[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:
The Building Inspector of the Town of Cornwall.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[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.
