[Added effective 6-2-1971 by Ord. No. 71-10]
The purpose and intent of this article is to
establish regulations for the construction, the use, and the maintenance
of swimming pools within the City of Geneva in order to promote and
protect the health, safety, comfort, convenience and general welfare
of the inhabitants of the City of Geneva, New York, and to promote
peace and good order therein.
When used in this article, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
Includes any natural person, firm, partnership, association,
corporation, company or any organization of any kind.
Any structure, located outdoors, which is designated to contain
water to a depth of two feet, or more, which has at least one horizontal
dimension of 12 feet, or more, and the upper side of which is open.
The term "swimming pool" shall include structures constructed, used,
or maintained either on, above, or below the surrounding finished
grade.
A.
Building permit. No swimming pool shall be constructed
or enlarged in the City of Geneva without a building permit issued
by the Superintendent of Building and Zoning. Each application for
a building permit shall include a plot plan of the lot upon which
the swimming pool is to be built, which plan shall contain existing
structures and lot lines.
B.
Construction, use and maintenance regulations. No
building permit for the construction of a swimming pool within the
City of Geneva shall be issued except upon compliance with the following
regulations:
(1)
Private swimming pools may be erected or installed
only as an accessory to a dwelling, private club, community building,
or commercial structure for the use of the owner(s) or occupant(s)
and family(ies), guests and/or invitees. Such swimming pool shall
not occupy more than 10% of the area of the lot on which the same
is located and shall in all other respects comply with this chapter,
particularly setback requirements.
(2)
No person, firm or corporation shall maintain a swimming
pool within the City of Geneva without first completely enclosing
such swimming pool with a permanent protective fence. Such fence shall
be a minimum of four feet in height measured from the ground level.
It shall be so constructed as to have no openings, holes or gaps larger
than two inches in any direction. The wall of a dwelling or an accessory
building may form a part of such fence. Swimming pools which are constructed
completely above grade, at a minimum height of 42 inches, as measured
from the land immediately adjacent to the outside edge of said structure,
shall be exempted from this fencing requirement if the means of access
to the swimming pool is a ladder, or a device that must be removed
when the pool is not in use or attended.
(3)
All gates or doors opening through a fence surrounding
a pool shall be equipped with a self-closing and self-latching device
for keeping the gate or door securely closed at all times when not
in actual use, except that the door of any dwelling, house or accessory
building which forms a part of the enclosure need not be so equipped.
Any such gate or door shall be kept locked while the swimming pool
is not under the direct supervision of a responsible individual who
is 18 years of age or older.
(4)
All equipment or mechanical devices pertinent to and
in the general vicinity of a pool relying on electrical power sources
shall be of single-phase, one-hundred-twenty-volt, three-wire construction
directly grounded to the ground system of the house or the source
of power.
(5)
In the course of pool maintenance the emptying or
discharging of the contents of the pool shall be controlled in such
a manner as not to cause a nuisance to adjacent properties.
The provisions set forth on fencing in Subsection B(2) of § 350-66 of this article shall not be strictly applied to fences safeguarding swimming pools existing at the time that this article becomes effective. In such cases the Superintendent of Building and Zoning is hereby authorized and directed to approve such existing fences and gates which, in his discretion, substantially comply with these provisions. If, in his discretion, any such existing pool fences or gates do not substantially comply with the provisions of this article, he shall direct the owner or user thereof to erect fences and/or gates which are in compliance with these sections. Such owners and/or users shall be given a reasonable time to comply, the time to be given being chosen in accordance with the magnitude of the change required, but in no case shall it be more than 30 days. Any person(s) and/or association or corporation owning or using an existing swimming pool is required to apply for a certificate of compliance from the Superintendent of Building and Zoning within 30 days of the date that this article takes effect, such certificate to be issued only when, in the discretion of the Superintendent of Building and Zoning, there is substantial compliance with all of the sections of this article.
A filter recirculating pump and purification
system shall be provided so as to maintain the bacterial standard
established by the provisions of the New York State Sanitary Code
relating to public swimming pools.
A.
No artificial lighting shall be maintained or operated
in connection with any swimming pool presently constructed or installed
or hereafter constructed or installed in such manner as to unreasonably
interfere with the occupants of any neighboring property.
B.
The use of megaphones, loudspeakers or public address
systems is prohibited in connection with swimming pools herein regulated,
and the use of any sound producing or reproducing devices, including
human voices, shall not be such as to be objectionable to the occupants
of any nearby property.
The Zoning Board of Appeals may vary or adapt
the strict application of any of the requirements of this article
pursuant to and in accordance with the provisions of this chapter.
The provisions of this article shall be in addition
to and shall in no manner supersede or nullify any other provision
contained in this chapter.
