It is hereby declared and found that the public interest requires
the regulation of the use and maintenance of all swimming pools. By
this enactment, the Incorporated Village of Lynbrook seeks to remove
the danger of injury or drowning arising from the use of unprotected
swimming pools.
Swimming pools may be installed in the Incorporated Village
of Lynbrook only as accessory to a dwelling for the private use of
the owners or occupants of such dwelling and their families and guests
or as accessory to a nursery school or day camp for children and only
on the conditions provided in this chapter.
[Amended 3-2-1998 by L.L. No. 13-1998]
A "swimming pool" shall, for the purposes of this chapter, be
construed to mean any body of water greater than 22 inches in depth,
installed or maintained in or above the ground outside of any building,
and used or intended to be used solely by the user, tenant or lessee
of the premises upon which the pool is situated and by family or guests
invited to use it without the payment of any fee.
No swimming pool shall be installed or maintained unless:
A. Plans have been filed with and approved by the Building Department
of the Incorporated Village of Lynbrook and a building permit has
been issued therefor.
B. The drainage of such pool is adequate and will not interfere with
the public water supply system, the existing sanitary facilities or
the public highways.
C. Such pool is installed in the rear yard of the premises.
D. Such pool shall not be erected closer than four feet from the rear
and side property lines of the premises, closer than eight feet from
any dwelling, closer than six feet from any accessory building or,
in the case of a corner lot, closer than 10 feet from any property
line along an abutting street.
E. Such pool does not occupy more than 40% of the rear yard area, excluding
all garages or other accessory structures.
[Amended 9-11-1989 by L.L. No. 3-1989; 3-2-1998 by L.L. No. 13-1998]
A. Outdoor swimming pools shall be provided with an enclosure which
shall comply with the following:
(1) It shall be at least four feet in height and have a maximum vertical
clearance to grade of two inches.
(2) Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed four inches.
(3) Where a chain-link fence is provided, the opening between links shall
not exceed 2 3/8 inches.
(4) The enclosure shall be constructed so as not to provide foot holds.
(5) Pickets and chain-link twists shall extend above the upper horizontal
bar.
(6) Such enclosure shall have railings and posts within the enclosure,
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between posts and at top of posts, respectively.
Enclosure, fence material or fabric shall be capable of withstanding
a concentrated lateral load of 50 pounds applied anywhere between
supports on an area 12 inches square, without failure or permanent
deformation. Gates provided in the enclosure shall be self-closing
and self-latching with the latch handle located within the enclosure
and at least 40 inches above grade.
(7) A wall of a dwelling is permitted to serve as part of the enclosure.
B. The exemptions set forth in the New York State Uniform Fire Prevention
and Building Code § 720.2 are not applicable to outdoor
pools in the village.
In the event an owner shall abandon a permanent outdoor swimming
pool, he shall forthwith fill all voids and depressions and restore
the premises to the same grade and conditions as before the swimming
pool was constructed and shall accordingly notify the Superintendent
of Buildings when said restoration work has been completed.
All electrical systems and appliances installed at or near any
pool shall be properly grounded and comply with the applicable provisions
of the Electrical Code of the Village of Lynbrook.