Pool enclosure permits in Hamilton: forms and plans

Check whether you need a 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).
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 with Amendment By-law No. 22-059.
Amendment By-law No. 22-059
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.
Note: If a deck is constructed in addition to or adjacent to the pool, a separate permit will be required for the deck.
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

Location of Pool & Equipment

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.

This information is for single family dwellings only in residential zones. For all other pool enclosures call Building at 905-546-2720
To find the zone and by-law for a specific property, visit Interactive Zoning Mapping.
By-law 05-200: above ground and in-ground pools, 1.25 m (≈ 4 ft 1¼ in) (4' 2") rear yard and side yard, front yard as per By-law; pool equipment, 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, front yard as per By-law.
Ancaster Zoning By-law 87-57: above ground pools, 1.5 m (≈ 4 ft 11 in) (4' 11")*** rear yard and 1.5 m (≈ 4 ft 11 in) (4' 11") side yard, front yard and coverage as per zone; in-ground pools, 1.5 m (≈ 4 ft 11 in) (4' 11") rear yard and side yard, front yard not permitted; pool equipment (installed in rear or non-required side yard), 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, front yard not permitted. ***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 Zoning By-law 3581-86 (installed in rear of yard): above ground pools, 1.2 m (≈ 3 ft 11¼ in) (3' 11") rear yard and side yard, front yard as per zone, coverage 50%**; in-ground pools, 1.0 m (≈ 3 ft 3⅜ in) (3' 4") rear yard and side yard, front yard as per zone; pool equipment, 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, 5.0 m (≈ 16 ft 4⅞ in) (16' 5") front yard. **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 Zoning By-law 90-145-Z (installed in a typical Residential, R1 to R6): above ground and in-ground pools, 1.2 m (≈ 3 ft 11¼ in) (3' 11")* rear yard and 1.8 m (≈ 5 ft 10⅞ in) (5' 11")* side yard, front yard and coverage as per zone; pool equipment (installed in rear or non-required side yard), 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, front yard and coverage as per zone. *A pool installed in a front or side yard must follow the same setbacks as required for the dwelling.
Glanbrook Zoning By-law 464: above ground and in-ground pools, 1.5 m (≈ 4 ft 11 in) (4' 11") rear yard and side yard, front yard not permitted; pool equipment, 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, front yard not permitted.
Hamilton Zoning By-law 6593 (installed in rear of yard): above ground pools, 1.2 m (≈ 3 ft 11¼ in) (3' 11") rear yard and side yard, front yard as per zone, coverage 50%**; in-ground pools, 1.0 m (≈ 3 ft 3⅜ in) (3' 4") rear yard and side yard, front yard as per zone; pool equipment, 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, 5.0 m (≈ 16 ft 4⅞ in) (16' 5") front yard. **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 By-law 3692-92: above ground and in-ground pools, 1.25 m (≈ 4 ft 1¼ in) (4' 2") rear yard and side yard, front yard not permitted; pool equipment, 0.6 m (≈ 1 ft 11⅝ in) (2' 0") rear yard and side yard, 5.0 m (≈ 16 ft 4⅞ in) (12' 5") front yard. Except 1 m (≈ 3 ft 3⅜ in) where the side yard along its entire length ajoins the rear lot line of an abutting property.
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.

Enclosure Requirements

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.

The fence must have a minimum vertical height of 1.5 metres (≈ 4 ft 11 in) (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 ft 3⅜ in) (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 (≈ 3⅞ in) 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.

Only if a Site Alteration Permit is required, or your proposal for Swimming Pool Enclosure Permit has been flagged for possible site alteration by the Building Division

Get a Site Alteration Permit first, if required

If a Site Alteration Permit is required, it must be approved though the Growth Management Division prior to the issuance of the Enclosure Permit.

Step 1. Pre-Screening/Exemptions

Before submission of an application, a self-assessment against the Pre-Screening Checklist and Exemption Criteria is required.

for the installation of a pool where a permit has been issued pursuant to By-law No. 16-184, provided that: i. any previously approved grading plan is maintained or if there is no previously approved grading plan applicable to the property, a minimum 60 centimetre (≈ 1 ft 11⅝ in) strip of undisturbed ground remains along the rear and side property lines within the rear yard; and, ii. any retaining walls are limited to 0.5 metres (≈ 1 ft 7⅝ in) in height, measured from existing ground elevations.
Exemptions must be confirmed in writing by City staff with requisite notice of commencement.
Has your proposal for Swimming Pool Enclosure Permit been flagged for possible site alteration by the Building Division under their review process?

Swimming pool grading review

Ensure you have a plan that contains this information:

Swimming pool enclosure grading review checklist
Existing grading details with proposed amendments to existing conditions
Property lines
Existing and proposed retaining walls
Existing swales, catch basins, and proposed modifications to the existing drainage pattern
Current and proposed hard surface landscaping
Any missing information will result in our inability to properly assess your circumstances and may result in delays processing your Pool Enclosure Permit.
Note: if the final grading of your property has not been certified (CLOSED) you will require a site alteration permit (no exceptions).

Step 2. Complete the Application Form, Requirements Checklist & Fees

Complete Site Alteration Permit Application Form
Complete General Site Alteration Requirements Checklist
Submit an electronic copy of the requisite plans (certified by a qualified person in accordance with the Application Requirements, as per Section 14 & 15 of By-Law 19-286)
Residential (Minor): $1,155
Fees can be paid by cheque or credit card. Cheques must be made payable to the City of Hamilton.
Have a cost estimate completed and stamped by a qualified professional to determine the security deposit which will be required to be posted, being a minimum of 50% of all earth works and 100% of any restoration works, to be held until certification of completion of works by a qualified professional and subsequent inspection and release by a City Inspector

Step 3. Submit the Application

Submit the completed application form, requirements checklist, supporting documents and fee(s) by one of two ways:

In person delivery or by mail to: City of Hamilton 71 Main Street West, 6th Floor Hamilton, Ontario, L8P 4Y5 Attention: Site Alteration Application
The permit process takes approximately four to six weeks from the time a complete application is received to the time conditional permit approval is issued, provided resubmission(s) is not required in response to the review of the application.

Complete the forms1

Apply Online for a Pool Enclosure Permit (Fence)

Applications can now be submitted online by property owner, or agent acting on behalf of the owner through the City of Hamilton’s Customer Portal.

Step 1: Create a City of Hamilton Account (my.hamilton.ca)
You will need to create an account at my.hamilton.ca/
Step 2: Access the Customer Portal
After signing into my.hamilton.ca/, select the Building Permits category to create your Customer Portal account.
Once you are setup on the Customer Portal, navigate to Getting Started and select Permitting & Inspections to apply for a Building Permit and follow the steps.
Visit my.hamilton.ca/ and select the Building Permits category. Navigate to Getting Started and select Permitting & Inspections. Select an action and follow the steps.
Submit all documents in PDF format. Plans and drawings must be submitted as vector-based PDFs (not scanned copies).
PDF files must not be password protected or secured.
Complete and sign all required forms electronically. Fillable forms are available online.
All drawings must be drawn to scale.
Remove all comments, markups, and annotations from your PDFs before submitting. Any text added as a PDF comment must be flattened into the document or removed.
Submit drawings and specifications in black and white. Colour renderings or photographs may be included as supporting information but cannot replace the required plans.
If you are applying for a Residential (one-2 dwelling units) or Other permit applications, you can combine all of your drawings into a single PDF for submission.