Albany does not pass a separate residential pool-safety ordinance. New York is a uniform-code state: the Residential Code of New York State (RCNYS) is adopted under 19 NYCRR Part 1219 and enforced inside the City of Albany by the Department of Buildings & Regulatory Compliance. Section R326 of the 2020 RCNYS requires every residential swimming pool, spa, or hot tub with water depth over 24 inches to be enclosed by a barrier at least 48 inches high, with self-closing and self-latching gates that open outward, a latch release at least 54 inches above grade (or shielded if lower), no climbable openings or footholds, and a maximum 2-inch gap between grade and the bottom of the barrier.
Pool safety in the City of Albany is governed by Section R326 of the 2020 Residential Code of New York State, which is adopted statewide under 19 NYCRR Part 1219 and enforced locally by the Albany Department of Buildings & Regulatory Compliance (BRC) for any single- or two-family residential property. R326 applies to every "swimming pool, spa, or hot tub" β in-ground, above-ground, or on-ground β that holds water deeper than 24 inches (610 mm). The barrier must be at least 48 inches high above grade, measured on the outside (non-pool-side) face. The bottom of the barrier may not be more than 2 inches above grade on the non-pool side. Openings in the barrier may not allow passage of a 4-inch sphere; if horizontal members are less than 45 inches apart, the spacing between vertical members may not exceed 1ΒΎ inches. Chain-link barriers are permitted with mesh openings of 1ΒΎ inches or less. Pedestrian access gates must open outward away from the pool, be equipped with self-closing AND self-latching hardware, and be securely locked when the pool is not in use. The gate-latch release must be at least 54 inches above grade; if the release is lower than 54 inches, the release must be on the pool side of the gate and shielded by a solid surface so it cannot be reached from outside. Above-ground pool installations may use the pool wall itself as part of the barrier if the wall is at least 48 inches above adjacent grade on the outside face; in that case the ladder or steps must be removable, lockable, or enclosed by a separate compliant barrier. Where a wall of the dwelling forms part of the barrier, the doors leading to the pool area must be alarmed (or the pool must have a powered safety cover) under the R326 dwelling-wall provisions. A New York State / City of Albany building permit is required before pool installation, and final inspection by BRC must confirm R326 compliance before the pool is filled and used. Note that this row covers private residential pools; commercial, hotel, apartment-complex, club, school, and public swimming pools in Albany are additionally regulated under NY State Sanitary Code Subpart 6-1 (10 NYCRR Subpart 6-1), enforced by the Albany County Department of Health.
Installing or operating a residential pool without R326-compliant barrier, self-closing/self-latching gates, or required dwelling-wall door alarms is a code violation enforceable by the Albany Department of Buildings & Regulatory Compliance. Failure to obtain a building permit is itself a separate violation. Under New York Executive Law Β§382, penalties for Uniform Code violations can reach up to $1,000 per day per violation, plus potential criminal misdemeanor exposure for willful violations. Albany BRC can issue a stop-work order halting pool construction or use, and the pool may not be filled or operated until a passing R326 final inspection is completed. A non-compliant barrier also creates substantial civil liability exposure for the homeowner if a child or third party is injured.
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