Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
GENERAL REFERENCES

Building and zoning administration — See Ch. 31.

Building construction — See Ch. 32.

Zoning — See Ch. 85.

§ 75-1
Short title. 

§ 75-2
Definitions. 

§ 75-3
Permits and certificate required. 

§ 75-4
Fees. 

§ 75-5
Building permits: additional requirements. 

§ 75-6
Drawings and plans. 

§ 75-7
Materials of construction. 

§ 75-8
Safeguards during construction. 

§ 75-9
Water disposal and drainage. 

§ 75-10
Health and cleanliness. 

§ 75-11
Fences. 

§ 75-12
Size and location. 

§ 75-13
Proximity to electrical installations. 

§ 75-14
Lights. 

§ 75-15
Noise. 

§ 75-16
Wading pools. 

§ 75-1 Short title.

This chapter shall be known as the "Swimming Pool Law of the Incorporated Village of the Branch."

§ 75-2 Definitions.

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

BUILDING CODE
The New York State Building Construction Code duly adopted by the Incorporated Village of the Branch.
Editor's Note: See Ch. 32, Building Construction.
BUILDING INSPECTOR
The Building Inspector of the Incorporated Village of the Branch.
BUILDING PERMIT
A permit issued by the Building Inspector, in the manner prescribed by this chapter, for the construction, installation, erection, alteration, modification or demolition of or change in any swimming pool in the Village, except a portable swimming pool which is solely aboveground.
POOL MAINTENANCE PERMIT
A permit issued by the Building Inspector, pursuant to this chapter, solely for the maintenance and use of a portable swimming pool in the Village which is solely above ground.
SWIMMING POOL
Any man-made receptacle, structure, excavation or depression which is able to retain water to a depth at any point of more than 18 inches and which has a surface area of greater than 100 square feet and is designed or intended for the purpose of immersion or partial immersion therein of human beings and includes all appurtenant equipment.
[Amended 12-11-1990 by L.L. No. 5-1990]
SWIMMING POOL, ABOVEGROUND
Any swimming pool which is entirely self-supporting and at no point is more than 18 inches below existing or finished grade.
[Added 12-11-1990 by L.L. No. 5-1990]
VILLAGE
The Village of the Branch.
WADING POOL
Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 18 inches.
ZONING LAW
The Zoning Law of the Village of the Branch.
Editor's Note: See Ch. 85, Zoning.

§ 75-3 Permits and certificate required.

[Amended 12-11-1990 by L.L. No. 5-1990]
A. 

It shall be unlawful to construct, erect, install, modify, alter, demolish or change any swimming pool in the Village or to permit any of such acts without first obtaining a building permit and a certificate of occupancy in the manner prescribed by the Zoning Law.

Editor's Note: See Ch. 85, Zoning.
Chapter 31, Building and Zoning Administration, and this chapter, and only then as an accessory structure to a dwelling in a residential district for the private use of the owners or occupants of such dwelling and their families and guests.

B. 

It shall be unlawful to construct, erect or install an aboveground swimming pool without first obtaining a building permit and a certificate of occupancy in the manner prescribed by the Zoning Law

Editor's Note: See Ch. 85, Zoning.
and Chapter 31, and then only as an accessory structure to a dwelling in a residential district for the private use of the owners or occupants of such dwelling and their families and guests.

§ 75-4 Fees.

[Amended 3-12-1985 by L.L. No. 3-1985; 5-8-1990 by L.L. No. 1-1990; 3-9-2004 by L.L. No. 1-2004]
A. 

The fee for the issuance of a building permit, which is hereby deemed required for the construction, erection, installation, modification, alteration, demolition or change of any swimming pool in the Village of the Branch, shall be as determined by the Board of Trustees. which fee shall not be refundable and shall be paid upon the filing of the application for said building permit.

B. 

The fee for the issuance of a certificate of occupancy in connection with a swimming pool, where required by this chapter, shall be as determined by the Board of Trustees.

C. 

The fee for a pool maintenance permit, where required by this chapter, shall be as determined by the Board of Trustees.

§ 75-5 Building permits: additional requirements.

In addition to the requirements and prerequisites for the issuance of a building permit set forth in the Zoning Law

Editor's Note: See Ch. 85, Zoning.
and Ch. 31, Building and Zoning Administration, no building permit shall be issued by the Building Inspector where required by this chapter unless and until:

A. 

There shall be first submitted to said Building Inspector detailed plans and drawings for the swimming pool to be covered by said permit, duly certified by a licensed professional engineer that the swimming pool to be constructed, erected, installed, modified, altered, demolished or changed pursuant to said plans and drawings contains or is to contain adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.

B. 

The Building Inspector shall be satisfied that all of the provisions of the Building Code,

Editor's Note: See Ch. 31, Building and Zoning Administration, and Ch. 32, Building Construction.
the Zoning Law
Editor's Note: See Ch. 85, Zoning.
and this chapter applicable to the proposed construction, erection, installation, modification, alteration, demolition or change of such swimming pool shall be complied with, after a review and approval of said plans and drawings and a personal inspection of the premises in connection with which the building permit is to be issued.

C. 

A written statement shall be submitted to the Building Inspector that the applicant will properly guard and protect a pool under construction, as provided in § 75-8, and until the provisions of § 75-11 have been complied with.

§ 75-6 Drawings and plans.

A. 

All drawings and plans for the construction, erection, installation, modification, alteration, demolition or change of any swimming pool for which a building permit shall be required shall show all lot lines of the property upon which said swimming pool is to be located and all vertical elevations with respect to said swimming pool and its appurtenances, and shall include all information pertinent to said swimming pool, fence construction, water supply systems, drainage systems, water disposal systems and all appurtenances in detail.

B. 

All of the aforesaid swimming pool apparatus, water supply systems, drainage systems, water disposal systems and fences shall be constructed in conformity with the plans as approved by the Building Inspector.

§ 75-7 Materials of construction.

The walls and floors of all swimming pools shall be constructed of any impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein.

§ 75-8 Safeguards during construction.

During the time that a pool is under construction and where a danger to persons exists, and until such time as the provisions of § 75-11 have been complied with, such pool under construction shall be completely enclosed by a substantial fence not less than four feet in height.

§ 75-9 Water disposal and drainage.

All swimming pools shall have an acceptable drainage system or systems self-contained upon the premises and adequate to dispose of the water therein without having the same drain upon adjoining property or upon any street, road or highway. No water shall be permitted to drain or run off into an adjoining property or into any street, road or highway in the Village. If leaching pools are used to dispose of the pool water, the minimum volume of the leaching pool shall be equal to at least 1/10 of the total volume of the swimming pool.

§ 75-10 Health and cleanliness.

If the water for any swimming pool is supplied from a private well, 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 bacterial standards which shall meet the standards established for public swimming pools by the New York State Sanitary Code and/or the Suffolk County Health Department. 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 healthful condition, and no such pool shall be permitted to accumulate foul, stagnant or dirty water. The owner of every swimming pool shall at all times maintain the same and the fence and gates surrounding said pool, as hereinafter prescribed, in a clean, safe and sanitary condition.

§ 75-11 Fences.

All swimming pools shall be completely enclosed around the outside perimeter thereof by a woven wire link-type fence of at least 15 gauge metal, or a picket, vertical board or Dubois-type fence, which fence shall be not less than four feet nor more than six feet in height. No fence shall contain any aperture exceeding four inches in any direction. If a fence of the same material and quality, not less than four feet nor more than six feet in height, shall run along any property line or on any part thereof, it may form part of the swimming pool fence hereinbefore described. All points of entry through said fence to the pool area shall be equipped with a gate containing self-closing, spring-latching devices placed at the top of said gate. 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.

§ 75-12 Size and location.

A. 

All swimming pools shall be located in the rear yard of any premises 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, except that, in any Residence B Zone,

Editor's Note: The zone designations are established by the Zoning Law; for further information, see Ch. 85, Zoning.
every swimming pool shall be set back at least 20 feet from the side lot line and at least 10 feet from any rear lot line and shall be situated as close to the center of the rear yard of said property as possible.
[Amended 2-9-1988 by L.L. No. 2-1988]

B. 

No swimming pool shall occupy more than 40% 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 48 inches above the ground level for the overall structure.

C. 

In any Residential B Zone no swimming pool shall exceed 20 feet in length or width or 20 feet in diameter in the case of a round or curved pool, nor shall the total perimeter of any pool exceed 80 feet.

D. 

All swimming pools shall comply with the requirements of the Building Code

Editor's Note: See Ch. 32, Building Construction.
and all provisions of the Zoning Law
Editor's Note: See Ch. 85, Zoning.
relating to accessory structures to dwellings, except that the lot area occupied by said swimming pools shall not be included in computing the percentage of lot area which may be built upon.

§ 75-13 Proximity to electrical installations.

No swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-foot radius of any aboveground electrical power wires, cables or lines.

§ 75-14 Lights.

Editor's Note: See also Ch. 71, Signs and Illumination.

All lights used to illuminate a swimming pool or swimming pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.

§ 75-15 Noise.

Editor's Note: See also Ch. 55, Noise.

No loudspeaker device, radio, phonograph or amplifier system shall be used or maintained in connection with any swimming pool so as to cause a public disturbance or create a public nuisance.

§ 75-16 Wading pools.

Every outdoor wading pool shall be enclosed by a fence as described in § 75-11 unless such outdoor wading pool is:

A. 

Emptied when not in use or when unattended; or

B. 

Covered with a suitable, strong, protective covering fastened or locked in place when not in use or when unattended. (A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.)