My question involves real estate located in the State of: 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!
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PS - here is the picture that I forgot to post before: http://www.aaa-computerrepair.com/zip/poolfence-question.jpg