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

Town of North Hempstead Code § 70-102 defines a regulated "outdoor pool" as any pool, tank, depression or excavation that holds water deeper than 24 inches or has a plane surface area greater than 100 square feet, so above-ground and portable pools crossing either threshold trigger the full permit process. The pool may only go in as an accessory structure to a residence, or accessory to a licensed nursery school or day camp, and installation first requires approval from the Nassau County Department of Health.

Before the Building Department will grant permission, the owner must file plans meeting Building Department construction requirements and submit a certification from a New York State-licensed professional engineer confirming the pool's drainage is adequate and will not interfere with the public water supply, sanitary facilities, public highways, or adjoining properties. Additional conditions attach to the same permit: the pool must sit in the rear yard, cannot exceed 40% of the rear yard combined with other accessory structures, must meet setback rules, and, if fed from a private well, cannot cross-connect with the public water system.

Pools fed by the public system need a backflow device above the overflow level. The section also requires bacterial treatment consistent with the New York State Sanitary Code and mandates a Building Department-approved cover strong enough to prevent accidental entry whenever the pool holds water and is not in use, plus a securing cover when it is drained.