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What is NYC BC § 3109.5?

Quick Answer

This section outlines the safety and accessibility requirements for private swimming pools, referencing Section 3109.3. An exception is noted for certain above-ground pools that meet specific size and depth criteria, which are not required to comply with all provisions. Applies to property owners with private swimming pools.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3109.5 Private swimming pools.

BC § 3109.5

Private swimming pools shall comply with the requirements for safety and accessibility as provided in Section 3109.3 and this section. Exception: An above-ground private swimming pool which has a maximum water depth of 4 feet (1219 mm) and an area not exceeding 500 square feet (46.45 m 2 ) that is accessory to an R-3 occupancy and is privately used for noncommercial purposes shall not be required to comply with Sections 3109.3.1, 3109.3.2, 3109.5.2, 3109.5.3 and 3109.5.4. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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