In-ground and above-ground pools
A pool is defined as an artificial, outdoor basin designed for swimming, bathing, or any other water recreation.
This definition includes wading pools, garden ponds, whirlpool baths, and hot tubs of 2000 liters or more, which have a depth of 45 cm (18 in.) or more at any point.
New provisions concerning the safety of residential swimming pools
To tighten safety measures around residential pools, the Quebec government announced an amendment to the Residential Swimming Pool Safety Regulation effective July 1, 2021. The changes being put in place are in response to the recommendations made by several coroners to reduce the risk of children drowning. They apply to all types of pools, including above ground, in-ground and removable pools.
This new regulation renders null and void any acquired rights concerning protection measures for owners of swimming pools installed before November 1, 2010.
The provincial regulation renders the acquired rights provided for in section 5.13 of the City’s Zoning By-law 2008-43 null and void for the owners of swimming pools installed before November 1, 2010. If this applies to you, you have until July 1, 2023 to ensure that your pool fencing and any other installation surrounding your pool comply with the zoning by-law.
The regulation calls for improvements in equipment surrounding residential pools to reduce the risk of diving accidents. Residents wishing to obtain a permit for the installation of a new pool or to replace a pool feature will be required to conform to the new provisions.
- Pools equipped with a diving board must be installed in accordance with the BNQ 9461-100 standard in effect at the time of installation and require a plan and a siting plan;
- Chain link fence enclosures with a mesh size greater than 30 mm will be required to be slatted so as not to permit the passage of a spherical object greater than 30 mm in diameter;
- No structure or fixed equipment likely to be used to climb over the wall of a swimming pool or enclosure should be installed within one metre of the pool;
- No window should be situated within one metre of a pool or an enclosure, unless it is at a minimum height of 3 m from the ground or its maximum opening is 10 cm.
If you have any questions about whether your swimming pool complies or want to find out the steps to take to bring it into compliance, you can contact the Urban Planning, Permits and Inspection Department at 450-466-3277 or email@example.com.
All pool safety provisions of the zoning by-law will be updated as part of the ongoing regulatory review process.
Other provisions to be complied with
An in-ground or above-ground pool may be located either in the side yard or in the back yard.
All pools must be at a minimum distance of:
- 1.9 m (6.2 ft.) from all side or rear property lines;
- 1.85 m (6 ft.) from all dwellings.
In the case of a corner lot, the pool may be located in the secondary front yard adjacent to the street if the following minimum distances are respected:
- Above-ground pools: must be at least 4 m (13.1 ft.) from the side property line next to the street, and they must be screened by a privacy fence or a hedge 1.85 m (6 ft.) high;
- In-ground pools: must be at least 1.9 m (6.2 ft.) from the side property line next to the street.
These distances are measured from the water line, that is the imaginary line separating the edge of the swimming pool and the beginning of the water.
It is the applicant’s responsibility to check all public or private rights-of-way.
A request for an authorization certificate to install an in-ground pool that is located 2.9 m (9.5 ft.) or less from the property line must be accompanied by a detailed layout plan prepared by a land surveyor. When the work is completed, a certificate of location prepared by a land surveyor must be submitted to the Town Planning, Permits and Inspection Department.
An above-ground pool that is less than 1.2 m (3.9 ft.) higher than the adjacent ground level must be enclosed by a fence. The fence may be situated on or near the property lines or around the pool. The wall of a building with openings cannot be considered as a part of the enclosure to limit access to the pool.
The minimum height for all fencing is 1.2 m (3.9 ft.), and the fence must completely enclose the area. The clearance between the ground and the bottom of the fence may not exceed 10 cm (4 in.).
The fence must not allow any opening greater than 11 cm (4.3 in.) and must not be climbable.
The access gate must be equipped with a self-closing, self-latching mechanism located on the inside of the fence at least 1.25 m (4.1 ft.) from the ground. This latch must be kept locked with a key or padlock.
An in-ground pool must have an open area of at least 1.2 m (3.9 ft.) around the pool.
An above-ground pool or a fence around an in-ground pool must be located at least 1 m (3.3 ft.) from all raised structures, such as patios and decks.
An above-ground pool must be fitted with a safety ladder. If the pool wall of an above-ground pool serves as a fence, the ladder must be raised, removed, or locked, and must not be accessible when the pool is not under supervision. In all cases, any ladder and/or deck providing access to the pool must be enclosed by a fence and a gate that complies with city by-laws.
Any pool whose walls are not completely vertical, such as inflatable pools, must be fenced in.
Ancillary buildings used to cover pools are not permitted.
The pool area must be adequately lit, but light must not illuminate any neighbouring property.
All decks for above-ground pools must respect the following minimum clearances:
- 2 m (6.6 ft.) from all side property lines;
- 3 m (9.9 ft.) from all rear property lines;
- 3 m (9.9 ft.) from the street right-of-way (for corner lots only).
All mechanical equipment must be located at a distance of at least 2 m (6.6 ft.) from any property line. The equipment may not be higher than 1.2 m (4 ft.) and it must be screened by vegetation having a maximum height of 1.5 m (5 ft.).
The noise generated by this equipment may at no time exceed 50 decibels when measured at the property line facing the equipment. All equipment must be located at a distance of more than 1 m (3.3 ft.) from the pool or the fence.
A certificate of authorization is required to install a pool on your property.
When making a request, you must submit two copies of the following:
- Duly completed permit and/or certificate application form (in French);
- The certificate of location prepared by a land surveyor;
- A detailed layout plan prepared by a land surveyor if the in-ground pool is located 2.9 m (9.5 ft.) or less from the property line;
- A plan to scale, showing the pool and accessories, the distance of the pool from the property lines and from the building, the location and type of fence to be installed, and, in the case of an in-ground pool, a sectional view of the pool to verify depth;
- Contractor’s contact information;
- work schedule;
- cost of the work.
Regl tarifs 2023 urbanismeThe steps are as follows:
- Before the file can be evaluated, the request must be signed and paid for, and all the required documentation must be completed.
- Your request will then be reviewed. Due to the high volume of permit requests, we are unable to provide an exact processing time. When you submit your request, an estimate of the time it will take will be provided.
- The inspector will issue the certificate of authorization.
Cost of a certificate of authorization
The cost of a certificate of authorization depends on the nature of the work involved. Consult the price list for all the details.
Please refer to the Territorial development page to know all the provisions of the urban planning by-laws in force on the territory of the Ville de Saint-Lambert.