[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam 7-12-1971
as Ch. 66 of the 1971 Code. Section 149-8 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 10
Fire prevention and building construction — See Ch. 94.
Zoning — See Ch. 180.
[1]
Editor's Note: On 6-15-81, a resolution was adopted regarding
the filling of swimming pools, which read as follows: "Policy Statement: The
Village of Potsdam does not and will not fill swimming pools from fire hydrants.
No equipment may be loaned by the village for the task of filling a pool.
The Fire Department is not authorized to fill pools. This policy is made in
accordance with Article 8 of the New York State Constitution."
No person shall construct, maintain, install or enlarge any swimming
pool in this municipality except in compliance with all the provisions of
this chapter and all other provisions of this Code.
As used in this chapter, the following terms shall have the meanings
indicated:
A receptacle for water or an artificial pool of water having a depth
at any point of more than two feet, intended for the purpose of immersion
or partial immersion of human beings, including all appurtenant equipment.
If the water for any swimming pool is supplied from a private well or
source, there shall be no cross-connection with any public water supply system,
and if the water is supplied from a public water system, the inlet shall be
above the overflow level of the swimming pool. The water in the swimming pool
shall be chemically treated so as to maintain the sanitary quality as established
for public swimming pools by the New York State Sanitary Code and any other
local codes or requirements. All permanent-type swimming pools shall have
an efficiently operating filtering system which shall be maintained in good
working order at all times. All swimming pools shall be maintained in a clean
and sanitary condition, and no such pool shall be allowed to accumulate foul,
stagnant or dirty water. The owner or operator of every swimming pool shall
at all times maintain the same, the area enclosed and the fence and gates
surrounding said pool, as hereinafter described, in a clean, safe and sanitary
condition.
A.Â
All swimming pools shall be completely enclosed by a
woven wire link-type fence of at least 15-gauge metal, a picket, vertical
board or Dubois-type fence or other type fence meeting the same or better
standards as to safety and appearance, which fence shall be not less than
four feet nor more than six feet in height. No fence shall contain any aperture
or opening exceeding four inches in any direction.
B.Â
The fence lines shall not be closer to any lot line than
as specified for principal buildings in the zoning regulations or restrictions
of this Code[1] for side lot lines nor to rear lot lines than as specified for
accessory buildings or not less than 10 feet, whichever is greater.
C.Â
If a fence complying with the provisions of Subsection A herein shall be in existence on the effective date of this chapter and shall run along any property line or on any part thereof or is otherwise suitably located on the premises, it may form a part of the swimming pool fence as heretofore described.
D.Â
All points of entry through said fence to the pool area
shall be equipped with a gate or gates containing self-closing, spring-latching
devices placed at least four feet above ground. All gates shall be kept securely
closed at all times whether or not the swimming pool is occupied and shall
be locked whenever the swimming pool is unattended.
E.Â
Such fence shall completely surround the area of the
swimming pool but shall not be less than three feet from the edge of the swimming
pool.
F.Â
The wall of any building may be used as a part of the
fence if the use of same will not reduce the safety requirements of this chapter.
A.Â
All swimming pools shall be located in the rear of and
behind residences or dwellings and shall be set back at least 60 feet from
the nearest street, road or highway and at least 25 feet from the nearest
property line.
B.Â
No swimming pool shall occupy more than 50% of the open
area of the rear yard of the premises upon which the swimming pool shall be
located, nor shall such swimming pool exceed a height of four feet above ground
level for the overall structure.
C.Â
All swimming pools shall comply with the requirements of Chapter 94, Fire Prevention and Building Construction, and Chapter 180, Zoning, of this Code relating to accessory structures to dwellings, except that the lot area occupied by the swimming pool shall not be included in computing the percentage of lot area which may be built upon.
The use of megaphones, loudspeakers or public address systems are prohibited
in connection with the use of any swimming pool herein regulated, and the
use of any sound-producing or -amplification devices, including human voices,
shall comply with all provisions of this chapter and any other provisions
of this Code.[1]
The construction of a swimming pool and its accessory structure, if any, shall not be commenced until a building permit is obtained as required by Chapter 180, Zoning, of this Code.
