Do you need a fence around your pool in New York? The rules in plain English

Short answer: yes. If you put in a pool in New York that can hold more than 24 inches of water, you need a barrier around it. That includes inground pools, above-ground pools and even some inflatable pools. Here's what the state code asks for, without the legal language. Your town's building department has the final word, and some towns add their own rules on top.

How tall does the barrier have to be?

The New York State Residential Code says the top of the barrier has to be at least 48 inches (4 feet) above the ground, measured on the outside, the side facing away from the pool. The gap under the barrier can't be more than a couple of inches, so a small child can't crawl under it.

What counts as a barrier?

• A fence that completely surrounds the pool
• A wall of the house can be part of the barrier, with extra rules for doors that open onto the pool area
• On an above-ground pool, the pool wall itself can count if it's at least 48 inches high and sturdy (with a lockable or removable ladder)

Gates

Gates in a pool fence need to be self-closing and self-latching, and they should open outward, away from the pool. The latch has to be high enough that small kids can't reach it. A gate that you have to remember to close doesn't meet the rule.

Pool alarms

New York requires an approved pool alarm on residential pools built or substantially changed after December 14, 2006. The alarm detects someone entering the water. If you're building a new pool, plan for one. We include it in our proposals so it isn't a last-minute surprise at inspection.

Can a safety cover replace the fence?

Plan on no. For pools, the state code calls for a barrier; a cover doesn't replace it (hot tubs and spas with a locking safety cover have their own rule). An automatic safety cover is a great extra layer of safety and keeps the pool clean, and some homeowners add one for peace of mind, but plan on a code-compliant barrier either way. Ask your town if you're unsure.

Temporary barriers during construction

While the pool is being built, the site needs a temporary barrier too. On our jobs we put up a temporary fence when the hole is open and keep it up until the permanent fence is in place.

What it means for your budget

Fence costs depend on how much of the yard you enclose and the material: aluminum, vinyl, wood or black chain-link. Enclosing just the pool area costs less than fencing the whole backyard, but many families like a full-yard fence for kids and pets. We price both so you can decide.

Our checklist for every pool

• Confirm which office issues your permit (town, village or city)
• Show the barrier and gates on the permit drawing
• Temporary barrier while the hole is open
• Permanent 4-foot barrier with self-closing, self-latching gates
• Approved pool alarm
• Final inspection before you swim