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

Pool barriers are set by § 300-53.16 of the Town of Union Code, part of the Consolidated Zoning Ordinance of the Town of Union, Village of Johnson City, and Village of Endicott. Section 300-10.4 applies the chapter in the Town of Union outside the Villages of Endicott and Johnson City and inside both villages.

In-ground pools come first. Subsection D says no person, association or corporation shall maintain an in-ground swimming pool without first safeguarding it with a permanent protective fence installed to encompass the entire perimeter of the pool. The fence must be structurally sound, durable and maintained in that condition, with a minimum height of 48 inches. All openings must be built so a two-inch-diameter sphere cannot pass. The entrance gate or gates need a self-latching device and must be kept closed at all times except for ingress and egress to and from the pool area.

Aboveground pools are split by height. Under Subsection C, an aboveground pool whose structure is less than four feet in height must be safeguarded with a permanent protective fence around the entire perimeter. That fence must be at least 48 inches high and of wooden or metal construction, with the same two-inch-sphere opening limit and the same self-latching, kept-closed gate requirement. Subsection C attaches the perimeter fence to pools under four feet, and it does not require one for taller aboveground structures.

Subsection B adds a ladder rule for every aboveground pool with a ladder or steps. Whenever the pool is not attended by a person of suitable age, the steps or ladder must be removed, raised or screened so a person cannot gain access.

The code says self-latching, not self-closing, so the gate standard is a latch that engages on its own plus a duty to keep the gate shut. The general fence rules still apply to the barrier, including the six-foot residential cap and the approved material list in § 300-53.15, and the barrier is part of the pool permit review under § 300-53.16(A). Under the building permit chapter, a fence that is part of a pool enclosure is not exempt from a building permit (§ 86-4(B)(3)).