For the purpose of this chapter, the terms used herein are defined as
follows:
OUTDOOR SWIMMING POOL
B.
COMMERCIAL SWIMMING POOLAn artificial facility for swimming operated for gain or in conjunction with any commercial enterprise and open to the public.
D.
PRIVATE SWIMMING POOLAn artificial facility for swimming which is an accessory use to a residential building. Such pool shall be for the exclusive use of the occupants of the principal residential building and their guests.
E.
PERMANENTLY INSTALLED POOLSOne which is substantially affixed into or onto the ground or not easily dismantled for storage or movement to another site.
F.
OUT-OF-GROUND POOLAn artificial facility for swimming where access is obtained by a ladder not located within the pool or by a deck which is accessed by a ladder.
All outdoor swimming pools are required to meet the following regulations.
A. No permanently installed swimming pool over 24 inches
in depth shall be constructed, installed or enlarged unless a building permit
is issued therefor. The application shall provide the Building Inspector with
a plot plan showing the location of the pool and plans and specifications
in detail to be determined by the Building Inspector. Fees are to be charged
for said permit by the Building Inspector.
B. All pools over 24 inches in depth shall be completely
enclosed by a fence constructed of materials, whether artificial or natural,
which shall be durable enough to prevent the entrance to the pool area by
any persons.
(1) If of wire mesh, fencing is not to have linkage of more
than two inches in diameter and shall be nonclimbable.
(2) Where picket-type fence is provided, horizontal openings
between pickets shall not exceed four inches.
(3) All fencing shall be at least four feet in height and
have a maximum vertical clearance to grade of two inches and shall be constructed
so as not to provide footholds and shall extend above the horizontal bar.
(4) Enclosures 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. Material or fabric
shall be capable of withstanding a concentrated load of 50 pounds applied
anywhere between supports on an area 12 inches square, without failure or
permanent deformation.
(5) 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. Every gate or other opening in the fence enclosing
such pool shall be kept securely closed and locked at all times when the owner
or occupant of the premises is not present at such pool. During the periods
that swimming pools are not in use and are unattended, the gate in a fence
shall be locked or the pool cover affixed in place or the ladder removed from
a pool which can only be entered by means of a ladder so that no entry into
the pool can be made by any person.
(6) Out-of-ground pools shall have elevated metal or wood
guard rails at a minimum of 2 1/2 feet in height and shall be erected
and maintained around the outside of the pool coping, deck or walkway on top
of said pool. Such elevated metal or wooden guardrails shall satisfy the fence
requirements of this chapter; provided, however, that where the out-of-ground
pool has a deck which abuts or is adjacent to, a dwelling and direct access
to the deck is through the exterior wall of the dwelling, the following additional
requirements shall apply:
(a) All windows in the wall shall have a latching device
at least 40 inches above the floor;
(b) A swinging door in the wall shall be self-closing and
self latching;
(c) A sliding door shall have a self-latching device.
(7) The owners of all permanently installed pools shall submit
to the Building Inspector site lighting, if installed or to be installed,
and plumbing plans which shall comply with the Building Code of the Town of
Haverstraw. No lighting may be installed which will throw any light beyond
the property lines of the parcel upon which the pool is located. Drainage
shall be only into an approved storm sewer or watercourse or in a manner which
does not drain onto neighboring property, either over or through the ground.
No pool walls shall be located within 10 feet of an adjoining residentially
zoned lot. All appurtenant structures, installations and equipment, such as
showers, dressing rooms, equipment houses or other buildings and structures
shall comply with all applicable requirements of the Building Code and Zoning Ordinance of the Town of Haverstraw. Private pools shall not be located
within any front yard in any residential district and shall not occupy more
than 40% of the area of the rear yard, excluding all garages or other accessory
structures located in such area.
(8) If water for a pool is supplied from a public water supply
system, the inlet shall be above the overflow level of the pool. If the water
is supplied from a private well, there shall be no cross-connection with the
public water supply system. The pool shall be chemically treated in a manner
sufficient to maintain the bacterial standards established by the provisions
of the State Sanitation Code relating to public swimming pools.
(9) Club swimming pools shall be permitted only as an accessory
structure to a membership club in the zoning district where said club is a
permitted use and subject to the area and yard requirements of that district.
Where commercial pools are a permitted principal use by the Zoning Ordinance, said commercial pools shall comply with the area, yard and other requirements of the Zoning Ordinance for those districts. See §
167-16 for swimming clubs or swimming pools other than private swimming pools.
(10) No loudspeaker device which can be heard beyond the property
lines of the premises on which any swimming pool has been installed may be
operated in connection with such pool.
(11) In addition to the other regulations set forth above,
all pools shall conform to the requirements of the New York State Uniform
Fire Prevention and Building Code.
Sections
150-1 and
150-2 herein shall apply to existing pools, and owners of said pools shall have 60 days to comply with the requirements of these sections.
This chapter does not apply to rubber or plastic pools less than 18
inches in depth which are merely laid on the ground and are generally used
by children.
Any person violating any provision of this chapter shall be punishable,
upon conviction, by a fine of not more than $250 in the instance of a private
pool and $1,000 in all other instances or imprisonment for a period not exceeding
15 days, or both.