[HISTORY: Adopted by the Town Board of the Town of Avon 5-19-1976
by Ord. No. 76-1 as Ch. 35 of the 1976 Municipal Code. Amendments
noted where applicable.]
A.
In pursuance of the authority conferred by the Town Law
in the State of New York and in order to promote the health, safety and general
welfare of the inhabitants of the Town of Avon, this chapter is hereby enacted.
B.
All construction and operation referred to in this chapter
must be in accordance with federal, state and local laws and codes. All sanitary
conditions must comply with the rules of the State and County Boards of Health.
When used in this chapter, certain words and terms shall have the following
meanings:
All swimming pools having all or any section of their exterior wall
above the surrounding ground level.
All swimming pools having their entire water surface below the level
of the surrounding ground.
The installation of an aboveground or in-ground swimming pool, which
requires more than one foot of excavation for any part of the pool, and/or
constructed of concrete, wood, metal or other materials and/or encircled or
partly encircled by a deck or platform, any part of which cannot be dismantled
for storage.
[Amended 3-11-1993 by L.L.
No. 1-1993]
All private or semiprivate swimming, bathing or wading pools, ponds
or tanks above or below the ground of 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.
The installation of an aboveground swimming pool which requires less
than one foot of 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.
A swimming pool shall be deemed to be a structure under Chapter 130, Zoning, of this Code, and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
[Amended 3-11-1993 by L.L.
No. 1-1993]
B.
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.
C.
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 and similar organizations, must comply
with the New York State Department of Health regulations.
D.
The building line of the pool shall be considered to
be its inside wall.
A.
Building permit required. Before any swimming pool is
moved, placed, erected, assembled or excavated upon a lot, or created by damming
a stream, a building permit shall be required. If a building permit is obtained
for a swimming pool, said building permit shall be deemed to satisfy the building
permit requirements for a fence surrounding said swimming pool.
[Amended 3-11-1993 by L.L.
No. 1-1993]
B.
Additions and alterations. 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 this Code and all other rules and regulations of the Town and shall
not unduly interfere with the use or enjoyment of the adjacent property.
[Amended 3-11-1993 by L.L.
No. 1-1993]
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 15 feet from any side yard line and 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 or increasing of this
distance.
E.
Not endanger the health and/or safety of its user and
must not unduly interfere with the use and enjoyment of the adjacent property.
A.
Design and construction. The swimming pool shall be designed
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.
Filtering equipment. The swimming pool shall be required
to have adequate equipment to properly recirculate, filter, algicide and germicide
the water of the pool with provisions and instructions for the maintenance
of the same.
C.
Ladder or steps. The swimming pool must be equipped with
proper safeguards for users of the pool. At least one ladder not more than
two feet from the bottom of the pool, steps or the equal 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 width or 1/2 of the swimming pool's diameter,
depending on the type of 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.
Referral to Code Enforcement Officer. The Town Code Enforcement
Officer shall pass upon the safety and adequacy of the design, materials,
construction and equipment of all swimming pools. In doing so, he may be guided
by the minimum standards for residential pools of the National Swimming Pool
Institute.
[Amended 9-8-2005 by L.L. No. 3-2005]
F.
Height. 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.
Plumbing. Where applicable, all plumbing must conform
to the plumbing regulations of the New York State Uniform Fire Prevention
and Building Code.
[Amended 3-11-1993 by L.L.
No. 1-1993]
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)
No drainage shall be permitted over adjoining property
without the permission or consent of the owners.
[Amended 9-8-2005 by L.L. No. 3-2005]
Swimming pools shall comply with Section 3109 of the Building Code of
New York State and §302.7.2 of the New York State Property Maintenance
Code.
A.
Conformance with state code. All lighting and electrical
work shall conform to the New York State Uniform Fire Prevention and Building
Code and shall be inspected and approved by the New York State Board of Fire
Underwriters or other qualified inspection agency approved by the Town. Also,
all underground wiring and lighting shall be of low voltage.
[Amended 3-11-1993 by L.L.
No. 1-1993; 9-8-2005 by L.L. No. 3-2005]
B.
Disturbance of adjoining property owners prohibited.
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
and/or the illumination of adjacent property, among other things, will be
sufficient to constitute an annoyance.
C.
Safety restrictions. 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 Town.
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.
A person who shall violate any provision of this chapter or fails to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall be punished as provided under Chapter 130, Zoning, and § 268 of the Town Law of the State of New York.
