Unless the pool is four feet or more above ground, it must be completely surrounded by a fence per Utica Sec. 2-29-584, in conformity with New York State rules, whichever is more restrictive. The NY Residential Code requires a permanent barrier at least 48 inches (4 feet) high.
Utica Zoning Code Sec. 2-29-584(4) requires that, unless the pool is four feet or more above ground, pools shall be completely surrounded by a fence in conformity with all New York State and local rules, whichever is more restrictive. The controlling state standard is the Residential Code of NYS Section R326: the top of the permanent barrier must be at least 4 feet (48 inches) high, the gap between the ground and barrier bottom cannot exceed 2 inches, and openings must not pass a 4-inch sphere. Any pool or spa capable of holding water more than 24 inches deep needs the barrier.
An unfenced or non-compliant pool barrier is a code violation; Utica Codes Enforcement can order corrective work and impose fines, as the barrier protects against drowning.
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