Hempstead, NY Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence height
- 5 feet
- Gate requirement
- Self-closing, snap-locking
- Fence approval authority
- Town Building Department
- Alternative: pool side height
- 6 feet, with secured ladder
- Maximum penalty
- $250 fine or 15 days
Summary
Skip the locking pool cover in the Town of Hempstead by installing at least five feet of Building Department-approved fencing around the pool, with a gate that self-closes and snap-locks whenever no adult is present.
This subsection shall not apply if adequate and durable fencing which is at least five feet in height and which has been approved by the Building Department of the Town of Hempstead is erected so as to completely enclose the pool itself. Such fencing shall have a gate or entranceway locked at all times when no adult is at the pool. Such gate or entranceway shall be equipped so that it self-closes and snap locks.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Section 134-2 of the Town Code sets three alternative ways to secure a portable swimming pool (one deeper than 18 inches and larger than 99 square feet under Section 134-1) when it is left unattended. The default is a swimming pool cover strong enough to support at least 60 pounds above the waterline, fastened securely enough to block access by infants and children. " A third option skips fencing altogether if the pool's own sides are at least six feet high and entry is only possible by a ladder that is either removable and stored locked away from children when no adult is present, or retractable so its bottom rung sits at least six feet above the ground.
All three options sit inside Section 134-2's broader requirement that the pool be located in the rear yard of the premises. The Building Department, under the Town Board's direction, approves the fencing design and enforces the chapter under Section 134-3.
Violations & Fines
Assembling or maintaining a portable pool without a conforming cover, approved five-foot self-closing fence, or six-foot sides with a secured ladder is a violation of Chapter 134 under Section 134-4, punishable by a fine of up to $250, imprisonment up to 15 days, or both, per offense.
Frequently Asked Questions
How tall does my pool fence need to be in the Town of Hempstead?
Does the pool gate need to lock itself?
Can I avoid fencing if my pool has high sides instead?
Sources & Official References
Other rules in Hempstead
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