Swimming Pools

All swimming pools that are deeper than 0.5 m must be enclosed by a pool safety fence. You need a pool enclosure permit in order to put up a fence around your swimming pool. These fences help keep our community safe and prevent unauthorized or unintentional entry into a yard with a swimming pool.

Apply for a pool enclosure permit

Please email bylaw@whitby.ca to receive the current pool enclosure permit or pick one up at:

3050 Garden St.#102 in Whitby, L1R 2G7

Make sure to include a detailed drawing that shows the construction of the proposed or existing fence.

Fee

It costs $463.50 to apply for a pool enclosure permit. You can pay by cash, cheque or debit. All cheques should be made payable to the Town of Whitby.

If the permit is cancelled, you'll receive a refund of 40% of the permit fee.

Additional approvals

Depending on the location of your property, you may require the following additional approvals:

If your subdivision has not been assumed by the Town of Whitby, you must provide the Town with a letter of permission from the developer of your subdivision authorizing the construction of a swimming pool on your property
If your property contains a septic system, you must provide the Town with a letter of approval from the Region of Durham authorizing the construction of a swimming pool on your property
If your property is located in an area regulated by the Central Lake Ontario Conservation Authority (CLOCA), you must provide the Town with a letter of approval from CLOCA

Certain properties in the Town will have conditions attached to their site plan agreements that restrict or prohibit the installation of swimming pools. Please contact us and we can offer consultation.

Fence guidelines

Pool safety fences must be built to the following standards:

Safety fences must be at least 1.2 m in height
Safety fences may be of chain link or vertical board construction (other fencing materials may be acceptable if approved in advance)
All fences must be setback a minimum distance of 1.0 m from the edge of the swimming pool
The outside of the pool safety fence, including all gates, must not contain any climbable objects or horizontal fencing supports spaced less than 1.2 m apart which could facilitate climbing

Depending on the type of fence, you may need to follow additional guidelines.

Setback requirements

The minimum setback between the water’s edge and the enclosure shall be 1m
The minimum setback from nearest building shall be 1 metre.
For West Whitby properties only: a set back of 0.6 meters from a rear yard, Interior side yard, exterior side yard lot line is required for pool equipment such as heaters, swimming pools, pumps, treatment and filters.

Chain link fences

Pool safety fences of chain link construction must be built to the following standards:

Chain link fencing mesh cannot exceed 38 mm
Chain link fencing mesh must be either 12 gauge galvanized steel wire or 14 gauge wire covered with vinyl or similar
Vertical corner support posts and end posts must be at least 48 mm in diameter and extended at least 0.9 m below grade encased in concrete
Vertical intermediate support posts must be at least 38 mm in diameter and extended at least 0.9 m below grade encased in concrete
Horizontal top and bottom support rails are required and must be at least 32 mm in diameter
The bottom support rail may be substituted for a steel tension rod having a minimum diameter of 5 mm

Vertical board fences

Pool safety fences of vertical board construction must be built to the following standards:

Vertical boards must be at least 24 mm by 100 mm
Vertical boards cannot be spaced more than 38 mm apart
Vertical support posts must measure at least 100 mm by 100 mm and cannot be spaced more than 2.4 m apart
Vertical support posts must be extended at least 1.2 m below grade encased in concrete and treated with a preservative to prevent rot and decay
Horizontal top and bottom support rails are required and must be at least 48 mm by 100 mm

Gates

All gates that provide access into the area with the swimming pool must conform to the following standards:

Gates must be at least 1.2 m in height
Gates must be equipped with functioning self-closing hinges and self-latching devices
Gate latches must be located on the inside of the pool safety fence
All gates must be kept locked when the pool is not being supervised by an adult

Above-ground pools

Depending on the height of your above-ground swimming pool, the exterior walls of your pool may be able to function as a pool safety fence. If your pool walls are hard-sided and at least 1.2 m in height and there are no climbable objects located near your pool, a pool safety fence enclosing your yard may not be required. However, a pool permit is still required.

Please contact us to see if you need a pool enclosure permit.

Hot tubs and swim spas

You don't need a fence around a hot tub as long as you have a secure, rigid cover which is kept locked at all times when the hot tub is not in use.

For swim spas, as similar to hot tubs you do not require a pool enclosure permit for a swim spa if it has a secure, ridged cover that is kept located when swim spa is not in use.