[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 5-18-1970 as Ch. 108 of the 1970 Code. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
An artificial facility for swimming, operated for members
and their guests.
An artificial facility for swimming, operated for gain or
in conjunction with any commercial enterprise and open to the public.
Any pool which is affixed into the ground or which rests
on top of the ground and which has a wall height or maximum water
depth exceeding 18 inches and a surface area exceeding 120 square
feet.
An artificial facility for swimming which is an accessory
use to a residential building. Such pool shall be for the exclusive
use of the occupants of the principal residential building and their
guests.
A body of water in an artificial or semiartificial receptacle
located outdoors and having a wall height or maximum water depth,
whichever is greater, exceeding 18 inches and with a surface area
exceeding 120 square feet.
Any pool having a wall height or maximum water depth, whichever
is greater, not exceeding 18 inches and with a surface area not exceeding
120 square feet.
[Amended 4-4-1994 by L.L. No. 1-1994]
Swimming pools which will be operated for gain or for which
an admittance fee or membership will be charged and swimming pools
which will be operated for the membership of clubs, lodges and similar
organizations shall be permitted only under license of the City of
Saratoga Springs and under such safeguards as the City Council may
require. They will, in addition, be constructed and operated in accordance
with the Uniform Fire Prevention and Building Code of the State of
New York and with the Sanitary Code of the State of New York and with
the provisions contained in the National Electrical Code.
[Amended 4-4-1994 by L.L. No. 1-1994]
Private swimming pools may be installed only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests and only on the conditions provided in this chapter, including compliance with the provisions of the State Uniform Fire Prevention and Building Code, the Sanitary Code and the National Electrical Code, as set forth in § 209-2.
No swimming pool shall be installed or maintained out of doors
unless:
A.
Such pool is installed in the rear yard of the premises and in compliance
with all side and rear yard requirements of the State Uniform Fire
Prevention and Building Code and the Zoning Ordinance.[1] Any existing pool which is now located within the rear
yard is hereby excepted.
[Amended 4-4-1994 by L.L. No. 1-1994]
B.
Owners of all proposed permanently installed pools shall submit to
the Building Inspector a proposed site plan for installation of such
pool prior to construction.
C.
Such pool shall be completely surrounded by a substantial nonclimbable
fence constructed of natural or artificial materials. Such fence shall
be not less than four feet in height and not more than six feet in
height for a private pool, commercial pool or club pool. Such fence
shall be supported with posts firmly embedded at intervals of not
more than eight feet. If of wire mesh construction, this fencing shall
not have openings, holes or gaps larger than two inches in diameter
and shall be of a gauge not more than 12. A dwelling, house or accessory
building or structure may be used as part of such enclosure. The owners
of aboveground pools whose solid walls prevent entrance to the pools,
except by an entrance ladder, shall be deemed to comply with the fencing
requirements of this chapter.
D.
No pool wall or related structure shall be located within eight feet
of an adjoining lot line.
E.
Where commercial or club pools are installed, said pools shall comply
with the area, yard and other requirements of the Zoning Ordinance
for those districts.
F.
Club swimming pools shall be permitted only as an accessory structure
to a membership club in the zoning district where said club is a permitted
use and subject to the area and yard requirements of that district.
G.
All gates or doors opening through enclosures around the swimming
pool shall be equipped with a self-closing and self-latching device
for keeping the gate or door securely closed at all times when the
owner or occupant of the premises is not present at the swimming pool,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped. Such self-latching device shall be placed
as high as possible on the gate to ensure it being out of the reach
of small children.
H.
An open and unobstructed maintenance area of at least three feet
in width shall be maintained between the fencing and the side walls
of the pool.
No loudspeaker device, public-address system or other sound
device which can be heard beyond the lot lines of the premises in
which any outdoor swimming pool is situated may be operated in connection
with such swimming pool, nor shall any lighting be installed in connection
therewith which directs rays beyond lot lines.
No work shall be commenced on the construction or installation
of any swimming pool, including any excavation or removal of sand,
gravel, topsoil or other materials, until the plans and specifications
therefor have been approved by the City Building Inspector and a building
permit has been issued by the City of Saratoga Springs Building Inspector.
Any appeal from a decision of the Building Inspector shall be
made to the Zoning Board of Appeals.
[Amended 4-4-1994 by L.L. No. 1-1994]
The plans and specifications shall contain a certificate by
the installer that if the water for a swimming pool is supplied from
a private well, there is no cross-connection with the public water
system; that if the water for such pool is supplied from the public
water supply, the inlet shall be above the overflow level of the pool;
that the drain of such swimming pool is adequate and within the subject
premises and will not interfere with the public or private water supply
system, with existing sanitary facilities or with the public highway;
and that the construction meets the minimum requirements of the New
York State Uniform Fire Prevention and Building Code.
Every swimming pool shall be used and maintained in accordance
with the provisions of the New York State Sanitary Code and the rules
and regulations of the City of Saratoga Springs Health Department.
Every owner of every swimming pool shall chemically treat the
water in a manner sufficient to maintain the bacterial standards established
by the provisions of the State of New York Sanitary Code relating
to public swimming pools.
The fencing requirements and loudspeaker and lighting restrictions of this chapter shall apply to existing pools within the City of Saratoga Springs, and the owners of said pools shall have 45 days to comply with these requirements from the effective date of this chapter. In addition, the drains of such existing pools shall be within the subject premises, in accordance with § 209-8 of this chapter, and owners shall comply with this provision within 45 days of the effective date of this chapter.
[Amended 4-4-1994 by L.L. No. 1-1994]
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense and, upon conviction, shall be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the City of Saratoga Springs may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.
