Get in touch
555-555-5555
mymail@mailservice.com

Swimming Pool Requirements

  1. Building permit shall be required prior to the installation of any pool.
  2. A copy of property survey.
  3. Electrical work must be completed by a Master Electrician licensed by the City of Niagara Falls, New York. (List of electricians available)
  4. All pools inclusive of any decking must be a minimum of 3 from lot lines, garages, and other accessory buildings.
  5. The installation of any pool less than 48″ in height requires a fence. A building permit shall be required for any such fence. Minimum required height is 4? and maximum is 6′ where allowed.
  6. A fence permit must be obtained prior to the issuance of an inground swimming pool permit.
  7. Swimming pool alarms installed as per 1221.3 (ASTM F2208-02).
  8. No swimming pool shall be permitted within any required front or side yard.
  9. A pool clearance letter from National Grid is required.
  10. A stamped Architectural drawing is required for any inground pool permit.

National Grid Requirements

We remind contractors and dealers to consider the proximity of electric conductors when designing swimming pool installations. The National Electric Code. (NEC), local building codes, and National Grid’s (Niagara Mohawk Power) standards require vertical and horizontal clearance distances from electric lines to pool surfaces, decks. and diving board/platforms in the interest of public safety. 


It is strongly recommended that the proposed pool location be marked or staked prior to the pool’s purchase or installation. National Grid will work with you and your prospective customers regarding a location that meets safe clearance distances. The customer should call us at the number listed below at least two (2) weeks before purchase or installation. 

  • National Grid Customer Service Assistance: 1-800-NiAGARA (1-800-642-4272).
  • Request a “Planner Review for Pool Clearance” order. Indicate if the pool will be an “Above Ground” or an “In-Ground” type installation.

A representative will identify if the proposed location meets requirements and issue a letter to the customer as required by municipal inspection officials in some jurisdictions. Should the proposed location not meet the safe distance limitations, National Grid will attempt to identify alternate pool locations or the relocation of electric facilities with an estimate of associated cost to customers.

A site investigation by National Grid representatives prior to purchase or installation of a pool may save a customer significant future expenses -or- discontinuation of electric sen/ice for safety violations. 

SECTION R326

Swimming Pools, Spas, and Hot Tubs

  • [NY] K326.1 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 dwellings regulated under this code, and detached one- and two-family dwellings classified as Group R”3 and constructed under the Building Code of New York State.


  • Exception: Communal pools for the shared use of multiple townhouse units shall be regulated by the Building Code of New York State.


[NY] R326.1.1 Compliance with other sections. Swimming 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 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.


[NY] R326.2 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.


HOT TUB. See “Spa.”


RESIDENTIAL. That which is situated on the premises of dwellings regulated under this code, and detached dwellings classified as R-3 and constructed under the Building Code-of New York State.


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


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.

  • [NY] R326.3 Compliance with other standards.

[NY] R326.3.1 In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSV APSP/ICC 5 (American National Standard for Residential Inground Swimming Pools, 2011).


[NY] R326.3.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in conformance with ANSVAPSP/ICC 4 (American National Standard for Aboveground/Onground
Residential Swimming Pools, 2012).


[NY] R326.3.3 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/APSP/ICC 3 (American National Standard for Permanently Installed Residential Spas and Swim Spas, 2014).


[NY] K326.3.4 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSVAPSP/ICC 6(American National Standard for Residential Portable Spas and Swim Spas, 2013).

[NY] R326.4 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 the dwelling, and persons in other parts of the property not contained within the pool enclosure.


[NY] R326.4.1 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 R326.4.2 is provided.

Exceptions:

  1. Above-ground or on-ground pools where the pool structure constitutes a barrier in compliance with Section R326.4.2.9.
  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.


[NY] R326.4.1.1 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.


[NY] R326.4.1.2 Replacement by a permanent barrier. A temporary barrier shall be replaced by a complying permanent barrier within either of the following periods:

  1. 90 days of the date of issuance of the building permit for the installation or construction of the swimming pool; or
  2. 90 days of the dale of commencement of the installation or construction of the swimming pool

 

[NY] R326.4.1.2.1 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.

[NY] R326.4.2 Permanent barriers. Swimming pools shall be completely enclosed by a permanent banter complying with Sections R326.4.2.1 through R326.4.2.6.


[NY] R326.4.2.1 Barrier height and clearances. The top of the banter shall be no 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 banter 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 R326.4.2.2 and R326.4.2.3.


[NY] R326.4.2.2 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.


[NY] R326.4.2.3 Closely spaced horizontal members. Where the banter 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 not exceed 1/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1/4 inches (44 mm) in width.


[NY] R326.4.2.4 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 1¾ inches (44 mm)
in width.


[NY] R326.4.2.5 Chain link dimensions. Maximum mesh size for chain link fences shall be a 2/4 inch (57 mm) square, unless the fence has vertical slats fastened at the top or the bottom which reduce the openings to not more than 1 ¾ inches (44 inm).

Share by: