Above-ground swimming pools in New York must be surrounded by a barrier just like in-ground pools when they can hold water more than 24 inches deep. The pool's own raised structure may serve as part of the barrier if it is at least 4 feet high, but any ladder or steps must be removable, lockable, or otherwise secured against unsupervised access.
Under the NYS Residential Code (Section R326, summarized in DOS Technical Bulletin TB-1014), all existing and proposed swimming pools - including above-ground and on-ground pools - capable of containing water more than 24 inches deep must be surrounded by a barrier at least 4 feet (48 inches) high. For an above-ground pool, where the top of the pool is above grade, the barrier may be at ground level or mounted on top of the pool structure, and the pool structure itself may constitute the barrier if its walls meet the height and opening requirements. Where the pool structure serves as the barrier, any means of access (such as a ladder or steps) must be capable of being secured, locked or removed to prevent access, or must be surrounded by its own barrier, so that the pool cannot be entered when unsupervised. During installation of an outdoor above-ground pool, a temporary barrier at least 48 inches high is required unless the pool structure already constitutes a barrier. Commercial above-ground pools also remain subject to NYC Health Code Article 165.
An above-ground pool without an adequate barrier, or with an unsecured ladder that allows unsupervised access, fails inspection; the local code enforcement official may withhold the certificate of compliance, issue a violation, and order correction. Penalties follow Administrative Code Title 28 for residential pools and Health Code Article 3 for permitted commercial pools.
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