Queens County, NY Swimming Pools & Spas: Fencing Requirements (2026)

Queens private pool barriers are governed by NYC Building Code section 3109, which in turn incorporates the ICC International Swimming Pool and Spa Code barrier rules. The barrier must be a minimum of 48 inches high measured from the outside grade. The maximum vertical clearance between the ground and the bottom of the fence is 4 inches on a solid surface or 2 inches where non-solid material such as grass could be compressed. Horizontal openings in the fence must be no more than 1.75 inches where members are more than 45 inches apart, and not more than 4 inches where members are less than 45 inches apart, to prevent child footholds. Gates must open outward away from the pool, be self-closing and self-latching, with the latch located at least 54 inches above the ground, or on the pool side of the gate with a shielded release mechanism. If a wall of the dwelling forms part of the barrier, any door leading to the pool area must be alarmed or the pool itself must be covered with a power safety cover when not in use. Hot tubs and spas are treated as pools if they hold more than 24 inches of water at any point. Enforcement is by DOB inspectors during construction and by complaint-based inspection afterward, with civil penalties for a non-compliant barrier starting at 1,000 dollars.