[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 6-18-1957 by Ord. No. 27; amended in its entirety 6-17-1986 by L.L. No. 3-1986. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL
- Any outdoor structure, tank or excavation intended for or used for the purposes of bathing or swimming by a resident of the Village of Kings Point, the members of his household and guests and located on a lot as an accessory use to a residence, but such term shall not be deemed to include a portable wading pool located above ground and containing not more than 90 square feet of water surface and having a maximum depth of 24 inches or less.
No swimming pool shall be constructed or erected unless a permit for the same shall have been issued by the Building Inspector of the Village of Kings Point.
An application for such permit shall be accompanied by plot, site and building plans of such pool, showing dimensions, design, location and use of all equipment, drainage, sanitary, filtration, water supply and disposal facilities, fencing, covering of pool and other structures and such other information as may be required by said Building Inspector.
No such permit shall be issued unless said Building Inspector determines that the public health, safety, comfort and welfare will be secure and that such swimming pool will not be detrimental to the general character of the district or the orderly development of the Village.
To promote safety and to prevent accidental injury to or drowning of children or others, every swimming pool heretofore or hereafter constructed or maintained shall be completely enclosed with a fence so constructed as to prevent persons, including children, from passing through the same, such fence to be not less than four feet in height and entirely enclosing the area in which such pool is located. Gates giving access to such swimming pool shall be of the same height and material as the fence and shall be equipped with self-latching devices and shall be closed and latched at all times when the pool is not in use by the occupant of the premises or his guests. All fences, gates and latches shall be maintained in good operating condition.
Such fence shall be constructed of either masonry, wrought iron, wood or wire in the following manner:
Such fence shall be not less than four feet in height.
Such fence shall provide not more than four inches of space between such fence and the ground at any one point.
All wrought iron fences shall have balusters of at least 1/2 inch by 1/2 inch. No space between such balusters shall exceed four inches.
All wood fences shall have components of at least nominal dimensions of one inch by three inches. No spaces between such components shall exceed four inches.
All wire fences shall be made of chain link. The fabric shall be not less than nine-gauge steel having a uniform square mesh with two inches between parallel sides. The mesh shall have a green, brown or black plastic coating.
All wire and wood fences shall have vertical posts set in concrete. Corner posts shall be at least two-and-one-half-inch inside diameter galvanized pipe with a wall thickness of 0.203 of an inch. All other vertical posts shall be at least two-inch inside diameter galvanized pipe with a wall thickness of 0.154 of an inch. There shall not be more than 10 feet of distance between vertical posts.
All wire and wood fences shall have at least two horizontal rails running between the vertical posts at the top and bottom of the fence. The rails shall be at least one-and-one-fourths-inch inside diameter galvanized pipe having a wall thickness of 0.14 of an inch.
All points of entry through such fence to the swimming pool shall be by gates made of such wrought iron, wood or wire fabric as set forth above for the fence. Such gates shall be not less than four feet in height and shall provide not more than four inches of space between such gate and the ground and not more than one inch of space between such gate and the fence on either side of such gate.
Lights and other electrical facilities within the proximity of the swimming pool shall be of proper type and grounded in accordance with the requirements of the National Board of Fire Underwriters and the New York State Building Code.
Editor's Note: See Art. 18 of the Executive Law regarding the State Uniform Fire Prevention and Building Code.
No swimming pool shall be placed within 20 feet of any aboveground electric power lines, cables or wires or poles to which such lines, cables or wires are attached.
All metal enclosures, fences or railings near or adjacent to an outdoor swimming pool which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.
Lights shall be erected so that the sources of illumination shall not be visible from any point beyond the property line of the premises upon which the pool is installed.
No swimming pool and no appurtenant equipment or structure to such swimming pool shall be built, constructed, erected or maintained in a front yard or closer than 20 feet to the rear or side property lines of the premises.
Upon application to the Board of Appeals, based upon the location of the swimming pool, the topography of the land and/or the proximity of the swimming pool to existing structures or structures to be constructed contemporaneously with the swimming pool, the Board may grant a variance from § 140-3 of this chapter.
Should the owner abandon a swimming pool, he shall fill in or remove the excavation or depression and restore the surface of the ground to its original grade and to approximately the same condition as before the pool was installed, and he shall further notify the Building Inspector of the Village of the abandonment so that inspection of the site may be made.
No owner or occupant of any premises upon which a swimming pool shall have been constructed shall allow, permit or tolerate any water from such swimming pool to be discharged, directly or indirectly, in such a manner that it flows into a sanitary sewer, or upon any other property, public or private, including streets and sidewalks.
Upon application to the Department of Public Works of the Village of Kings Point and upon the receipt of permission, in writing, from said Department, an owner or occupant may discharge such water into a public stormwater drain.
In addition to any other penalties provided for, the Building Inspector shall be empowered to enforce the regulations herein set forth and to compel the removal of any swimming pool that fails to meet the requirements of this chapter or of a permit issued for the construction of such pool.
The owner or occupant of the premises upon which a swimming pool shall have been constructed prior to the date of adoption of this chapter shall, within 90 days after the effective date of this chapter, comply with the requirements contained in this chapter.
Upon application to the Board of Appeals by the owner or occupant of the premises upon which a swimming pool shall have been legally constructed prior to the date of the adoption of this chapter, the Board, in cases of practical difficulty or unnecessary hardship, may extend said ninety-day period for compliance, but no such extension shall extend the date by which the applicant shall be required to comply with this chapter beyond two years from the date of the adoption of this chapter.