[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 37 of the 1964 Code. Amendments noted where applicable.]
[Amended 5-5-2009]
It shall be unlawful to construct, install, enlarge or maintain any outdoor swimming pool in the Town of Smithtown except in compliance with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code in its entirety.
[Amended 7-22-1969; 5-5-2009]
As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
A receptacle for water or an artificial pool capable of holding water to a depth at any point of more than 24 inches deep at any point, designed or intended for the purpose of immersion or partial immersion therein and including all appurtenant equipment. The word "pool" shall be construed to mean in-ground, above-ground and on-ground outdoor water pools, hot tubs and spas that are installed or constructed indoors or outdoors.
[Amended 9-16-1969; 5-8-2007; 5-22-2025 by Res. No. 2025-566]
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal or improvement of any pool, or cause the same to be done, without first obtaining a separate permit from the Chief Building Inspector for each said pool, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
Pool walls and floors shall be constructed of any impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein.
[Amended 5-8-2007; 5-22-2025 by Res. No. 2025-566]
A. 
All drawings and plans for the construction, installation, enlargement or alteration of any pool shall be submitted to the Chief Building Inspector for examination and approval as to proper location and construction.
B. 
Plans and drawings shall show lot lines and shall include information pertinent to the pool, fence construction, water supply system, drainage, water disposal system and all appurtenances as well as detailed plans and vertical elevations.
C. 
Pools, appurtenances, water supply and drainage systems and fences shall be constructed in conformity with the approved plans.
All water either overflowing or emptying from the pool shall be disposed of on the owner's land, and plans submitted shall show provisions made for such water from flowing on the land of any adjoining property owner or into any abutting street.
[Amended 9-21-1965; 4-20-1982; 9-24-1985; 5-8-2007; 1-19-2012]
All pools shall be completely and continuously surrounded and enclosed by a permanent durable wall, barrier or fence in accordance with the New York State Uniform Fire Prevention and Building Code requirements.
[Added 7-26-1983; amended 5-5-2009]
During the construction, installation, enlargement or alteration of any swimming pool, the swimming pool shall be enclosed by a temporary enclosure in accordance with the New York State Uniform Fire Prevention and Building Code.
All pools shall comply with the requirements of the Building Zone Ordinance[1] of the Town of Smithtown relating to accessory buildings, except that the lot area occupied by such pools shall not be included in computing the percentage of lot area which may be built upon.
[1]
Editor's Note: See Ch. 322, Zoning.
All lights used to illuminate the pool or pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.
Any person, firm, association or corporation violating any of the provisions of any ordinances of the Town of Smithtown shall be guilty of an offense punishable by fine or imprisonment, or both. However, for the purpose of confirming jurisdiction upon the courts and judicial officers, such violations shall be deemed to be misdemeanors, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of any ordinance of the Town of Smithtown shall be subject to a penalty in a sum not exceeding $50 for the first such violation and in a sum not exceeding $100 for any subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Smithtown as damages.