Southampton Village, NY Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum barrier height
- Four feet, fence or wall
- Maximum opening
- Four inches in any dimension
- Doors and gates
- Self-closing and self-latching devices
- Dwelling door in the enclosure
- Exempt from the self-closing device
- Ponds
- Fenced like pools under § 116-9A(15)
- Maximum fine
- $2,000 (§ 1-17)
Summary
In the Village of Southampton, a pool must be completely enclosed by a fence or wall not less than four feet high with no opening, hole or gap larger than four inches in any dimension, except doors and gates. Doors and gates need self-closing and self-latching devices. A dwelling or accessory building can serve as part of the enclosure.
(b) Such pool is completely enclosed by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. Such doors or gates shall be equipped with self-closing and self-latching devices for keeping the gates or doors securely closed when not in actual use. A dwelling or accessory building may be used as part of the required enclosure. The door of a dwelling which forms a part of the enclosure need not be equipped with a self-closing and self-latching device.
Full Breakdown
The pool fence rule is § 116-9A(10)(b) of the Southampton Village zoning chapter, one of the conditions for installing a pool as an accessory use. The pool has to be completely enclosed by a fence or wall not less than four feet in height. The barrier has to be constructed so as not to have openings, holes or gaps larger than four inches in any dimension, with doors and gates as the only exceptions. Those doors and gates have to be equipped with self-closing and self-latching devices for keeping them securely closed when not in actual use.
A dwelling or accessory building can be used as part of the required enclosure. The door of a dwelling that forms part of the enclosure does not need a self-closing and self-latching device, so that exemption is written for the dwelling door only, and a gate or door elsewhere in the barrier still carries the requirement.
The same subsection sets the siting conditions that sit alongside the fence. An outdoor pool goes in the rear yard or a side yard, a change amended 8-10-2023 by L.L. No. 14-2023, no nearer than 20 feet to any lot line, and a lot cannot contain more than one swimming pool. Section 116-2 defines a swimming pool by a depth of more than 18 inches at any point and a surface area of greater than 100 square feet.
The fence rule reaches beyond pools. Under § 116-9A(15), all man-made bodies of water, including fish ponds and decorative ponds, regardless of size or depth, are deemed structures and must be fenced or enclosed as required for swimming pools. The pool itself needs a building permit from the Building Inspector under § A119-1A, and the Building Department can enter the premises as prescribed in § A119-7 once the applicant consents on the application.
Violations & Fines
A pool without the four-foot enclosure, with a gap larger than four inches, or with a gate lacking a self-closing and self-latching device breaks § 116-9A(10)(b). Under § 116-40A, the owner, agent, contractor, tenant and anyone who assists are each guilty. Section 1-17 sets a fine not exceeding $2,000 or imprisonment not exceeding 15 days, or both, and each day of a continuing violation is a separate offense. Section 116-40C authorizes court action to restrain or abate it.
Frequently Asked Questions
How high does a pool fence have to be in the Village of Southampton?
What do pool gates need?
Can the wall of my house serve as part of the pool barrier?
Does the fence rule apply to fish ponds and decorative ponds?
Sources & Official References
Other rules in Southampton Village
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