This chapter shall apply to all private swimming pools in the Village installed, constructed or altered after January 1, 1977, and shall be referred to as the "Private Swimming Pool Control Law."
[HISTORY: Adopted by the Board of Trustees of the Village of New Hartford 1-4-1977 by L.L. No. 1-1977 (Ch. 47 of the 1971 Code). Amendments noted where applicable.]
The words, terms or phrases listed below, for the purpose of this chapter, shall be defined as follows, except when the context requires a different meaning:
Any private swimming pool, the walls or sides of which extend at least four feet above ground level.
Building or installing a new swimming pool or enlarging or maintaining an existing swimming pool or any of its facilities.
Any private swimming pool, the walls or sides of which extend at least four feet below ground level.
Includes private corporations, companies, associations, societies, firms and partnerships, as well as individuals.
Any pool of water having a water depth in excess of two feet and an area greater than 75 square feet designed, used and maintained for swimming purposes by a person for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; also, fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading; and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes nor baths used for the cleansing of the body or the practice of the healing arts.
No private swimming pool shall be installed, constructed or substantially altered until a building permit therefor has been issued by the Code Enforcement Officer. The 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 Code Enforcement Officer.
No building permit for the construction, erection or substantial alteration of a private 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 boundaries, the existing buildings and water supply system, the drainage and water disposal system and all appurtenances pertaining to the pool. The application shall also describe the manner and method of disposal of wastewater and shall be in compliance with the provisions hereinafter established.
[Amended 9-11-1994 by L.L. No. 1-1994]
Each application shall be accompanied by a fee as set forth from time to time by resolution of the Board of Trustees for each aboveground pool and for each in-ground pool, and no permit shall be issued unless such fee has been paid.
A.
All materials used in the construction of private swimming pools shall be waterproof, whenever possible. The pool shall be designed and constructed so as to facilitate emptying and cleaning. It shall be maintained and operated in such manner as to be clean and sanitary at any time when such pool shall be used and at such times as the same shall be subject to use.
B.
Inlets of the treated water shall be located and spaced so as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides.
C.
It shall be unlawful to use any temporary electrical connections in or about any private swimming pool. All electrical connections shall be of waterproof type, shall bear the Underwriters' Laboratories seal of approval, shall be effectively grounded and shall be in conformity with the National Electrical Code.
A.
There shall be no physical connection between a potable public or private water supply system and such private swimming pool below the maximum waterline of the pool or to a recirculating or heating system of said pool. The pumping system shall be designed to circulate the pool water through the filtering equipment. All water used shall be potable and be subject to all of the laws, rules and regulations of the State of New York and the County of Oneida. The installation, repair and control of plumbing facilities shall comply with all applicable local laws.
[Amended 9-11-1994 by L.L. No. 1-1994]
B.
All circulating units shall have sufficient capacity to recirculate the entire contents of a pool within 24 hours or less.
C.
Any pool having a capacity in excess of 1,100 gallons shall have pumps, filters and disinfecting equipment which shall be subject to the approval of the Code Enforcement Officer.
[Amended 9-11-1994 by L.L. No. 1-1994]
All private swimming pools with water depths of more than two feet shall be provided with the necessary equipment to completely pump out or empty said pool or shall be emptied by providing one drainage outlet, to be installed at the lowest point of said pool, not in excess of three inches in diameter, extending from said pool to either a storm sewer, catch basin, lawn-watering system, adequate dry well or sand-filtering pit on the premises on which said pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Code Enforcement Officer. No private swimming pool drain shall be connected to the sanitary system or to any sewage disposal system. The discharge of said waters shall in no case cause or create a nuisance to the abutting property, and the discharge of waters, either directly or indirectly, upon the property of others shall be deemed a nuisance under the terms of this chapter.
A.
In-ground swimming pool. Every in-ground swimming pool shall be completely surrounded by a wall, fence or other substantial enclosure not less than four feet in height. All such gates or doors opening through such enclosures shall be equipped with self-closing and self-locking devices designed to keep and capable of keeping such door or gate securely closed and locked at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming a part of the enclosure hereinabove required need not be so equipped. Any fences built shall be in compliance with the present fence regulations of the Village of New Hartford.
[Amended 9-11-1994 by L.L. No. 1-1994]
B.
Aboveground swimming pool. An aboveground swimming pool shall be required to be enclosed or fenced, and provide, further, that no part of the walls or sides of such pool are recessed into the ground or abut a rise in the ground, a sundeck, a promenade or a structure from which access to such pool may be had. In the event that any such aboveground pool shall be recessed or shall so abut any such rise in the ground or structure, unless such ground or structure shall be constituted or so constructed as not to be climbable for a height of four feet above the bottom level of the pool, that portion of such pool as is recessed into the ground or abuts a rise in the ground or sun deck, promenade or other structure shall be enclosed with a wall, fence or other substantial enclosure as above described in Subsection A of this section provided between the points where such pool wall adjoins such ground or other structure or around such ground or other structure. Any steps or ladders used to gain access to such pool, if not within such an enclosure, shall be removed from such pool, retracted to a height of four feet above the ground or otherwise secured so as not to be able to be used for access to the pool when the pool is not in actual use.
All private swimming pools with water depths of more than two feet shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to that obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purposes of this section, the use of disinfecting agents approved by the National Swimming Pool Institute or such disinfecting agents as shall meet the same or higher standards shall be deemed in compliance with this section.
A.
No artificial lighting shall be maintained or operated in connection with a private swimming pool in such manner as to be a nuisance or any annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. This provision shall not preclude low-voltage underwater lighting.
B.
No excessive noise or other nuisance which annoys or disturbs the comfort of anyone on neighboring properties shall be permitted in connection with the operation or maintenance of any private swimming pool.
No overhead electrical lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenance.
Unobstructed access areas not less than 36 inches wide shall be provided to extend entirely around the pool. The access area shall be of nonslip construction. The slope of the walk areas shall have a pitch of at least 1/4 inch to the foot, designed so as to prevent back drainage from entering the pool.
Any nuisance which may exist or develop in or in consequence of or in connection with any private swimming pool shall be abated or removed by the owners.
Owners or persons in possession of private swimming pools shall allow the Code Enforcement Officer access to inspect said pool and the appurtenances at any time it may be required by the Board of Trustees of the Village.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any accessory buildings, such as locker rooms, toilets, runways or any other physical facility or equipment incident to the maintenance and operation of any of the above-described, shall be in conformance with the local laws, rules and regulations of the Village.
The Board of Trustees may cause any private swimming pool and drainage system, as defined in this chapter, to be inspected by the Code Enforcement Officer for compliance with the Zoning Law of the Village[1] and all other laws and ordinances of the Village, including this chapter.
Every private swimming pool constructed, installed, established or maintained in the Village shall at all times comply with the requirements of the Public Health Law, the State Sanitary Code, the rules and regulations of the New York State Department of Health and the rules and regulations of the Oneida County Department of Health. Any nuisance or hazard to health which may exist or develop in consequence of, or in connection with, any such private swimming pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located upon receipt of a notice from the Code Enforcement Officer of the Village.
A.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter.
B.
The owner or operator of any pool within the Village shall allow the Code Enforcement Officer access to any private swimming pool and appurtenances thereto for the purpose of inspecting to ascertain compliance with this chapter and all other pertinent Village laws and ordinances at all reasonable times.
If literal enforcement of any provision of this chapter would cause undue hardship or practical difficulties to the owner of any premises, such owner may apply, in writing, to the Board of Zoning Appeals of the Village for a variance excepting said owner from conforming with the requirements of such provision. The Board of Zoning Appeals shall hold a public hearing to afford interested parties an opportunity to express their views thereon and may thereafter grant or deny such applications subject to any additional requirements which it deems necessary to preserve public health and safety and prevent nuisances.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not exceeding $250 for each violation or undergo imprisonment for a term of not exceeding 15 days, or both. Each day a particular violation continues shall constitute a separate violation pursuant to the Penal Law. The Board of Trustees may also enforce this chapter by injunction pursuant to § 20-2006 of the Village Law.
[Amended 9-11-1994 by L.L. No. 1-1994]
Nothing in this chapter shall be deemed to supersede regulations governing pools as set forth in the New York State Uniform Fire Prevention and Building Code.