As used in this chapter, the following terms shall have the
meanings indicated:
CLUB SWIMMING POOL
An artificial facility for swimming, operated for members
and their guests.
COMMERCIAL SWIMMING POOL
An artificial facility for swimming, operated for gain or
in conjunction with any commercial enterprise and open to the public.
PERMANENTLY INSTALLED POOL
One which is affixed into the ground or which rests on top
of the ground and which has a wall height or maximum water depth exceeding
18 inches and a surface area exceeding 120 square feet.
PRIVATE SWIMMING POOL
An artificial facility for swimming which is an accessory
use to a residential building. Such pool shall be for the exclusive
use of the occupants of the principal residential building and their
guests.
SWIMMING POOL
A body of water in an artificial or semiartificial receptacle
located outdoors and having a wall height or maximum water depth,
whichever is greater, exceeding 18 inches and with a surface area
exceeding 120 square feet.
WADING POOL
Any pool having a wall height or maximum water depth, whichever
is greater, not exceeding 18 inches, and with a surface area not exceeding
120 square feet.
Swimming pools which will be operated for gain or for which
an admittance fee or membership fee will be charged and swimming pools
which will be operated for the membership of clubs, lodges and similar
organizations shall be permitted only under license of the Common
Council of the City of Glens Falls and under such safeguards as the
Common Council may require. They will, in addition, be constructed
and operated in accordance with the State Uniform Fire Prevention
and Building Code of the State of New York and with the Sanitary Code
of the State of New York.
Private swimming pools may be installed only as accessory to
a dwelling for the private use of the owners or occupants of such
dwelling and their families and guests and only on the conditions
provided in this chapter.
No swimming pool shall be installed or maintained out of doors
unless:
A. The owner of a proposed permanently installed pool submits to the
Building Inspector a proposed site plan for the installation of such
pool prior to construction.
B. Such pool is installed in the rear yard of the premises and the water
surface of such pool shall occupy not more than 40% of the open area
of the rear yard not occupied by other accessory buildings and is
in compliance with all side and rear yard requirements of the State
Uniform Fire Prevention and Building Code and the Zoning Ordinance.
C. Such pool is completely surrounded by a substantial nonclimbable
fence constructed of natural or artificial materials. Such fence shall
be not less than four feet in height and not more than six feet in
height for a private pool, commercial pool or club pool. Such fence
shall be supported with posts firmly embedded at intervals of not
more than eight feet. If of wire-mesh construction, this fencing shall
not have openings, holes or gaps larger than two inches in diameter
and shall be of a gauge not more than 12. A dwelling house or accessory
building or structure may be used as part of such enclosure. The owners
of aboveground pools whose solid walls prevent entrance to the pools
except by an entrance ladder shall be deemed to comply with the fencing
requirements of this chapter.
D. No pool wall or related structure shall be located within eight feet
of an adjoining lot line.
E. Where commercial or club pools are installed, said pools shall comply
with the area, yard and other requirements of the Zoning Ordinance for those districts.
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 district.
H. All gates or doors opening through enclosures around the swimming
pool shall be equipped with a self-closing and self-latching device
for keeping the gate or door securely closed at all times when the
owner or occupant of the premises is not present at the swimming pool,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped. Such self-latching device shall be placed
as high as possible on the gate to ensure its being out of reach of
small children.
I. An open and unobstructed maintenance area of at least three feet
in width shall be maintained between the fencing and the side walls
of the pool.
No loudspeaker device, public-address system or other sound
device which can be heard beyond the lot lines of the premises in
which any outdoor swimming pool is situated may be operated in connection
with such swimming pool, nor any lighting installed in connection
therewith which throws rays beyond lot lines.
Any appeal from a decision of the Building Inspector shall be
made to the Zoning Board of Appeals.
The plans and specifications shall contain a certification by
the installer that if the water for a swimming pool is supplied from
a private well, there is no cross-connection with the public water
system; that if the water for such pool is supplied from the public
water supply, the inlet shall be above the overflow level of the pool;
that the drain of such swimming pool is adequate and within the subject
premises and will not interfere with the public or private water supply
system, with existing sanitary facilities or with the public highway;
and that the construction meets the minimum requirements of the State
Uniform Fire Prevention Building Code.
Every swimming pool shall be used and maintained in accordance
with the provisions of the New York State Sanitary Code and the rules
and regulations of the City of Glens Falls Health Department.
Every owner of every swimming pool shall chemically treat the
water in a manner sufficient to maintain the bacterial standards established
by the provisions of the State of New York Sanitary Code relating
to public swimming pools.
The fencing requirements and loudspeaker and lighting restrictions of this chapter shall apply to existing pools within the City of Glens Falls, and the owners of said pools shall have 60 days to comply with these requirements from the effective date of this chapter. In addition, the drains of such existing pools shall be within the subject premises, in accordance with §
194-8 of this chapter, and owners shall comply with this provision within 60 days of the effective date of this chapter.
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of an offense and, upon conviction,
shall be subject to a fine of not more than $250 or imprisonment for
a term of not more than 15 days, or both. Each week's violation
shall constitute a separate and additional violation. Notwithstanding
the penalty hereinbefore provided, the City of Glens Falls may enforce
obedience to this chapter or any part thereof by injunction to restrain
such violation.