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Pool Permit

The Swimming Pool Fencing By-law (#77-2010) requires owners of privately owned swimming pools to ensure that they are enclosed by a fence, have restricted entry by a lockable gate and adhere to the appropriate setbacks from the property line.  Jacuzzi's, inflatable pools and hot tubs are considered swimming pools under the current by-law.

The following information is a guideline only. It will provide you with a brief overview to help you understand and comply with 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.

Pool Owner's Responsibilities

  • You must obtain a permit from the Town of Milton before starting any part of the work of installing your pool.

  • 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 referring to the Comprehensive Zoning By-law (Urban) 016-2014 or (Rural) 144-2003 or contacting a Zoning Officer located in the Building Section of the Planning and Development Department at 905-878-7252, ext. 2329.

  • Obtain external approval from governing agencies if applicable. (ie Conservation Halton, Niagara Escarpment)

  • Once a permit has been issued, ensure the pool remains empty until the pool fence enclosure has been installed as approved or erected according to the Swimming Pool Fencing By-law, and has been inspected to the satisfaction of the Town of Milton.

  • 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.

  • If you are erecting a temporary pool that will be dismantled and re-erected each year, you are not required to obtain a permit each year, provided that the size, shape and location of the pool remain the same. You are advised to keep your permit on file for future reference. 

Preparing Your Permit Application

  1. Complete in full, an Application for a Swimming Pool, signed and dated by the owner or contractor as an authorized agent.
  2. Compile 5 (five) copies of your site plan or legal survey and indicate the following for approval: (attached sample)
    • Property lines and existing buildings
    • Location and setbacks of the pool and related equipment (not less than 4')
    • If the pool equipment will be enclosed, a separate permit may be required for the enclosure.  Please refer to the Comprehensive Zoning By-law 016-2014 or 144-2003
    • The pool enclosure showing fencing type, height and must include all gates and access points from all buildings.
    • Indicate any easements, catchbasins, retaining walls, swales with setback distances.
    • Indicate all landscaping, patios, concrete and existing decks with setback distances.
  3. A copy of the Developer's Clearance Letter if your dwelling is in an unassumed subdivision (see clause 6.2.3 of the By-Law).  To determine if you are in an unassumed subdivision you may contact the Engineering Department at 905-878-7252 ext 2500.

Guidelines

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.

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

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.

Permit Fees

  • All fees must be made payable to the Corporation of the Town of Milton at the time of application by cheque, cash or debit.
  • Flat rate permit fee of $166.00 (2017 Rate). (Fees are subject to change, usually on an annual basis.

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.