As used in this chapter, the following terms shall have the meanings
indicated:
A structure intended for bathing or swimming purposes, made of concrete,
masonry, metal or other impervious material, located either indoors or outdoors
and provided with a controlled water supply.
The act of becoming partially or totally immersed in water. This
term shall include, but not be limited to, swimming, wading and any other
entry into the water for the purpose of waterskiing and windsurfing.
A bathing place, together with buildings and appurtenances, if any,
and the water and land areas used in connection therewith at a natural pond,
lake, stream or other body of freshwater which is used for bathing or swimming
with the express or implied permission or consent of the owner or the lessee
of the premises or which is operated for a fee or any other consideration
or which is openly advertised as a place for bathing or swimming by the public.
A pool formed artificially from a natural body of water and used
for bathing purposes.
The Building Inspector of the Town of Mamakating.
[Amended 10-4-1990 by L.L. No. 7-1990]
An individual possessing, as minimum qualifications, current advanced
lifesaving and basic life support cardiopulmonary resuscitation (CPR) certificates
from the American National Red Cross or equivalent certifying agency on the
basis of standards approved by the State Commissioner of Health.
A competent individual at least 18 years of age, acceptable to the
permit-issuing official, who shall be present at the bathing area at all times
when the pool or bathing beach is officially open and capable of exercising
control over the bathers.
Any swimming pool, together with buildings and appurtenances used
in connection therewith, and shall be construed as including both artificial
and partly artificial swimming pools.
The requirements of this chapter shall not apply to a private swimming
pool, bathing beach or other bathing facilities owned and/or maintained by
an individual solely for use of his family and friends.
No person, group of persons, firm, corporation, association, organization
or institution shall construct an artificial swimming pool or make changes
in an already built swimming pool if such changes shall affect health or safety
until the plans and specifications therefor shall first have been submitted
to and received the approval of the permit-issuing official. All plans shall
be prepared by a person licensed by the State of New York to practice engineering
or architecture. Application for such approval shall be made on the form prescribed
by, and in accordance with the requirements of, the State Commissioner of
Health.
No person, group of persons, firm, corporation, association, organization
or institution shall operate, maintain or permit the use of any swimming pool
or bathing beach without a permit from the permit-issuing official of the
Town of Mamakating, to be issued subject to the provisions of this chapter
and such additional safety or sanitary safeguards as may be required by the
permit-issuing official or State Commissioner of Health.
A.
The permit shall be posted conspicuously at the swimming
pool or bathing beach.
B.
Each such permit shall be issued for a maximum period
of one year and may be revoked for cause by the permit-issuing official or
State Commissioner of Health after a hearing.
C.
Said permit may be suspended temporarily pending said
hearing.
D.
The revoked permit shall be removed, and the notice of
revocation of the permit issued by the permit-issuing official shall be posted.
E.
The fee for a permit under this chapter shall be $100.
[Added 10-4-1990 by L.L. No. 7-1990]
The permit-issuing official may, on written application and after review,
grant a variance from a specific provision of this chapter in a specific case,
subject to appropriate conditions, which shall include a time schedule for
compliance, where such variance is in harmony with the general purposes and
intent of this chapter and where there are practical difficulties or unnecessary
hardship in carrying out the strict order of the provision. A copy of the
variance and time schedule shall be submitted by the permit-issuing official
to the State Commissioner of Health at the time of issuance.
