Pool fence rules are the most common reason a backyard project gets held up at the end. The pool is in, the landscaping is done, and the inspector fails the gate latch or a gap under the fence, and the water cannot go in until it is fixed. The rules are not hard. They are just different in every town, and contractors who work across Halton and Hamilton see the same handful of mistakes over and over. This guide compares the by-laws for Hamilton, Burlington, Oakville, Milton and Halton Hills, and sets out a fence specification that passes in all of them.
The five by-laws side by side
| Town and by-law | Minimum height | Openings | Gate latch |
|---|---|---|---|
| Hamilton, Pool Enclosure By-law 16-184 | 1.5 m from the outside ground | No opening that passes a 100 mm sphere. Vertical wood boards 38 mm apart, or 100 mm on board-on-board. Nothing climbable. | Self-closing, self-latching, latch on the inside at least 1.35 m up |
| Burlington, Pool Fence By-law 074-2005 | 1.2 m for wood boards, pickets, solid panels and chain link; 1.5 m for metal; 2.0 m maximum | Chain link mesh no larger than 38 mm | Self-closing, lockable self-latching device on the top inside |
| Oakville, Pool Enclosure By-law 2006-071 | 1.2 m | 38 mm, unless the enclosure is at least 1.52 m with horizontal rails at least 1.22 m apart | Self-closing, self-latching, at least 1.22 m above grade |
| Milton, Swimming Pool Fencing By-law 077-2010 | 1.2 m for wood, chain link (38 mm mesh) and glass; 1.5 m for metal; 1.8 m for 50 mm chain link | Boards 38 mm apart and on the outside face if rails are under 1.2 m apart; up to 100 mm if rails are over 1.2 m apart. No more than 100 mm under the fence. | Self-closing, self-latching, at the top on the inside. A thumb latch does not count. |
| Halton Hills, Pool Enclosure By-law 2009-0028 | 1.52 m from the highest ground within 0.9 m outside the fence | 38 mm, or up to 100 mm between verticals if rails are over 1.22 m apart; chain link up to 50 mm if at least 1.83 m high. No more than 50 mm under the fence, and no loose gravel. | Self-closing, self-latching at least 1.22 m up, hinges rated for 90 kg (200 lb), and a lock |
These are the core measurements from each by-law as published. By-laws are amended, and Burlington's figures here come from the by-law text as quoted by the city's enclosure checklist, so confirm with the building department before you build. Rules on where the fence sits, gate distances and building walls vary more, and are covered below.
What counts as a pool
- Depth. All five apply to a pool that can hold more than about 600 mm (24 in) of water. Halton Hills' definition also requires at least 1 m2 of open water and explicitly includes inflatable and temporary pools.
- Hot tubs. Halton Hills and Milton both include hot tubs, but exempt one with a locking cover that is locked when not in use. Halton Hills specifies a cover able to hold 90 kg (200 lb). Check your town before you assume a hot tub needs no fence.
- Ponds. A deep garden pond can be caught too. Our fence cost guide notes the 600 mm threshold, and our pond cost guide covers design depth.
The spec that passes in all five towns
If you want one fence that will not get caught out whichever of these towns you are in, build to the strictest version of each rule:
| Item | Build it to | Why |
|---|---|---|
| Height | At least 1.52 m (5 ft), measured from the highest ground within 0.9 m outside | Meets Halton Hills, the strictest, and clears Hamilton's 1.5 m |
| Openings | No gap over 38 mm (1 1/2 in) anywhere | Meets every town without relying on rail spacing exceptions |
| Climbability | Boards on the outside face, rails and bracing on the pool side | Milton requires it, Hamilton bans anything climbable |
| Bottom gap | 50 mm (2 in) or less, on firm ground, not loose gravel | Halton Hills is strictest at 50 mm |
| Chain link | 1 1/2 inch mesh, with top rail and bottom tension wire | Burlington allows nothing larger at any height |
| Gate | Self-closing, self-latching, latch on the inside at least 1.35 m up, lockable, hinges rated 90 kg or more | Meets Hamilton's latch height and Halton Hills' hinge and lock rules |
| Gate position | At least 1.52 m from the water's edge | Halton Hills requires it |
| Maximum height | Check your fence by-law, for example 2.0 m in Burlington's pool by-law and 2.13 m in a Halton Hills rear yard | A pool fence still has to obey the general fence by-law |
Where the fence can go
- Distance from the water. Halton Hills wants 1.22 m clear between the water and the fence on at least 80 percent of the pool's perimeter, and any building wall used as part of the enclosure at least 1.22 m from the water. Milton sets 1.2 m from the inside edge of the pool, with exceptions.
- Old fences next to it. Halton Hills does not allow a non-compliant fence within 0.61 m (2 ft) of a pool enclosure, because the old fence can be used as a ladder.
- The house wall. A wall can form part of the enclosure in most towns, but doors through it need their own controls. Halton Hills requires a bolt or chain latch at least 1.83 m above the inside floor, and windows lower than 1.5 m above the floor cannot open more than 10 cm unless guarded.
- Above-ground pools. Milton requires the enclosure to be separate from the pool, including the wall of an above-ground pool, so the pool wall alone does not count. See above-ground pool deck ideas for decks and guards around them.
- Shared boundary fences. In Halton Hills, a lawful existing enclosure on a shared lot line can form part of a neighbour's new enclosure, but replacing 7.31 m (24 ft) or more of an existing enclosure means the replacement has to meet today's standard.
Fence types and how they fare
- Board-on-board and solid wood. Easy to pass on openings. Put the boards on the outside and the rails inside. Watch the gap at the bottom as the ground settles.
- Aluminum. The most cost-efficient pool fence in Ontario, because manufacturers build panels to code by default. Picket spacing and rail spacing are designed around the 100 mm and 1.2 m rules.
- Chain link. Passes with 1 1/2 inch mesh. Standard 2 inch mesh fails at 4 ft in Burlington, Milton and Halton Hills. See our chain link fence guide.
- Glass. Allowed in Milton at 1.2 m with no openings over 38 mm. Costs the most.
- Not allowed. Milton prohibits basket weave and horizontal split rail. Milton and Halton Hills both ban barbed wire and electric fencing on an enclosure.
For the private styles that pass, see privacy fence ideas and wood vs vinyl vs aluminum fence.
Permits, inspection and timing
- Get the enclosure permit before you dig. All five towns require one before a pool goes in. Milton's is valid for six months and can be renewed once. Fees in Hamilton, Burlington and Oakville are listed in our permits guide.
- Fence the construction site. Halton Hills requires temporary fencing at least 1.22 m high while the pool is being built, for example snow fence on steel T-posts no more than 1.2 m apart.
- Pass inspection before any water goes in. No town allows a new pool to be filled until the enclosure has been inspected and approved.
- Keep it compliant. Gates locked when the pool is not supervised, nothing stacked against the fence that a child could climb, and repairs done promptly. Halton Hills fines run from $400 to $5,000.
What a pool fence costs
A pool-rated fence typically costs 15 to 30 percent more than a standard fence of the same material, mostly in the gate hardware and the tighter spacing. For per-foot prices by material, see our fence cost guide, and for the pool itself, our inground pool cost guide. If the pool is coming next year, build the fence to pool standard now: retrofitting rails and gates later costs more than doing it once.
Frequently asked questions
How high does a pool fence have to be in Ontario?
It depends on the town. 1.2 m in Oakville, Burlington and Milton for most wood and chain link fences, 1.5 m in Hamilton, and 1.52 m in Halton Hills. Metal fences need 1.5 m in Burlington and Milton.
Do I need a permit for a pool fence?
Yes. Hamilton, Burlington, Oakville, Milton and Halton Hills all require a pool enclosure permit before the pool is built, and an inspection before it is filled.
Does a hot tub need a fence in Ontario?
Often not, if it has a locking cover that is locked when not in use. Halton Hills and Milton both exempt hot tubs on that basis, and Halton Hills specifies a cover able to hold 90 kg (200 lb). Check your own town.
Can my existing fence be my pool fence?
Sometimes. It has to meet the current height, opening and climbability rules, and the gates almost never do without new self-closing, self-latching hardware.
How big can the gap under a pool fence be?
50 mm (2 in) in Halton Hills, with no loose gravel underneath, and 100 mm (4 in) in Milton. Build to 50 mm and you are covered in both.
Where does the pool gate latch go?
On the inside of the gate, near the top. Hamilton requires at least 1.35 m up, Oakville and Halton Hills at least 1.22 m, and Milton at the top on the inside, with thumb latches not accepted.
Is chain link allowed for a pool fence?
Yes, with small enough mesh. Burlington allows mesh up to 38 mm. Milton and Halton Hills allow 38 mm mesh, or 50 mm only when the fence is at least 1.8 m or 1.83 m high.
Can I fill my pool before the fence is inspected?
No. Every town covered here prohibits filling a new pool until the enclosure has been inspected and approved.