Residential pool fencing in the Town of Colonie must meet the ICC International Swimming Pool and Spa Code (ISPSC) section 305 as adopted into the NY State Uniform Code at 19 NYCRR Part 1228: a 48-inch minimum barrier, self-closing/self-latching gates opening away from the pool, no climbable horizontal members on the outside, and house-wall openings protected by an alarm or self-closing device.
Colonie applies the NY State Uniform Code's pool-barrier rules to every residential pool 24 inches or deeper, in-ground or above-ground. The barrier requirements track ISPSC section 305: minimum 48-inch height measured on the outside (non-pool) face; maximum 2-inch gap between barrier bottom and grade (4 inches on the pool side if grade is a solid surface); openings small enough that a 4-inch sphere cannot pass; for solid barriers with horizontal members, the horizontal members must be on the pool side or spaced at least 45 inches apart to prevent climbing; chain-link mesh openings no greater than 1.75 inches unless slatted; gates open outward away from the pool and must be self-closing and self-latching with the release at least 54 inches above grade on the inside. Where a wall of the dwelling forms part of the barrier (a common above-ground configuration), every door with direct pool access must be equipped with an audible alarm conforming to UL 2017 (continuously sounding alarm for at least 30 seconds when opened) or a self-closing, self-latching device with the release at least 54 inches above the floor. Above-ground pools may use their structural wall as the barrier if it is at least 48 inches high and steps/ladders are removable, lockable, or surrounded by a compliant barrier. The barrier must be in place and pass inspection before water is added. New York's former pool-alarm statute (GBL section 391-k, requiring an in-water pool alarm) was substantially superseded for new construction by the State Uniform Code's adoption of the ISPSC; older pools still subject to GBL section 391-k may continue to require an in-water alarm.
Pool-barrier violations are Uniform Code violations under Executive Law section 382, with civil fines up to $1,000 per day per violation. The town may issue a stop-use order requiring the pool to be drained until brought into compliance, and the homeowner faces personal civil liability for any drowning under New York premises-liability law.
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