New York City · Health Code Article 165

In New York City the records leave the building every month.

A pool anywhere else in New York keeps its daily operation records on site for twelve months and shows them when asked. In the five boroughs, Article 165 asks for something different: a copy forwarded to the Department at monthly intervals, and on-site copies kept for six months rather than twelve.

Reviewed 2026-09-06 · NYC Health Code Article 165 (NYC DOHMH, PDF)

← The statewide Subpart 6-1 requirements

New York City operates its own bathing-establishment code through the Department of Health and Mental Hygiene. It is not a lighter version of the state rule — on recordkeeping it is more demanding, because the record has to be produced on a schedule rather than only on request.

§165.39(a)

Record Keeping — pools

A daily operational record and log book must capture a specific list: number of bathers, water added, pump and filter run time, backwash times, quantity of each chemical added, when the bottom and sides were cleaned, and the results of every pH and residual chlorine test. A copy goes to the Department every month, and copies stay at the establishment for six months.

The owner or person in charge of a pool shall maintain daily operational records and log book which shall include the following information: number of bathers; quantity of water added; length of time pumps and filters are in operation; time when each filter is backwashed or cleaned; quantity of each chemical added; time when the bottom and sides of the pool are cleaned; the results of all tests for hydrogen ion and residual chlorine; and other information the Department may require to demonstrate compliance with this Code. A copy of the daily operational records shall be forwarded to the Department at monthly intervals. Copies of the records shall also be kept at the bathing establishment for inspection by the Department for a period of six months from the date of the creation of the record.

New York City Health Code Article 165 (Bathing Establishments) § 165.39(a)

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§165.37

Drowning and Injury or Illness Incident Notification and Reporting

The 24-hour notification is only the first half. A written incident report must also be submitted within seven days and recorded in the log book, naming the supervisory staff or operator, the date, time and type of incident, the cause and extent of injuries, actions taken on site, witness statements, and which lifesaving equipment was used.

All drownings, injuries, or illness in a bathing establishment shall be reported by the owner or operator to the Department within 24 hours of occurrence. […] The written incident report referred to in paragraph (a) above shall be completed and submitted to the department within seven days.

New York City Health Code Article 165 (Bathing Establishments) § 165.37

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§165.01(a)

Applicability

Article 165 reaches well beyond municipal pools. It names schools, hotels, motels, camps, apartment houses, condominiums, country clubs, gymnasia and health establishments explicitly — so a residential building's amenity pool carries the same filing obligation as a city facility.

This Article shall apply to all bathing establishments as defined in §165.03 owned or operated by city agencies, or commercial interests or private entities including, but not limited to, public or private schools, corporations, hotels, motels, camps, apartment houses, condominiums, country clubs, gymnasia and health establishments.

New York City Health Code Article 165 (Bathing Establishments) § 165.01(a)

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§165.23(a)(1)(A)

Water Chemistry and Testing Requirements

The chlorine floor moves with pH rather than sitting at a single number: at or below pH 7.8 a pool holds at least 0.6 mg/l free chlorine, and between pH 7.8 and 8.2 that rises to at least 1.5 mg/l. In use, free chlorine may not exceed 5.0 mg/l nor pH 8.2. Spa pools hold pH 7.2–7.8 with a minimum 1.5 mg/l, and are shocked to 10 mg/l at least weekly.

Where chlorine is used as a disinfectant, and the pool water pH is less than or equal to 7.8, the dosage of chlorine or chlorine compound shall be sufficient to maintain a concentration of at least 0.6 mg/l free chlorine throughout the pool. When pH is between 7.8 and 8.2, a concentration of at least 1.5 mg/l free chlorine residual shall be maintained.

New York City Health Code Article 165 (Bathing Establishments) § 165.23(a)(1)(A)

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Plain-language summary of published regulations, not legal advice. Requirements vary by facility class and are enforced by your county health department — confirm current obligations with your permit-issuing official. Statewide Subpart 6-1

9 FT What it means on deck

Why this changes the paperwork

The log book has a required field list

Bather counts, water added, pump and filter run time, backwash times, chemical quantities, and cleaning times are all named in the code alongside the chemistry. A reading sheet that captures only pH and chlorine is short of what §165.39 asks for.

There is a monthly deadline, not just an inspection

Records are forwarded to the Department at monthly intervals. That turns recordkeeping from something you produce when asked into a recurring obligation with a due date — and a gap becomes visible on a schedule rather than on inspection day.

Six months on site, not twelve

The on-site retention period under §165.39(a) is six months for pools. Spray grounds under §165.39(c) are twelve. Do not carry the state's twelve-month habit over as if it were the city rule, in either direction.

An incident generates two filings

A 24-hour notification, then a written report within seven days containing seven specified elements including witness statements. Reconstructing witness statements six days later is materially harder than capturing them on the day.

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Questions about New York City

Does Aqua Mage file our monthly records with DOHMH automatically?

No. Aqua Mage keeps the daily operational record complete and exportable so the monthly copy is assembled rather than reconstructed, but the submission to the Department is yours to make. We would rather say that plainly than imply an integration that does not exist.

We are a condo board in Manhattan. Does Article 165 really apply to us?

§165.01(a) names condominiums and apartment houses explicitly. The exclusion in §165.01(b) is for a pool inside a one- or two-family dwelling, or inside a single dwelling unit, used only by its occupants — a shared building amenity is not that. Confirm your own status with DOHMH, then see the hotels, condos and HOAs page for how the records get kept.

Our pool is in NYC but we also run pools upstate. Can one account cover both?

Yes. Each pool is a location with its own record, and what differs between them is which requirements you are keeping that record against — not the software. A parks department or association spanning both is one account. See pricing for how multiple facilities are billed.

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