[HISTORY: Adopted by the Town Board of the Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 95 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 109.
Drainage and watercourses — See Ch. 128.
Plumbing — See Ch. 212.
Zoning — See Ch. 290.
[Amended 3-16-2010 by L.L. No. 1-2010]
For the purpose of this chapter, the terms used herein are defined as follows:
BUILDING INSPECTOR
The Building Inspector of the Town of Clarkstown, also known as the "Chief Code Enforcement Officer."
SWIMMING POOL
Any structure intended for swimming or recreational bathing that is capable of holding water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
All outdoor swimming pools are required to meet the following regulations:
A. 
No permanently installed swimming pool capable of holding 24 inches or more of water shall be constructed, installed, enlarged or altered unless a building permit is issued therefor. The applicant shall provide the Building Inspector with a plot plan showing the location of the pool, plans and specifications in detail, subject to the approval of the Building Inspector. Fees are to be charged for said permit by the Building Inspector.
[Amended 3-16-2010 by L.L. No. 1-2010]
B. 
All pools over 24 inches in depth shall be completely enclosed by a fence constructed of materials, whether artificial or natural, which shall be durable enough to prevent the entrance into the pool area by any persons. If of wire mesh construction, this fencing is not to have a linkage of more than two inches in diameter and shall be nonclimbable. The entrance gate or gates shall have a closing device with protective fastening latch and a lock. Fence height shall be a minimum of four feet and a maximum of six feet for a private pool, and seven feet for club or commercial pools. Fence location shall be subject to the approval of the Building Inspector; provided, however, that the owners of pools which are not permanently installed may elect to use a pool cover instead of a fence. The pool cover must be of durable material and of sufficient tightness so as to prevent the entrance of a person into the pool when secured; provided, however, that the owners of aboveground pools whose solid walls are a minimum of 48 inches above grade measured at a point 36 inches from the wall of the pool and prevent entrance to the pools except by an entrance ladder shall be deemed as complying with the fencing requirements of this subsection. During the periods that swimming pools containing water are not in use and are unattended, the gate in a fence shall be locked or the pool cover affixed in place or the ladder removed from a pool which can only be entered by means of a ladder, so that no entry into the pool can be made by any person.
[Amended 3-16-2010 by L.L. No. 1-2010]
C. 
The owners of all permanently installed pools shall submit to the Building Inspector site lighting, if installed or to be installed, and plumbing plans which shall comply with the Building Code of the Town of Clarkstown.[1] Drainage shall be only into an approved storm sewer or watercourse or in a manner which does not drain into neighboring property through the ground.
[1]
Editor's Note: See Ch. 109, Building Construction Administration.
D. 
No pool walls, heaters or filters shall be located within 10 feet of an adjoining residentially zoned lot.
[Amended 9-11-1991 by L.L. No. 6-1991]
E. 
Where commercial pools are a permitted principal use by the Zoning Ordinance, said commercial pools shall comply with the area, yard and other requirements of the Zoning Ordinance for those districts.[2]
[2]
Editor's Note: See Ch. 290, Zoning.
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. 
Private pools shall not be located within a front yard in any residential district.
H. 
All appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures shall comply with all applicable requirements of the Building Code and Zoning Ordinance of the Town of Clarkstown.
I. 
In addition to the other regulations set forth above, all pools shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code.
[Added 9-11-1991 by L.L. No. 6-1991]
J. 
Pool alarms.
[Added 3-16-2010 by L.L. No. 1-2010]
(1) 
All residential and commercial swimming pools installed, constructed or substantially modified after December 14, 2006, shall be equipped with an approved pool alarm which:
(a) 
Is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water.
(b) 
Is audible poolside and at another location on the premises where the swimming pool is located.
(c) 
Is installed, used and maintained in accordance with the manufacturer's instructions.
(d) 
Is classified by Underwriter's Laboratory, Inc., to reference standard ASTM F2208.
(e) 
Is not an alarm device which is located on a person or persons or which is dependent on devices located on a person or persons for its proper operation.
(2) 
A pool alarm installed pursuant to this subsection must be capable of detecting entry into the water at any point on the surface of the swimming pool. More than one pool alarm shall be installed to ensure detection capability at every point on the surface of the swimming pool.
Section 258-2A, B and C herein shall apply to existing pools, and owners of said pools shall have 60 days to comply with the requirements of these subsections.
[Amended 4-28-1976 by L.L. No. 3-1976; 3-16-2010 by L.L. No. 1-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of any provision of this chapter shall be punished by a fine of up to $2,500. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. 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.