[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 10-2-1995 by L.L. No. 8-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PORTABLE WADING POOL
- A structure designed for wading, constructed or installed either above or below, in whole or in part, the surface of the ground and capable of containing a maximum depth of water of less than two feet.
The provisions of this chapter shall apply to all existing swimming pools and portable wading pools within the village, to all swimming pools and portable wading pools connected to the Village of Tarrytown's sewer system and to all swimming pools and portable wading pools constructed or installed after the effective date of this chapter.
No swimming pool or appurtenances thereto shall be constructed, installed, enlarged or altered until a permit has been obtained from the Building Inspector after submission of plans as set forth hereinafter. No swimming pool shall be filled for use or used without prior inspection and approval of the Building Inspector to determine whether or not there has been compliance with the provisions of this chapter. Should the Building Inspector determine that any swimming pool theretofore approved is thereafter being used other than in compliance with this chapter, such swimming pool shall be drained and kept drained and shall not be filled for use or used again until it is brought into compliance.
All public pools shall comply with all of the requirements of the Westchester County Department of Health. It shall be the responsibility of the property and/or pool owner or the person responsible therefor to obtain all necessary approvals and permits from the Westchester County Department of Health.
Plans required by this chapter shall accurately show dimensions and construction of pool and appurtenances and properly establish distances to lot lines, buildings, walks and fences, details of water supply, drainage and water disposal systems and all appurtenances pertaining to the swimming pool. Detailed plans of structures, vertical elevations and sections through the pool showing depth shall be included.
All swimming pools must be enclosed and or fenced in compliance with the New York State Uniform Fire Prevention and Building Code entitled, "Swimming Pool Enclosures."
All swimming pools shall be equipped so that they may be completely emptied of water. Discharge water shall be disposed of in a manner that will not create any runoff and/or nuisance onto or to any other property and without causing flooding or sewer backup.
There shall be no discharge or drainage of water from a swimming pool until the Superintendent of Public Works or his/her designee has determined that the method or manner of emptying the pool and the connections of such drain to the sewer are not contrary to the public interest or maintenance of the sewer system or to the interest of other property owners. The responsibility to prove that the discharge or drainage of water from the swimming pool is not contrary to the public interest rests with the property owner. The Superintendent of Public Works may request certification of proof from a professional engineer. The cost thereof shall be borne by the property owner. The Superintendent of Public Works or his/her designee must receive advance notice of any discharge or drainage of water from a swimming pool.
Any discharge or drainage pipe or line from the swimming pool to the sewer can be no wider than four inches in diameter.
A restrictor valve must be placed in the discharge or drainage pipe or line of a swimming pool whose capacity is in excess of 15,000 cubic feet of water. The restrictor valve must be designed by a professional engineer, and the design and certification that the valve has been installed in accordance with the design must be submitted to the Superintendent of Public Works prior to discharge or drainage into the village's sewer system. This restrictor valve must be inspected and tested by a professional engineer once a year to ensure that its function of preventing sudden discharges of water from the swimming pool is in proper working order. The report of the inspection shall be submitted to the Superintendent of Public Works.
Water drained from the pool shall not be discharged to the sewer system during periods of rain or storms. At no time shall the rate of drain water discharge exceed a flow of 200 gallons per minute.
The discharge or draining of water from a swimming pool and the backwashing of swimming pools in excess of 15,000 gallons into the sewer system shall be restricted to the period between 12:00 midnight and 8:00 a.m.
The names, addresses and telephone numbers of the people in charge of backwashing and draining swimming pools whose capacity is in excess of 12,000 cubic feet of water shall be submitted to and shall remain on file with the Superintendent of Public Works.
In matters pertaining to technical requirements for the discharge of water from the swimming pool, the Code Enforcement Officer shall obtain, as needed, the consultation of the Superintendent of Public Works.
It shall be the duty of the Code Enforcement Officer/Building Inspector/Superintendent of Public Works to enforce the provisions of this chapter. The Code Enforcement Officer/Building Inspector/Superintendent of Public Works or their duly authorized agents are hereby authorized to enter, at reasonable times, with the knowledge of and accompanied by the owner or operator, upon the premises of public or private swimming pools to inspect the premises for compliance with the provisions of this chapter.
The village shall have the right to require the owner of a swimming pool, upon not less than 24 hours' written notice, to maintain and/or to make such repairs as are specified as to place and manner and/or to drain the swimming pool under village supervision when an incident occurs and the discharge or drainage of water from a swimming pool damages public or private property and/or threatens the health, safety and welfare of any resident of the village.
Where there is reason to believe that the swimming pool water discharge or drainage system has become defective, the Code Enforcement Officer may direct that such system shall be subjected to tests to disclose any defect, and in the event that such tests disclose defects, repair work shall be subjected to retesting after completion.
If the owner of the swimming pool fails to maintain or make the required repairs, the Board of Trustees may authorize repairs to be done in order to protect the health, safety and welfare of its citizens and may assess the expense thereof upon the swimming pool owner in addition to any fine that may be imposed by § 265-9 of this chapter for each offense and may recover by action, in whatever court deemed appropriate, against such owner or occupant the costs of the maintenance and/or repair, and the village may bring an action, in whatever court deemed appropriate, to enjoin the violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
If any clause, sentence, paragraph, word, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.
Any person who shall violate any provisions of this chapter shall, upon summary conviction before an issuing authority having jurisdiction thereof, be punishable by a fine of not more than $500 and costs of such proceeding and, upon default in payment of such costs and fine, by imprisonment in the county jail for a term of not more than five days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.