ensure that the pool will conform to the required setbacks.

Date modified

November 08, 2024