2006 New York Code - Application.

 
    §  27-488  Application.  This section shall apply to the construction,
  alteration and use of all indoor and outdoor pools intended for swimming
  or bathing purposes, except for  pools  that  have  less  than  eighteen
  inches  in  depth  of  water  at every point. Pools above grade having a
  maximum water depth of forty-eight inches above grade and  an  area  not
  exceeding five hundred square feet that are accessory to J-3 occupancies
  and  that  are privately used for noncommercial purposes shall be exempt
  from the provisions of this subchapter  except  that  such  pools  shall
  comply  with  the  requirements  of  section 27-493 of this article. All
  pools not exempt from the provisions of  this  subchapter  shall  comply
  with the applicable provisions of subchapter sixteen of this chapter. No
  building  permit  shall  be required for pools exempted by this section.
  Regardless of any contrary  provision,  any  pool  existing  on  January
  first,   nineteen   hundred   sixty-nine,  which  is  accessory  to  J-3
  occupancies, and that is privately used for noncommercial purposes shall
  be exempt from the provisions of this subchapter except that such  pools
  shall comply with the requirements of section 27-493 of this article.