Retail stores generally do not make the public aware of the potential are safety issues with these
pools as well as the legal requirements under the Uniform Code including the requirement to obtain
a building permit prior to installing such a pool.
There are two main issues: the lack of fencing or barriers and dangerous electrical connections
to the filters. According to the Uniform Code a swimming pool is defined as:
"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 fixed-in-place wading pools."
In a letter from Cheryl A. Fischer, P.E., Assistant Director for Code Interpretation of the State of
New York, the following is noted:
"You have asked our opinion regarding the need for swimming pool fences for small swimming or
wading pools that have wall heights more than 24 inches. The pools you describe have many
variations from metal sidewalls to wider bottoms with inflated edge rings, to a variable number of
inflatable tubes on top of one another. Many are under 24 inches in height, but there are many
which have a wall height of 30 to 36 inches. Many of those have a filtration and/or chlorination
system and some even have an over-the-wall ladder. It is our opinion that these pools are required
to be fenced."
"Swimming pools are regulated because of the incidence of drowning of children under age five
especially when the pool is unattended. The term "contains water over 24 inches deep" means
the pool wall is high enough for the pool to be capable of containing water a depth of more than
24 inches, in a pool which is capable of containing deeper water. There is no provision for a
"temporary" swimming pool in the code. The pools, which have a wall height of over 24 inches,
meet the definition of swimming pool. Therefore, all such pools are required to have swimming
pool enclosures in compliance with RCNYS Appendix G, section 105, barrier requirements."
Some inflatable pools are 48-inches high. Do they require a building permit? Yes. Do they
require a barrier? That is up to the individual inspector to decide. If the side of the pool is not
rigid, sags or potentially creates a foothold you may want to require a barrier. If the top edge of
the pool is easily pressed down below 48-inches you may want to require a barrier.
You have the authority.
Storable swimming pools that are capable of holding
water over 24 inches deep must comply with the NYS
Uniform Fire Prevention and Building Code. These
pools can be purchased from discount stores for
about $100 to $200. They are deep enough for a child
to drown in and often have a filter system that is
incorrectly connected to an electrical source.
Storable/Inflatable Swimming Pools and the Uniform Code
When are permits and barriers required?
Promoting the advancement of public safety in the Central New York region.
