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Q: Pool Fence Law ( Answered,   1 Comment )
Subject: Pool Fence Law
Category: Miscellaneous
Asked by: nereida-ga
List Price: $5.00
Posted: 21 Aug 2006 12:48 PDT
Expires: 20 Sep 2006 12:48 PDT
Question ID: 758150
By law, do i need a pool fence in middletown new york?
Subject: Re: Pool Fence Law
Answered By: bobbie7-ga on 21 Aug 2006 13:18 PDT

The Property Maintenance Code of New York State requires an approved
barrier around all swimming pools, regardless of their age.

Department of State

According to the Residential Building Code of New York State ,
barriers are required around any pool containing over 2 feet of water.

?Under the Residential Code of New York State, barriers are required
for any structure intended for swimming or recreational bathing that
can contain water over 24 inches (610 mm) deep. Structures regulated
under this code provision include in-ground, and above-ground swimming
pools, including "self-set"pools, and hot tubs and spas.

Outdoor swimming pools must be surrounded by an approved barrier at
least 48 inches (4 feet or 1219 mm) above grade, or, for above ground
pools, must be covered by a barrier mounted on top of the pool
structure. Various types of fences can be approved, depending on the
height of horizontal rails and openings between slats. The Code also
contains provisions related to openings in chain link fences,
including a maximum mesh size of 1.25 inches square.
Access gates to a pool also must be locked with a key, combination or
other child-proof lock sufficient to prevent access through the gate
when the pool is not in use or is unsupervised. Pedestrian access
gates are required to open outward ? away from the pool - and be
self-closing, with a self-latching device.

If a wall of a house or dwelling area serves as part of a pool
barrier, the pool must be equipped with a powered safety cover, or
doors with direct access to the pool through the wall must be equipped
with an alarm that produces an audible warning if the door (and its
screen) are open. The alarm must sound for at least 30 seconds
immediately after the door is open and be able to be heard throughout
the house during normal household activities. Other means of
protection, such as self-closing doors with self-latching devices, may
be acceptable if they provide the same level of protection as a
powered safety cover or door alarm and are approved by a local code
enforcement officer.
If the sides of an above ground pool meet the requirements of a
barrier (48 inches high) and the means of access is a ladder or steps,
then the ladder or steps must be capable of being locked, secured or
removed to prevent access, or they must be surrounded by a barrier.

The Code provisions are enforced by local code enforcement officials,
who determine penalties for non-compliance, which may range from a
warning to a fine. A building permit is required.?

Department of State

I hope the information provided is helpful!

Search terms used: 
pool fence OR barrier 
Middletown, New York

Best regards,
Subject: Re: Pool Fence Law
From: divamoi-ga on 24 Aug 2006 08:16 PDT
Ethically, morally, and socially -- you need a fence around your pool.
A Nike fence. Just do it.

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