[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991 as Ch. 35 of the 1991 Code. Amendments noted where applicable.]
This chapter shall apply to all private swimming pools in the town installed or constructed after June 28, 1967.
As used in this chapter, the following terms shall have the meanings indicated:
- ABOVEGROUND POOL
- Any private swimming pool, the walls or sides of which extend at least four (4) feet above ground level.
- IN-GROUND POOL
- Any private swimming pool, the walls or sides of which extend less than four (4) feet above ground level.
- PRIVATE SWIMMING POOL
- Any outdoor body of water or receptacle of water having a depth at any point greater than two (2) feet, constructed, installed or maintained in or above the ground and used or intended to be used by the owner, occupant or lessee of the premises upon which it is situate, his family and by friends invited to use it without payment of any fee for swimming or bathing.
No private swimming pool shall be constructed, erected, added to or substantially altered until a building permit therefor has been issued by the Codes Enforcement Officer. All applications for such permits shall be in accordance with the requirements of Chapter 59, Building Construction and Fire Prevention. Such building permit shall be posted conspicuously on the premises before construction or use is commenced and shall remain thereon until a certificate of occupancy therefor has been duly issued by the Codes Enforcement Officer.
No building permit for the erection or maintenance of a swimming pool shall be issued except upon an application which shall be accompanied by a map or survey showing the exact location of the pool with reference to lot side lines, existing buildings and water supply system, drainage and water disposal systems and all appurtenances pertaining to the swimming pool. The application shall also show the manner and method of disposal of wastewater and compliance with the provisions hereinafter established.
In-ground swimming pool. In-ground swimming pools shall be provided with an enclosure that complies with the requirements of Parts 720 and 744 of the New York State Uniform Fire Prevention and Building Code, as amended.
Aboveground swimming pool. Aboveground swimming pools shall be provided with an enclosure that complies with the requirements of Parts 720 and 744 of the New York State Uniform Fire Prevention and Building Code, as amended.
Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or upon the pool and cast no light or reflections onto abutting properties. This provision shall not preclude low-voltage underwater lighting.
Overhead wires. No overhead electric lines shall be maintained within twenty (20) feet of the nearest portion of a pool or appurtenances.
Perimeter. A perimeter of at least two (2) feet around all portions of a pool required to be fenced by this chapter shall be maintained between the edges of the pool and the fence erected around the pool except at the points where such fence is required to adjoin the walls of an aboveground pool as hereinabove provided.
Disposal of wastewater. Wastewater shall be prevented from flowing over or onto the land of any adjoining property owner.
Filling. No pool shall be filled or added to from a public water supply at any time during the effectiveness of emergency water orders or measures.
Abandonment. Should the owner abandon the pool, he shall return the surface of the ground to its original grade and the Codes Enforcement Officer shall be notified thereof.
Sanitary requirements. All private swimming pools and the buildings, grounds, dressing rooms and all other facilities used in connection therewith shall be kept at all times in a clean and sanitary condition and maintained free from garbage, trash and other refuse.
State law and regulations. The owner, occupant or lessee of premises upon which a private swimming pool is situated shall at all times observe all applicable provisions of the Public Health Law, the State Sanitary Code and the rules and regulations of the New York State Department of Health.
Any violation of this chapter shall constitute an offense and shall be punishable by a fine not to exceed twenty-five dollars ($25.) for each offense. The continued violation of this chapter or of any regulation or provision thereof shall constitute a separate offense for each and every day such violation shall continue.
In addition to the penalties provided in § 131-7 of this chapter, the Town Board may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter or any regulation or provision thereof.