Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC BC § 3109.5.1.8?

Quick Answer

This section outlines safety requirements for doors providing access to swimming pools from dwellings. It mandates that such doors be equipped with audible alarms, power safety covers, and specific self-closing and self-latching mechanisms. Applies to building owners of residential properties with swimming pools.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

3109.5.1.8 Dwelling wall as a barrier.

BC § 3109.5.1.8

Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds immediately after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. In dwellings not required to be accessible Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be accessible Type B units, the deactivation switch(es) shall be located at 48 inches (1219 mm) above the threshold of the door.

2.The swimming pool shall be equipped with a power safety cover which complies with ASTM F 1346.

3.The door providing access to the swimming pool from the dwelling shall open inward, away from the swimming pool, and shall be self-closing and have a self-latching device. The release mechanism of the self-latching device shall be located no less than 54 inches (1372 mm) from the bottom of the door. In dwellings required to be accessible Type B units, the release mechanism shall be located at 48 inches (1219 mm) above the threshold of the door.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 3109.5.1.8?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters