Residential Swimming Pool Installation - Swimming Pool Installation Homeowner/Applicant’s Handbook

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  • ResidentialSwimming Pool InstallationHomeowner/Applicants Handbook

    www.mississauga.ca/poolinstallation

  • 2011 Residential Swimming Pool Installation Handbook August 2011 Page 1 of 22

    IN THIS DOCUMENT

    We outline the process related to swimming pool installation on residential properties with single dwelling units. For information about the installation of public pools, residential pools serving six or more dwelling units, and for information relating to

    the building of structures, contact the Citys Planning and Building Department at: 3-1-1 (if outside of the City, dial 905-615-4311) 905-896-5638 eplanbuild.info@mississauga.ca

    We use the term Customer when referring to the Homeowner or the Applicant. It is ultimately the Homeowners responsibility to ensure that all applicable By-laws are followed and that the appropriate permits are issued.

    DEFINITIONS

    Swimming Pool: A Swimming Pool means any body of water located outdoors and contained entirely or partly by an artificial structure. It can hold water exceeding 61 mm (24 inches) deep at any point. Hot Tubs, Inflatable Pools and Above Ground Pools are included in this definition. However, any swimming pool owned by a public/governmental body is not included. To review the existing Swimming Pool Enclosure By-law, visit www.mississauga.ca/poolinstallation.

    Hot Tub: A Hot Tub means any body of water located outdoors contained by artificial structures and with machinery allowing for the direction and/or adjustment of jets of warm water flowing in a rapidly rotating and circular current, and which produces a depression or cavity of the centre. A Hot Tub, by definition, includes tubs commonly known as spas or whirlpools.

    Swimming Pool Enclosure: A fence or wall or combination thereof, including any doors or gates surrounding a privately owned outdoor swimming pool and restricting access thereto.

  • 2011 Residential Swimming Pool Installation Handbook August 2011 Page 2 of 22

    DEFINITIONS - contd. Municipal Services Protection Deposit (MSPD):

    Construction of a pool may require excavation and landscaping involving heavy equipment; therefore, the potential for damage to City property exists. For example, to access a backyard, an excavator may have to cross the Citys boulevard and sidewalk, which could cause damages such as cracked or scuffed pavement, damaged curbs and sidewalks. A Municipal Services Protection Deposit (MSPD) ensures funds are available to repair damages to City property. The deposit is fully refundable provided there are no damages. The City will inspect its property a minimum three (3) business days prior to the beginning of construction. The City will again inspect the property after the completion of the construction, including landscaping and grading. If construction damages are found, the cost of repairing the damages will be subtracted from the MSPD. If the cost is greater than the deposit, the customer will be responsible to pay the difference to the City. The Homeowner may choose to have a City-approved contractor do the necessary repairs, but must notify the Technical Services Section at 905-615-3200 ext. 3038 at least 48 hours prior to such repair.

    Lot Grading Deposit:

    A Lot Grading Deposit is a security deposit to ensure all excavated material is removed and existing grading along property boundaries is maintained. It also ensures that there are no adverse drainage issues on neighbouring properties as a result of the pool installation. When submitting a site plan drawing for review, grading information must be included. Please refer to the instructions and sample drawing included in this document, which serve as a guide to the details that are reviewed by the Lot Grading Technician. Your Swimming Pool Site and Lot Grading Plan must identify all the required elements.

    Statutory Declaration: A statutory declaration is a written declaration or statement of facts made by a person or persons and administered by someone who is

    authorized to do so such as a Commissioner of Oaths (e.g. lawyer). A person who makes a statutory declaration must solemnly declare that they conscientiously believe the facts declared to be true and that they know the statutory declaration is of the same force and effect in law as if it were made under oath.

    It is a criminal offence to solemnly declare a false statutory declaration and may be subject to prosecution resulting in a summary conviction (Section 134, Criminal Code of Canada). A person who makes a statutory declaration must obtain their own Commissioner of Oaths. City staff may not commission this declaration. The City of Mississauga will only accept an original copy of the statutory declaration administered by a person authorized for taking statutory declarations (e.g. lawyer).

  • 2011 Residential Swimming Pool Installation Handbook August 2011 Page 3 of 22

    Customers Obligation City of Mississauga Contact Info.

    Step 1 - ZONING The first step is to submit to the Planning and Building Department, Zoning Section: (a) the original commissioned Swimming Pool Statutory Declaration (see appendices F and G). If there is more than one (1) registered homeowner, each homeowner will need to sign the Statutory Declaration; (b) one copy of your Lot Grading Plan (maximum page size 11x17) showing: the full lot (shape and size) including the

    dwelling unit and the street location the proposed swimming pool with overall

    dimensions and setbacks from the pool to all property lines

    fence enclosure pool heating/filtering equipment and

    setbacks from the equipment to all property lines

    proposed accessory structure(s) and setbacks to each from the property line

    property grading, existing and new landscaping, existing and new all easements and right-of-ways affecting

    the lot Please note that free-hand drawn sketches will not be accepted. If available, a building location survey will be required. For more details on how to create a site and lot grading plan and a sample of a swimming pool site plan with lot grading, please refer to appendices D and E. Important: check the property survey to determine whether or not an easement exists. Please note that structures, including swimming pools, are not permitted on easements.

    Planning and Building Department Zoning Section: Will review the site plan and inform you of Zoning By-law requirements based on the proposed pool location. This information is given verbally. If you would like a written summary, a charge of $100.00 will apply. Please note that this fee is currently under review and is subject to change without notice. It is the Customers responsibility to ensure that the Zoning By-laws are followed, as Zoning does not approve the location of the pool. A Building Permit is not required for the installation of a swimming pool on residential properties with single dwelling units. However, there are restrictions for the installation of pool heaters, A/C units, gazebos, decks and other structures, which may require a building permit. Please note that the Zoning Section will not comment on current and proposed Lot Gradings. This is the responsibility of the Transportation and Works Departments Development Construction Section (see Step 3).

    Planning and Building Department, Zoning Section City Hall, 300 City Centre Drive, 3rd floor For general inquiries: 3-1-1 (if outside of the City, dial 905-615-4311) eplanbuild.info@mississauga.ca Zoning and Building: 905-896-5638 Planning: 905-896-5553 You can also find information at www.mississauga.ca. From the top menu, select Residents and then Planning & Building.

    http://www.mississauga.ca/

  • 2011 Residential Swimming Pool Installation Handbook August 2011 Page 4 of 22

    Customers Obligation City of Mississauga Contact Info.

    Step 1 contd An outdoor swimming pool is permitted in the rear yard. No part of an outdoor swimming pool is permitted in a front or required exterior side yard. In most cases, an outdoor swimming pool must be set back a minimum of 1.5m from all lot lines, measured from the inside wall of the outdoor swimming pool. However, this may vary depending on the zoning designation of the property and the zoning designation of adjacent properties. If your property has recently gone through the Site Plan Approval process and the City currently holds a Letter of Credit or securities to ensure compliance with the approved Site Plan, please contact the Development and Design Division of the Planning and Building Department at 3-1-1 (if outside of the City dial 905-615-4311) to discuss the need for an amended Site Plan approval. Pool heating/filtering equipment can be located in a required yard, other than a front yard, provided that it is not closer than 0.61m to any lot line. If your property is next to a Green Belt Zone, there may be a minimum setback distance greater than the normal 1.5m setback requirement. As the required Green Belt setback may differ from site to site, check with the Zoning Section for specific restrictions

    The City advises that all applicants should review the Zoning By-law carefully, and consult with their professional advisors about it as this may impact their application.

    Information on the Zoning By-law is available at the Planning and Building Departments counter on the 3rd floor at City Hall, and at: www.mississauga.ca/poolinstallation

  • 2011 Residential Swimming Pool Installation Handbook August 2011 Page 5 of 22

    Customers Obligation City of Mississauga Contact Info.

    Step 2 POOL ENCLOSURE & OTHER INFORMATION It is the Customers responsibility to contact other City departments and agencies to