[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 8-5-68. Amendments noted where applicable.]
It is the purpose of this chapter to promote
safety in the installation and maintenance of swimming and wading
pools.
As used in this chapter, the following terms
shall have the meanings indicated:
One which consists only of a liner and supporting fence or
wall erected above grade having been designed and intended to be stored
when not in use. All others shall be considered permanent in nature.
A building permit shall be obtained for the
construction of all swimming or wading pools except portable ones.
A.
No person in possession of land within the Village
of Ardsley, either as owner, purchaser under contract, lessee, tenant,
licensee or otherwise, upon which is situated a permanent swimming
or wading pool, shall fail to completely surround such pool with a
fence or wall not less than four feet in height. Such fence shall
have openings, holes or gaps therein no larger than four inches in
width or, if larger than four inches in width, no larger than four
inches in length except for door and gates; provided, however, that
if a picket fence is erected or maintained, the horizontal dimension
shall not exceed four inches; provided, further, that a dwelling house
or accessory building may be used as a part of such enclosure with
the written approval of the Building Inspector if, in his discretion,
they substantially comply with the above requirements for fences or
walls.
B.
All gates or door openings through such enclosure
shall be equipped with a self-closing and self-latching device designed
to keep, and capable of keeping, such door or gate securely closed
at all times when not in actual use; provided, however, that the door
of any dwelling occupied by human beings and forming any part of the
enclosure hereinabove required need not be so equipped.
C.
Fences shall be constructed of weather resistive materials
and shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alteration or deformation of the lawful openings,
holes or gaps.
D.
Permanent pools installed partly or wholly above grade
are not required to have fencing as provided for herein when the pool
sidewall or other surrounding structure is at least three feet above
grade at all points and, in the opinion of the Building Inspector;
forms as effective a barrier as a fence of equivalent height.
E.
Any ladder or steps providing access to an above-the-ground
pool shall be of the removable or the close-off safety lock type.
Such ladders or steps shall be removed when the pool is not in actual
use, or the safety-lock feature making the steps or ladder impassable
shall be utilized.
F.
Fences or walls existing on the effective date of
this chapter having a height of not lees than three feet shall be
exempt front the height requirements of this section.
G.
Permanent or portable pools installed entirely above
grade, designed to permit a maximum water depth of not more than two
feet, shall not require the safeguards set forth in this section.
Upon the written application of the owner, purchaser under contract, lessee, tenant or licensee, the Building Inspector may grant extensions of time for compliance with § 178-4 of this chapter in individual cases, upon a showing of good cause. Such extensions of time shall not exceed 30 days at a time.
Acceptable drainage systems for all permanent
and portable pools shall be self-contained on the premises by means
of dry wells or natural drainage systems or such other method as may
be determined and authorized in writing by the Building Inspector.
[Amended 2-22-2005 by L.L. No. 3-2005]
Permanent swimming or wading pools shall be
deemed accessory buildings or structures and shall conform to the
appropriate requirements of the Zoning Ordinance but shall not be
included in the calculation of floor area for one-family dwellings.[1]
Nothing herein contained shall be deemed a substitute
for the requirements, if any, pertaining to swimming pools as outlined
in the New York State Building Construction Code.
Any adverse ruling or decision of the Building
Inspector may be appealed to the Board of Trustees. Pending the decision
on appeal, the Building Inspector may prescribe such measures as he
deems appropriate to ensure the health, safety and welfare of the
community, including, but not limited to, nonfilling or emptying of
the pool, nonuse of the pool, temporary fencing or safeguards, etc.
Penalty procedures applicable in this chapter shall be as provided for in § 64-27 of the Building Code of the Village of Ardsley.
