[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962
as Ch. 21 of the 1962 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases pertaining
to outdoor swimming pools shall have the meanings respectively ascribed to
them by this section:
A facility for swimming operated for members and their guests.
A facility for swimming operated for gain or in conjunction with
any commercial enterprise and open to the public.
A 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 facility for swimming operated by the City.
An artificially constructed pool intended for use by children, not
designed or used for swimming, with a maximum area of 100 square feet and
a maximum depth of 24 inches.
[Added 8-10-1992 by L.L.
No. 2-1992]
A.
A building permit shall be obtained for the construction of all outdoor pools over 24 inches in depth, except for the public swimming pool. The fee for said building permit shall be as provided in Chapter 175, Licenses and Permits.
[Added 8-10-1992 by L.L.
No. 2-1992]
B.
The applicant shall provide the Department of Public
Works with plans and specifications in detail to be determined by such Department.
[Amended 6-13-1967]
A.
All outdoor in-ground pools shall be completely enclosed
by a chain link fence or approved substitute. Fence height shall be a minimum
of five feet and shall have a maximum clearance to the adjoining grade of
two inches, and openings, if provided, shall prohibit the passage of two-inch
diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds
per foot applied to a height of five feet. Structural bracing shall be within
the enclosure. Gates or doors shall be self-closing and self-latching, with
the latch handle at least 40 inches above grade or located within the enclosure.
[Amended 6-28-1971; 7-14-1986]
B.
Site, lighting and plumbing plans shall be submitted
to the Department of Public Works for approval for all outdoor in-ground pools
and commercial pools. Drainage shall be only into an approved storm sewer
or suitable substitute to be approved by said Department.
C.
No pool wall, paved terrace, fence or related structure
shall be located within eight feet of an adjoining residentially zoned lot.
[Amended 7-27-1998]
[Amended 6-28-1971; 7-14-1986]
A.
In addition to other applicable regulations contained in this chapter, owners of outdoor aboveground swimming pools shall provide a fence as required for outdoor in-ground pools pursuant to § 265-3A of this chapter unless such aboveground pool has at least 46 inches between the pool decking or pool top and adjoining grade. Aboveground pools with at least 46 inches between the pool decking or pool top and adjoining grade shall, however, provide one of the following:
(1)
A suitable covering on such pool so as to prevent accidental
or unauthorized entry.
(2)
A self-closing and self-latching gate or door with a
locking latch handle at least 40 inches above the pool deck or top.
(3)
Movable steps which shall be moved away from the pool
or raised and locked in place when such pool is not in use.
B.
An aboveground pool less than 24 inches deep shall be
exempt from the requirements of this section.
Commercial pools are a permitted principal use in a B-3 or less restricted district and shall comply with the area, yard and other requirements of Chapter 300, Zoning, as applicable to that district.
Club swimming pools shall be permitted only as an accessory structure
to a membership club in the zoning district where such club is a permitted
use and shall be subject to the area and yard requirements of that district.
Private pools shall not be located within a front yard in any residential
district.
No wading pool shall be constructed or made available for public use
unless it shall be provided with suitable facilities for the replacement of
water and for cleaning. Every such wading pool shall be maintained in a clean
and sanitary condition, and the water used there shall be from a public water
supply or from a source approved by the Health Officer.
[Amended 4-13-1987]
When any section of this chapter conflicts with provisions of the New York State Uniform Fire Prevention and
Building Code, as from time to time amended, the provisions of the New York
State Uniform Fire Prevention and Building Code shall supersede the conflicting
provisions of this chapter.
