Neighbor's Fence and My Pool - NY Code Question! Threatening neighbor!

[LordX]

What is the name of your state (only U.S. law)? New York

Hello all - I have a neighbor that isn't the best - wont bore you with details.

Long story short - I have a pool that is surrounded by 4' high chain link fence as per NY state code for my pool. I had the code guy out - and as of right now, my fence is 100% code compliant.

However, my evil neighbor has threatened to build a stockade fence along the side of his property - and give me the 'good side'. Knowing that there are specific codes relating to stockade fences and who has the 'good side' when dealing with pools. (In the picture see the red arrows - this is where he would build the fence).

My current chain link fence runs down the side of my property, so anywhere from 4-8 inches away from the line at any given point. His fence would have to be offset by a minimum of 3 inches for his concrete posts if he were to build a stockade. So this would mean less than a foot of separation between the two fences.

My town code guy thinks that this would put my pool out of compliance - BUT he doesn't seem really confident about numbers and figures (e.g. how far away the fence needs to be etc).

So my question is this: Can my neighbors fence, which is NOT on my property - effect MY code compliance? I am looking to see if there is an answer to this in the NY Codes themselves, as my town (Clay. NY) defers to the state codes for a lot of the little issues - and if I can get pointed in the right direction - it would be great to present the code guy with something in writing!

 

[FlyingRon]

You've got to explain to me why your "code guy" thinks a fence on the neighbor's property is would affect your compliance. It would see that if your local jurisdiction follows the model code it would provide MORE compliance. There would be a great that legally necessary barrier between the outside to your pool area. The purpose of the fence code for pools is not aesthetics, it's to keep children from being killed by your attractive nuisance.

 

[LordX]

Flying Ron - Thanks for your quick response!

I mentioned 'good side' specifically for the code part - but I guess I should have been a little more in depth.

When a wooden stockade fence is made, the wooden planks that form the 'good side' are usually only on one side of the fence, leaving the wooden support arms uncovered on the 'bad side'. These wooden support arms can be climbed. For this reason - if a wooden stockade fence is made around a pool, the 'bad side' must be inside facing the pool, so only the FLAT side faces neighbors properties (cant climb it).

My neighbor has specifically threatened to build a 6 ft stockade fence where the good side would face my pool - and theoretically, a kid could climb the other side, and hop over into my pool - since it would be within a foot of the 4 foot chain link.

I personally think this is preposterous how something he would do could impact my compliance. However, I can't just go to my code guy and say: This is preposterous! - so I am trying to find something... anything......

PS - here is a picture of my current fence which I meant to post earlier.

http://www.aaa-computerrepair.com/zip/poolfence-question.jpg

 

[FarmerJ]

First if a fence that is not on your property can be climbed by someone your argument is that YOU are not responsible for the fence design since its not on your property, what may not matter to some since people are sue happy is that they may try anyway SO do your self a favor and have a boundary survey that shows where your fence is in relation to your lot line and where it is in relation to your pool , then make sure you have copies of the ordinance that addresses fencing requirements for pools and keep it all handy and last make sure your insurance is up to date and enough to cover you well if someone still managed to hurt them self on your property , You may want to speak to a lawyer to learn if you should go on to tell your insurance about this other fence, if your neighbor is not following your towns ords re fence set backs or fencing rules then you should contact your city .

 

[not2cleverRed]

...
When a wooden stockade fence is made, the wooden planks that form the 'good side' are usually only on one side of the fence, leaving the wooden support arms uncovered on the 'bad side'. These wooden support arms can be climbed. For this reason - if a wooden stockade fence is made around a pool, the 'bad side' must be inside facing the pool, so only the FLAT side faces neighbors properties (cant climb it).

My neighbor has specifically threatened to build a 6 ft stockade fence where the good side would face my pool - and theoretically, a kid could climb the other side, and hop over into my pool - since it would be within a foot of the 4 foot chain link.

Chain link fences are pretty easy to climb over too - did it all the time as a kid. Never tried that with a stockade fence - don't fancy impalement.

 

[LordX]

Hah not2clever - you know - the whole time talking and thinking about this issue I thought the exact same thing.

When I was a kid - chain link was the EASIEST to climb fence ever.. and only 4 feet?? What a SILLY code!

But a wood stockade fence that is 6 feet tall? Forget about it!

 

[FlyingRon]

44" is what the model codes typically call for. They're mostly concerned about toddlers and the like moreso than older kids climbing fences. The latch required on the gates is pretty much only toddler proof anyhow, you don't need to climb over if you're over the age of eight you can just work the gate.

Frankly, if the neighbors fence is legal under the other codes and zoning and he's being gracious putting the good face out, I don't see the issue. He's trying to protect his property from the nuisance your pool provides to him.
I'm still waiting for what aspect of the code the "code guy" thinks a taller than required fence on someone else's property does to your installation and just what capacity "code guy" performs legally anyhow.

 

[LordX]

"He's trying to protect his property from the nuisance your pool provides to him." - The neighbor already JUST built a 6 foot chain link fence down the line.

He only recently learned that a stockade fence faced a certain way could possibly circumvent my compliance.

He is threatening to take down the entire fence he JUST made - and make a new fence SPECIFICALLY to hurt my pool compliance. He is using this threat to try and control me. I know this sounds like some kind of bad movie.

Here is part of the NY code that the local code guy may be referencing: "Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. " - He may be interpreting the neighbors fence as something that could be used to 'climb the barriers'.

 

[justalayman]

44" is what the model codes typically call for. They're mostly concerned about toddlers and the like moreso than older kids climbing fences. The latch required on the gates is pretty much only toddler proof anyhow, you don't need to climb over if you're over the age of eight you can just work the gate.

Frankly, if the neighbors fence is legal under the other codes and zoning and he's being gracious putting the good face out, I don't see the issue. He's trying to protect his property from the nuisance your pool provides to him.
I'm still waiting for what aspect of the code the "code guy" thinks a taller than required fence on someone else's property does to your installation and just what capacity "code guy" performs legally anyhow.

The issue is the stockade fence is viewed as a ladder, more or less, when the good side faces the pool. Code guy is suggesting it is close enough to op's fence to be able to allow climbing over op's fence.


The truth or the matter is neighbors fence would be the code violation, not the pool installation, if anything would be out of compliance (which I don't agree it would be) so neighbor cannot be issued a permit to build his fence with good side out if that creates a code violation.

 

[LordX]

"neighbor cannot be issued a permit to build his fence with good side out if that creates a code violation."

This seems to be the consensus that is being reached by the various people I am talking with.

 

[LordX]

I contacted the County Code department, and got this response:

"Your neighbor can not create a condition of which your existing conforming property is made non-conforming, it is the responsibility of the local code official when permits for work is issued that a visit is performed and that the CEO does not issue a permit that will create an unsafe condition or violations. You the home owner have no ability to effect your neighbor or his actions. i.e. your neighbor can not create a condition that makes pre-existing legal property illegal or creates a violation."

So it looks like we were on the exact right path with this thread!

Thanks again!