New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 6 - Swimming Pools, Bathing Beaches And Recreational Aquatic Spray Grounds
Subpart 6-1 - Swimming Pools
Operation, Supervision and Maintenance
Section 6-1.16 - Fencing

(a) All swimming pools shall be enclosed within a fence or other barrier, at least four feet high, which can only be entered by bathers through self-closing and positive self-latching doors or gates. The knob or handle controlling the latch shall be at least 40 inches above grade. The gate or door shall be locked and access to pool prevented when the pool is not supervised.

(b) Swimming pool fences constructed after the effective date of this Subpart [March 30, 1988] shall meet the requirements of the Uniform Code. For existing swimming pool fences, no opening shall exceed four inches.