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Residential building code requires barriers around any pool containing over 2 feet of water.
New York State Code requires the installation of a fence or other approved barrier around any swimming pools that can contain water more than 24 inches deep, including many of the popular “kiddie” pools sold throughout the State.
Swimming pools offer relief from the heat of summer, but they also can present a danger to young children. It does not take long for a child to climb into a pool unnoticed, and the potential for an accidental drowning, even in a relatively shallow pool, is a real concern. We urge people to shop wisely when purchasing a pool and comply with the State Code by putting up a fence or other approved barrier to reduce the risk of a child entering the pool without proper supervision.
Under the Residential Code of New York State, barriers are required for any structure intended for swimming or recreational bathing that can contain water over 24 inches (610 mm) deep. Structures regulated under this code provision include in-ground swimming pools, including “self-set” pools, and hot tubs and spas.
Outdoor swimming pools must be surrounded by an approved barrier at least 48 inches (4 feet or 1219 mm) above grade, or, for above ground pools, must be covered by a barrier mounted on top of the pool structure. Various types of fences can be approved, depending on the height of horizontal rails and openings between slats. The Code also contains provisions related to openings in chain link fences, including a maximum mesh size of 1.25 inches square.
Access gates to a pool also must be locked with a key, combination or other child-proof lock sufficient to prevent access through the gate when the pool is not in use or is unsupervised. Pedestrian access gates are required to open outward—away from the pool—and be self-closing, with a self-latching device.
If a wall of a house or dwelling area serves as part of a pool barrier, the pool must be equipped with a powered safety cover, or doors with direct access to the pool through the wall must be equipped with an alarm that produces an audible warning if the door (and its screen) is open. The alarm must sound for at least 30 seconds immediately after the door is open and be able to be heard throughout the house during normal household activities. Other means of protection, such as self-closing doors with self-latching devices, may be acceptable if they provide the same level of protection as a powered safety cover or door alarm and are approved by a local code enforcement officer.
If the sides of an above ground pool meet the requirements of a barrier (48 inches high) and the means of access is a ladder or steps, then the ladder or steps must be capable of being locked, secured., or removed to prevent access, or they must be surrounded by a barrier.
The Code provisions are enforced by local code enforcement officials, who determine penalties for non-compliance, which may range from a warning to a fine. A building permit is required.
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