[HISTORY: Adopted Malone Village Board 6-14-1982 by Local Law
No. 4, 1982. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 66.
The Board of Trustees of the Village of Malone recognizes that
the regulation of the establishment, construction, maintenance and
use of swimming pools is a matter of public importance, primarily
as it concerns public safety. This local law shall be read and construed
with due regard to the foregoing statement of purpose. For this reason
the Board of Trustees has determined that the adoption of this local
law is in the best interests of the village and its residents. It
is not the intent of the Board of Trustees to require pool owners
to guarantee the safety of pool users. Rather, it is intended to require
certain safeguards which the Board of Trustees believes will minimize
the risks involved.
As used in this local law, the following terms shall have the
meanings indicated:
Any of the following mechanisms creating a restraint or obstruction
between a swimming pool and any human being or animal seeking to make
use thereof.
FENCEAny enclosure maintained in good condition and constructed of wire mesh of not less than 14 gauge, chain link wire, woven wood, brick, stone or other similar materials and erected for the purpose of and capable of impeding access to a swimming pool. A fence constituting a barrier shall be so constructed as not to have openings, holes or gaps larger than five inches and shall commence within not more than four inches of the surface or ground. Any fence or hedge constituting a barrier shall be not less than four feet in height, measured from ground or surface level.
HEDGEAny natural, vegetative growth planted and maintained so as to be capable of impeding access to a swimming pool.
COVERAny man-made device capable of covering the entire area of a pool, including the area between the surface level of the water and ground level, and which is capable of impeding access to a swimming pool.
The Building Inspector of the Village of Malone or any duly
appointed deputy.
A document issued by the Building Inspector in the manner
prescribed by this local law and approving the construction, installation,
alteration, modification, change, demolition or abandonment of any
swimming pool in the village.
Any individual, corporation, association, organization, firm
or partnership.
Any aboveground type, artificially constructed pool, not
stationary or fixed in location, capable of being removed for storage
and intended for use primarily by children for swimming, bathing or
wading, with a maximum surface area of 100 square feet and a maximum
water depth of 18 inches.
Any man-made receptacle, structure, excavation or depression
which is designed or intended for the purpose of immersion or partial
immersion of human beings and which is capable of retaining at any
point water to a depth of more than 18 inches and which has a surface
area of greater than 100 square feet. There shall be excluded from
the definition of "swimming pool" any natural brook, river, stream,
pond or lake and any man-made body of water fed by any natural brook,
river, stream or spring, including but not limited to the facilities
of the Malone Recreation Commission.
The Village of Malone, New York.
The Zoning Ordinance of the Village of Malone, New York.[1]
A.
It shall be unlawful for any person to construct, install, alter,
modify, change, demolish or abandon a swimming pool within the village
without having first applied for and received a permit from the Building
Inspector.
B.
The application for a permit shall be made on forms provided for
that purpose by the village. The application shall include and/or
be accompanied by:
(1)
A sketch or plan indicating the design, shape and dimensions of the
swimming pool; the distance of the swimming pool from all boundary
lines and existing structures; and the type and location of any required
barrier.
(2)
The water volume of the swimming pool in gallons and the depth or
depths of the pool.
(3)
The type of pool construction, that is whether above-ground or in-ground.
(4)
The type of filtration system.
(5)
The type of drainage facilities.
(6)
The source of water supply.
(7)
The details of any electrical circuitry and devices.
(8)
The estimated cost.
(9)
The signature of the applicant or his or her duly authorized agent.
(10)
Such other information as the village may from time to time reasonably
require.
(11)
The application fee for a permit which shall be fixed from time to
time by resolution of the Board of Trustees of the village.
C.
The Building Inspector shall review the application and issue a permit
immediately upon examining the application, verifying compliance with
the provisions of this local law and accepting the fee.
D.
Any swimming pool which shall hold in excess of 15,000 gallons of
water shall first be subject to approval by the Board of Trustees
of the village for that purpose only. The application for the permit
to construct shall be referred by the Building Inspector to the Board
of Trustees of the village. Upon approval by the Board of Trustees
of the village, the application shall be returned to the Building
Inspector for processing.
[Amended 6-24-1985 by L.L. No. 4, 1985]
E.
It shall be unlawful for any person who owns a swimming pool to allow
any person (including the owner) to use any swimming pool within the
village which has been constructed, installed, altered, modified or
changed pursuant to a permit granted under this local law without
the owner thereof first having notified the Building Inspector who
shall inspect the swimming pool and who shall endorse the permit to
allow the use of the pool, upon satisfactory proof of its completion
in accordance with this local law and in accordance with any other
applicable laws, ordinances or regulations.
A.
In the event that the Building Inspector shall deny an application
for a permit or shall refuse to endorse a permit for use, the applicant
may appeal the denial to and request a hearing before the Zoning Board
of Appeals of the village to review the reasons for the denial or
to request a waiver of or a variance from any provisions of this local
law.
B.
The request for a hearing shall be made in the same manner as a request for a hearing upon a denial of an application for a building permit or a certificate of occupancy pursuant to Chapter 66 of the Code of the village. The procedure followed by the Zoning Board of Appeals of the village shall be the same as followed for a hearing upon a denial of an application for a building permit or a certificate of occupancy pursuant to Chapter 68 of the Code of the village.
C.
The request for a hearing shall also set forth in detail either:
D.
The Zoning Board of Appeals of the village, upon a finding that the
permit or endorsement was improperly denied, shall grant the permit
and/or direct its endorsement; or upon a showing that the applicant
would be deprived of or denied the reasonable use of his or her land,
and a finding that the circumstances of the applicant do not require
the strict application of this local law, and a determination that
the granting of a variance or a waiver will not detract from the general
purposes of this local law or endanger the security, safety, health
and general welfare of the village or its residents, may grant a waiver
of or a variance from the requirements of this local law. The Zoning
Board of Appeals may attach conditions or limitations to any waiver
or variance so granted.
A.
Establishment of swimming pools.
(1)
All new swimming pools and any facilities in connection therewith
shall be located and constructed in conformity with the plans approved
by the Building Inspector.
(2)
All new swimming pools shall comply with the requirements of Chapter 66 of the Code of the village relating to accessory structures and dwellings except that the lot area occupied by said swimming pools shall not be included in computing the percentage of lot area which may be built upon.
(3)
No new swimming pool shall be constructed, erected, installed, placed
or otherwise situated within a twenty-foot radius of any above-ground
electrical power wires, cables or lines or over any waterline or sewer
line owned by the village.
(4)
All new swimming pools erected and/or constructed pursuant to this local law shall comply with the same requirements for setback distances as found in Chapter 66 of the Code for the erection of structures in the various zoning districts of the village.
(5)
Any new structures or devices connected with the installation, maintenance
or operation of a swimming pool, including but not limited to concrete
or wood patio areas, pumps and filtration enclosures, bathhouses and
cabanas shall also comply with the setback requirements of the Zoning
Law.
(6)
Filling
of all new swimming pools erected and/or constructed is subject to
approval of the Village Board of Trustees dependent upon submission
of the proper documentation, including number of gallons of water
requested, the cost of which is subject to the Village water rates
per metered gallon at the time of filling.
[Added 7-28-2021 by L.L. No. 8-2021]
B.
Construction of swimming pools.
(1)
Pool walls and floors shall be constructed of an impervious material
which shall provide a secure tank and shall be of sufficient strength
to contain the water therein without collapse or leakage.
(2)
All pools shall be constructed in such a manner that all water, either
overflowing or emptying from same, shall be disposed of on the owner's
land and not upon the lands of the adjoining premises.
(3)
All electrical circuits connected to any electrical device, including
but not limited to duplex outlets, pumps, in-pool and general lighting
and filters, shall be protected by ground-fault interrupters of a
type accepted by Underwriters' Laboratories, Inc.
(4)
Filling
of all swimming pools is subject to approval of the Village Board
of Trustees dependent upon submission of the proper documentation,
including number of gallons of water requested, the cost of which
is subject to the Village Water rates per metered gallon at the time
of filling.
[Added 7-28-2021 by L.L. No. 9-2021]
C.
Maintenance and use requirements of swimming pools.
(1)
Filters, pumps and other mechanical devices used in connection with
any pool shall be so located as not to interfere with the comfort,
repose, health, peace or safety of the residents of the adjoining
premises.
(2)
All lights used to illuminate a swimming pool, swimming pool area
or any outdoor area, whether or not associated with a swimming pool,
shall be shielded so as to prevent their shining upon the property
of any adjacent property owner and becoming a nuisance or annoyance
to residents of the adjoining premises.
(3)
Filling
of all swimming pools is subject to approval of the Village Board
of Trustees dependent upon submission of the proper documentation,
including number of gallons of water requested, the cost of which
is subject to the Village Water rates per metered gallon at the time
of filling.
[Added 7-28-2021 by L.L. No. 10-2021]
A.
Every swimming pool, the construction of which shall have been commenced after the effective date of this local law, shall be protected by a fence-type barrier. Every other swimming pool, the construction of which shall have been commenced prior to the effective date of this local law, shall be protected by a barrier as defined by § 51-2 of this local law. A dwelling or accessory building may be used as a part of such fence or other barrier.
B.
With respect to those pools having less than 3/4 of their water content,
by volume, below the level of the surrounding ground:
(1)
Said pools need not be protected by a barrier if their walls or sides,
together with any structure attached to the top of the walls or sides,
are at least four feet above the level of the ground or surface and
no part of the walls or sides of such pool are recessed into the ground
or abut a rise in the ground, a sundeck, promenade or other structure
from which access to such pool may be had.
(2)
In all other cases, such pools shall be protected by a barrier, as required in Subsection A of this section, between such points where the pool wall is recessed into or abuts the ground or other structure, unless such ground or structure shall be so contoured or constructed as to not be climbable for a height of four feet above the bottom level of the ground or surface or between such points where access to such pool may be otherwise had.
(3)
Any stems or ladders used to gain access to any such pool, if not
within an area protected by a barrier, shall be removed from such
pool, retracted to a height of four feet above ground or otherwise
secured so as not to be able to be used for access to the pool when
the pool is not in use.
C.
All gates or doors opening through such fences or hedges to aboveground
and in-ground swimming pools shall be equipped with a safety latch
device designed to keep and capable of keeping the gate or door securely
closed when not in use.
If the use of any swimming pool shall be abandoned or permanently
discontinued, the owner shall see that any excavated depressions shall
be filled in and that no potential hazard exists.
The Board of Trustees of the village reserves the right to withhold
the use of water from the village water supply system for the filling
of any swimming pools whenever it deems necessary and advisable for
the preservation of the water supply and the water supply system to
the village.
This local law shall be enforced by the Building Inspector.
The provisions of this local law shall apply to existing pools
as follows:
A.
Any person committing an offense against any provision of this local
law shall be guilty of a violation punishable by a fine not exceeding
$250.
B.
In addition to the above-provided penalties and punishment, the Village
Board may also maintain an action or proceeding in the name of the
village in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such local law.
If any clause, sentence, paragraph or section of this local
law shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not impair or invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph or section directly involved in the
controversy in which said judgment shall have been rendered.
This local law shall take effect immediately upon filing with
the Office of the Secretary of State of the State of New York.
