For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. The word "shall" is always mandatory and not merely
directory.
Any swimming pool which is entirely self-supporting and at
no point is more than 18 inches below the existing or finished grade.
The average natural surface of the ground or surface of the
ground after completion of any change in contour in the area where
the swimming pool is or is to be situated.
Any swimming pool which at any point is more than 18 inches
below the existing or finished grade.
Any swimming pool constructed, installed or maintained as
any accessory use on the same lot with a one- or two-family dwelling,
intended solely for the private use of any occupant of such dwelling
and such occupant's family and guests.
Any swimming pool which is not a private swimming pool as
defined above.
Any body of water in an artificial or semiartificial receptacle
or other container, whether located indoors or outdoors, used or designed,
arranged or intended to be used for public, semipublic or private
swimming by adults or children or both adults and children, whether
or not any charge or fee is imposed upon such adults or children,
and shall include all buildings, structures, appurtenances, equipment,
appliances and other facilities appurtenant to and intended for the
operation and maintenance of a "swimming pool."
No swimming pool shall be constructed, installed,
used or maintained in any district except in compliance with this
article and after a permit therefor has been procured from the Village
Board.
A.
Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be either enclosed by a durable wall, barrier or fence as described in Subsection B below unless such outdoor swimming pool is covered with a suitable strong protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it shall support a minimum dead weight of 200 pounds.
[Amended 2-1-1996 by L.L. No. 2-1996]
B.
Every outdoor swimming pool having a depth of more
than 18 inches or an area of more than 100 square feet now existing
or hereafter constructed, installed, established or maintained shall
be completely and continuously surrounded by a permanent durable wall,
fence or barrier which shall be located not less than four feet from
the furthest outside projection of the swimming pool and which shall
be no more than six feet nor less than four feet in height above grade
and shall be so constructed as to have no opening, mesh, hole or gap
larger than two inches in any dimension; provided, however, that if
a picket fence is erected or maintained, the horizontal dimension
of any gap or opening shall not exceed two and one-half (21/2) inches.
(1)
All walls, fences or barriers shall be constructed
in accordance with requirements of the State Building Construction
Code and in conformity with all sections of the Code of the Village
of Islandia.
(2)
No wall, fence or barrier of any kind shall be constructed
or maintained which shall contain projections at any point on its
outer surface which present a substantial opportunity or risk of unauthorized
access to the swimming pool. Stockade-type fences may be erected with
either side facing out.
(3)
A dwelling house or accessory building may be used
as part of such wall, fence or barrier.
(4)
All gates and doors used in conjunction with such
wall, fence or barrier shall conform to be the above requirements
as to height and dimensions of openings, mesh, holes or gaps, and
all gates and doors shall be equipped with self-closing and self-latching
devices for keeping the gate or door securely closed at all times.
All gates and doors shall be locked when the pool is not in use or
is unguarded or unattended; provided, however, that the door of any
dwelling which forms a part of the wall, fence or barrier need not
be so equipped or locked.
(5)
Any ladder, diving board or other means of access
to such swimming pool shall be completely enclosed by a durable wall,
fence or barrier, and such wall, fence or barrier and any gate therein
contained shall meet all other requirements set forth in this subsection.
D.
Said distances shall be measured from the water's
edge in an in-ground pool and from the outside edge of the structure
of an aboveground pool.
E.
Every aboveground swimming pool which employs the
use of any electrical device in connection therewith shall be equipped
with a ground fault interrupter approved by Underwriters' Laboratories,
Inc. All electrical devices used in connection with such swimming
pools shall have Underwriters' Laboratories, Inc. approval.
[Amended 2-1-1996 by L.L. No. 2-1996]
F.
Any private swimming pool with a water depth of more
than 18 inches shall be used and maintained in accordance with the
provisions of the New York State Sanitary Code and the rules and regulations
of the Suffolk County Health Department.
G.
Public swimming pools.
(1)
No work shall be commenced on the construction or
installation of any public swimming pool, including excavating or
removing of sand, gravel, topsoil or other materials, until the plans
and specifications shall contain a certificate by a professional engineer
licensed by the State of New York that the drainage of such swimming
pool is adequate and shall not interfere with the public or private
water supply system, with existing sanitary facilities or with the
public highways.
(2)
Every public swimming pool shall be used and maintained
in accordance with the provisions of the New York State Sanitary Code
and the rules and regulations of the Suffolk County Health Department.
H.
During the course of construction of an in-ground
swimming pool, a temporary fence shall be erected as required by the
Village Board.
I.
No water shall be put or caused to be put in any swimming
pool unless a wall, fence or barrier as required by this chapter shall
have first been erected.
J.
In the event that an owner shall cease to use and
maintain any swimming pool in a safe condition, he shall forthwith
fill all voids and depressions and restore the premises to the same
grade and condition as before the swimming pool was constructed and
shall accordingly notify the Building Inspector when said restoration
has been completed.
Such pool shall not occupy more than 40% of
the area of the rear yard, excluding all garages or other accessory
structures located in such area.
A.
In the case of a motel, hotel, apartment house or
town house, no pool shall be erected, maintained or used in a front
yard unless minimum front yard setbacks of 35 feet from all streets
are maintained.
B.
In the case of a private residence which fronts on
two or more streets, corner lots excepted, the following rules shall
apply:
C.
In all other cases, no pool may be erected, maintained
or used within the front yard.
Unreasonable and excessive lighting or the use
of bright-colored banners and whirling pennants or loudspeaker devices
which can be heard beyond the property line and other such novelties
shall be prohibited at all times. Floodlighting shall not be installed
or maintained in any manner that would allow any rays to fall beyond
the property lines. Floodlighting shall not be permitted after 10:00
p.m. Any lighting which impairs the vision or creates a hazard or
nuisance is prohibited.
All swimming pools shall be provided with adequate
drainage. Said drainage shall be adequately contained or drained upon
the premises on which said pool is located.
A.
All drawings and plans for the construction, erection,
installation or alteration of any pool shall be submitted to the Village
Board for examination and approval as to location and construction.
B.
Plans and drawings shall show lot lines and shall
include information pertinent to the pool, fence, construction, water
supply system, drainage, water disposal system and all appurtenances
as well as detailed plans.
C.
No permit shall be issued for the construction, erection,
installation or alteration of any swimming pool unless plans therefor
meet all applicable laws, local laws or regulations which may be applicable.
