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

Heavy Restrictions

Verified 2 weeks ago|Source: 2020 Residential Code of New York State — Section R326 →

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Erie County rule: Clarence does not have its own ordinance for fencing requirements. The rule below comes from Erie County and applies to Clarence.

Summary

Erie County has no separate county pool-fence ordinance; instead, every town and village in the county enforces the uniform New York State Residential Code §R326, which requires a 48-inch barrier with self-closing, self-latching gates around any residential pool deeper than 24 inches.

Erie County itself does not pass a separate residential pool-fence ordinance. New York is a "uniform code" state: the Residential Code of New York State (RCNYS) is adopted under 19 NYCRR Part 1219 and enforced by each town and village building department within Erie County (Amherst, Cheektowaga, Tonawanda, Hamburg, Orchard Park, Lancaster, Clarence, West Seneca, etc.) as well as the City of Buffalo. Section R326 of the 2020 RCNYS requires that every swimming pool, spa, or hot tub with more than 24 inches (610 mm) of water be enclosed by a barrier at least 48 inches high measured on the outside face. The barrier may have no openings, handholds, or footholds that allow a 4-inch sphere to pass through. Pedestrian access gates must open outward away from the pool, be self-closing with a self-latching device, and be securely locked when the pool is not in use or supervised. Above-ground pools may use the pool wall as part of the barrier if the wall is at least 48 inches above grade and any ladder is removable or enclosed.

Violations & Fines

Local town/village building departments and code enforcement officers within Erie County issue stop-work orders, appearance tickets, and civil penalties for non-conforming barriers. Under NY Executive Law §382, penalties can reach $1,000 per day per violation; failure to obtain a building permit for a pool installation is itself a separate code violation.

Frequently Asked Questions

Does Erie County have its own pool fence law?

No. Erie County does not pass a separate pool-fence ordinance. Pool barriers in every town, village, and city in Erie County are governed by Section R326 of the New York State Residential Code, which is enforced by the local building department where the pool is located.

How tall does my pool fence have to be in Erie County?

At least 48 inches (4 feet) above grade, measured on the outside (non-pool) face of the barrier, per §R326.4.2 of the New York State Residential Code. The barrier must have no climbable openings and no gap larger than 2 inches between the ground and the bottom of the fence.

Do my pool gates need to self-close and self-latch?

Yes. Section R326.4.2 requires pedestrian gates to open outward away from the pool, self-close, and self-latch. The gate must be securely locked whenever the pool is not in use or supervised. If the release mechanism is lower than 54 inches above grade, it must be shielded so it cannot be reached from outside the fence.

Do above-ground pools need a fence in Erie County?

They need an approved barrier. If the pool wall itself is at least 48 inches above grade, the wall can serve as the barrier as long as the ladder is removable, locked, or enclosed by a 48-inch fence with a self-latching gate. Below 48 inches, a separate compliant fence is required.

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

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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