In East Gwillimbury a pool fence must stand at least 1.2 metres high with gaps of 100 mm or less, and its gate must close and latch by itself. Altering or replacing the fence needs a Town permit first.
A sagging gate, a latch that no longer catches or a rotted board looks like a ten-minute fix. On a pool fence it is a bylaw matter. The Town of East Gwillimbury's Pool Enclosure By-law 2019-131 sets out what the fence has to be, and it makes you, the owner, responsible for keeping it that way. This guide walks through what the by-law says so you know what to check before anyone picks up a drill.
What counts as a pool, and what the fence must do
The by-law defines a pool as any outdoor, privately owned body of water used or capable of being used for swimming that can be deeper than 0.6 m (24 inches). Hot tubs and swim spas are included. The fence must completely surround the pool and be sturdy enough to prevent unauthorized entry.
- Height: at least 1.2 m (4 feet), gates included. Height is measured from ground level, or from anything climbable on the outside such as a planter or a stack of firewood.
- Gaps: no more than 100 mm (4 inches) between vertical parts, and no more than 100 mm between any part and the ground.
- No footholds: no rails, diagonal bracing or attachments on the outside that a child could climb. The by-law also bars piling or leaning objects against the fence.
- Distance from the water: the fence must sit at least 1.2 m (4 feet) from the water's edge.
Gate rules: this is where most repairs land
Section 5.8 of the by-law asks a lot of a pool gate. It must match the strength of the fence it hangs in, meet the same height requirement, hang on substantial hinges, and have a mesh opening of no more than 3.8 cm (1.5 inches) if it is chain link. It must also have a self-closing, self-latching and lockable device more than 122 cm (48 inches) above the ground, at the top of the gate, designed so small children cannot readily open it from the outside.
The by-law's definition of a self-latching device is specific: it engages each time the gate is closed, will not let the gate be pushed or pulled open, and releases only when lifted or turned, directly or with a key. A latch that sits on the catch but swings open when you push is not compliant. A gate that has dropped on its hinges and no longer lines up with its latch is not compliant either, and it can mean a fence that passed inspection years ago would not pass today.
Double gates need one leaf with a self-closing and self-latching device, and the other leaf must be held by a device permanently fixed to the ground or another immovable object that cannot be released without lifting or removing it. The by-law also says the gate must be kept closed, latched and locked when the pool is not in use, and kept locked at all times when no responsible person is supervising.
When a repair needs a permit
The by-law says no one may alter or replace a pool fence without first getting a permit (section 2.15), and the Town's pool enclosure page lists altering an existing pool fence as a permit trigger. The by-law also defines maintaining a fence as repairing any part of it so that it works as intended, and requires owners to keep the fence in good condition. It does not spell out a threshold for small repairs.
In practice, tightening a hinge, re-hanging a gate or swapping a latch for the same type is maintenance. Changing the fence type, height, gate position or latch design, or rebuilding a run of fence, looks like altering or replacing. When it is not obvious, call the By-law Department at 905-478-4282 before you start. A short call is cheaper than an order to redo the work.
A fence that serves as a pool enclosure is the exception to the Town's usual rule that standard fences need no permit, and where it also serves as a boundary fence, the pool by-law takes priority over the other fence by-laws (section 2.9). No pool fence may stand in a sight triangle on a corner lot.
Material rules that matter when you replace parts
If a repair swaps out boards, mesh or posts, the by-law's construction standards apply to the new parts:
- Chain link: mesh no larger than 38 mm (1.5 inch) diamond, posts of at least 1.5 inch galvanized steel set in concrete 1.2 m (4 feet) deep, spaced no more than 3 m (10 feet) apart.
- Wood: vertical boards at least 1 by 4 inches nominal, spaced no more than 5 cm (2 inches) apart, on 4-inch posts set in concrete 1.2 m deep and no more than 2.4 m (8 feet) apart.
- Wrought iron or ornamental metal: bars spaced so a 10 cm (4 inch) sphere cannot pass through, with top and bottom rails and posts of the stated minimum size.
A fence in good condition on the day the by-law passed may be grandfathered, but section 2.6 says any later change to it falls under the by-law. That is why a small repair can turn into a conversation about the whole fence.
If your home is in a new subdivision or near the lake
In a subdivision the Town has not yet assumed, no pool fence permit is issued without a clearance letter from the developer, including for any change to grading. Lands under Lake Simcoe Region Conservation Authority jurisdiction also need LSRCA approval before construction. Both come up for new fences more than for a simple gate repair, but they are worth a question if your lot backs onto a watercourse or your subdivision is still new. Our guide to decks, sheds and fences on a new Queensville or Sharon home covers the developer side.
Hot tubs are different
A hot tub or swim spa with a lockable cover that supports at least 90.72 kg (200 pounds) does not need a pool fence, but only if the cover stays securely closed and locked whenever the tub is not in use (sections 7.6 and 7.7).
Quick answers
Do I need a permit to repair a pool fence in East Gwillimbury?
Altering or replacing a pool fence needs a permit under By-law 2019-131. The by-law defines maintaining as repairing, so ask the By-law Department before starting whether your repair counts as a change.
How high does an East Gwillimbury pool fence have to be?
At least 1.2 metres (4 feet), measured to include the gates, with no more than 100 mm (4 inches) between vertical parts or between any part and the ground.
Does a pool gate have to close by itself?
Yes. By-law 2019-131 requires a self-closing, self-latching, lockable device more than 122 cm (48 inches) above the ground, at the top of the gate.
Does a hot tub need a fence in East Gwillimbury?
Not if it has a lockable cover that holds at least 90.72 kg (200 lb) and the cover stays closed and locked whenever the tub is not in use.
Who can I call about a pool fence question?
The Town's By-law Department takes final inspections and questions at 905-478-4282. Rhodex can also price a gate or fence repair once you know what the Town requires.
Before you call anyone
Stand at the gate and check three things: does it swing shut and latch by itself from any open position, is the latch above 122 cm (48 inches), and can a child push it open from outside. Then measure the gap under the fence and between the pickets. If any of those fail, note it and call the Town before you pick a repair. A vetted craftsman can handle the hinges, latch and boards once you know which parts of the by-law apply.
Related reading
- Fence repair from Rhodex: get a fixed price
- Deck, Shed or Fence on a New Queensville or Sharon Home: What to Wait For
- Replacing a Fence in East Gwillimbury: Height Rules
- Hot Tub Hookup in East Gwillimbury: The Cover Rule and the Wiring
- A Thornhill Hot Tub or Pool Gate That Won't Close and Latch: What Each City Requires
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