Swimming Pools

All swimming pools that are capable of holding water over 24 inches deep, including inflatable pools, require a building permit and must comply with the NYS Uniform Fire Prevention and Building Code for barriers.

 

*** Please be aware that stores are selling large kiddie pools that hold more than 24" of water and come with a little filtering system that you plug in. These pools also have to meet the same swimming pool laws that larger pools have to meet including obtaining a pool permit, having fencing that is code complaint for pools, and a 3rd party electrical inspection completed prior to use.

 

 

SWIMMING POOL. Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designated to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, aboveground and on-ground pools; indoor pools; hot tubs; spas and wading pools.

 

§3109.1 General. The provisions of this section shall control the design and construction as well as substantial modification of swimming pools, spas and hot tubs installed in or on the lot of buildings regulated under the Building Code of New York State.

 

1. Pools located in or on the lot of detached one- and two-family dwellings classified as Group R-3 and constructed under the Building Code of New York State may be regulated by the Residential Code of

New York State.

 

2. Swimming pools which contain, are designated to contain, or are capable of containing water less than 24 inches (610 mm) deep at any point shall be regulated by Section 3109.1.1.

 

§3109.1.1 Compliance with other codes. Swimming pools, wading pools, spas and hot tubs shall comply with this section and other applicable sections of this code. The requirements of this section and of the other applicable sections of this code shall be in addition to, and not in replacement of or substitution for, the requirements of other applicable federal, state and local laws and regulations, including, but not necessarily limited to:

 

1. The requirements of Subpart 6-1 (Swimming pools) of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), where applicable (DOH 10 NYCRR 6-1).

 

2. The requirements of Section 8003 (Federal swimming pool and spa drain cover standard) of Title 15 of the United States Code (CPSC 15 USC 8003), where applicable.

 

§3109.2 Definitions. For the purpose of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

 

BARRIER, PERMANENT. A fence, the walls of a permanent structure, any other structure or combination thereof which completely surrounds the swimming pool and sufficiently obstructs access to the swimming pool.

 

BARRIER, TEMPORARY. An approved temporary fence, permanent fence, the walls of a permanent structure, any other structure, or any combination thereof that sufficiently prevents access to the swimming pool by any person not engaged in the installation or construction of the swimming pool during its installation or construction.

 

SPA. A portable or nonportable structure intended for recreational or therapeutic bathing, in which all controls, waterheating and water-circulating equipment are an integral part of the product. Spas are shallow in depth and are not designed for swimming or diving.

 

SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the pool alarm provisions of this section, damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its before-damaged condition would equal or exceed 50 percent of the market value of the swimming pool before the damage occurred.

 

SUBSTANTIAL MODIFICATION. For the purpose of determining compliance with the pool alarm provisions of this section, any repair, alteration, addition or improvement of a swimming pool, the cost of which equals or exceeds 50 percent of the market value of the swimming pool before the improvement or repair is started. If a swimming pool has sustained substantial damage, any repairs are considered substantial modification regardless of the actual repair work performed.

 

SUCTION OUTLET. A fitting, fitting assembly, cover/ grate, sump, and related components that provide a localized low-pressure area for the transfer of water from a swimming pool.

 

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.

 

SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.

 

§3109.3 Barriers, application. The provisions of this section shall control the design of barriers for swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drowning and near drowning by sufficiently preventing access to swimming pools, spas and hot tubs by persons outside the property, persons within buildings on the property, and persons in other parts of the property not contained within the pool enclosure.

 

§3109.3.1 Temporary barriers. An outdoor swimming pool shall be surrounded by a temporary barrier during installation or construction that shall remain in place until a permanent barrier in compliance with Section 3109.3.2 is provided.

 

Exceptions:

1. Above-ground or on-ground pools where the pool structure constitutes a barrier in compliance with 

Section 3109.3.2.10.

 

2. Spas or hot tubs with a safety cover which complies with ASTM F1346, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction is present is permitted.

 

§3109.3.1.1 Height. The top of the temporary barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool.

 

§3109.3.1.2 Replacement by a permanent barrier. A temporary barrier shall be replaced by a complying

permanent barrier within either of the following periods.

 

1. Within 90 days of the date of issuance of the building permit for the installation or construction

of the swimming pool.

 

2. Within 90 days of the date of commencement of the installation or construction of the swimming pool.

 

§3109.3.1.3 Replacement extension. Subject to the approval of the building official, the time period for completion of the permanent barrier may be extended for good cause, including, but not limited to, adverse weather conditions delaying construction.

 

§3109.3.2 Permanent barriers. Swimming pools shall be completely enclosed by a permanent barrier complying with Sections 3109.3.2.1 through 3109.3.2.6.

 

§3109.3.2.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier may be at ground level, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the barrier shall comply with Sections 3109.3.2.2 and 3109.3.2.3.

 

§3109.3.2.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

 

§3109.3.2.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width.

 

§3109.3.2.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width.

 

§3109.3.2.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2.25-inch (57 mm) square, unless the fence is provided with vertical slats fastened at the top or the bottom that reduce the openings to not more than 1.75 inches (44 mm).

 

§3109.3.2.6 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not greater than 1.75 inches (44 mm).

 

§3109.3.2.7 Gates. Gates shall comply with the requirements of Sections 3109.3.2.1 through 3109.3.2.6 and with the following requirements:

 

§3109.3.2.7.1 Self-closing and opening configuration. All gates shall be self-closing. In addition, if the gate is a pedestrian access gate, the gate shall open outward, away from the pool.

 

§3109.3.2.7.2 Latching. All gates shall be self-latching, with the latch handle located within the enclosure (i.e., on the pool side of the enclosure) and at least 40 inches (1016 mm) above grade. In addition, if the latch handle is located less than 54 inches (1372 mm) from grade, the latch handle shall be located at least 3 inches (76 mm) below the top of the gate, and neither the gate nor barrier shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the latch handle.

 

§3109.3.2.7.3 Locking. All gates shall be securely locked with a key, combination or other child-proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.

 

§3109.3.2.8 Building wall as a barrier. A wall or walls of a building may serve as part of the barrier, provided that the wall or walls meet the applicable barrier requirements of Sections 3109.3.2.1 through 3109.3.2.6, and one of the following conditions shall be met:

 

1. Doors and windows. All of the following must be met.

 

1.1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017.

 

1.2. Operable windows in the wall or walls used as a barrier shall have a latching device located not less than 48 inches (1219 mm) above the floor. Openings in operable windows shall not allow a 4-inch-diameter (102 mm) sphere to pass through the opening when the window is in its largest opened position.

 

1.3. Where the building is wholly contained within the pool barrier or enclosure, alarms shall be provided at every door with direct access to the pool.

 

2. Other approved means of protection, such as self-closing with self-latching devices, so long as the degree of protection afforded is not less than the protection afforded by Item 1 described above.

 

§3109.3.2.8.1 Alarm deactivation switch location. Where an alarm is provided, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In locations required to be accessible, the deactivation switch shall be located 48 inches (1219 mm) above the threshold of the door.

 

§3109.3.2.8.2 Multiple dwelling wall as a barrier. A wall or walls of a multiple dwelling may serve as part of the barrier, provided there is no direct access from the dwelling to the pool.

 

§3109.3.2.9 Pool structure as a barrier. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, the pool structure shall be capable of withstanding the structural loads imposed and meet the applicable barrier requirements of Sections 3109.3.2.1 through 3109.3.2.8. Where the means of access is a ladder or steps, one of the following conditions shall be met:

 

1. The ladder or steps shall be capable of being secured, locked or removed to prevent access. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 inch-diameter (102 mm) sphere.

 

2. The ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.2.1 through 3109.3.2.8.

 

§3109.3.3 Indoor swimming pools. Walls surrounding indoor swimming pools shall be required to comply with Section 3109.3.2.8.

 

§3109.3.4 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

 

§3109.4 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with the requirements of CPSC 15 USC 8003 and ANSI/APSP/ICC 7, where applicable.

 

§3109.5 Swimming pool and spa alarms, applicability. A swimming pool or spa installed, constructed or substantially modified after December 14, 2006, shall be equipped with an approved pool alarm. Pool alarms shall comply with ASTM F2208 (Standard Specification for Pool Alarms) and shall be installed, used and maintained in accordance with the manufacturer’s instructions and this section.

 

1. A hot tub or spa equipped with a safety cover which complies with ASTM F1346.

 

2. A swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover which complies with ASTM F1346.

 

§3109.5.1 Multiple alarms. A pool alarm must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be provided.

 

§3109.5.2 Alarm activation. Pool alarms shall activate upon detecting entry into the water and shall sound poolside and inside the building where it is monitored.

 

§3109.5.3 Prohibited alarms. The use of personal immersion alarms shall not be construed as compliance with this section.