[HISTORY: Adopted by the Town Board of the Town of Potsdam at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABOVEGROUND/ON-GROUND POOL
See "swimming pool."
BARRIER, PERMANENT
A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
BARRIER, TEMPORARY
An approved temporary fence, permanent fence, the wall of a permanent structure, any other structure, or any combination thereof that prevents access to the swimming pool by any person not engaged in the installation or construction of the swimming pool during its installation or construction.
HOT TUB
See "swimming pool."
IN-GROUND POOL
See "swimming pool."
RESIDENTIAL
That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.
SPA, NONPORTABLE
See "swimming pool."
SPA, PORTABLE
A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
SUBSTANTIAL DAMAGE
For the purpose of determining compliance with the pool alarm provisions of this chapter, damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its before-damaged condition would equal or exceed 50% of the market value of the swimming pool before the damage occurred.
SUBSTANTIAL MODIFICATION
For the purpose of determining compliance with the pool alarm provisions of this chapter, any repair, alteration, addition or improvement of a swimming pool, the cost of which equals or exceeds 50% of the market value of the swimming pool before the improvement or repair is started. If a swimming pool has sustained substantial damage, any repairs are considered substantial modification regardless of the actual repair work performed.
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 (610 mm) deep at any point. This includes in-ground, aboveground and on-ground pools; indoor pools; hot tubs; spas; and, fixed-in-place wading pools.
SWIMMING POOL, INDOOR
A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.
SWIMMING POOL, OUTDOOR
Any swimming pool which is not an indoor pool.
No building permit for the erection or maintenance of a swimming pool shall be issued except upon compliance with the following provisions:
A. 
Survey. An application shall be accompanied by a survey showing the exact location of the pool with reference to lot side lines, existing buildings, water mains, electric lines, gaslines and sewer lines. The application shall show the manner and method of disposal of wastewater.
B. 
Enclosures. All pools will be provided with an enclosure that complies with the applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code), as applicable for the specific parcel, and pursuant to § 263-6 this chapter.
C. 
In-ground pools. No building permit for the installation of an in-ground pool shall be issued without these additional safety precautions. A temporary fence, as described in § 263-6A, shall be installed around the perimeter of the pool during construction in any area not covered with a permanent fence.
D. 
Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or on the pool and cast no direct light or reflections onto abutting properties.
E. 
Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenances. All pools shall be grounded and conform to generally accepted and approved Electrical Underwriters Laboratory Standards.
F. 
Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and the fence erected around the pool. Aboveground pools with attached aboveground platforms and fenced shall be acceptable upon compliance with Subsection B of this section.
G. 
Disposal of wastewater. Wastewater shall not be discharged into any public sanitary sewer of the Town of Potsdam. Wastewater shall be prevented from flowing over or into the land of any adjoining property owner or over or into an abutting street.
H. 
Commercial sales. Commercial businesses conducted for the sale and installation of swimming pools and related items shall adhere to all the requirements as set forth for the residential swimming pools. No person conducting a business for the sale of swimming pools and related items shall install or have installed a swimming pool in the Town of Potsdam without first acquiring a building permit as hereinabove provided.
I. 
Existing pools. Existing pools shall be made to conform to provisions of this section. Failure to bring existing swimming pools into conformance with all provisions of this chapter within 120 days after proper notice by the Zoning Officer or his department shall make the owner or lessee guilty of a violation and, upon conviction thereof, punishable by a fine of not more than $250 per week or imprisonment for a term not exceeding 15 days, or both. Each week's continued violation shall constitute a separate and additional violation. Such fines shall be collected as like fines or penalties are by law collected.
J. 
Abandonment. Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed and the Zoning Officer notified thereof.
A. 
In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPI-5.
B. 
Aboveground and on-ground pools. Aboveground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI-4.
A. 
Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 (Standard for Permanently Installed Residential Spas, 1999).
B. 
Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6.
Pursuant to Section R326.5 of the Uniform Code, these requirements shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drowning and near-drowning by restricting access to swimming pools, spas and hot tubs.
A. 
Temporary barriers. 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 and shall remain in place until a permanent barrier in compliance with § 263-6B is provided.
(1) 
Height. The top of the temporary barrier shall be at least 48 inches (1,219 mm) above grade measured on the side of the barrier which faces away from the swimming pool.
(2) 
Replacement by a permanent barrier. A temporary barrier shall be replaced by a complying permanent barrier within either of the following periods:
(a) 
Ninety days of the date of issuance of the building permit for the installation or construction of the swimming pool; or
(b) 
Ninety days of the date of commencement of the installation or construction of the swimming pool.
B. 
Permanent barriers. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following:
(1) 
The top of the barrier shall be at least 48 inches (1,219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).
(2) 
Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.
(3) 
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(4) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
(5) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
(6) 
Maximum mesh size for chain-link fences shall be a 2 1/4-inch (57 mm) square unless the fence has slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44 mm).
(7) 
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches (44 mm).
(8) 
Gates shall comply with the requirements of Section R326.5.3, Subsections 1 through 7, and with the following requirement:
(a) 
All gates shall be self-closing. In addition, if the gate is a pedestrian-access gate, the gate shall open outward, away from the pool.
(b) 
All gates shall be self-latching, with the latch handle located within the enclosure (i.e., on the pool side of the enclosure) and at least 40 inches (1,016 mm) above grade. In addition, if the latch handle is located less than 54 inches (1,372 mm) from the bottom of the gate, the latch handle shall be located at least three inches (76 mm) below the top of the gate, and neither the gate nor the barrier shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the latch handle.
(c) 
All gates shall be securely locked with a key, combination or other childproof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.
(9) 
Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met:
(a) 
The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or
(b) 
Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed in accordance with UL 2017. The audible alarm shall activate within seven seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a single opening. Deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1,372 mm) above the threshold of the door; or
(c) 
Other means of protection, such as self-closing doors with self-latching devices, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above.[1]
[1]
Editor's Note: This refers to § 263-6B(9)(a) and (b); see also IPMC Section 303.3, Subsections 9.1 through 9.3.
(10) 
Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:
(a) 
The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
(b) 
The ladder or steps shall be surrounded by a barrier which meets the requirements of § 263-6B(1) through (9). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter (102 mm) sphere.
C. 
Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with § 263-6B(9).
D. 
Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them.
E. 
Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F1346 shall be exempt from the provision of this section.
Suction outlets shall be designed to produce circulation throughout the pool or spa. Single-outlet systems, such as automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall be protected against use entrapment. Reference Section R326.6 of the Uniform Code.
A. 
Applicability.
(1) 
A swimming pool or spa installed, constructed or substantially modified after December 14, 2006, shall be equipped with an approved pool alarm.
(2) 
Exceptions:
(a) 
A hot tub or spa equipped with a safety cover which complies with ASTM F1346.
(b) 
A swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover which complies with ASTM F1346.
(3) 
Pool alarms shall comply with ASTM F2208 (Standard Specification for Pool Alarms), and shall be installed, used and maintained in accordance with the manufacturer's instructions and this section.
B. 
Multiple alarms.
(1) 
A pool alarm must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be provided.
C. 
Alarm activation.
(1) 
Pool alarms shall activate upon detecting entry into the water and shall sound poolside and inside the dwelling.
D. 
Prohibited alarms.
(1) 
The use of personal immersion alarms shall not be construed as compliance with this section.
Every swimming pool presently constructed or installed or hereinafter constructed or installed shall be maintained at all times in such manner as never to constitute a nuisance, hazard or menace to the public health or safety. The water contained in swimming pools shall, at all times, be properly chlorinated and the quality maintained so as to be suitable for human bathing and swimming. At no time shall the water contained in swimming pools or, if the swimming pools have been drained, shall rainwater or water from some other source be permitted to accumulate or pond in the swimming pool such that the water becomes stagnant and could harbor mosquito larvae or other vector. Any such hazard that may exist or develop in or in consequence of or in connection with any swimming pool shall be forthwith abated by the person in possession, owning or having jurisdiction over such swimming pool upon receipt of notice from the Town Zoning Enforcement Officer.
A. 
No swimming pool shall be abandoned or its use permanently discontinued unless, if the swimming pool is an in-ground pool, the owner of the property fills the swimming pool with clean soil and restores the surface of the ground to its original grade or, if the pool is an aboveground pool, demolishes the swimming pool, removes the demolition debris from the property and restores the land on which the swimming pool was located to its original condition within 30 days of abandoning or permanently discontinuing use of the swimming pool. In the event the person in possession, owning or having jurisdiction over a swimming pool does not abate a swimming pool hazard or hazards within 10 days of receipt of the notice from the Town Zoning Enforcement Officer or permits a swimming pool hazard or hazards to recur more than three times during any one calendar year, the swimming pool shall be deemed to be abandoned.
B. 
In the event the owner of the property on which a swimming pool has been abandoned or its use permanently discontinued shall fail to fill such swimming pool with clean soil, if the pool is an in-ground pool; or to demolish the swimming pool and remove the debris, if the pool is an aboveground swimming pool within 30 days after receipt of written notice given by the Zoning Enforcement Officer, the Town may, in addition to all other available remedies, proceed to fill and/or demolish such swimming pool, and the expense of so doing shall become a lien against such property and shall be collected in the same manner as taxes levied against said property.
Any person, as herein defined, committing an offense against any provision of this chapter or the rules and regulations issued pursuant thereto shall be guilty of a violation punishable by a fine of not more than $250 per week or imprisonment for a term not exceeding 15 days, or both.