A pool fence enclosure permit is required for any body of water located outdoors on privately owned property, in which the depth of water at any point can exceed 600 millimetres and includes spas, hot tubs, wading pools and swimming pools.

If you wish to install a pool and already have an existing fence around your yard, a pool enclosure permit is still required to ensure that the pool enclosure meets the requirements of the By-law. You must also acquire a permit if you are replacing a pool enclosure however you may repair and replace parts of an existing pool enclosure without obtaining a new permit.

Application Submission Checklist

1. Swimming Pool Enclosure permit applications must be submitted online through DASH
2. The pool enclosure permit requires the following supporting documentation:
   1. Drawings of Elevation details for proposed and existing fence enclosures.
   2. Completed utility locates form. Please call Ontario One Call at 1-800-400-2255 prior to any digging.
   3. A plot plan layout including the following information:
      1. Measurements from the property lines to the water’s edge of the pool (1.5 metres minimum). Pool decking must be a minimum of .6 metres from the property line.
      2. Measurements from the pool enclosure to the water’s edge of the pool (1.2 metres minimum).
      3. Measurements from all buildings and structures including decks and access doors to the pool’s edge (1.2 metres minimum).
      4. Location of proposed and existing fences.
      5. Location of the self-closing and self-latching gates.
      6. Measurements to mechanical pool equipment (1.2 metres to lot lines where enclosed and 3 metres to lot lines where unenclosed).
      7. Indicate all climbable objects within 1.2 metres outside of pool enclosure.
      8. Location of any right of way, easements and retaining walls.
      9. Location of septic beds and tanks where applicable.
      10. For pools located in Bylaws 8499, 76-26, 32-74, 97-102 A swimming pool shall not be considered as part of the lot coverage provided no part of the pool excluding its railing protrudes more than 1.4 metres above the ground level surrounding the swimming pool
      11. For pools located in Bylaw 96-259, No accessory building or structure, including outdoor above ground swimming pools, shall cover more than ten per cent of the lot area.

Enclosure Requirements

Enclosures must be designed and installed to reasonably deter young children from gaining access to the enclosed area. Every enclosure construction must be at least 1.2 metres in height and comply with the minimum construction specifications detailed in the Fence Bylaw which include:

1. The enclosure must not allow a ball 100 millimetres in diameter to pass through or a ball 50 millimetres to pass under it.
2. A minimum of 1.2 metres between horizontal rails unless the spacing of vertical slats is less than 38 millimetres.
3. Chain link construction with links no greater than 38 millimetres.
4. All posts are to be encased in a concrete footing that has been excavated to a minimum depth of 1.2 metres and spaced not more than 2.4 metres for wood and 3 metres for steel.

Locked Gates

All enclosure gates must:

1. meet the same height requirements as the fence.
2. be supported by self-close hinges.
3. be self-latching and lockable. The latch is to be located on the pool side of the gate at the highest possible point.

Where the wall of an accessory building, or garage, forms part of the enclosure, all doors in the wall having direct access outside the pool area must be equipped with a self-closing, self-latching and locking device.

Above Ground Pools

The vertical walls of an above ground pool may form part of a pool enclosure if:

1. They are at least 1.5 m (5 feet) in height and do not possess any horizontal members that may facilitate climbing; and
2. The ladder area, or deck, which provides access to the above ground pool, is enclosed by a gated enclosure which complies with the By-law.
3. Removable or swing type ladders used to access above-ground pools are not permitted as part of the required enclosure.

Hot Tubs and Swim Spas

Hot tubs and Swim Spas with a compliant lockable cover are exempt from having to obtain a permit and the requirements to construct a fence enclosure. The location of the hot tub must be in compliance with the applicable zoning bylaw.

1. Hot tubs are permitted in a rear or interior side yard.
2. The wetted surface must be a minimum of 1.5 meters (5 feet) from the property line and 7.5 meters (24.7 feet) from a street line (exterior side lot line).
3. Hot tub equipment is required to be 3 meters (10 feet) from the property line if not enclosed or 1.2 meters (4 feet) from the property line if enclosed.

Accessory Structures

If a deck or an accessory structure greater than 10 square metres is proposed as part of your application or enclosure, a separate building permit application will be required for these structures. Building permit application forms can be found on the Building Permit Applications & Forms page.

Required Inspections

The owner of a property on which a pool and pool enclosure are being constructed, or their contractor, must arrange for the following inspections:

1. In the case of a temporary pool enclosure, prior to the pool being filled with any water; and
2. At the completion of the construction of the permanent pool enclosure.
3. The permit plans and specifications must be on site and made available to the Building Inspector at the time of inspection.

The Building Inspector's name and phone number are identified on the pool enclosure permit and inspections must be arranged 24 hours in advance of the requested inspection time.

Access to Property

If you are accessing your property over the City Boulevard or sidewalk to install the pool, a Residential/Commercial Entranceway Application will be required prior to any work being done.  Any damage to City property, including sodded areas, pavement, sidewalk and/or curb must be repaired and restored to pre-existing conditions.  If any repairs requested by the City are not completed by the date specified by the City, the City shall have the right to complete these repairs and have the costs of those repairs added to the tax roll and collected in the same manner as taxes.

If you are accessing your property through City owned land, a Park Access Permit is required. Please email the Park access permits and Entrance Permit Applications to engineering@cityofkingston.ca.

Overhead Lines

Please note, the Ontario Electrical Safety Code requires that overhead power lines within 5 meters of the edge of a pool be a minimum of 5 meters above any pool equipment.