[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 95 of the 1974
Code. Amendments noted where applicable.]
[Amended 3-16-2010 by L.L. No. 1-2010]
For the purpose of this chapter, the terms used
herein are defined as follows:
The Building Inspector of the Town of Clarkstown, also known
as the "Chief Code Enforcement Officer."
Any structure intended for swimming or recreational bathing
that is capable of holding water over 24 inches deep. This includes
in-ground, aboveground and on-ground swimming pools, hot tubs and
spas.
All outdoor swimming pools are required to meet
the following regulations:
A.
No permanently installed swimming pool capable of
holding 24 inches or more of water shall be constructed, installed,
enlarged or altered unless a building permit is issued therefor. The
applicant shall provide the Building Inspector with a plot plan showing
the location of the pool, plans and specifications in detail, subject
to the approval of the Building Inspector. Fees are to be charged
for said permit by the Building Inspector.
[Amended 3-16-2010 by L.L. No. 1-2010]
B.
All pools over 24 inches in depth shall be completely
enclosed by a fence constructed of materials, whether artificial or
natural, which shall be durable enough to prevent the entrance into
the pool area by any persons. If of wire mesh construction, this fencing
is not to have a linkage of more than two inches in diameter and shall
be nonclimbable. The entrance gate or gates shall have a closing device
with protective fastening latch and a lock. Fence height shall be
a minimum of four feet and a maximum of six feet for a private pool,
and seven feet for club or commercial pools. Fence location shall
be subject to the approval of the Building Inspector; provided, however,
that the owners of pools which are not permanently installed may elect
to use a pool cover instead of a fence. The pool cover must be of
durable material and of sufficient tightness so as to prevent the
entrance of a person into the pool when secured; provided, however,
that the owners of aboveground pools whose solid walls are a minimum
of 48 inches above grade measured at a point 36 inches from the wall
of the pool and prevent entrance to the pools except by an entrance
ladder shall be deemed as complying with the fencing requirements
of this subsection. During the periods that swimming pools containing
water are not in use and are unattended, the gate in a fence shall
be locked or the pool cover affixed in place or the ladder removed
from a pool which can only be entered by means of a ladder, so that
no entry into the pool can be made by any person.
[Amended 3-16-2010 by L.L. No. 1-2010]
C.
The owners of all permanently installed pools shall
submit to the Building Inspector site lighting, if installed or to
be installed, and plumbing plans which shall comply with the Building
Code of the Town of Clarkstown.[1] Drainage shall be only into an approved storm sewer or
watercourse or in a manner which does not drain into neighboring property
through the ground.
D.
No pool walls, heaters or filters shall be located
within 10 feet of an adjoining residentially zoned lot.
[Amended 9-11-1991 by L.L. No. 6-1991]
F.
Club swimming pools shall be permitted only as an
accessory structure to a membership club in the zoning district where
said club is a permitted use and subject to the area and yard requirements
of that district.
G.
Private pools shall not be located within a front
yard in any residential district.
H.
All appurtenant structures, installations and equipment,
such as showers, dressing rooms, equipment houses or other buildings
and structures shall comply with all applicable requirements of the
Building Code and Zoning Ordinance of the Town of Clarkstown.
I.
In addition to the other regulations set forth above,
all pools shall conform to the requirements of the New York State
Uniform Fire Prevention and Building Code.
[Added 9-11-1991 by L.L.
No. 6-1991]
J.
Pool alarms.
[Added 3-16-2010 by L.L.
No. 1-2010]
(1)
All
residential and commercial swimming pools installed, constructed or
substantially modified after December 14, 2006, shall be equipped
with an approved pool alarm which:
(a)
Is capable of detecting a child entering the water and giving an
audible alarm when it detects a child entering the water.
(b)
Is audible poolside and at another location on the premises where
the swimming pool is located.
(c)
Is installed, used and maintained in accordance with the manufacturer's
instructions.
(d)
Is classified by Underwriter's Laboratory, Inc., to reference standard
ASTM F2208.
(e)
Is not an alarm device which is located on a person or persons or
which is dependent on devices located on a person or persons for its
proper operation.
(2)
A pool
alarm installed pursuant to this subsection must be capable of detecting
entry into the water at any point on the surface of the swimming pool.
More than one pool alarm shall be installed to ensure detection capability
at every point on the surface of the swimming pool.
[Amended 4-28-1976 by L.L. No. 3-1976; 3-16-2010 by L.L. No. 1-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any
provision of this chapter shall be punished by a fine of up to $2,500.
Any person found guilty of a second offense of any provision of this
chapter within 18 months of the date of the first conviction shall
be punished by a fine of not less than $2,500 and not more than $5,000.
Any person found guilty of a third offense of any provision of this
chapter within 18 months of the date of the second conviction shall
be punished by a fine of not less than $7,500 and not more than $10,000.
Any person found guilty of a fourth or subsequent offense of any provision
of this chapter within 18 months of the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
