Safety Rules: Buffalo vs Clarence

Do Buffalo HOA or condo pools need a permit?

Yes. Any pool serving 3 or more dwelling units is semi-public and requires Erie County DOH permit and certified operator.

What is the VGB Act?

Virginia Graeme Baker Pool and Spa Safety Act requires anti-entrapment drain covers on all pools built or retrofitted after 2008.

Does Erie County regulate my backyard pool?

Only barrier and building-code compliance, which your local town/village building department enforces under NY Residential Code §R326. The Erie County Department of Health only regulates the pool itself if it is offered for public use — for example, a hotel, apartment-complex, club, school, camp, or rental (Swimply-type) pool.

What pools need an Erie County Health Department permit?

Under NY State Sanitary Code Subpart 6-1, public swimming pools, including those at hotels/motels, apartment complexes, HOAs, clubs, schools, campgrounds, children's camps, and any pool rented to the general public, must have a current ECDOH operating permit and pass engineering plan review.

Can I rent out my backyard pool on Swimply in Erie County?

The Erie County Department of Health has publicly stated that renting a private pool to the general public converts it to a "public swimming pool" under Subpart 6-1 and is illegal without ECDOH permitting, supervision, and inspection. Complaints can be filed at environmental.health@erie.gov or (716) 961-6800.

What does Erie County check during a pool inspection?

Routine ECDOH inspections cover the safety barrier, recirculation and disinfection systems, free-chlorine residual (typically 1.0–5.0 ppm) and pH (7.2–7.8), water clarity, rescue equipment and emergency phone, chemical-storage safety, posted capacity and depth signage, and daily operator logs.