[HISTORY: Adopted by the Town Board of the Town of Potsdam
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
See "swimming pool."
A fence, wall, building wall or combination thereof which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
An approved temporary fence, permanent fence, the wall of
a permanent structure, any other structure, or any combination thereof
that prevents access to the swimming pool by any person not engaged
in the installation or construction of the swimming pool during its
installation or construction.
See "swimming pool."
See "swimming pool."
That which is situated on the premises of a detached one-
or two-family dwelling or a one-family townhouse not more than three
stories in height.
See "swimming pool."
A nonpermanent structure intended for recreational bathing,
in which all controls, water-heating and water-circulating equipment
are an integral part of the product.
For the purpose of determining compliance with the pool alarm
provisions of this chapter, damage of any origin sustained by a swimming
pool whereby the cost of restoring the swimming pool to its before-damaged
condition would equal or exceed 50% of the market value of the swimming
pool before the damage occurred.
For the purpose of determining compliance with the pool alarm
provisions of this chapter, any repair, alteration, addition or improvement
of a swimming pool, the cost of which equals or exceeds 50% of the
market value of the swimming pool before the improvement or repair
is started. If a swimming pool has sustained substantial damage, any
repairs are considered substantial modification regardless of the
actual repair work performed.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and, fixed-in-place
wading pools.
A swimming pool which is totally contained within a structure
and surrounded on all four sides by the walls of the enclosing structure.
Any swimming pool which is not an indoor pool.
The building permit fee for a swimming pool shall be an amount
set from time to time by resolution of the Town Board.
No building permit for the erection or maintenance of a swimming
pool shall be issued except upon compliance with the following provisions:
A.
Survey. An application shall be accompanied by a survey showing the
exact location of the pool with reference to lot side lines, existing
buildings, water mains, electric lines, gaslines and sewer lines.
The application shall show the manner and method of disposal of wastewater.
B.
Enclosures. All pools will be provided with an enclosure that complies with the applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code), as applicable for the specific parcel, and pursuant to § 263-6 this chapter.
C.
In-ground pools. No building permit for the installation of an in-ground pool shall be issued without these additional safety precautions. A temporary fence, as described in § 263-6A, shall be installed around the perimeter of the pool during construction in any area not covered with a permanent fence.
D.
Lighting. No lighting shall be permitted in, on or about a swimming
pool except such lighting that shall shine into or on the pool and
cast no direct light or reflections onto abutting properties.
E.
Overhead wires. No overhead electric lines shall be maintained within
20 feet of the nearest portion of a pool or appurtenances. All pools
shall be grounded and conform to generally accepted and approved Electrical
Underwriters Laboratory Standards.
F.
Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and the fence erected around the pool. Aboveground pools with attached aboveground platforms and fenced shall be acceptable upon compliance with Subsection B of this section.
G.
Disposal of wastewater. Wastewater shall not be discharged into any
public sanitary sewer of the Town of Potsdam. Wastewater shall be
prevented from flowing over or into the land of any adjoining property
owner or over or into an abutting street.
H.
Commercial sales. Commercial businesses conducted for the sale and
installation of swimming pools and related items shall adhere to all
the requirements as set forth for the residential swimming pools.
No person conducting a business for the sale of swimming pools and
related items shall install or have installed a swimming pool in the
Town of Potsdam without first acquiring a building permit as hereinabove
provided.
I.
Existing pools. Existing pools shall be made to conform to provisions
of this section. Failure to bring existing swimming pools into conformance
with all provisions of this chapter within 120 days after proper notice
by the Zoning Officer or his department shall make the owner or lessee
guilty of a violation and, upon conviction thereof, punishable by
a fine of not more than $250 per week or imprisonment for a term not
exceeding 15 days, or both. Each week's continued violation shall
constitute a separate and additional violation. Such fines shall be
collected as like fines or penalties are by law collected.
J.
Abandonment. Should the owner abandon the pool, he shall arrange
to remove the depression and return the surface of the ground to its
original grade and approximately in the same condition as before the
pool was constructed and the Zoning Officer notified thereof.
A.
Permanently installed spas and hot tubs. Permanently installed spas
and hot tubs shall be designed and constructed in conformance with
ANSI/NSPI-3 (Standard for Permanently Installed Residential Spas,
1999).
B.
Portable spas and hot tubs. Portable spas and hot tubs shall be designed
and constructed in conformance with ANSI/NSPI-6.
Pursuant to Section R326.5 of the Uniform Code, these requirements
shall control the design of barriers for residential swimming pools,
spas and hot tubs. These design controls are intended to provide protection
against potential drowning and near-drowning by restricting access
to swimming pools, spas and hot tubs.
A.
Temporary barriers. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be surrounded by a temporary barrier during installation or construction and shall remain in place until a permanent barrier in compliance with § 263-6B is provided.
(1)
Height. The top of the temporary barrier shall be at least 48 inches
(1,219 mm) above grade measured on the side of the barrier which faces
away from the swimming pool.
(2)
Replacement by a permanent barrier. A temporary barrier shall be
replaced by a complying permanent barrier within either of the following
periods:
B.
Permanent barriers. An outdoor swimming pool, including an in-ground,
aboveground or on-ground pool, hot tub or spa shall be surrounded
by a barrier which shall comply with the following:
(1)
The top of the barrier shall be at least 48 inches (1,219 mm) above
grade measured on the side of the barrier which faces away from the
swimming pool. The maximum vertical clearance between grade and the
bottom of the barrier shall be two inches (51 mm) measured on the
side of the barrier which faces away from the swimming pool. Where
the top of the pool structure is above grade, such as an aboveground
pool, the barrier may be at ground level, such as the pool structure,
or mounted on top of the pool structure. Where the barrier is mounted
on top of the pool structure, the maximum vertical clearance between
the top of the pool structure and the bottom of the barrier shall
be four inches (102 mm).
(2)
Openings in the barrier shall not allow passage of a four-inch-diameter
(102 mm) sphere.
(3)
Solid barriers which do not have openings, such as a masonry or stone
wall, shall not contain indentations or protrusions except for normal
construction tolerances and tooled masonry joints.
(4)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches (1,143 mm), the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches (44 mm) in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts
shall not exceed 1 3/4 inches (44 mm) in width.
(5)
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches (1,143 mm) or more, spacing between vertical members shall
not exceed four inches (102 mm). Where there are decorative cutouts
within vertical members, spacing within the cutouts shall not exceed
1 3/4 inches (44 mm) in width.
(6)
Maximum mesh size for chain-link fences shall be a 2 1/4-inch
(57 mm) square unless the fence has slats fastened at the top or the
bottom which reduce the openings to not more than 1 3/4 inches
(44 mm).
(7)
Where the barrier is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal members shall not
be more than 1 3/4 inches (44 mm).
(8)
Gates shall comply with the requirements of Section R326.5.3, Subsections
1 through 7, and with the following requirement:
(a)
All gates shall be self-closing. In addition, if the gate is
a pedestrian-access gate, the gate shall open outward, away from the
pool.
(b)
All gates shall be self-latching, with the latch handle located
within the enclosure (i.e., on the pool side of the enclosure) and
at least 40 inches (1,016 mm) above grade. In addition, if the latch
handle is located less than 54 inches (1,372 mm) from the bottom of
the gate, the latch handle shall be located at least three inches
(76 mm) below the top of the gate, and neither the gate nor the barrier
shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches
(457 mm) of the latch handle.
(c)
All gates shall be securely locked with a key, combination or
other childproof lock sufficient to prevent access to the swimming
pool through such gate when the swimming pool is not in use or supervised.
(9)
Where a wall of a dwelling serves as part of the barrier, one of
the following conditions shall be met:
(a)
The pool shall be equipped with a powered safety cover in compliance
with ASTM F1346; or
(b)
Doors with direct access to the pool through that wall shall
be equipped with an alarm which produces an audible warning when the
door and/or its screen, if present, are opened. The alarm shall be
listed in accordance with UL 2017. The audible alarm shall activate
within seven seconds and sound continuously for a minimum of 30 seconds
after the door and/or its screen, if present, are opened and be capable
of being heard throughout the house during normal household activities.
The alarm shall automatically reset under all conditions. The alarm
system shall be equipped with a manual means, such as touch pad or
switch, to temporarily deactivate the alarm for a single opening.
Deactivation shall last for not more than 15 seconds. The deactivation
switch(es) shall be located at least 54 inches (1,372 mm) above the
threshold of the door; or
(c)
Other means of protection, such as self-closing doors with self-latching
devices, shall be acceptable so long as the degree of protection afforded
is not less than the protection afforded by Item 9.1 or 9.2 described
above.[1]
[1]
Editor's Note: This refers to § 263-6B(9)(a) and (b); see also IPMC Section 303.3, Subsections 9.1 through 9.3.
D.
Prohibited locations. Barriers shall be located to prohibit permanent
structures, equipment or similar objects from being used to climb
them.
E.
Barrier exceptions. Spas or hot tubs with a safety cover which complies
with ASTM F1346 shall be exempt from the provision of this section.
Suction outlets shall be designed to produce circulation throughout
the pool or spa. Single-outlet systems, such as automatic vacuum cleaner
systems, or multiple suction outlets, whether isolated by valves or
otherwise, shall be protected against use entrapment. Reference Section
R326.6 of the Uniform Code.
A.
Applicability.
(1)
A swimming pool or spa installed, constructed or substantially modified
after December 14, 2006, shall be equipped with an approved pool alarm.
(3)
Pool alarms shall comply with ASTM F2208 (Standard Specification
for Pool Alarms), and shall be installed, used and maintained in accordance
with the manufacturer's instructions and this section.
B.
Multiple alarms.
(1)
A pool alarm must be capable of detecting entry into the water at
any point on the surface of the swimming pool. If necessary to provide
detection capability at every point on the surface of the swimming
pool, more than one pool alarm shall be provided.
Every swimming pool presently constructed or installed or hereinafter
constructed or installed shall be maintained at all times in such
manner as never to constitute a nuisance, hazard or menace to the
public health or safety. The water contained in swimming pools shall,
at all times, be properly chlorinated and the quality maintained so
as to be suitable for human bathing and swimming. At no time shall
the water contained in swimming pools or, if the swimming pools have
been drained, shall rainwater or water from some other source be permitted
to accumulate or pond in the swimming pool such that the water becomes
stagnant and could harbor mosquito larvae or other vector. Any such
hazard that may exist or develop in or in consequence of or in connection
with any swimming pool shall be forthwith abated by the person in
possession, owning or having jurisdiction over such swimming pool
upon receipt of notice from the Town Zoning Enforcement Officer.
A.
No swimming pool shall be abandoned or its use permanently discontinued
unless, if the swimming pool is an in-ground pool, the owner of the
property fills the swimming pool with clean soil and restores the
surface of the ground to its original grade or, if the pool is an
aboveground pool, demolishes the swimming pool, removes the demolition
debris from the property and restores the land on which the swimming
pool was located to its original condition within 30 days of abandoning
or permanently discontinuing use of the swimming pool. In the event
the person in possession, owning or having jurisdiction over a swimming
pool does not abate a swimming pool hazard or hazards within 10 days
of receipt of the notice from the Town Zoning Enforcement Officer
or permits a swimming pool hazard or hazards to recur more than three
times during any one calendar year, the swimming pool shall be deemed
to be abandoned.
B.
In the event the owner of the property on which a swimming pool has
been abandoned or its use permanently discontinued shall fail to fill
such swimming pool with clean soil, if the pool is an in-ground pool;
or to demolish the swimming pool and remove the debris, if the pool
is an aboveground swimming pool within 30 days after receipt of written
notice given by the Zoning Enforcement Officer, the Town may, in addition
to all other available remedies, proceed to fill and/or demolish such
swimming pool, and the expense of so doing shall become a lien against
such property and shall be collected in the same manner as taxes levied
against said property.
Any person, as herein defined, committing an offense against
any provision of this chapter or the rules and regulations issued
pursuant thereto shall be guilty of a violation punishable by a fine
of not more than $250 per week or imprisonment for a term not exceeding
15 days, or both.
