This article shall be known and may be cited as the "Swimming
Pool Law of the Incorporated Village of Westbury."
For the purposes of this article, the terms used herein are
defined as follows:
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code
[9 NYCRR Subtitle S, Chapter I, as amended from time to time (NYS
Building Code)], duly adopted by the Incorporated Village of Westbury.
BUILDING INSPECTOR
The Senior Building Inspector or Superintendent of Buildings
of the Incorporated Village of Westbury.
BUILDING PERMIT
A permit issued by the Building Inspector, in the manner
prescribed by this chapter, for the construction, installation, erection,
alteration, modification or demolition of or change in any swimming
pool in the Village.
It shall be unlawful to construct, erect, install, modify, alter, demolish or change any below-ground swimming pool or any aboveground swimming pool or to permit any of such acts without first obtaining a building permit in the manner prescribed by Chapter
248, Zoning, Chapter
79, Building Construction, and this article.
The fee for and duration of a building permit, required for the construction, erection, installation, modification, alteration, demolition or change of any below-ground swimming pool or any aboveground swimming pool in the Village of Westbury, shall be as set forth in §
79-19 by the Village Board of Trustees from time to time by resolution. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector.
In addition to the requirements for the issuance of a building
permit set forth from time to time by resolution, no building permit
for a below-ground swimming pool or an aboveground swimming pool shall
be issued by the Building Inspector unless and until:
A. For either a below-ground swimming pool or an aboveground swimming
pool containing in excess of 6,000 gallons, there have been submitted
to the Building Inspector detailed plans and drawings for the swimming
pool to be covered by said permit, duly certified by a licensed professional
engineer that the swimming pool to be constructed, erected, installed,
modified, altered, demolished or changed pursuant to said plans and
drawings contains or is to contain adequate facilities for the maintenance
of the water to be contained therein in a safe and sanitary condition
and that the overflow and drainage systems to be provided are adequate
to dispose of such water without interfering with adjoining properties,
any public water supply system, existing sanitary facilities and the
streets, roads and highways of the Village.
B. For an aboveground swimming pool containing 6,000 gallons or less,
there have been submitted to the Building Inspector detailed plans
and drawings for the swimming pool to be covered by said permit that
the swimming pool to be constructed, erected, installed, modified,
altered, demolished or changed pursuant to said plans and drawings
contains or is to contain adequate facilities for the maintenance
of the water to be contained therein in a safe and sanitary condition
and that the overflow and drainage systems to be provided are adequate
to dispose of such water without interfering with adjoining properties,
any public water supply system, existing sanitary facilities and the
streets, roads and highways of the Village.
C. All of the provisions of the Building Code, Chapter
79, Zoning Code, Chapter
248, this article and any other laws and regulations applicable to the proposed construction, erection, installation, modification, alteration, demolition or change have been complied with.
D. A written statement has been submitted to the Building Inspector certifying that the applicant will properly guard and protect a pool under construction, and until the fencing provisions of §
248-6K(3) and the New York State Uniform Building Code have been complied with.
All lights used to illuminate a swimming pool or swimming pool
area shall be shielded so as to prevent their shining upon the property
of any adjacent property owner.
In addition to the penalties provided for violation of any of
the chapters of this Code, the Building Inspector is hereby empowered
to drain any swimming pool and compel the removal of any pool that
fails to meet the requirements of this chapter and the New York State
Building Code as to construction, maintenance, fencing, water disposal,
lighting, noise control and appurtenances. The cost of such drainage
or removal shall be assessed against the real property on which the
pool is located. The costs so assessed shall constitute a lien and
charge upon such real property until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other charges, taxes and assessments of the Village of Westbury.
This statute shall not supersede the New York State Uniform Fire Prevention
and Building Code, which Code shall be applicable in the case of any
swimming pool installation.