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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Barrier standard
Fence or barrier meeting the Residential Code of New York State
Pool definition
Two feet deep or more, one dimension 10 feet or more
Plans filed with
Building Inspector, before any permit issues
Waiver scope
Board of Appeals can waive size and location only
Corner lot pools
Behind the building line, four feet from any property line
Vacant property pools
Must be properly fenced and secured under § 104-5C(6)

Summary

In the Town of Irondequoit, New York, every swimming pool must be enclosed by a fence or other barrier that meets the Residential Code of New York State. The Board of Appeals can waive a pool's size and location rules after a hearing, but the fencing requirement is not part of that waiver.

(3) Fencing. ... Swimming pools shall be enclosed by a fence or other barrier meeting all applicable requirements of the Residential Code of New York State and shall otherwise comply in all respects with such Residential Code. ... C. Waiver by Board of Appeals. The Board of Appeals may waive the provisions of Subsection B as to size and location of such pool, after a public hearing duly called for such purpose, upon a determination that the neighboring property shall not be adversely affected thereby.

Full Breakdown

Town of Irondequoit Code § 235-71B(3) requires swimming pools to be enclosed by a fence or other barrier meeting all applicable requirements of the Residential Code of New York State, and to otherwise comply in all respects with that Code. The Town does not print its own gate or latch specifications in that clause. The barrier standard is the state Residential Code, so the Building Inspector reviews the enclosure against it when the pool plans are filed.

The Town defines a swimming pool in § 235-4 as any artificial pool of water, in or above the ground, designed to contain water to a depth of two feet or more, with at least one horizontal dimension of 10 feet or more and an open upper side. A pool that meets that definition needs the enclosure. A pool counts as an accessory structure under § 235-71A, and no permit issues until construction plans, plumbing plans, filtering system plans and a location map are filed with the Building Inspector.

The Board of Appeals waiver in subsection C is narrow. After a public hearing, the Board can waive the provisions of Subsection B as to size and location of the pool when neighboring property will not be adversely affected. Subsection C names size and location, so it does not reach the fencing clause.

Related Town rules touch the same enclosure. A pool on a corner lot must sit behind the building line measured from each street and no less than four feet from any property line. Owners of vacant buildings must also keep swimming pools properly fenced and secured under § 104-5C(6), and fence height for the surrounding yard follows § 235-69.

Violations & Fines

A violation of the zoning chapter is an offense under § 235-102: a fine not exceeding $350 or up to six months in jail, or both, for a first offense. A second offense within five years carries $350 to $700 and a third carries $700 to $1,000. Each week of continued violation is separate, and the Building Inspector enforces the chapter.

Frequently Asked Questions

Does my pool need a fence in the Town of Irondequoit?
Yes. Section 235-71B(3) requires swimming pools to be enclosed by a fence or other barrier meeting all applicable requirements of the Residential Code of New York State. A pool is a pool under the Town definition at two feet of depth and one 10-foot dimension.
What are the gate rules?
The Town Code points to the Residential Code of New York State for the barrier and does not print gate hardware specifications in § 235-71B(3). The Building Inspector checks the enclosure against that Residential Code when you file the plans for the pool permit.
Can the Board of Appeals waive the pool fence?
Section 235-71C lets the Board of Appeals waive the provisions of Subsection B only as to the size and location of the pool, after a public hearing and a finding that neighboring property will not be adversely affected. The waiver language does not mention the fencing requirement.
Does a pool at a vacant house still need a fence?
Yes. Under § 104-5C(6), the owner of a vacant building must maintain swimming pools in a clean and sanitary condition, in good repair and properly fenced and secured.

Sources & Official References

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