This chapter shall be known as "An Ordinance Providing Safeguards for
Swimming Pools in the Town of Cornwall Outside the Village of Cornwall."
As used herein, the following terms shall have the meanings indicated:
SWIMMING POOL
A structure not fully within a building intended for bathing or swimming
purposes, made of any impervious material and which has a water depth in any
area of more than 24 inches. A swimming pool, as used herein, shall not include
a pool, regardless of its water depth, where such pool or its supports are
entirely or partially above ground and where such pool is completely surrounded
either by supports or by the sides of the pool to a height of not less than
four feet.
There shall be no physical connection between a potable public or private
water supply system and a swimming pool at a point below the maximum flow
line of the pool or to a recirculating or heating system of a swimming pool
unless such physical connection is so installed and operated that no water
can be discharged or siphoned into a potable water supply system.
In the event that any person, association or corporation believes that
any or all of the provisions of this chapter should not be applied to its
swimming pool because of special circumstances which would make the provisions
of this chapter inapplicable to any pool and still not violate the spirit
and intent of the chapter, said person, association or corporation may apply
to the Town Board, in writing, for a waiver of any or all of the provisions
of this chapter. If the Town Board determines that a case of special circumstances
exists, and in the further event it determines that the spirit and intent
of this chapter, with particular reference to the protection of children,
can be maintained, the Town Board may waive any or all provisions of this
chapter and may attach to said waiver such conditions, including but not limited
to a time limitation for the waiver and the necessity for future reapplications,
as the Town Board may deem proper under the circumstances.
The installation of any swimming pool within the Town of Cornwall shall
comply with the provisions of the Zoning Ordinance of the Town of Cornwall and, where applicable, to the provisions of the State Sanitary
Code.
[Amended 9-25-1989 by L.L. No. 4-1989]
Any person committing an offense against any of the provisions of this
chapter shall be guilty of a violation and, upon conviction thereof, shall
be punishable for each offense by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. In addition to the above-provided penalty,
the Town Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of the terms of this chapter.