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What is NYC BC § 3109.5.1.3?

Quick Answer

This section outlines requirements for the spacing and placement of horizontal members in barriers surrounding swimming pools. It specifies that horizontal members must be positioned on the pool side of the fence if spaced closely together and sets limits on the width of vertical members and decorative cutouts. Applies to property owners with swimming pools.

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

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3109.5.1.3 Closely spaced horizontal members.

BC § 3109.5.1.3

Where the barrier 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 be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width.

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