In Ground Pool

Filing Instructions

All in ground swimming pool applications shall include the following information:

  1. Building permit application form.
  2. Three photostats of a survey by a licensed land surveyor, showing the plot and all existing buildings.
  3. One photostat of a recent tax bill showing section, block and lot.
  4. Two photostats of a plot plan indicating fence height and location, pool size, shape, location and all remaining dimensions from pool to property lines.
  5. Plumbing applications for vacuum breaker. Must be signed by Master Plumber licensed in the Town of Hempstead.
  6. Two sets of plans with seal and signature of architect or engineer showing depth and size of pool and how constructed.
  7. Two letters from a professional engineer stating that the drainage of the pool on the subject property is adequate, and will not interfere with the public water supply system., with existing sanitary facilities or with the public highways.
  8. Certificate of Workers Compensation and DBL or exemption thereof.
  9. Design Professionals Certificate of Compliance Affadavit signed and sealed by the licensed professional.

Requirements for Swimming Pools

  1. Pool must be located in the rear yard.
  2. A four (4) foot setback or more is required to the property line.
  3. Pool equipment is also required to maintain at least a four (4) foot setback to the property line.
  4. A setback of a minimum of ten (10) feet horizontally is required from all overhead wires.
  5. 50% or more of the overall depth must be built below grade level.
  6. Standing towers, platforms, or freestanding decks are required to be within the four (4) foot setback.
  7. In the case of a corner lot, the pool must be no closer than ten (10) feet from any line along an abutting street.
  8. All pools are required to maintain an enclosure by means of a railing, fencing or in the case of a hot tub, a locked safety cover.
  9. Fencing is required to be a minimum of five (5) and a maximum of six (6) feet, with self-latching and self-closing gates. Fencing is required to adhere to all regulations as stated in the Town Of Hempstead Building Zone Ordinance according to zone.
  10. Fencing in Residence A, AA, A1, A2, B, BB, BA, and C zones may not for further than the rear of their neighbor's house toward the street.
  11. Fencing in a Residence LPRD zone may not go further than the front building line toward the street.
  12. In all Residence zones, fencing when used, as a pool enclosure must be non-climbable, Stockade or PVC fencing shall have all horizontal members facing the pool. Chain link fencing may not have mesh larger than 2.25 square inches or may have privacy slats.
  13. In the case of a dwelling wall used as part of the enclosure, any door opening into the pool area shall be equipped with an alarm with an audible warning, which shall sound continuously for a minimum of thirty (30) second when the door is open.
  15. The New York State Uniform Fire Prevention and Building Code requires that all swimming pools be equipped with an approved pool alarm. (See requirements in Splash Alarms)


The applicant must carefully follow all instructions on the application form and answer every applicable question thereon. Applications that are illegible or that contain erasures or scratched out words, will not be accepted.

No person will be permitted to alter any application except the applicant.

The application is a sworn statement. Anyone knowingly entering false information thereon may be guilty of a criminal offense.

Pool must be in rear yard, not closer than four feet from the side and rear of property lines and must be protected by a non-climbable fence of not less than five feet in height surrounding the pool and accessory equipment only. See New York State Uniform Fire Prevention and Building Code, Appendix G.

Except that in the case of corner lots pools must be four feet from side and rear property lines and not closer than 10 feet from any property line along an abutting street and must be protected by a non-climbable fence of not less than five feet in height surrounding the pool and accessory equipment only.

Any additional letters and affidavits that may be required must be filed in duplicate.

  • ELECTRIC - All electrical work must comply with Article 680 (National Electrical Code) and an approved electrical inspection certificate must be submitted prior to inssuance of Certificate of Completion.
  • PLUMBING - A vacuum breaker on the hose bib, which may be purchased at any hardware store and installed by the property owner, is required.


Page Modified: 03/02/2020 12:54:26