[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 7-31-1968 as Ch. 57 of the 1967 Code. Amendments noted where applicable.]
This chapter shall be known as "An ordinance providing safeguards
for swimming pools in the Village of Cornwall-on-Hudson."
As used in this chapter, the following terms shall have the
meanings indicated:
The Code Enforcement Officer of the Village of Cornwall-on-Hudson.[1]
[Amended 11-28-1983 by L.L. No. 4-1983]
A structure not fully within a building intended for bathing
or swimming purposes made of any impervious material which has a water
depth in any area of more than 24 inches.
[1]
Editor's Note: Pursuant to a decision by the Village, the
term "Code Enforcement Officer" shall mean a Village of Cornwall-on-Hudson
employee holding the position of Building Inspector, Assistant Building
Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector
or Assistant Fire Inspector (as such positions and appointments may
exist at the particular time).
A.
Within 90 days from the effective date of this chapter, no person,
association or corporation shall maintain a swimming pool within the
Village of Cornwall-on-Hudson without first safeguarding such swimming
pool with a protective fence, said fence to be installed so as to
encompass the entire perimeter of the swimming pool. The fence shall
be structurally sound, durable and maintained in good condition. The
fence shall be a minimum of four feet in height and shall be of wooden
or metal construction so as to be adequate to prevent and prohibit
the entrance into the pool area by children and animals. The entrance
gate or gates shall have a closing device and locking device. Where
there is no gate but a ladder only for entrance, the ladder shall
be removed from the pool area when the pool is not in use and unattended.
B.
Application shall be made to the Code Enforcement Officer for building
permits to construct said fences. There will be no fee for applications
to construct fences around the existing swimming pools.
[Amended 11-28-1983 by L.L. No. 4-1983]
C.
In the case of fences presently existing surrounding existing swimming
pools, the Code Enforcement Officer is hereby authorized and directed
to approve such existing fences, provided that they meet substantially
the spirit and intent of this chapter. In the event that, in the judgment
of the Code Enforcement Officer, the existing fences do not comply
with the spirit and intent of this chapter, then he shall notify the
property owner of his decision and shall direct the construction of
improvements to the fence as, in his judgment, will result in a proper
enclosure of the swimming pool.
[Amended 11-28-1983 by L.L. No. 4-1983]
There shall be no physical connection between a potable, public
or private water supply system and a swimming pool at a point below
the maximum flow line of the pool or to a recirculating or heating
system of a swimming pool unless such physical connection is so installed
and operated that no water can be discharged or siphoned into a potable
water supply system.
A.
Wherever possible swimming pools shall be drained into existing streams
or watercourses. If such cannot be accomplished, then swimming pools
shall be drained into storm sewers.
B.
In the event that swimming pools are to be drained into sanitary
sewers, a written application shall be made to the Village Board for
permission to so drain, with such plans as may be required by the
Village Board upon the advice of the engineers for the Village. No
swimming pools shall be drained into the sanitary sewer system without
the prior consent of the Village Board.
In the event that any person, association or corporation believes
that any or all of the provisions of this chapter should not be applied
to its swimming pool because of special circumstances which would
make the provisions of this chapter inapplicable to any pool and still
not violate the spirit and intent of the chapter, said person, association
or a corporation may apply to the Village Board, in writing, for a
waiver of any or all of the provisions of this chapter. If the Village
Board determines that a case of special circumstances exists and in
the further event that it determines that the spirit and intent of
this chapter, with particular reference to the protection of children,
can be maintained, the Village Board may waive any and all provisions
of this chapter and may attach to said waiver such conditions, including
but not limited to a time limitation for the waiver and the necessity
for future reapplications, as the Village Board may deem proper under
the circumstances.
The installation of any swimming pool within the Village of
Cornwall-on-Hudson shall comply with the provisions of the Zoning
Ordinance[1] of the Village of Cornwall-on-Hudson and, where applicable,
to the provisions of the State Sanitary Code.
[Amended 11-28-1983 by L.L. No. 4-1983]
Any person, association or corporation who himself, or by his
agents or employees, shall violate any of the provisions of this chapter
shall, upon conviction, be guilty of a violation of the Penal Law
and shall be punishable by fine not exceeding $250. In addition to
the above-provided penalty, 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 the terms of this chapter.
