As used in this Article, the following terms
shall have the meanings indicated:
ABOVEGROUND SWIMMING POOL
All swimming pools having all or any section of their exterior
wall above the surrounding ground level.
IN-GROUND SWIMMING POOL
All swimming pools having their entire water surface below
the level of the surrounding ground.
PERMANENT CONSTRUCTION
The installation of an aboveground or below-ground swimming
pool which requires more than one foot excavation for any part of
the pool and/or constructed of concrete, wood, metal or other materials
and/or encircled or partly encircled by deck or platform, any part
of which cannot be dismantled for storage.
SWIMMING POOL
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.
TEMPORARY CONSTRUCTION
The installation of an aboveground swimming pool which requires
less than 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.
An enclosure shall be provided around outdoor
swimming pools which surrounds the pool and accessory equipment only.
Such enclosure shall be at least four feet in height and shall have
a maximum clearance to adjoining grade of two inches, and openings,
if provided, shall prohibit the passage of a two-inch diameter sphere.
Such enclosure shall resist a horizontal force of 50 pounds per foot
applied at a height of four feet. Structural bracing shall be within
the enclosure. Gates or doors shall be self-closing and self-latching
with the latch handle at least 40 inches above grade or located within
the enclosure. Aboveground pools with at least 46 inches between pool
decking or pool top adjoining grade are exempt from this requirement,
provided that access is restricted. A pool less than 24 inches deep
is exempt from this requirement. Every aboveground swimming pool having
an exterior wall 40 inches or more above the ground and which uses
an entrance device other than a simple ladder for entrance to and
exit of 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.
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 Article or who fails to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall be punished therefor as provided in §
145-56B of this chapter and § 268 of the Town Law of the State of New York.