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

Town Code §258-2B requires all pools holding more than 24 inches of water to be completely enclosed by a fence of artificial or natural material durable enough to prevent entry into the pool area. Wire mesh fencing cannot exceed a two-inch linkage diameter and must be nonclimbable. Every gate needs a closing device with a protective fastening latch and a lock. Fence height must run a minimum of four feet and a maximum of six feet for a private residential pool, and seven feet for club or commercial pools, with fence placement subject to the Building Inspector's approval.

Owners of pools that are not permanently installed may substitute a durable, tight-fitting pool cover for a fence, and an above-ground pool with solid walls at least 48 inches high, measured 36 inches from the pool wall, and no entry except by a removable ladder, is deemed to satisfy the fencing rule on its own. Whenever a pool holding water is unused and unattended, the gate must be locked, the cover must be affixed in place, or the ladder must be removed so no one can enter.

Since 2010 (§258-2J), pools installed, constructed or substantially modified after December 14, 2006 must also carry a UL-classified pool alarm meeting ASTM F2208 that detects entry at any point on the surface and sounds both poolside and elsewhere on the premises; more than one alarm may be required to cover the full surface. Existing pools got only 60 days from notice to bring their fencing into line with §258-2B under §258-3.