Village of Old Field, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 1-23-1965. Amendments noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 15.
Excavations — See Ch. 35.
Beaches — See Ch. 70.
Peace and good order — See Ch. 75.
Property maintenance — See Ch. 80.
Zoning — See Ch. 121.

§ 99-1 Permit required.

[Amended 2-14-1995 by L.L. No. 1-1995]
A. 
No swimming pool or wading pool shall be constructed, installed, used, erected or maintained in any part of the Incorporated Village of Old Field except in accordance with the provisions of this chapter and of Chapter 121, Zoning, of the Code of the Village of Old Field.
B. 
No clearance, excavation, construction and/or installation shall begin until a building permit has been issued, in accordance with §§ 99-13 and 121-57, and no occupancy, maintenance or use shall commence and/or continue until the issuance of a certificate of occupancy in accordance with § 121-61.

§ 99-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
Any body of water or receptacle for water made of steel or concrete or of any other material commonly used therefor and installed either in a depression or above ground in such manner as to be affixed in or to the ground, having a depth at any point greater than four feet, used or intended to be used for bathing or swimming and installed and maintained outside a residential building on private property within the limits of the Incorporated Village of Old Field.
WADING POOL
Any body of water or receptacle for water having a depth of less than four feet, used or intended to be used for wading and installed and maintained in or above ground outside a residential building on private property within the limits of the Incorporated Village of Old Field.

§ 99-3 Legislative purpose.

For the purpose of safeguarding the safety and health of the community, the following specific conditions are hereby imposed on all swimming pools.

§ 99-4 Location; percentage of yard area used.

[Amended 8-26-1967; 2-14-1995 by L.L. No. 1-1995]
A swimming pool may be constructed in the back yard only, no closer than 25 feet to the lot lines, and shall occupy, including the apron or walkway hereinafter referred to, not more than 40% of the back yard area.

§ 99-5 Pool enclosure required.

[Amended 2-14-1995 by L.L. No. 1-1995; 6-9-2009 by L.L. No. 2-2009]
All swimming pools shall be surrounded by a suitable enclosure or barrier that complies with the New York State Uniform Fire Prevention and Building Code.

§ 99-6 Walkway required.

[Amended 2-14-1995 by L.L. No. 1-1995]
A. 
A walkway constructed of cement, brick, stone, nonskid tile or similar materials, at least four feet in width, shall be built on all sides of the pool.
B. 
Although the pool proper may not be closer than 25 feet to the lot line(s), the walkway may project into or be partially constructed within 25 feet of the lot line(s) mentioned above.

§ 99-7 Drainage facilities.

A. 
Water drained from a swimming pool, unless by special permission of the Board of Trustees the same is drained directly into Long Island Sound or any tributary thereto, shall be completely drained on the lot whereon such pool is located and into a dry well which:
(1) 
Shall not be located nearer than 20 feet to the nearest cesspool, whether on the property of the owner of such pool or on any adjoining property.
(2) 
Shall be constructed in the same manner as is prescribed by the Building Code[1] or any ordinance of the Village with respect to cesspools.
[1]
Editor's Note: The Village of Old Field enforces the New York State Uniform Fire Prevention and Building Code as the building code of the Village.
(3) 
Shall have a capacity of at least twice the amount of water which may be discharged from such pool during one normal backwash operation and shall have a vertical sidewall at least 10 feet in height, unless the depth to the sand drainage level where such dry well is located shall be less than 10 feet, in which case, the height of the vertical sidewall shall be sufficient to reach said sand drainage level.
B. 
If and when more than one drain from such pool is connected, the size of such dry well shall be proportionately increased.
C. 
No wastewater, other than from the pool, shall discharge into such dry well, and no wastewater from any pool shall discharge into a septic tank, cesspool or other sewage disposal system.
D. 
All applications and plans submitted in connection therewith shall indicate the approval of any local water district or other governmental agency having jurisdiction of the local water supply.
E. 
All plumbing work must be performed by a licensed master plumber.

§ 99-8 Recirculating and filtering system required.

No swimming pool shall have a water capacity in excess of 7,500 gallons without a recirculating and filtering system of sufficient capacity to meet good public health standards.

§ 99-9 Electrical facilities; grounding potential conductors.

A. 
No electric wiring for lighting or other use, other than for lighting which is part of and enclosed in the swimming pool structure, shall be closer than 15 feet to said pool, nor shall current-carrying electrical conductors cross said pool, either overhead or underground.
B. 
All metal enclosures, fences or railings near or adjacent to an outdoor swimming pool which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.

§ 99-10 Proximity to cesspools and dry wells.

No swimming pool shall be located closer than 20 feet to any cesspool or dry well (excluding leader dry wells) on the property on which such pool is located or adjacent property.

§ 99-11 Health standards to be complied with.

All swimming pools presently existing or hereafter installed and erected shall be subject to any and all ordinances, rules and regulations now or hereinafter enacted by the Suffolk County Department of Health or by the Health Department of the State of New York. Each such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

§ 99-12 Form of water supply facilities.

No water from a public water supply shall be introduced into a swimming pool other than by means of a permanent, rigid system of piping, having an air-gap delivery connection of not less than six inches in vertical line above the flood rim of the pool. If water is supplied from a private well, there shall be no cross-connection with any public water supply system.

§ 99-13 Application for permit.

A. 
An application for a permit for a swimming pool shall be accompanied by proof of written notice thereof to all abutting property owners and by plans, in duplicate, prepared or approved and signed by a registered architect or professional engineer, licensed by the State of New York, in sufficient detail to show:
(1) 
Location and size of the plot.
(2) 
Location of the site in relation to adjacent properties.
(3) 
Location of all buildings and structures presently on the plot and all buildings and structures on adjacent properties within 15 feet of the lot line.
(4) 
Location of all cesspools within 50 feet of the pool or the dry well proposed to be installed or used in connection therewith.
(5) 
Size of the pool, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities, safety walkway around the pool, fence pests and the location of such fence in addition to said pool, and the dimensions, location and materials from which made, including wiring and plumbing and heating and ventilating plans and equipment, of any building or structure, temporary or permanent, housing or enclosing said pool or part thereof.
[Amended 8-26-1967]
(6) 
Location of all electrical wiring and lines.
(7) 
Computation showing percentage of land usage.
B. 
Such application shall also be accompanied by a certification by a professional engineer, licensed as aforesaid, that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highway.

§ 99-14 Screening of pool enclosures.

[Added 8-26-1967; amended 2-14-1995 by L.L. No. 1-1995]
Upon completion of construction, there shall be screening or landscaping sufficient to screen the pool and its permanent enclosure from adjacent property.

§ 99-15 Permit fee.

[Amended 2-14-1995 by L.L. No. 1-1995]
The fee for a permit for the installation and erection of a swimming pool of permanent construction shall be set by resolution of the Board of Trustees.

§ 99-16 Inclusion of additional conditions on permit.

In addition to the conditions specifically set forth in this chapter, a permit, when issued, may also have endorsed thereon any other, further and different conditions or provisos having a reasonable relation to the operation, maintenance, construction and use of such pool as may be stated thereon by the Board of Trustees.

§ 99-17 Abandonment.

If the use of a swimming pool is abandoned, such pool shall be filled in or removed and the depression thereby left filled in, and the surface of the ground shall be restored to its original grade and approximate condition existing before construction of the pool, and the Building Department of the Village shall be notified of such abandonment and restoration so that an inspection of the site may be made and the records of the permit marked accordingly.

§ 99-18 Plastic construction restricted.

No body of water or receptacle for water composed primarily of plastic materials, installed in or above ground in such a manner as to be removable, having a depth of two feet or more and used or intended to be used for bathing or swimming shall be constructed, installed, used, erected or maintained outside a residential building within the limits of the Incorporated Village of Old Field.

§ 99-19 Wading pools.

A wading pool having a plane surface area of water greater than 100 square feet shall conform to the requirements for a swimming pool as hereinbefore set forth. Any wading pool having a plane surface of water area less than 100 square feet shall not require a permit and shall be subject only to the following requirements:
A. 
Water drained from such pool shall be completely drained on the lot on which such wading pool is located.
B. 
No wading pool shall be placed closer than 10 feet to any lot line.

§ 99-20 Enforcement.

The Building Inspector of the Incorporated Village of Old Field is herewith charged with the duty of enforcing this chapter, and it is herewith specifically provided that the Building Inspector shall have the authority to enter upon any private premises within the Incorporated Village of Old Field to determine whether or not the provisions and requirements of this chapter have been complied with in the construction or maintenance of any swimming pool or wading pool.

§ 99-21 Conformity with building standards.

Any swimming pool or wading pool requiring any structure above ground and any accessory buildings or structures used in connection with any such pool shall conform to the provisions of the Building Code of the Incorporated Village of Old Field.[1]
[1]
Editor's Note: The Village of Old Field enforces the New York State Uniform Fire Prevention and Building Code as the building code of the Village.

§ 99-22 Existing pools.

Subject to the provisions of § 99-19 covering wading pools having a plane surface of water area less than 100 square feet, no existing swimming pool or wading pool shall be maintained, operated or used after the expiration of three months after the effective date of this chapter unless a permit for such use and the continued maintenance of such pool shall have been issued by the Board of Trustees. Application for such permit shall be made in the same manner, accompanied by the same plans as required for construction, erection and installation after the effective date of this chapter of swimming pools and wading pools, except to the extent that details required to accompany such application as provided herein may be waived by the Board of Trustees. Existing pools shall conform to the requirements hereof to the same extent as pools of the same type of construction erected and installed after the effective date of this chapter, except that the Board of Trustees, upon finding that any of such requirements cannot reasonably be complied with in the case of an already-existing pool, may dispense therewith. The fee for a permit for an already-existing pool shall be $25.

§ 99-23 Expiration of permits.

A permit granted for the construction, erection or installation of a pool covered by the provisions of this chapter shall lapse at the expiration of six months from its date of issuance unless, prior to the expiration of such six months, the permittee shall have commenced construction and diligently continued the same and achieved substantial construction within such period. Every such permit for the construction, erection, installation, maintenance or use of a pool covered by the provisions of this chapter, which permit shall have been granted upon conditions or provisions, shall immediately lapse in the event that such conditions or provisions shall not have been complied with or, having been complied with, compliance therewith is or has been discontinued.

§ 99-24 Penalties for offenses.

[Amended 11-19-1985 by L.L. No. 2-1985]
A. 
A violation of this chapter may be enforced in accordance with Chapter 121, Zoning.
[Amended 2-14-1995 by L.L. No. 1-1995]
B. 
The Building Inspector or such other person as may hereafter be designated by the Board of Trustees to enforce the provisions of this chapter may institute any appropriate action or proceeding, by legal process or otherwise, to prevent such unlawful construction, erection, installation, maintenance or use or to restrain, correct or abate such violation or to prevent any illegal act, conduct or use in or about such premises.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed this subsection and set out penalties for a violation, was repealed 2-14-1995 by L.L. No. 1-1995.