POOL FENCE REGULATIONS
All swimming pools, now matter how old, are required to have a barrier around them. The Property Maintenance Code of New York State requires an approved barrier around all swimming pools, regardless of their age.
Barriers, such as fences, are required around swimming pools, hot tubs and spas. This includes both fixed and portable units, including pre-formed or inflatable pools. The only exception is when a swimming pool is not able to contain more than 24” of water.
Hot tubs and spas are exempt from the barrier if equipped with a safety cover complying with the ASTMF1346 safety standard.
The Residential Code of New York State and the Building Code of New York State regulate the construction parameters of barriers. Several options are available.
1. 1.) A 48” barrier shall surround the pool area. The barrier can be made using various methods including masonry, wood, or metal. Whatever method is used, it must not allow passage of children through the barrier as well as be constructed to prevent climbing.
2. 2.) For above ground pools, the side wall can be used as part of the barrier as long as the walls are 48” above the ground and the access ladder is secured. A barrier can be placed on top of the pool if it doesn’t quite make the 48” by itself. Although a self-set pool (not rigid metal walls) may have a 48 inch wall, it does not obstruct access because it is not rigid. Therefore a barrier must be provided and is defined as: "A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool."
3. 3.) When the wall of a building serves as the barrier, or a portion thereof, a power operated top can be used or alarms can be placed on the doors leading to the pool area.
Pool gates and folding ladders do need to be locked when unsupervised. This needs to be achieved by a key, combination, or child proof lock.
Specifics on fence construction and permitted gates are found in the Residential Code of New York State and the Building Code of New York State.
For more information, contact the Department of State Division of Code Enforcement and Administration 41 State St. Albany, NY 12231
Phone: (518) 474-4073
Fax: (518) 486-4487