NYC Health Code Article 165 requires permitted pools to be maintained free of sediment, lint, dirt and hair, vacuumed or brushed daily, with enclosures, depth markings and safety signs kept in good repair. New residential pools must also have an approved pool alarm unless they have an ASTM F1346 safety cover.
Section 165.27 of the NYC Health Code sets the operation-and-maintenance standard for bathing-establishment pools: the pool must be kept free from sediment, lint, dirt and hair; the walls and bottom must be vacuumed or brushed daily or as needed when the pool is closed; and walls, floors, ceilings and equipment must be protected from deterioration. Section 165.27(a)(2) requires pool enclosures, fencing and gates to be maintained consistent with Section 165.41(l), and decks must be kept clean, free of puddled water, and free of tripping hazards for a 5-foot walkway around the pool; spa pools must be drained and cleaned at least once every two weeks. For one- and two-family residential pools, the NYS Department of State bulletin (TB-1014) explains that, unless equipped with an automatic safety cover compliant with ASTM F1346, any swimming pool installed, constructed or substantially modified after December 14, 2006 must be equipped with an approved pool alarm meeting ASTM F2208. Water chemistry, disinfectant and water-quality standards for permitted pools are set separately in Sections 165.23 and 165.25.
Failure to maintain a permitted pool, its enclosure, decks or water quality is a Health Code violation; the Department may issue notices of violation, require correction, and order the pool closed until conditions are remedied, with civil penalties adjudicated at OATH. A residential pool lacking the required alarm fails inspection and the local code enforcement official may withhold a certificate of compliance.
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