[HISTORY: Adopted by the Common Council of the City of Glens Falls 6-4-1969 (Ch. 102A of the 1967 Code). Sections 194-2, 194-4B, 194-8 and 194-12 amended and § 194-6B added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLUB SWIMMING POOL
- An artificial facility for swimming, operated for members and their guests.
- COMMERCIAL SWIMMING POOL
- An artificial facility for swimming, operated for gain or in conjunction with any commercial enterprise and open to the public.
- PERMANENTLY INSTALLED POOL
- One which is affixed into the ground or which rests on top of the ground and which has a wall height or maximum water depth exceeding 18 inches and a surface area exceeding 120 square feet.
- PRIVATE SWIMMING POOL
- An 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.
- SWIMMING POOL
- A body of water in an artificial or semiartificial receptacle located outdoors and having a wall height or maximum water depth, whichever is greater, exceeding 18 inches and with a surface area exceeding 120 square feet.
- WADING POOL
- Any pool having a wall height or maximum water depth, whichever is greater, not exceeding 18 inches, and with a surface area not exceeding 120 square feet.
Swimming pools which will be operated for gain or for which an admittance fee or membership fee will be charged and swimming pools which will be operated for the membership of clubs, lodges and similar organizations shall be permitted only under license of the Common Council of the City of Glens Falls and under such safeguards as the Common Council may require. They will, in addition, be constructed and operated in accordance with the State Uniform Fire Prevention and Building Code of the State of New York and with the Sanitary Code of the State of New York.
Private swimming pools may be installed only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests and only on the conditions provided in this chapter.
No swimming pool shall be installed or maintained out of doors unless:
The owner of a proposed permanently installed pool submits to the Building Inspector a proposed site plan for the installation of such pool prior to construction.
Such pool is installed in the rear yard of the premises and the water surface of such pool shall occupy not more than 40% of the open area of the rear yard not occupied by other accessory buildings and is in compliance with all side and rear yard requirements of the State Uniform Fire Prevention and Building Code and the Zoning Ordinance.
Such pool is completely surrounded by a substantial nonclimbable fence constructed of natural or artificial materials. Such fence shall be not less than four feet in height and not more than six feet in height for a private pool, commercial pool or club pool. Such fence shall be supported with posts firmly embedded at intervals of not more than eight feet. If of wire-mesh construction, this fencing shall not have openings, holes or gaps larger than two inches in diameter and shall be of a gauge not more than 12. A dwelling house or accessory building or structure may be used as part of such enclosure. The owners of aboveground pools whose solid walls prevent entrance to the pools except by an entrance ladder shall be deemed to comply with the fencing requirements of this chapter.
No pool wall or related structure shall be located within eight feet of an adjoining lot line.
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.
Private pools shall not be located within a front yard in any district.
All gates or doors opening through enclosures around the swimming pool shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when the owner or occupant of the premises is not present at the swimming pool, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Such self-latching device shall be placed as high as possible on the gate to ensure its being out of reach of small children.
An open and unobstructed maintenance area of at least three feet in width shall be maintained between the fencing and the side walls of the pool.
No loudspeaker device, public-address system or other sound device which can be heard beyond the lot lines of the premises in which any outdoor swimming pool is situated may be operated in connection with such swimming pool, nor any lighting installed in connection therewith which throws rays beyond lot lines.
No work shall be commenced on the construction or installation of any swimming pool, including any excavation or removal of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the City Building Inspector and a building permit has been issued by the City of Glens Falls Building Inspector.
Any appeal from a decision of the Building Inspector shall be made to the Zoning Board of Appeals.
The plans and specifications shall contain a certification by the installer that if the water for a swimming pool is supplied from a private well, there is no cross-connection with the public water system; that if the water for such pool is supplied from the public water supply, the inlet shall be above the overflow level of the pool; that the drain of such swimming pool is adequate and within the subject premises and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highway; and that the construction meets the minimum requirements of the State Uniform Fire Prevention Building Code.
Every swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the City of Glens Falls Health Department.
Every owner of every swimming pool shall chemically treat the water in a manner sufficient to maintain the bacterial standards established by the provisions of the State of New York Sanitary Code relating to public swimming pools.
The fencing requirements and loudspeaker and lighting restrictions of this chapter shall apply to existing pools within the City of Glens Falls, and the owners of said pools shall have 60 days to comply with these requirements from the effective date of this chapter. In addition, the drains of such existing pools shall be within the subject premises, in accordance with § 194-8 of this chapter, and owners shall comply with this provision within 60 days of the effective date of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the City of Glens Falls may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.