SWIMMING POOLS. Chapter 51 SWIMMING POOLS. Local Law No A LOCAL LAW ENTITLED SWIMMING POOLS

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1 SWIMMING POOLS Chapter 51 SWIMMING POOLS Local Law No A LOCAL LAW ENTITLED SWIMMING POOLS Purpose Definitions Permit required; application; approval Appeals upon denial of application; hearing; variances Establishment, construction, maintenance and use Barriers Abandonment Use of village water for filling Enforcement official Effect on existing pools Penalties for offenses Severability When effective. [HISTORY: Adopted Malone Village Board as Local Law No. 4, Amendments noted where applicable. Zoning See Ch Purpose. GENERAL REFERENCES The Board of Trustees of the Village of Malone recognizes that the regulation of the establishment, construction, maintenance and use of swimming pools is a matter of public importance, primarily as it concerns public safety. This local law shall be read and construed with due regard to the foregoing statement of purpose. For this reason the Board of Trustees has determined that the adoption of this local law is in the best interests of the village and its residents. It is not the intent of the Board of Trustees to require pool owners to guarantee the safety of pool users. Rather, it is intended to require certain safeguards which the Board of Trustees believes will minimize the risks involved Definitions. As used in this local law, the following terms shall have the meanings indicated: BARRIER Any of the following mechanisms creating a restraint or obstruction between a swimming pool and any human being or animal seeking to make use thereof. A. FENCE Any enclosure maintained in good condition and constructed of wire mesh of not less than fourteen (14) gauge, chain link wire, woven

2 wood, brick, stone or other similar materials and erected for the purpose of and capable of impeding access to a swimming pool. A fence constituting a barrier shall be so constructed as not to have openings, holes or gaps larger than five (5) inches and shall commence within not more than four (4) inches of the surface of ground. Any fence or hedge constituting a barrier shall be not less than four (4) feet in height, measured from ground or surface level. B. HEDGE Any natural, vegetative growth planted and maintained so as to be capable of impeding access to a swimming pool. C. COVER Any man-made device capable of covering the entire area of a pool, including the area between the surface level of the water and ground level, and which is capable of impeding access to a swimming pool. BUILDING INSPECTOR The Building Inspector of the Village of Malone or any duly appointed deputy. PERMIT A document issued by the Building Inspector in the manner prescribed by this local law and approving the construction, installation, alteration, modification, change, demolition or abandonment of any swimming pool in the village. PERSON Any individual, corporation, association, organization, firm or partnership. PORTABLE POOL Any aboveground type, artificially constructed pool, not stationary or fixed in location, capable of being removed for storage and intended for use primarily by children for swimming, bathing or wading, with a maximum surface area of one hundred (100) square feet and a maximum water depth of eighteen (18) inches. SWIMMING POOL Any man-made receptacle, structure, excavation or depression which is designed or intended for the purpose of immersion or partial immersion of human beings and which is capable of retaining at any point water to a depth of more than eighteen (18) inches and which has a surface area of greater than one hundred (100) square feet. There shall be excluded from the definition of swimming pool any natural brook, river stream, pond or lake and any man-made body of water fed by any natural brook, river, stream or spring, including but not limited to the facilities of the Malone Recreation Commission. SWIMMING POOL Any man-made receptacle, structure, excavation or depression which is designed or intended for the purpose of immersion or partial immersion of human beings and which is capable of retaining at any point water to a depth of more than eighteen (18) inches and which has a surface area of greater than one hundred (100) square feet. There shall be excluded from the definition of swimming pool any natural brook, river, stream, pond or lake and any man-made body of water fed by any natural brook, river, stream or spring, including but not limited to the facilities of the Malone Recreation Commission. VILLAGE - The Village of Malone, New York.

3 ZONING LAW The Zoning Ordinance of the Village of Malone, New York Permit required; application; approval. A. It shall be unlawful for any person to construct, install, alter, modify, change, demolish or abandon a swimming pool within the village without having first applied for and received a permit from the Building Inspector. B. The application for a permit shall be made on forms provided for that purpose by the village. The application shall include and/or be accompanied by: (1) A sketch or plan indicating the design, shape and dimensions of the swimming pool; the distance of the swimming pool from all boundary lines and existing structures; and the type and location of any required barrier. (2) The water volume of the swimming pool in gallons and the depth or depths of the pool. (3) The type of pool construction, that is whether above-ground or in-ground. (4) The type of filtration system. (5) The type of drainage facilities. (6) The source of water supply. (7) The details of any electrical circuitry and devices. (8) The estimated cost. (9) The signature of the applicant or his or her duly authorized agent. (10) Such other information as the village may from time to time reasonably require. (11) The application fee for a permit which shall be fixed from time to time by resolution of the Board of Trustees of the village. C. The Building Inspector shall review the application and issue a permit immediately upon examining the application, verifying compliance with the provisions of this local law and accepting the fee. D. Any swimming pool which shall hold in excess of fifteen thousand (15,000) gallons of water shall first be subject to approval by the Board of Trustees of the village for that purpose only. The application for the permit to construct shall be referred by the Building Inspector to the Board of Trustees of the village. Upon approval by the Board of Trustees of the village, the application shall be returned to the Building Inspector for processing. [Amended by L.L. No. 4, 1985] 1 Editor s Note: See Ch. 66, Zoning.

4 E. It shall be unlawful for any person who owns a swimming pool to allow any person (including the owner) to use any swimming pool within the village, which has been constructed, installed, altered, modified or changed pursuant to a permit granted under this local law without the owner thereof first having notified the Building Inspector who shall inspect the swimming pool and who shall endorse the permit to allow the use of the pool, upon satisfactory proof of its completion in accordance with this local law and in accordance with any other applicable laws, ordinances or regulations Appeals upon denial of application; hearing; variances. A. In the event that the Building Inspector shall deny an application for a permit or shall refuse to endorse a permit for use, the applicant may appeal the denial to and request a hearing before the Zoning Board of Appeals of the village to review the reasons for the denial or to request a waiver of or a variance from any provisions of this local law. B. The request for a hearing shall be made in the same manner as a request for a hearing upon a denial of an application for a building permit or a certificate of occupancy pursuant to Chapter 66 of the Code of the village. The procedure followed by the Zoning Board of Appeals of the village shall be the same as followed for a hearing upon a denial of an application for a building permit or a certificate of occupancy pursuant to Chapter 68 of the Code of the village. C, The request for a hearing shall also set forth in detail either: (1) The reason why the permit should have been granted or endorsed pursuant to the requirements of this local law; or (2) Such circumstances as would make compliance impractical or would deny or deprive the applicant of the reasonable use of his or her land. D. The Zoning Board of Appeals of the village, upon a finding that the permit or endorsement was improperly denied, shall grant the permit and/or direct its endorsement; or upon a showing that the applicant would be deprived of or denied the reasonable use of his or her land, and a finding that the circumstances of the applicant do not require the strict application of this local law, and a determination that the granting of a variance or waver, will not detract from the general purposes of this local law or endanger the security, safety, health and general welfare of the village or its residents, may grant a waiver of or a variance from the requirements of this local law. The Zoning Board of Appeals may attach conditions or limitations to any waiver or variance so granted Establishment, construction, maintenance and use. A. Establishment of swimming pools. (1) All new swimming pools and any facilities in connection therewith shall be located and constructed in conformity with the plans approved by the Building Inspector.

5 (2) All new swimming pools shall comply with the requirements of Chapter 66 of the Code of the village relating to accessory structures and dwellings except that the lot area occupied by said swimming pools shall not be included in computing the percentage of lot area which may be built upon. (3) No new swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-foot radius of any above-ground electrical power wires, cables or lines or over any waterline or sewer line owned by the village. (4) All new swimming pools erected and/or constructed pursuant to this local law shall comply with the same requirements for setback distances as found in Chapter 66 of the Code for the erection of structures in the various zoning districts of the village. (5) Any new structures or devices connected with the installation, maintenance or operation of a swimming pool, including but not limited to concrete or wood patio areas, pumps and filtration enclosures, bathhouses and cabanas shall also comply with the setback requirements of the Zoning Law. B. Construction of swimming pools. (1) Pool walls and floors shall be constructed of an impervious material which shall provide a secure tank and shall be of sufficient strength to contain the water therein without collapse or leakage. (2) All pools shall be constructed in such a manner that all water, either overflowing or emptying from same, shall be disposed of on the owner s land and not upon the lands of the adjoining premises. (3) All electrical circuits connected to any electrical devise, including but not limited to duplex outlets, pumps, in-pool and general lighting filters, shall be protected by ground-fault interrupters of a type accepted by Underwriters Laboratories, Inc. C. Maintenance and use requirements of swimming pools Barriers. (1) Filters, pumps and other mechanical devices used in connection with any pool shall be so located as not to interfere with the comfort, repose, health, peace or safety of the residents of the adjoining premises. (2) All lights used to illuminate a swimming pool, swimming pool area or any outdoor area, whether or not associated with a swimming pool, shall be shielded so as to prevent their shining upon the property of any adjacent property owner and becoming a nuisance or annoyance to residents of the adjoining premises. A. Every swimming pool, the construction of which shall have been commenced after the effective date of this local law, shall be protected by a fence-type barrier.

6 Every other swimming pool, the construction of which shall have been commenced prior to the effective date of this local law shall be protected by a barrier as defined by 51-2 of this local law. A dwelling or accessory building may be used as a part of such fence or other barrier. B. With respect to those pools having less than three-fourths (3/4) of their water content, by volume, below the level of the surrounding ground: (1) Said pools need not be protected by a barrier if their walls or sides, together with any structure attached to the top of the walls or sides, are at least four (4) feet above the level of the ground or surface and no part of the walls or sides of such pool are recessed into the ground or abut a rise in the ground, a sundeck, promenade or other structure from which access to such pool may be had. (2) In all other cases, such pools shall be protected by a barrier, as required in Subsection A of this section, between such points where the pool wall is recessed into or abuts the ground or other structure, unless such ground or structure shall be so contoured or constructed as to not be climbable for a height of four (4) feet above the bottom level of the ground or surface or between such points where access to such pool may be otherwise had. (3) Any stems or ladders used to gain access to any such pool, if not within an area protected by a barrier, shall be removed from such pool, retracted to a height of four (4) feet above ground or otherwise secured so as not to be able to be used for access to the pool when the pool is not in use. C. All gates or doors opening through such fences or hedges to aboveground and inground swimming pools shall be equipped with a safety latch device designed to keep and capable of keeping the gate or door securely closed when not in use Abandonment. If the use of any swimming pool shall be abandoned or permanently discontinued, the owner shall see that any excavated depressions shall be filled in and that no potential hazard exists Use of village water for filling. The Board of Trustees of the village reserves the right to withhold the use of water from the village water supply system for the filling of any swimming pools whenever it deems necessary and advisable for the preservation of the water supply and the water supply system to the village Enforcement official. This local law shall be enforced by the Building Inspector Effect on existing pools. The provisions of this local law shall apply to existing pools as follows:

7 A. The provisions of 51-3 and 51-5A and B shall not apply to existing pools. The provisions of 51-6 shall not be enforced against the owners of existing pools for a period of six (6) months following the effective date of this local law. B. The provisions of 51-4 shall apply to the owners of pools existing at the effective date of this local law with respect to the requirements of Severability. If any clause, sentence, paragraph or section of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which said judgment shall have been rendered When effective. This local law shall take effect immediately upon filing with the Office of the Secretary of State of the State of New York.