Swimming pool permit rules in Erie County, NY β also covering above-ground pools, in-ground pools, and spa installations β set fencing, barrier, alarm, and inspection requirements.
Erie County Department of Health permits and inspects PUBLIC swimming pools under New York State Sanitary Code Subpart 6-1 (10 NYCRR Part 6). This covers pools at hotels, motels, schools, campgrounds, children's camps, membership clubs, and municipal housing complexes. Private backyard residential pools are explicitly excluded from Subpart 6-1.
Erie County does not regulate residential pool construction or fencing β those are governed by the host municipality's building department and by the NYS Residential Code (R326/305.2) statewide. What the county does regulate is PUBLIC pools, through the Division of Environmental Health under New York State Sanitary Code Subpart 6-1 (10 NYCRR Part 6). The Erie County DOH explains that "NYS Sanitary Code Subpart 6-1 requires a rigorous engineering review and permit for public swimming pools, and periodic inspections by the local health department." Public pools include those located at hotels, motels, schools, campgrounds, children's camps, membership clubs, and municipal housing complexes. Operators applying for a permit must submit a Swimming Pool Application to the Division at 503 Kensington Avenue, Buffalo, NY 14214 and comply with engineering, maintenance, hygiene, and supervision standards. The county also warns that renting a private backyard pool to the public (for example through a pool-sharing app) without a Subpart 6-1 permit violates state sanitary code.
Operating a public swimming pool without an Erie County DOH permit, or renting a private backyard pool to the public without one, violates NYS Sanitary Code Subpart 6-1 and carries penalties up to $2,000 per violation under New York Public Health Law. Closure orders may be issued. Complaints to Environmental Health at (716) 961-6800.
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