[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 7-16-1979 by Ord. No. 80-6; amended
in its entirety 4-1-2002 by Ord. No. 2002-12. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A fence, a wall, a building wall or a combination thereof
which completely surrounds the swimming pool and obstructs access
to the swimming pool.
Any structure that is capable of containing water of 24 inches
(610 mm) or more in depth which is used or intended to be used for
swimming or recreational bathing and which is available only to the
family and guests of the householder. This includes in-ground, aboveground
and on-ground swimming pools, hot tubs and spas.
A.
All outdoor residential swimming pools shall be completely
enclosed by a barrier and be secure from trespass. Except as provided
in Subsection B of this section, said barrier shall comply with the
following regulations:
(1)
The top of the barrier shall be at least 48 inches
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 should be four inches 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.
(2)
Openings in the barrier shall not allow passage of
a sphere five inches in diameter.
(3)
Solid barriers, which do not have openings, such as
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, 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 in width. Where there are decorative
cutouts, spacing within the cutouts shall not exceed 1 3/4 inches
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 or more, spacing between vertical members shall not exceed
four inches. Where there are decorative cutouts, spacing within the
cutouts shall not exceed 1 3/4 inches in width.
(6)
Maximum mesh size for a chain link fence shall not
exceed the standard residential chain link fence as set by industry
standards and allowed in the Village of Williamsville as determined
from time to time.
(7)
Where the barrier is composed of diagonal members,
such as a lattice fence, the maximum opening formed by the diagonal
members shall be no more than two inches.
(8)
Access gates to the pool shall be locked or secured
to prevent access.
(9)
Where an aboveground pool structure is used as the
barrier (which is an aboveground freestanding pool constructed at
least 48 inches above grade) or where the barrier is mounted on the
top of the pool structure at least 48 inches above grade and the means
of access is a ladder or steps, then a) the ladder to the pool 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 Subsection A(1) through (8). When
the ladder or steps are secured, locked or removed, any opening created
shall not allow the passage of a sphere five inches in diameter.
B.
Existing permanent barriers. The regulations for a
barrier required by this chapter in Subsection A of this section shall
not apply to an existing permanent barrier in place on the effective
date of this chapter. An existing permanent barrier which is more
than 49.0% removed, damaged, destroyed or enlarged shall be installed,
enlarged, repaired or constructed pursuant to the regulations contained
herein in Subsection A of this section.
It shall be unlawful to construct, maintain,
install or enlarge any residential swimming pool in the Village except
in compliance with the provisions of this chapter.
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction, be fined
a minimum of $250 and a maximum of $750 for each offense, and everyday
that such a violation is continued shall constitute a separate and
distinct offense.
