Swimming Pools

All swimming pools that are deeper than 0.6 m must be enclosed by a pool safety fence. A pool enclosure permit is required before installing a fence around a swimming pool. Pool enclosure fences help keep our community safe by preventing unauthorized or unintentional entry into a yard with a swimming pool. 

Apply for a pool enclosure permit

Before applying, review the Pool Enclosure Guide for enclosure requirements, inspection information, and application instructions. Once you are ready, complete the Pool Enclosure Permit Application. Please note that application processing takes 5 to 7 business days. 

Fee

The fee for a pool enclosure permit is $485.00. Payment can be made by cash, cheque or debit. All cheques should be made payable to the Town of Whitby.

If the permit is cancelled, 40% of the permit fee will be refunded. 

Please note: If a pool is constructed before obtaining a pool enclosure permit, a violation fee of $648.00 will be charged instead of the standard pool enclosure 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, horizontal board, vertical board, wrought iron, or glass panel 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.

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.