[HISTORY: Adopted by the Town Board of the Town of Cornwall 8-11-1967. Amendments noted where applicable.]
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:
- BUILDING INSPECTOR
- The Building Inspector of the Town of Cornwall.
- 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.
No person, association or corporation shall maintain a swimming pool within the Town of Cornwall outside the limits of the Incorporated Village of Cornwall without first safeguarding such swimming pool with a protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. The fence shall be structurally sound, durable and maintained in good condition. The fence shall be a minimum of four feet in height and shall be of wooden or metal construction so as to be adequate to prevent and prohibit the entrance into the pool area by children and animals. The entrance gate or gates shall have a closing device and locking device.
Application shall be made to the Building Inspector for building permits to construct said fences. There will be no fee for applications to construct fences around existing swimming pools.
In the case of fences presently existing surrounding existing swimming pools, the Building Inspector is hereby authorized and directed to approve such existing fences, provided that they meet substantially the spirit and intent of this chapter. In the event that in the judgment of the Building Inspector the existing fences do not comply with the spirit and intent of this chapter, then he shall notify the property owner of his decision and shall direct the construction of such improvements to the fence as in his judgment will result in a proper enclosure of the swimming pool.
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.
Wherever possible, swimming pools shall be drained into existing streams or watercourses. If such cannot be accomplished, then swimming pools shall be drained into storm sewers.
In the event that swimming pools are to be drained into sanitary sewers, a written application shall be made to the Town Board for permission to so drain and such plans as may be required by the Town Board upon the advice of the engineers for the town shall be submitted, and no pool shall be drained into the sanitary sewer system without the prior consent of the Town Board.
[Amended 9-25-1989 by L.L. No. 4-1989]
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.