Brookhaven, NY Swimming Pools & Spas: Pool Permits (2026)

Section 85-891, 'Swimming pools,' last amended by Local Law No. 10-2026 effective May 21, 2026, opens by declaring that no swimming pool or spa shall be constructed, installed, used or maintained in any district except in accordance with the section's provisions. Subsection J is the permit trigger: construction may not commence on any in-ground swimming pool until a building permit has been obtained from the Building Division, and an in-ground swimming pool shall not be used until a certificate of compliance has been obtained from the Building Division.

Before that permit can issue, the pool has to clear the setbacks fixed in Subsection C: no outdoor pool in the primary front yard, none closer than 10 feet to a side or rear lot line, none closer than 15 feet to a secondary front yard lot line, and for a hot tub spa, five feet from side or rear lines, measured from the outer edge of any attached deck for an aboveground pool. Subsection K adds a clearance rule tied to overhead electrical lines: no pool within 10 feet of a point on the ground directly beneath an overhead transmission line, and if the pool sits within 25 feet of such a line, the applicant must submit either a utility clearance inspection or utility correspondence confirming no inspection is required.

Subsection B folds in the New York State Uniform Fire Prevention and Building Code and its supplements, and Subsection E requires any pool deeper than 18 inches, or any hot tub spa, to be maintained under the New York State Sanitary Code and Suffolk County Health Department rules. Public pools face a separate, stricter track under Subsection F, requiring Suffolk County Health Department, Chief Building Inspector and Town Engineer approval of plans certified by a licensed professional engineer before any excavation begins.