Fencing Requirements: Buffalo vs Clarence

Does a deck count as a pool barrier in Buffalo?

Only if the deck perimeter meets the 48-inch barrier rules with self-closing gates. Open decks usually need a separate barrier.

Can my chain-link fence serve as a pool barrier?

Yes, if openings are 1.75 inches or smaller (or slats are added), height is 48 inches minimum, and gates are compliant.

Does Erie County have its own pool fence law?

No. Erie County does not pass a separate pool-fence ordinance. Pool barriers in every town, village, and city in Erie County are governed by Section R326 of the New York State Residential Code, which is enforced by the local building department where the pool is located.

How tall does my pool fence have to be in Erie County?

At least 48 inches (4 feet) above grade, measured on the outside (non-pool) face of the barrier, per §R326.4.2 of the New York State Residential Code. The barrier must have no climbable openings and no gap larger than 2 inches between the ground and the bottom of the fence.

Do my pool gates need to self-close and self-latch?

Yes. Section R326.4.2 requires pedestrian gates to open outward away from the pool, self-close, and self-latch. The gate must be securely locked whenever the pool is not in use or supervised. If the release mechanism is lower than 54 inches above grade, it must be shielded so it cannot be reached from outside the fence.

Do above-ground pools need a fence in Erie County?

They need an approved barrier. If the pool wall itself is at least 48 inches above grade, the wall can serve as the barrier as long as the ladder is removable, locked, or enclosed by a 48-inch fence with a self-latching gate. Below 48 inches, a separate compliant fence is required.