[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]
[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.
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.