[HISTORY: Adopted by the Town Board of the Town of Smithtown
as Ch. 37 of the 1964 Code. Amendments noted where applicable.]
[Amended 5-5-2009]
It shall be unlawful to construct, install, enlarge or maintain
any outdoor swimming pool in the Town of Smithtown except in compliance
with the provisions of this chapter and the New York State Uniform
Fire Prevention and Building Code in its entirety.
[Amended 7-22-1969; 5-5-2009]
As used in this chapter, the following terms shall have the
meanings indicated:
A receptacle for water or an artificial pool capable of holding
water to a depth at any point of more than 24 inches deep at any point,
designed or intended for the purpose of immersion or partial immersion
therein and including all appurtenant equipment. The word "pool" shall
be construed to mean in-ground, above-ground and on-ground outdoor
water pools, hot tubs and spas that are installed or constructed indoors
or outdoors.
[Amended 9-16-1969; 5-8-2007]
No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, removal or improvement of any
pool, or cause the same to be done, without first obtaining a separate
permit from the Building Director for each said pool, except that
no building permit shall be required for the performance of ordinary
repairs which are not structural in nature.
Pool walls and floors shall be constructed of any impervious
material which shall provide a tight tank and shall be of sufficient
strength to contain the water therein.
A.
All drawings and plans for the construction, installation, enlargement
or alteration of any pool shall be submitted to the Building Director
for examination and approval as to proper location and construction.
[Amended 5-8-2007]
B.
Plans and drawings shall show lot lines and shall include information
pertinent to the pool, fence construction, water supply system, drainage,
water disposal system and all appurtenances as well as detailed plans
and vertical elevations.
C.
Pools, appurtenances, water supply and drainage systems and fences
shall be constructed in conformity with the approved plans.
All water either overflowing or emptying from the pool shall
be disposed of on the owner's land, and plans submitted shall
show provisions made for such water from flowing on the land of any
adjoining property owner or into any abutting street.
[Amended 9-21-1965; 4-20-1982; 9-24-1985; 5-8-2007; 1-19-2012]
All pools shall be completely and continuously surrounded and
enclosed by a permanent durable wall, barrier or fence in accordance
with the New York State Uniform Fire Prevention and Building Code
requirements.
[Added 7-26-1983; amended 5-5-2009]
During the construction, installation, enlargement or alteration
of any swimming pool, the swimming pool shall be enclosed by a temporary
enclosure in accordance with the New York State Uniform Fire Prevention
and Building Code.
All pools shall comply with the requirements of the Building
Zone Ordinance[1] of the Town of Smithtown relating to accessory buildings,
except that the lot area occupied by such pools shall not be included
in computing the percentage of lot area which may be built upon.
All lights used to illuminate the pool or pool area shall be
shielded so as to prevent their shining upon the property of any adjacent
property owner.
Any person, firm, association or corporation violating any of
the provisions of any ordinances of the Town of Smithtown shall be
guilty of an offense punishable by fine or imprisonment, or both.
However, for the purpose of confirming jurisdiction upon the courts
and judicial officers, such violations shall be deemed to be misdemeanors,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a sum not exceeding $50 for the first such violation and in a sum
not exceeding $100 for any subsequent violation, said penalties to
be recoverable in a civil action in the name of the Town of Smithtown
as damages.
