New York Statewide Rule

New York Public Health Law Sets Pool Safety Rules

Heavy RestrictionsApplies statewide across New York (2026)

Public Health Law Article 13-D and Subpart 6-1 of the State Sanitary Code impose uniform safety, water quality, and lifeguard rules for public pools across New York.

Key Facts

Statute: Public Health Law Art. 13-D
Code: 10 NYCRR Subpart 6-1
Drain covers: VGBA compliant
Operator cert.: Required for public pools

Source: PBH Section 1340 - Bathing places; sanitary requirements

Full Breakdown

Article 13-D requires Department of Health permits for public swimming pools and authorizes Subpart 6-1 of the Sanitary Code (10 NYCRR), which sets disinfection, supervision, signage, and Virginia Graeme Baker drain cover standards. Lifeguards, certified pool operators, and emergency communication are mandatory. Residential pools must follow Uniform Code safety provisions. Localities enforce but cannot weaken state minimums.

Violations & Penalties

Operating without DOH approval, missing lifeguards, or failing water tests leads to closure orders, civil fines up to 2,000 dollars per violation, and permit revocation.

Frequently Asked Questions

Are HOA pools considered public pools in New York?

Yes. Pools serving more than one household, including HOA, condo, and apartment pools, are public pools under Article 13-D and require DOH permits and Subpart 6-1 compliance.

Are lifeguards always required?

Most public pools must have certified lifeguards on duty during operating hours, though small facilities may qualify for limited supervision under specific Subpart 6-1 exceptions.

Sources

Public Health Law Art. 13-D

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Full Breakdown

Frequently Asked Questions

Are HOA pools considered public pools in New York?

Yes. Pools serving more than one household, including HOA, condo, and apartment pools, are public pools under Article 13-D and require DOH permits and Subpart 6-1 compliance.

Are lifeguards always required?

Most public pools must have certified lifeguards on duty during operating hours, though small facilities may qualify for limited supervision under specific Subpart 6-1 exceptions.