City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Fulton 7-2-1974 (Ch. 151 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property conservation — See Ch. 475.
Zoning — See Ch. 640.
[Amended 7-5-2011 by L.L. No. 2-2011]
As used in this chapter, the following terms shall have the meanings indicated:
BUREAU
The Bureau of Code Enforcement.
SWIMMING POOL
Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches deep at any point. This includes in-ground, aboveground and on-ground pools, indoor pools, hot tubs, spas and fixed-in-place wading pools. NOTE: A pool which is capable of containing more than 24 inches of water is a swimming pool even if the pool is filled to a depth of less than 24 inches.
[Amended 5-5-1981]
It shall be unlawful to establish or construct a swimming pool without first obtaining a building permit in the manner herein prescribed:
A. 
No person shall construct or install a private swimming pool without having first applied for and secured approval of the issuance of a building permit from the Bureau.
[Amended 7-5-2011 by L.L. No. 2-2011]
B. 
The application shall include and be accompanied by a sketch or plans indicating pool dimensions, depths, water volume in gallons, distance of pool from all boundary lines, existing structures, pool construction, type of drainage and waste disposal facilities and estimated cost.
C. 
The Bureau shall issue a building permit after reviewing the application and all plans for the swimming pool. The fee for the building permit shall be based on the cost of the installation and is provided in the schedule listed in § A700-2A of the Code of the City of Fulton.
[Amended 10-30-1991 by L.L. No. 4-1991; 7-5-2011 by L.L. No. 2-2011]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
FRONT YARD BUILDING LOT LINE
An imaginary line running from property line to property line, parallel to and abutting the principal building.
[Amended 9-1-1998 by L.L. No. 9-1998]
B. 
Corner lots. On a corner lot in any residentially zoned district, a swimming pool requiring a permit shall be located entirely within the rear or side yard or combination thereof and shall be no closer than five feet to the side or rear property lines and at no time closer than five feet to any front yard building lot line.
[Amended 10-30-1991 by L.L. No. 4-1991; 9-1-1998 by L.L. No. 9-1998]
C. 
Front yard. No pool shall be constructed and/or erected in any front yard.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
A. 
Every swimming pool shall be provided with fencing and/or barriers. The fencing and/or barrier shall comply with the requirements set forth in the New York State Uniform Fire Prevention and Building Code.
B. 
All gates and/or doors opening through such fence and/or barrier shall comply with the New York State Uniform Fire Prevention and Building Code.
C. 
An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa, shall be surrounded by a temporary barrier during installation or construction as required by the New York State Uniform Fire Prevention and Building Code. This temporary barrier shall remain in place until a permanent fence in compliance with the New York State Uniform Fire Prevention and Building Code is provided.
A. 
Every pool shall be constructed of materials sufficient to ensure against collapse thereof and leakage of water therefrom.
B. 
Filter pumps and other mechanical devices used in connection with any pool shall be located in order not to interfere with the comfort, repose, health, peace or safety of the adjoining premises.
Lights used to illuminate any private swimming pool shall not become a nuisance or annoyance to adjoining premises.
No pool or discharge water shall drain upon the lands of the adjoining premises.
No person using a private swimming pool shall indulge in disorderly or noisy or disturbing conduct or act in any manner so as to annoy, disturb or be offensive to any neighboring householder.
If the use of any private swimming pool shall be abandoned or permanently discontinued, the owner shall see that no potential hazard exists.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
Private swimming pools existing on the effective date of this chapter shall comply with whatever sections of this chapter are deemed necessary by the Bureau within 30 days.
In the event of a denial of the application, the applicant may request a hearing before the Zoning Board of Appeals to consider a variance or waiver of any provision of this chapter. No right of hearing shall be denied any applicant. The hearing shall be scheduled as soon as possible, and the Zoning Board of Appeals may refrain from the advertising of the hearing by personally contacting all owners of the adjoining premises. Immediately after the hearing, the applicant shall be notified in writing of the decision.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
It shall be the duty of the Bureau to enforce the provisions of this chapter. A Bureau inspector may enter upon the premises during any business hours to obtain compliance with the provisions of this chapter.
[Amended 5-5-1981]
A. 
Any person, association, partnership, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense hereunder.
[Amended 10-30-1991 by L.L. No. 4-1991]
B. 
In case of a violation of this chapter, the City and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.