City of Saratoga Springs, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saratoga Springs 5-18-1970 as Ch. 108 of the 1970 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Fire prevention and building construction — See Ch. 117.
Parks and recreation areas — See Ch. 155.
Zoning — See Ch. 240.

§ 209-1 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
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
Any pool 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.

§ 209-2 Public swimming pool requirements.

[Amended 4-4-1994 by L.L. No. 1-1994]
Swimming pools which will be operated for gain or for which an admittance fee or membership 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 City of Saratoga Springs and under such safeguards as the City Council may require. They will, in addition, be constructed and operated in accordance with the Uniform Fire Prevention and Building Code of the State of New York and with the Sanitary Code of the State of New York and with the provisions contained in the National Electrical Code.

§ 209-3 Private swimming pools.

[Amended 4-4-1994 by L.L. No. 1-1994]
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, including compliance with the provisions of the State Uniform Fire Prevention and Building Code, the Sanitary Code and the National Electrical Code, as set forth in § 209-2.

§ 209-4 Outdoor swimming pool requirements.

No swimming pool shall be installed or maintained out of doors unless:
A. 
Such pool is installed in the rear yard of the premises and in compliance with all side and rear yard requirements of the State Uniform Fire Prevention and Building Code and the Zoning Ordinance.[1] Any existing pool which is now located within the rear yard is hereby excepted.
[Amended 4-4-1994 by L.L. No. 1-1994]
[1]
Editor's Note: See Ch. 240, Zoning.
B. 
Owners of all proposed permanently installed pools shall submit to the Building Inspector a proposed site plan for installation of such pool prior to construction.
C. 
Such pool shall be 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.
D. 
No pool wall or related structure shall be located within eight feet of an adjoining lot line.
E. 
Where commercial or club pools are installed, said pools shall comply with the area, yard and other requirements of the Zoning Ordinance for those districts.
F. 
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.
G. 
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 it being out of the reach of small children.
H. 
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.

§ 209-5 Loudspeaker and lighting restrictions.

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 shall any lighting be installed in connection therewith which directs rays beyond lot lines.

§ 209-6 Permit subject to approval.

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 Saratoga Springs Building Inspector.

§ 209-7 Appeals.

Any appeal from a decision of the Building Inspector shall be made to the Zoning Board of Appeals.

§ 209-8 Construction specifications and requirements.

[Amended 4-4-1994 by L.L. No. 1-1994]
The plans and specifications shall contain a certificate 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 New York State Uniform Fire Prevention and Building Code.

§ 209-9 Compliance with Sanitary 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 Saratoga Springs Health Department.

§ 209-10 Chemical treatment of water.

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.

§ 209-11 Compliance for existing pools.

The fencing requirements and loudspeaker and lighting restrictions of this chapter shall apply to existing pools within the City of Saratoga Springs, and the owners of said pools shall have 45 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 § 209-8 of this chapter, and owners shall comply with this provision within 45 days of the effective date of this chapter.

§ 209-12 Penalties for offenses.

[Amended 4-4-1994 by L.L. No. 1-1994]
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 the penalties set forth in Chapter 1, General Provisions, Article III, of this Code. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the City of Saratoga Springs may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.