Brookhaven, NY Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Section 85-891 addresses pool barriers in two places. Subsection G covers the construction phase: during the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Building Division. Subsection H covers the finished pool and applies to every pool and hot tub spa in town, not just in-ground ones: no water shall be put or caused to be put in any swimming pool or any hot tub spa unless a wall, fence or barrier as required by the section shall have first been erected.

Section 85-891 does not itself spell out a fence height or gate-latching specification; instead, Subsection B folds the whole section into the New York State Uniform Fire Prevention and Building Code and its supplements, which is where the specific barrier height, self-closing and self-latching gate hardware, and opening-size standards for pool enclosures are set. The Building Division enforces both the temporary construction fence and the permanent barrier as part of the same building-permit and certificate-of-compliance process required under Subsection J, so an inspector checking a new pool for its certificate of compliance is confirming the barrier is in place, not just that the pool itself was built to the approved plan.

Electrical safety is layered on for aboveground pools and hot tubs: Subsection D requires any electrical device used with an aboveground pool or spa to be equipped with a ground fault interrupter approved by Underwriters' Laboratories, in addition to the barrier requirement.