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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Swimming pool permit rules in Hempstead, NY, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Regulated pool definition
>18 inches deep, >99 sq ft
Required location
Rear yard of premises
Cover strength requirement
Supports 60 lbs above waterline
Enforcing agency
Town Building Department
Maximum penalty
$250 fine or 15 days

Summary

A backyard pool in the Town of Hempstead only counts as a regulated "portable swimming pool" once it exceeds 18 inches deep and 99 square feet of surface area. Past that size, it must sit in the rear yard and carry a cover or fencing before it can legally hold water.

PORTABLE SWIMMING POOL Shall, for the purpose of this chapter, be construed to mean a body of water greater than 18 inches in depth and having a plane surface area larger than 99 square feet contained in a wholly or partially aboveground, level, artificial or semiartifical, collapsible or noncollapsible outdoor receptacle which is temporarily or permanently erected in whole or in part, and maintained and used or intended to be used, for swimming by adults or children...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Chapter 134, adopted by Local Law No. 4-1965, defines and controls every portable swimming pool in the Town of Hempstead. Section 134-1 draws the regulatory line at a body of water "greater than 18 inches in depth and having a plane surface area larger than 99 square feet," whether aboveground, collapsible, or permanently erected, used by the owner's household and guests without a fee. A pool that meets that definition falls under Section 134-2's requisites for assembly and maintenance: it must be located in the rear yard of the premises, and it must be secured by one of three approved methods when unattended, a locking cover rated to hold at least 60 pounds above the waterline, five-foot fencing with a self-closing, snap-locking gate approved by the Building Department, or six-foot pool sides reached only by a removable or retractable ladder that is locked away or raised when no adult is present.

The Building Department administers and enforces Chapter 134 under the direction of the Town Board per Section 134-3, which is where an owner installing a pool applies for the sign-off referenced in Section 134-2. The chapter's scope is Town-wide outside incorporated villages, consistent with the general jurisdiction split that runs through Hempstead's public-safety chapters, so a pool inside the Village of Hempstead, Freeport, Garden City or another incorporated village is governed by that village's own code, not this chapter.

Violations & Fines

Violating Chapter 134, including assembling or maintaining a portable pool without the required cover, fencing or ladder safeguard, is a violation under Section 134-4 punishable by a fine of up to $250, imprisonment up to 15 days, or both, per offense.

Frequently Asked Questions

What size pool needs to comply with Hempstead's pool code?
Any pool deeper than 18 inches with a surface area larger than 99 square feet counts as a "portable swimming pool" under Section 134-1 and must meet the location and barrier requirements in Section 134-2.
Can I put a portable pool in my front yard in the Town of Hempstead?
No. Section 134-2 requires the pool to be located in the rear yard of the premises; this applies to the unincorporated town outside its villages, which set their own pool rules.
Who enforces the Town of Hempstead's portable pool chapter?
The Building Department of the Town of Hempstead, under the direction of the Town Board, administers and enforces Chapter 134 per Section 134-3, including approving fencing that substitutes for a locking pool cover.

Sources & Official References

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