The short version
- Every residential pool needs a building permit from the City, including above-ground and seasonal pools.
- A pool can't go in a required front yard, and the pool and its equipment have to stay at least 1.2 m (4 ft) from the side and rear lot lines.
- A temporary enclosure has to be up before work starts, unless the City has confirmed an existing one complies.
- No water can go in until the permanent enclosure is up and in good repair.
- The City inspects before work starts, and again before the pool is completely filled.
This is a plain-language summary of the City of Windsor's Construction Guide for Residential Swimming Pools and its Swimming Pool By-law (63-2021). Rules and fees change, so confirm with the Building Department before you start: 519-255-6267 or buildingdept@citywindsor.ca.
What counts as a pool?
The City counts anything that can hold at least 610 mm (24 inches) of water and has more than 2 m² (21.5 sq ft) of surface. That takes in above-ground pools and pools designed to be taken down. The City's guide says it can also include hot tubs, spas and ponds.
A hot tub has to either meet the enclosure rules or have a cover that stops access and is locked when the tub isn't in use.
Where a pool can go
- Not in a required front yard.
- At least 1.2 m (4 ft) from the side and rear lot lines, for both the pool and its equipment.
- Not under overhead electrical lines. ENWIN has its own clearances for pools.
Easements have to be shown on your site plan, and corner lots can have extra requirements, so check with the Building Department first.
Applying for the permit
Applications go through Cloudpermit, the City's online system. You'll need a site plan showing the whole lot, the house and other structures, the pool with its size and distances to the property lines, the pool equipment, the enclosure and gate, and any easements.
Other approvals may be needed, such as ERCA, the Ministry of Transportation or septic approval. A deck built along with the pool needs its own permit.
What a pool permit costs
The permit fee comes from the City's building permit fee schedule. On top of that, there's an indemnity deposit of $50 per metre of lot frontage. It covers any damage to the sidewalk, curb or boulevard from construction traffic, and what's left is refunded when the work is done.
The by-law says a permit is valid for six months. If work hasn't started, it can be renewed once for another six months, as long as you ask in writing before it runs out.
The temporary fence
A temporary enclosure has to be in place before construction starts, unless an officer has confirmed an existing enclosure complies. It has to be a mesh fence at least 1.2 m high, with mesh no bigger than 38 mm and steel T-bar posts no more than 3 m apart, or something the Chief Building Official accepts as just as safe.
Pool fence rules in Windsor
The whole pool area has to be enclosed, and the enclosure can't be easy to climb. Hedges and berms don't count as an enclosure.
| Type of enclosure | Minimum height | Openings |
|---|---|---|
| Chain link | 1.2 m | Mesh up to 38 mm |
| Chain link | 1.5 m | Mesh up to 50 mm |
| Vertical panel, no middle rail | 1.2 m | Panels up to 100 mm apart |
| Vertical panel, with a middle rail | 1.5 m | Panels up to 100 mm apart, or 38 mm if the rails are less than 760 mm apart |
| Metal picket | 1.2 m | Pickets up to 100 mm apart |
| Horizontal panel | Ask the City | Panels up to 25 mm apart |
The gap under any enclosure can't be more than 50 mm. The enclosure can't sit within 1.2 m of anything outside it that would help someone climb over, whether that's a permanent object, a planting or a rise in the ground. Barbed wire, electrified wire and sharp projections aren't allowed.
Posts
Panel fences need posts at least 89 by 89 mm, no more than 2.45 m apart. Posts go at least 600 mm into the ground for a 1.2 m enclosure, and at least 900 mm for anything taller.
Pool gate rules
- The same type and height as the enclosure
- Self-closing
- Self-latching, with the latch at least 1.2 m above the ground on the inside
- Able to lock, and kept locked unless an adult is supervising the pool
Double gates have to lock together, with one gate self-closing and self-latching and the other held by a ground pin. If the wall of the house or a shed forms part of the enclosure, any door in that wall has to be self-closing, self-latching and locked when the pool isn't in use or supervised.
Above-ground pools
An above-ground pool has to meet one of these:
- All access points are fenced.
- The pool is at least 1.2 m high, built so it can't be climbed from outside, and access points are fenced.
- A portable or removable ladder is taken away and locked up when the pool isn't in use.
Pools designed to be taken down can't stay up outside pool season, which the by-law sets as June 1 to October 31.
The inspections
- Before construction: an inspector meets you on site to review the permit, any existing fences, the pool location (you mark it out first), easements, overhead lines and any rear yard drain.
- Rear yard drain: only if the drain has to be moved. The new drain tile has to be fully uncovered for the inspection.
- Final: once the pool and equipment are in, and before the pool is completely filled. The inspector checks the pool location, the enclosure and the final property grade.
You book inspections through Cloudpermit, and same-day requests aren't available.
Decks around a pool
A deck needs its own permit. Any deck or ramp serving the pool area that's more than 610 mm above the ground needs a guard around it.
Draining and backwashing
You can't backwash or drain a pool in a way that affects the land next door. It has to go to the municipal storm sewer system, with an extension that stops flooding, erosion or other problems for the neighbours.
Filling in an old pool
Taking out or filling in an in-ground pool needs a permit too. The walls, floor and attached parts have to come out, and any drains that stay have to be capped and inspected. Only clean fill can go back in, not broken concrete or brick. Then the site has to be graded and restored so water doesn't pond or drain onto the neighbours.
Planning the yard around the pool
The final inspection looks at the grade, and the enclosure rules affect where beds and stone can go, so it's worth planning the yard along with the pool. We build concrete decks, turf, stone beds and fences around pools across Windsor-Essex, all on one quote.
Pool decks and pool landscaping →
Read the rules yourself
The City's guide to residential swimming pools (PDF) →
Read the City's swimming pool by-law (PDF) →
Planning the yard around a pool?
Free on-site estimate anywhere in Windsor-Essex, with a written quote the same day. One-year warranty, fully insured and WSIB covered. Call or text 519-567-4724.
