Queens County, NY Fence Regulations: Pool Barriers (2026)

Swimming pool barriers in Queens are regulated under NYC Building Code Section 3109, which adopts International Swimming Pool and Spa Code provisions with NYC modifications, plus the NY State Uniform Fire Prevention and Building Code 19 NYCRR Part 1228. Any pool deeper than 24 inches (including above-ground pools, hot tubs, and spas) must be enclosed by a barrier at least 4 feet tall measured from the exterior side. The barrier must have no openings larger than 4 inches (to prevent child passage), solid or vertical construction (horizontal members spaced at least 45 inches apart to prevent climbing), and self-closing and self-latching gates opening away from the pool, with latches at least 54 inches above the ground. For above-ground pools, ladder access must be removable or retractable when the pool is unattended. In-ground pools require a DOB permit with PE or RA plans, Department of Health approval for the pool itself, and a separate Certificate of Occupancy amendment. Alarms are required on doors leading directly to the pool area from the home. Queens has many single-family homes in Bayside, Whitestone, Howard Beach, Bellerose, and Queens Village with backyard pools that must comply. Fines for non-compliant barriers are severe because pool drownings are a leading cause of preventable child deaths in NYC.