The State of New York has strict rules regarding safety measures that homeowners must use if they wish to install or maintain just about any type of swimming pool in their backyard. These rules help ensure that a property owner has done what he or she can to keep the pool from becoming a hazard to other people, especially children who may be curious and fall in but not be able to swim.
Specifically, every swimming pool, which includes things like hot tubs and even wading pools if they are affixed to the ground and can hold more than two feet of water, has to be fenced in and locked. The lock must not be able to be easily opened by a child, and the fence has to be at least four feet high with no more than two inches between the bottom of the fence and the ground.
In other words, the pool or hot tub has to be physically off limits to children. Moreover, newer pools or pools that have recently been remodeled are supposed to be equipped with an alarm that will sound loudly enough to be heard should a child fall in to the water unexpectedly.
Although in theory these laws should get enforced at the time a pool gets built or remodeled, it is quite possible that an owner can either let the safety features fall in to disrepair or, in some cases, may even ignore New York's rules. If an accident occurs as a result, then the owner of the pool may wind up having to pay compensation to the victim or the victim's family.