Every New York swimming pool capable of holding water more than 24 inches deep must be surrounded by a barrier. For one- and two-family homes the NYS Residential Code requires a permanent barrier at least 4 feet (48 inches) high with self-closing, self-latching gates; commercial and multi-family pools regulated by the NYC Health Code must be enclosed by a barrier at least 6 feet high.
Two regimes govern pool fencing in New York City. Pools accessory to detached one- and two-family dwellings are regulated by Section R326 of the 2020 Residential Code of New York State (RCNYS), summarized by the NYS Department of State in Technical Bulletin TB-1014-RCNYS-Rev 1: all existing and proposed pools 'capable of containing water more than 24 inches deep' must be surrounded by a permanent barrier whose top is at least 4 feet (48 inches) high, with no more than a 2-inch gap at grade, and access gates that are self-closing and self-latching with the latch at least 40 inches above grade (RCNYS R326.4 and R326.4.2.7). Commercial, hotel, apartment-house, club and other 'bathing establishment' pools instead fall under NYC Health Code Article 165; Section 165.41(l) requires an enclosure at least 6 feet high (4 feet for wading pools), a maximum 2-inch vertical clearance above grade, and a self-closing gate with a positive self-latching mechanism at least 40 inches above grade. Pools in one- and two-family homes used solely by occupants for non-commercial purposes are exempt from the Article 165 permit but still must meet the RCNYS barrier rules. Local NYC law and the Building Code may impose requirements at least as strict as the state Uniform Code.
A pool without a compliant barrier is a serious safety violation. For residential pools, the local code enforcement official (DOB) may withhold a certificate of compliance, issue violations, and order correction; for permitted commercial pools, DOHMH may order the bathing establishment closed and kept closed until the enclosure complies with Article 165. Civil penalties apply under Administrative Code Title 28 and Health Code Article 3.
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