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.
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.
Erie County, NY
Erie County itself does not regulate parking on town/village streets, but the Erie County Department of Parks, Recreation & Forestry enforces parking rules o...
Erie County, NY
Erie County has no breed-specific dog ban, and neither county nor any municipality within it may adopt one. New York Agriculture & Markets Law §107(5) expres...
Erie County, NY
Erie County does not adopt a single county-wide leash ordinance; dog control is set by each town or city under New York Agriculture & Markets Law Article 7. ...
Erie County, NY
Erie County Local Law 2-2025, "The Sky Lantern Prohibition Act," bans the sale, use, release, and dispatch of sky lanterns county-wide. The law was adopted b...
Erie County, NY
Erie County has no separate county-level open-burning ordinance; outdoor burning across all of Erie County is governed by New York State regulation 6 NYCRR P...
Erie County, NY
Erie County regulates trees on county-owned land only — county highway right-of-way and county parks. The Erie County DPW Tree Planting on Highway ROW Policy...
See how Erie County's fencing requirements rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.