Pool Permit in Town of Hempstead, New York

Frequently asked questions

Do you need a pool permit in Town of Hempstead?

Both in-ground and above ground pools are permitted work in the Town of Hempstead, and the Department of Buildings publishes separate filing instruction sheets for each; the above ground sheet also covers hot tubs and spas, with no published size or depth below which the filing is waived. The pool and its equipment must sit in the rear yard, at least four feet from the rear and side property lines, or at least ten feet from any property line along an abutting street on a corner lot, and at least ten feet horizontally from any overhead electrical service. An enclosure is required: non-climbable fencing a minimum of five feet and a maximum of six feet with self latching and self closing gates, per Chapter 134 of the Town Code, and a hot tub or spa may use a locked safety cover instead. A pool alarm that detects entry into the water is required, and where a dwelling wall forms part of the enclosure any door into the pool area needs an audible alarm sounding for at least thirty seconds. Always confirm with the Town of Hempstead Department of Buildings before starting.

How much does a pool permit cost in Town of Hempstead?

Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. 20-2024 (effective 4-2-2024): $200 for residential work with an estimated cost up to $1,000, then $200 plus $18 for each additional $1,000 or fraction thereof; a pool installed before a permit was issued is charged under 86-11C(2) at $400 plus $36 per additional $1,000. An in-ground pool also needs a plumbing permit for the vacuum breaker, filed by a Town licensed master plumber, at a minimum of $70 residential under 86-11P(1), plus a $100 certificate of approval of plumbing work under 86-11Q. Demolition of a swimming pool is a separate filing. See the official fee schedule for current amounts.

Where do you apply for a pool permit in Town of Hempstead?

You can apply through the Town of Hempstead permit portal or contact the Town of Hempstead Department of Buildings directly. The links are listed on this page.

Can a homeowner pull a pool permit themselves in Town of Hempstead?

Under New York law (Inside New York City: NYC Admin. Code 28-104.1, 28-105.1, 28-105.4, 28-105.5.1, 28-401.3 (definition of "general contractor"). Outside New York City: N.Y. Exec. Law 381(2); 19 NYCRR 1203.3(a)(1).): New York State sets no owner-builder rule at all outside New York City. Executive Law 381(2) puts administration and enforcement in the hands of each local government, and 19 NYCRR 1203.3(a)(1) only requires each authority having jurisdiction to make building permits mandatory for work that must conform to the codes, leaving who may apply to local law. The state licenses no general contractors and imposes no owner-builder affidavit, disclosure form or post-permit sale restriction of the kind Florida uses, so whether a homeowner may pull the permit is a question for the specific city, town, village or county. New York City is the genuine outlier. Administrative Code 28-105.1 makes the work itself unlawful without a written permit, and Administrative Code 28-104.1 bars the department from issuing that permit until it approves the required construction documents, which must be prepared by or under the supervision of a registered design professional, meaning a licensed architect or engineer, as required by the code. A homeowner therefore cannot self-prepare and file the plans for permit-requiring work in New York City even though Administrative Code 28-105.5.1 defines the permit applicant as the person who performs the work or retains a subcontractor, and even though the general contractor registration definition in Administrative Code 28-401.3 expressly excludes an individual who constructs a residential structure of no more than three dwelling units for his or her own occupancy. Note that Administrative Code 28-105.4 exempts minor alterations and ordinary repairs from the permit requirement entirely, so the design professional bottleneck applies only to work that needs a permit in the first place. Confirm how Town of Hempstead applies this before you apply.