[HISTORY: Adopted by the Town Board of the Town of Kinderhook 5-8-1980 by L.L. No. 2-1980 (Ch. 65 of the 1978 Code). Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as follows:
- Includes corporations, companies, associations, societies, firms and partnerships, as well as individuals.
- PORTABLE POOL
- Any above-surface-type pool of more than 75 cubic feet capacity, not stationary or fixed but capable of being removed for storage.
- PRIVATE SWIMMING POOL
- Any pool of water having a water depth in excess of 18 inches and an area greater than 75 square feet, designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; it shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes nor baths used for cleansing of the body or practice of the healing arts.
- WADING POOL
- Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 18 inches.
Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
[Amended 11-8-1991 by L.L. No. 5-1991]
It shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.
Where a picket-type fence is provided, horizontal openings between pickets shall not exceed four inches.
Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches.
The enclosure shall be constructed so as not to provide footholds.
Pickets and chain-link twists shall extend above the upper horizontal bar.
Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at the top of the posts, respectively. Enclosure fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching, with the latch handle located within the enclosure and at least 40 inches above grade.
A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:
Where an aboveground pool has a deck which abuts or is adjacent to a dwelling and direct access to the deck is through the exterior wall of the dwelling, such access shall be in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code.
All persons now owning or maintaining any outdoor swimming pool shall be and hereby are granted a period of two years after the effective date hereof within which to enclose the same as herein provided, except that any such person now owning or maintaining an outdoor swimming pool presently enclosed by a fence or barrier which substantially complies with the requirements of this section shall be exempted from the strict requirements thereof to substantially alter, remove, replace or rebuild such fence upon obtaining from the Building Inspector a certificate of substantial compliance, as hereinafter provided:
"Substantial compliance," for the purpose of this section, shall mean and include any fence or barrier which, now or hereafter, shall be maintained at a minimum height of 36 inches above grade, have no opening, mesh, hole or gap larger than four inches in any dimension and does not have any projections at any point on its outer surface.
A certificate of substantial compliance may be granted by the Building Inspector within 90 days after the effective date hereof upon payment of an inspection fee of $1 and written application to and establishing to the satisfaction of the Building Inspector, in such a manner as shall be prescribed by said Building Inspector, that the applicant's fence is maintained in substantial compliance with the requirements of this section.
Every private swimming pool constructed, installed established or maintained in the Town of Kinderhook shall at all times comply with the provisions of this chapter and any amendment thereto. Any nuisance or hazard to health which may exist or develop, in consequence of or in connection with any such private swimming pool, shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located, upon receipt of notice from the Building Inspector.
It shall be the duty of the Building Inspector of the Town of Kinderhook to investigate alleged violations of this chapter and enforce the provisions of same.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.