Pool fencing under Chapter 248 must completely enclose the pool or the yard containing it, with all gates equipped with self-closing and self-latching devices installed on the inside, and locked when the pool is not in active use.
The pool barrier requirements parallel the NYS Uniform Code's residential pool standards (48-inch minimum barrier, no openings exceeding 4 inches, etc.). All gates and doors providing access to the pool must operate so they cannot be left propped open. Pool covers do not substitute for a barrier; the chapter requires the perimeter fence even when a winter or safety cover is in place. Doors from the dwelling that lead directly to the pool area must be alarmed per the NYS Code.
Pool-fence violations can trigger immediate Stop Use orders and Chapter 248 fines up to $1,000 / 15 days per offense under § 1-15. Personal liability for a child's injury is significantly elevated if the fence does not meet code.
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