[HISTORY: Adopted by the Town Board of the Town of Gates 8-11-1969;
amended in its entirety 11-6-1985. Amendments noted where applicable.]
A.
The Town Board of the Town of Gates in the County of
Monroe and the State of New York, in pursuance of the authority conferred
by the Town Law in the State of New York in order to promote the health, safety
and general welfare of the inhabitants of the Town of Gates, enacts the following
ordinance, which shall be known as the "Swimming Pool Ordinance of the Town
of Gates."
B.
All construction and operation referred to in this chapter
must be in accordance with federal, state and local laws and codes. All sanitation
conditions must comply with the rules of the State and County Boards of Health.
As used in this chapter, the following terms shall have the meanings
indicated:
All swimming pools having all or any section of their exterior wall
above the surrounding ground level.
Shall be considered to be its inside wall.
All swimming pools having their entire water surface below the level
of the surrounding ground.
The installation of an above- or below-ground swimming pool which
requires more than a one-foot excavation for any part of the pool, and/or
constructed of concrete, wood, metal or other material and/or encircled or
partly encircled by a deck or platform, any part of which cannot be dismantled
for storage.
One that is capable of being raised and fastened when not in use.
All private or semiprivate swimming, bathing and wading pools, ponds
or tanks above or below the ground of a permanent or temporary nature, which
have a depth of more than 24 inches and/or a water surface of more than 100
square feet and which are excavated, erected, constructed or created by damming
of a stream, whether out of doors or inside a structure or building.
A swimming pool shall be deemed to be a structure under Chapter 190, Zoning, and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
A swimming pool may be permitted only as an accessory structure to a
principal building used for residential purposes. Said pool shall be for the
exclusive use of the occupants of the principal building and their guests.
A swimming pool may be permitted, when said use is not as an accessory
structure to the principal building, only upon application to the Zoning Board
of Appeals in accordance with this chapter. Pools used normally by the public,
such as clubs, etc., must comply with the New York State Board of Health regulations.
The installation of an aboveground swimming pool which requires less
than a one-foot excavation for any part of the pool, with no platform encircling
or partly encircling the pool, other than an entrance platform four feet by
four feet maximum size, all of which can be dismantled and stored.
A.
Before any swimming pool is moved, placed, erected, assembled,
excavated upon a lot or created by damming a stream, a building permit shall
be required.
B.
A building permit shall be required for any enlargement
of an existing pool, for a dressing shelter, a pump house, a filter house,
an enclosure for the pool or any other structure erected in conjunction with
the swimming pool. Such structures shall conform to all provisions of the
New York State Uniform Fire Prevention and Building Code and regulations and
ordinances of the Town of Gates and shall not unduly interfere with the use
or enjoyment of the adjacent property.
C.
Application.
(1)
Each application for a building permit to erect, construct,
dam a stream or excavate a swimming pool or to enlarge an existing pool or
to build an ancillary structure must be accompanied by a building permit fee
and by plans in sufficient detail to show the following:
(a)
A plot plan of the property on which the swimming pool
is to be constructed or placed showing the location of the swimming pool in
reference to the side lines, rear lines, grades, basement and other structures
on the property and existing electrical service lines and electrical lines.
(b)
The pool dimensions and depths.
(c)
The location and dimensions of the fence and any structures
or appurtenances built or that are to be built in conjunction with the swimming
pool.
(d)
The estimated cost of the proposed swimming pool.
(e)
The location and type of waste disposal and drainage
system of the property.
(f)
The location and source of water supply.
(g)
The location, size and description of all proposed electrical
connections, lighting (both above and below the ground) and any pool-heating
device.
(2)
These plans, along with structural calculations and details,
must be prepared and signed by either the owner of the property or a licensed
professional engineer or a registered architect, or a recognized pool contractor,
who is an accredited member of the National Swimming Pool Institute.
The location of a permanent or temporary swimming pool on the property
must:
A.
Not be placed in the front yard.
B.
Be at least 10% of the lot width distant from any side
yard line and rear yard line, but in no event less than five feet distant
from either the side yard line or rear yard line.
C.
Be at least 15 feet from any house basement.
D.
Be at least 20 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening of this distance.
E.
Not endanger the health and/or safety of its users and
not unduly interfere with the use and enjoyment of the adjacent property.
A.
The swimming pool shall be deemed and constructed in
such a manner as not to endanger the health and/or safety of its users or
nonusers and to not unduly interfere with the use and enjoyment of adjacent
property.
B.
The swimming pool shall be required to have adequate
equipment to properly recirculate, filter, algacide and germicide the water
of the pool, with provisions and instructions for maintenance of the same.
C.
The swimming pool must be equipped with proper safeguards
for users of the pool. At least one ladder, no more than two feet from the
bottom of the pool, must be provided at a location to facilitate quick exit.
D.
Safety equipment.
(1)
All swimming pools must have a rescue pole made of aluminum,
fiberglass, bamboo or equal material, stored within 15 feet of the swimming
pool's interior edge. The rescue pole shall be in length at least 1/2 of the
swimming pool's diameter, depending on the type of the pool.
(2)
All swimming pools must have a ring buoy with at least
25 feet of attached rope or cord prominently stored within 10 feet of the
pool's interior edge. The type of ring buoy must meet the specifications as
set forth by the National Swimming Pool Institute or the American Red Cross.
E.
The Superintendent of Building or Commissioner of Public
Works shall pass upon the safety and adequacy of the design, materials, construction
and equipment of all swimming pools. In doing so, they may be guided by the
Minimum Standards for Residential Pools of the National Swimming Pool Institute.
F.
No part of the pool structure, with the exception of
deck fencing, shall project more than 4 1/2 feet above the surrounding
existing grade except by special permit.
G.
Where applicable, all plumbing must conform to the plumbing
regulations of the Town of Gates. If connections are to be made to a public
water or storm sewer, work must be done under the supervision of a licensed
plumber.
A.
Water supply. There shall be no fixed or direct connection
to any nonpotable water supply.
B.
Drainage.
(1)
There shall be no drainage connection to a sanitary sewer.
(2)
It must be possible to drain all pools into a storm sewer
or a natural waterway, either by gravity, syphon or through the filter-pump
system.
(3)
There shall be no drainage over adjoining property without
permission or consent of owners.
A.
Every in-ground swimming pool shall be entirely encircled by a fence, which fence shall comply with the requirements as set forth in Subsection D.
B.
Every aboveground swimming pool having all or any section
of its exterior wall less than 3 1/2 feet, measured in a vertical line
from the top of the exterior wall to the ground level, shall be entirely encircled
by a fence.
C.
Every aboveground swimming pool having an exterior wall
3 1/2 feet or more above the ground using an entrance device other than
a safety ladder for entrance and exit to the pool or its surrounding deck
or platform shall have a fence encircling the entrance device at least five
feet from the point where such permanent ladder or entrance device touches
the ground or would touch the ground if extended downward.
D.
The fence shall be at least four feet in height and not
more than six feet in height. The fence shall be of rigid construction and
not be easily climbed or crawled under. The fence shall have a gate capable
of being locked when unattended.
E.
Portions of exterior walls of the structures on the property
or lot line fences may be used for these fencing requirements.
F.
An aboveground swimming pool with a deck must have a
fence of at least 30 inches, but not to exceed four feet in height on the
outside edge of the deck.
G.
The use of a safety ladder as an entrance device is required
for an aboveground swimming pool, but it must be removed and stored when the
swimming pool is unattended.
A.
All lighting and electrical work shall conform to the
Electrical Code of the State of New York and be inspected and approved by
an inspection agency approved by the town. Also, all underground-wiring lighting
shall be of low voltage.
[Amended 9-7-1999 by L.L.
No. 2-1999]
B.
No lighting shall be installed in such a manner that
it may be an annoyance to the owners of adjacent property. Under normal circumstances,
floodlighting, the illumination of adjacent property, among other things,
will be sufficient to constitute an annoyance.
C.
No pool shall be erected within 10 feet of existing electrical
service lines, nor shall electrical lines be strung over the water surface
nor within four feet of the outer edge of the pool.
Every swimming pool presently constructed or installed or hereafter
constructed or installed shall be maintained at all times in such manner as
never to constitute a public nuisance, a hazard or a menace to health or safety.
Any such hazard which may exist or develop in or in consequence of or in connection
with any such swimming pool shall be forthwith abated and/or removed by the
person in possession, owning or having jurisdiction over such pool, upon receipt
of notice from the Department of Public Works.
Use of a swimming pool shall be in a reasonable manner and at reasonable
times so as not to cause undue discomfort and/or annoyance to adjacent residents
[Amended 9-7-1999 by L.L.
No. 2-1999]
A person who shall violate any provisions of this chapter or who fails
to comply therewith or who shall violate or fail to comply with any order
or regulation made thereunder shall be subject to a maximum fine of $250 or
imprisonment for not more than 15 days, or both such fine and imprisonment.
