Albany, NY Swimming Pools & Spas: Safety Rules (2026)

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" — in-ground, above-ground, or on-ground — 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 1¾ inches. Chain-link barriers are permitted with mesh openings of 1¾ 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.