Bathing Establishment with Pool (Annual & Seasonal)
This permit is required to install, operate or construct any bathing establishment (pool) in New York City, including bathing establishments owned or operated by city agencies, commercial interests or private entities including, but not limited to, public or private schools, corporations, hotels, motels, camps, apartment houses, condominiums, country clubs, gymnasiums and health establishments.
This permit is not required for (1) a pool or sauna and steam rooms within a one or two family dwelling, or a dwelling unit of a multiple dwelling, that is solely for non-commercial use by the occupants, (2) a float tank or relaxation tank used by one person at a time, (3) pools used only for religious purposes (ritual immersion), or (4) spa pools used for prescribed medical therapy or rehabilitation and under medical supervision.
The requirements for both the Annual Bathing Establishment Permit (Type 41) and the Seasonal Bathing Establishment Permit (Type 42) are the same, but they have different expiration dates and renewal fees. The expiration date for the Annual permit is April 30. The Seasonal Bathing establishment permit expires on November 1 of each year. A Renewal Certificate, Form 401 is mailed to the facility upon expiration of the permit and must be renewed to satisfy the regulatory requirements of the New York City Health Code. Please see the Fee section, below, for additional details.
Carefully review all the requirements required to obtain a permit to operate a bathing establishment with a pool.
Bathing Establishment With a Pool Permit Application Instructions
Completed PHE Form 88 - Statement by Filing Engineer
Completed PHE Form 100 - Application for Approval of Plans and Specifications
Completed NYS Form 1309 - Engineering Report for Swimming Pool Plans
Prepare or obtain engineering plans, prepared, signed and stamped by a New York State licensed engineer or architect. Two copies must be submitted with application.
Obtain a Certificate of Occupancy from the DOB showing that specific usage (for a pool or bathing establishment) on the corresponding floor is approved. A Temporary Certificate of Occupancy or Letter of Acceptance from the DOB is acceptable.
Obtain copies of Lifeguards' CPR Certificates for those who will be employed to supervise bathers on the premises.
Proof of successful completion of a Pool Operator's Course approved by the New York City Department of Health and Mental Hygiene.
Swimming Pool Operation Technology Course for Pool Operators
Proof of Worker's Compensation and Disability Insurance, including the name of the insurance carrier, the policy number, and the expiration date must be submitted when you apply for a permit and when you renew. Or, if exempt, a copy of Form CE-200 stamped by the Worker's Compensation Board with the New York State-assigned Exemption Certificate Number. The certificate must list the New York City Department of Health and Mental Hygiene as the Certificate Holder.
Workers' Compensation Insurance and Disability Benefits Insurance
Refer to the Requirements Checklist for basic documentation and other requirements needed to apply for a permit from the Department of Health and Mental Hygiene (DOHMH), some of which depend on the type of business that will be given the permit.
All outstanding fines imposed for Health Code Violations must be paid before you can apply for or renew a permit issued by the NYC Department of Health and Mental Hygiene.
You can review and pay outstanding violations at 66 John St, 10th floor, New York, N.Y. 10038 or by going to nyc.gov/citypay and selecting option #6.
Fines may also be paid in person at the NYC Department of Consumer and Worker Protection (DCWP) Citywide Licensing Center (an appointment is required) or Online.
List of Permit Fees.
- Permit application fee: $1980.00.
- Renewal fee is $245.
List of accepted payment methods.
- Personal Check (made payable to the New York City Department of Health and Mental Hygiene - accepted when paying in person)
- Certified Check (made payable to the New York City Department of Health and Mental Hygiene - accepted when paying in person)
- Check (Company Check made payable to the New York City Department of Health and Mental Hygiene - accepted when payinig in person)
- Government Check (made payable to the New York City Department of Health and Mental Hygiene - accepted when paying in person)
- Money Order (made payable to the New York City Department of Health and Mental Hygiene - accepted when paying in person)
- American Express (Accepted when paying online or in person)
- Discover (Accepted when paying online or in person)
- MasterCard (Accepted when paying online or in person)
- Visa (Accepted when paying online or in person)
The DOHMH is responsible for certifying structural stability and safety of pool related construction activities. The designing architect or engineer is responsible for certifying structural stability and safety of pool during empty and full conditions.
To view Health Codes for this permit, click on www.nyc.gov/healthcode and select Article 165.
Applying for a DOHMH permit does not satisfy regulatory requirements of other City/ State Agencies. It is the business owner's responsibility to apply for all other permits, licenses, and authorizations required by other City and State Agencies. Failure to comply with relevant regulations, including those under the jurisdiction of other Agencies, may result in suspension of DOHMH permits until proof of compliance is provided.
Gather all documents required to apply for this permit and make individual electronic versions of each. You will be prompted to upload them individually.
The following document types can be uploaded: PDF, JPG, GIF, PNG, XLS, XLSX, DOC, DOCX, VSD, and TXT.
Carefully review all the requirements required to obtain a permit to operate a bathing establishment with a pool.
Complete an application for permit form and make copies of all required documentation.
Bathing Establishment With a Pool Permit Application Instructions
Carefully review all the requirements required to obtain a permit to operate a bathing establishment with a pool. Complete an application for permit form and gather all required supporting documentation.
Renewals may be submitted online via the NYC Online Licensing system. Registration is required. You will not be permitted to renew a permit if you have outstanding fines. You can pay fines online before renewing.
To renew online for the first time, you will need the Personal Identification Number (PIN) found on your Renewal Notice for each permit or license you hold. The PIN will allow you to link your existing records to one single online account. You only need to use your PIN to link to each permit or license record once.
If you do not have access to your Renewal Notice, you may obtain your PIN(s) by completing an online PIN Request Form or by calling 311.
You may renew your permit in person at the DCWP Citywide Licensing Center. If you send someone to renew for you, they must present an Authority to Act on your behalf. Appointments are required.
