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What is NYC BC § 3109.5.1.9?

Quick Answer

This section outlines requirements for above-ground private swimming pools used as barriers. It mandates that access ladders or steps must be secured, locked, or removed to prevent unauthorized access, or surrounded by a compliant barrier. Applies to property owners with above-ground pools.

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

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3109.5.1.9 Pool structure as barrier.

BC § 3109.5.1.9

Where an above-ground private swimming pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.5.1.1 through 3109.5.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.

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