NYC Building Code and Health Code require all swimming pools to have barriers at least 4 feet high with self-closing, self-latching gates. The NYC DOHMH regulates pools under Article 165 of the Health Code. Pool barriers must prevent uncontrolled access by children under 5.
The NYC Building Code (BC 3109) and NYC Health Code Article 165 mandate pool barriers for all swimming pools. Barriers must be at least 48 inches high with no openings larger than 4 inches that would allow a child to pass through. Gates must be self-closing and self-latching with the latch at least 54 inches above grade. For above-ground pools, the pool wall may count as part of the barrier if it meets height requirements, but the access ladder must be removable or have a lockable gate. The NYC DOHMH issues permits for pools and conducts inspections. Residential pools in one- and two-family homes must still comply with barrier requirements under the Building Code. All pools accessible to more than one family require a DOHMH pool permit and lifeguard coverage.
Failure to maintain required pool barrier: DOB violation with fines of $500–$5,000. DOHMH can close a pool for safety violations. Operating a pool without a DOHMH permit: up to $2,000 per violation. Child drowning incidents may result in criminal liability.
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