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1 CITY OF ALBANY DEPARTMENT OF BUILDINGS & REGULATORY COMPLIANCE 200 Henry Johnson Boulevard Albany, NY 12210 Phone (518) 434-5165 Fax (518) 434-6015 SWIMMING POOL GUIDE Introduction Swimming pools are the most dangerous of all common residential structures, especially for children. Roughly 250 children drown each year in swimming pools with another 500 suffering permanent brain damage and other injuries related to near-fatal drowning incidents. Homeowners should be chastened by these statistics to ensure their pools are as safe as possible. This begins with following the common-sense New York State safety regulations that apply to swimming pools. This guide is meant to walk you through the process of applying for a swimming pool permit, what regulations apply to swimming pools, and how your swimming pool must be maintained going into the future. What Is a Swimming Pool Under state law, a “swimming pool” is defined as “any structure . . . which is intended for swimming or diving, recreational bathing, or wading which . . . is capable of containing more than 24 inches of water deep at any point.” NYS ICC R326.2. This includes hot tubs, spas, and, importantly, the “temporary” pop-up pools which have become popular in recent years. It does not include “kiddie pools” designed to hold less than 24 inches of water. When a Permit is Needed for a Swimming Pool No pool may be constructed without obtaining a building permit from the Department of Buildings & Regulatory Compliance. If a swimming pool is found to have been constructed without a permit, it will be subject to a stop work order, an unsafe/unfit declaration, and a $300 fine. Applying for a Building Permit for a Pool If your pool will be installed by a contractor or professional pool installer, it should be their responsibility to apply for the required permits. Permit applicants incur worker’s compensation and other professional liability for the work done according to the permits they apply for and regular home owners are usually not in a position to take on this liability. For this reason, we strongly encourage homeowners to research the liability they are taking on when they take out a permit on behalf of contractors doing work on their homes. In addition to the information requested on the relevant forms, the permit applicant will have to provide manufacturer’s specifications for the swimming pool (or hot tub, or spa) being installed or certification from an engineer certifying that the proposed swimming pool will comply with NYS ICC R326.3 and/or R326.4. This certification should include drawings, and diagrams with enough information to allow our Building Inspectors to evaluate whether the pool will be in compliance with code. The code requirements are discussed generally below. ---PAGE BREAK--- 2 In addition to the building permit for the pool, if a barrier is to be installed or there is plumbing work to be done for the pool an additional building or plumbing permit must also be obtained. Where Swimming Pool Regulations Come From Swimming pools are regulated by the NYS Uniform Building Code. When NYS adopted the International Code Council Building Code, it did not adopt that Building Code’s swimming pool regulations. Instead, the NYS Division of Codes issued its own swimming pool regulations in its 2016 Uniform Code Supplement (http://www.dos.ny.gov/dcea/pdf/2016%20DOS_UniformCodeSupplement_03212016.pdf). The information provided here is based off of that supplement. Swimming Pool Barriers The greatest danger swimming pools pose are to small children who use a pool without adult supervision. For this reason, NYS law mandates that pools be made inaccessible to small children. The barrier requirements, which are complicated, can be found at NYS ICC R326.5. What follows does not completely cover all the requirements that apply to the barriers that must be installed around new swimming pools. The information here is only meant to make you aware of what to consider when planning the installation of your swimming pool. Temporary Barriers. While a pool is being constructed, it must be surrounded by a temporary barrier of at least 48 inches in height unless 1) it is an above-ground pool more than 48 inches in height with stairs which can be locked and/or made inaccessible or 2) it is a hot tub with a cover that complies with ASTM F 1346 (check the manufacturer’s specifications to ensure your cover complies). Temporary barriers must be replaced with permanent barriers within 90 days of either the issuance of the permit or the commencement of construction. Permanent Barriers. As with temporary barriers, permanent swimming pool barriers must be at least 48 inches high and allow a maximum of 2 inches clearance between the ground and the bottom of the fence or 4 inches between the bottom of the fence and the top of the pool in the case of fences mounted to the pool structure itself. A permanent barrier cannot have openings which allow for the passage of a 4-inch-diameter sphere or have indentations or protrusions beyond normal construction tolerances or in the area of gate openings. If using a chain link fence as a pool barrier, the mesh size of chain link fence pool barriers cannot be greater than 2.25 inches unless equipped with slats which allow for openings no greater than 1.75 inches. All gates in pool barriers must be self-closing and latching and, if it is a pedestrian access gate, must open away from the pool. The gate latch must be at least 40 inches above grade and within three inches of the top of the fence if the latch is located within 54 inches of the bottom of the gate. There ---PAGE BREAK--- 3 can’t be any opening greater than half an inch within 18 inches of the latch handle. Finally, gates must be securely locked so as to prevent access to the pool through the gate when the swimming pool is unsupervised. If the pool is accessible from the residential dwelling, the pool must be equipped with a powered swimming pool cover that conforms with ASTM F 1346 or the doors that access the pool must have an alarm that is listed in accordance with UL2017 or be self-latching and afford as much protection as the alarm or the cover. Finally, barriers must be situated so as to prohibit permanent structures from being used to climb them. Note that above-ground pools generally comply with the barrier requirements so long as they are greater than 48 inches in height and are accessible by stairs which, when locked and secured, comply with the requirements above. Spa Suction Barriers Pools must be equipped with water circulation systems capable of moving water in the pool. These systems will require suction outlets which have the ability to trap someone, particularly small children, under water. Therefore, there are three major code requirements set out at R326.6 that apply to water circulation systems: 1. All suction outlets must be equipped with a grate that conforms with ANSI/ASME A112.19.8M or is at least 18 by 23 inches; and 2. Separate suction outlets must be at least three feet apart; and 3. Be equipped with an atmospheric vacuum relief system which will automatically cut off suction when a suction outlet becomes clogged. Pool manufacturers will be aware of these requirements and will generally construct their water circulation systems with them in mind, but it is always advisable to be aware of these requirements so that you can check the manufacturer’s specification yourself and to make sure your own systems are safe. Swimming Pool & Spa Alarms All swimming pools or spas installed, constructed, or substantially modified after December 14, 2006 must be equipped with a pool alarm except for pools equipped with a powered safety cover or a hot tub or spa which is equipped with a safety cover which complies with ASTM F1346. The required pool alarm must comply with ASTM F2208 and be capable of detecting entry into the water at any point in the pool and activating when hearing such entry so that the alarm can be heard in the pool and inside the associated dwelling. Even where not required, pool alarms are relatively inexpensive (about $150), easy to install, and save lives. They are strongly recommended where they are not required. ---PAGE BREAK--- 4 Where a Pool May Be Constructed Swimming pools may be constructed in residential zones but count towards maximum lot coverage requirements. If a swimming pool will put you over the maximum lot coverage, a variance will have to be obtained before a permit can be issued for the swimming pool. The City of Albany Zoning Code at § 375-97 also mandates swimming pools may only be erected on the same lot as the principal structure and that swimming pools can only be erected in rear yards, at least 6 feet from the side yard, 10 feet from the rear lot line, and 6 feet from the principal structure. Swimming Pool Maintenance Albany City Code § 231-49 requires that swimming pool water be cleaned and maintained in a sanitary manner.