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What is NYC BC § 3109.6?

Quick Answer

This section mandates that outdoor swimming pools, hot tubs, and spas be surrounded by a temporary barrier during installation or construction. The barrier must remain until a permanent fence or compliant barrier is established. Applies to property owners with outdoor swimming pools and spas under construction.

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

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3109.6 Temporary barriers.

BC § 3109.6

An outdoor swimming pool, including an in-ground, above ground or on-ground pool, hot tub or spa shall be surrounded by a temporary barrier during installation or construction. Such barrier shall remain in place until a permanent fence in compliance with Section 3109.4 is provided for public swimming pools, or a barrier in compliance with Section 3109.5 is provided for residential private pools. Exceptions: 1. Above-ground or on-ground residential swimming pools where the pool structure is the barrier in compliance with Section 3109.

2.Spas or hot tubs with a safety cover which complies with ASTM F 1346, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction is present is permitted.

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