As used in this chapter, the following terms shall have the meanings
indicated:
FAMILY POOL
A noncommercial swimming, bathing or wading pool to be used solely
by the owner or lessee thereof and for his family and by friends invited to
use the pool without payment of any fee. Portable pools having a water capacity
of seven hundred (700) gallons or less and a height of eighteen (18) inches
or less shall be exempt from the requirements of this chapter.
Every outdoor private swimming pool which is built in ground or, if
above ground, has a permanent, nonremovable, attached ladder shall be completely
enclosed by a fence of durable construction or other suitably effective enclosure
not less than four (4) feet in height. A dwelling house or accessory building
may be used as a part of such enclosure. Any opening or mesh in the fence
as finally constructed shall be no greater than sixteen (16) square inches
in area, except that, in case of a picket fence, space between pickets shall
not exceed four (4) inches. Every gate of such fence shall be self-closing
and shall be kept securely locked at all times.
Application for such a permit shall be signed by the owner of the premises
and shall be made to the Building Inspector of the Village of Mamaroneck,
who shall furnish the necessary forms for such application. Specifications
and data for the construction of such swimming pool shall be submitted with
such application, including but not limited to:
A. A profile showing levels and depths of water at all points.
B. Cross sections showing scum gutters and skimmers with
all structural details.
C. A pipe diagram showing size and location of all inlets,
outlets, waterlines, waste and discharge lines, circulation and other piping.
D. Pool equipment showing detail and location of filters,
pumps, chlorinators, strainers and hair and lint interceptors.
E. Drains and drainage from the pool structure to a sanitary
sewer.
F. Pool to be filled with an over-the-lip spout above the
overflow level of the pool so that there is no chance of water from the pool
siphoning back into the fill line.
G. A site plan showing the proposed location of the pool,
all accessory equipment, fences, screening and landscaping, accessory buildings
and any other items deemed to be pertinent by the Building Inspector.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Every application shall be accompanied by a fee in accordance with the schedule provided for in § 126-14 of Chapter 126, Building Construction, and as set forth in Chapter
A347, Fees, as it may, from time to time, be amended and in effect at the time of the application.
The Building Inspector shall grant the application, provided that all
the requirements herein are met.
Any person aggrieved by the action of the Building Inspector in denying
such permit may take an appeal therefrom to the duly constituted Board of
Appeals of the Village of Mamaroneck in the same manner as is provided for
zoning appeals, and such Board of Appeals, after proceeding in the same manner
as is provided for zoning appeals and with the same power and authority therein
vested in passing upon appeals before it under the provisions of law and the
Zoning Ordinance of the Village of Mamaroneck and in the exercise thereof, may reverse, modify or affirm the
action of the Building Inspector.
Any permit for a pool is subject to revocation if the pool is maintained
in such a way as to constitute a nuisance or to be detrimental to the health
and safety and peace and comfort of the persons residing near or adjacent
to the pool. If the Building Inspector finds such a condition to exist, he
shall serve upon the owner or lessee or occupant of the premises containing
the pool a notice of revocation to be heard by the Board of Appeals. The notice
shall state the place and time of the hearing, not less than ten (10) days
thereafter, and shall be served in person or by registered or certified mail.
At such hearing, the Board of Appeals may revoke the permit or make such other
determination as, in its opinion, the circumstances warrant.