[HISTORY: Adopted by the Common Council of
the City of Ithaca as Ch. 35 of the 1975 Municipal Code. Amendments
noted where applicable.]
In pursuance of the authority conferred by the
City Law and in order to promote the health, safety and general welfare
of the inhabitants of the City of Ithaca, this chapter is hereby enacted.
All construction and operation referred to in
this chapter must be in accordance with federal, state and local laws
and codes. All sanitary conditions must comply with the rules of the
State and County Boards of Health.
When used in this chapter, certain words and
terms shall have the following meanings:
All swimming pools having all or any section of their exterior
wall above the surrounding ground level.
All swimming pools having their entire water surface below
the level of the surrounding ground.
The installation of an above- or below-ground swimming pool
which requires more than one foot's excavation for any part of the
pool and/or is constructed of concrete, wood, metal or other materials
and/or is encircled or partly encircled by a deck or platform, any
part of which cannot be dismantled for storage.
All private or semiprivate swimming, bathing or wading pools,
ponds or tanks above or below the ground of permanent or temporary
nature which have a depth of more than 24 inches and/or a water surface
of more than 100 square feet and which are excavated, erected, constructed
or created by the damming of a stream, whether out of doors or inside
a structure or building.
The installation of an aboveground swimming pool which requires
less than one foot's excavation for any part of the pool, with no
platform encircling or partly encircling the pool other than an entrance
platform four feet by four feet in maximum size, all of which can
be dismantled and stored.
A.
A swimming pool shall be deemed to be a structure under Chapter 325, Zoning, of this Code; and where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
[Amended 8-5-1992 by L.L. No. 3-1992]
B.
A swimming pool may be permitted only as an accessory
structure to a principal building used for residential purposes. Said
pool shall be for the exclusive use of the occupants of the principal
building and their guests.
C.
A swimming pool may be permitted when said use is
not as an accessory structure to the principal building only upon
application to the Board of Appeals in accordance with this chapter.
Pools used normally by the public, such as clubs and similar organizations,
must comply with the New York State Department of Health regulations.
D.
The building line of the pool shall be considered
to be its inside wall.
A.
Building permit required. Before any swimming pool
is moved, placed, erected, assembled or excavated upon a lot or created
by damming a stream, a building permit shall be required.
B.
Additions and alterations. A building permit shall
be required for any enlargement of an existing pool or for a dressing
shelter, a pump house, a filter house, an enclosure for the pool or
any other structure erected in conjunction with the swimming pool.
Such structures shall conform to all provisions of the New York State
Fire Prevention and Building Code and this Code and all other rules
and regulations of the city and shall not unduly interfere with the
use or enjoyment of the adjacent property.
[Amended 8-5-1992 by L.L. No. 3-1992]
C.
Application.
(1)
Each application for a building permit to erect, construct
or excavate a swimming pool or dam a stream or to enlarge an existing
pool or to build an ancillary structure must be accompanied by a building
permit fee and by plans in sufficient detail to show the following:
(a)
A plot plan of the property on which the swimming
pool is to be constructed or placed showing the location of the swimming
pool in reference to the side lines, rear lines, grades, basement
and other structures on the property and existing electrical service
lines and electrical lines.
(b)
The pool dimensions and depths.
(c)
The location and dimensions of the fence and
any structures or appurtenances built or that are to be built in conjunction
with the swimming pool.
(d)
The estimated cost of the proposed swimming
pool.
(e)
The location and type of waste disposal and
drainage system of the property.
(f)
The location and source of water supply.
(g)
The location, size and description of all proposed
electrical connections, lighting (both above and below the ground)
and any pool-heating device.
(2)
These plans, along with structural calculations and
details, must be prepared and signed by either the owner of the property
or a licensed professional engineer or a registered architect or a
recognized pool contractor who is an accredited member of the National
Swimming Pool Institute.
The location of a permanent or temporary swimming
pool on the property must:
A.
Not be placed in the front yard.
B.
Be at least 15 feet from any side yard line and rear
yard line.
C.
Be at least 15 feet from any house basement.
D.
Be at least 20 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening or increasing
of this distance.
E.
Not endanger the health and/or safety of its user
and shall not unduly interfere with the use and enjoyment of the adjacent
property.
A.
Design and construction.
(1)
The swimming pool shall be designed and constructed
in such a manner as not to endanger the health and/or safety of its
users or nonusers and to not unduly interfere with the use and enjoyment
of adjacent property.
(2)
The installation shall be arranged and maintained
to prevent dirt, sand or other foreign matter from entering the bathing
area.
[Added 8-5-1992 by L.L. No. 3-1992]
B.
Filtering, sterilizing and auxiliary equipment.
[Amended 8-5-1992 by L.L. No. 3-1992]
(1)
The swimming pool shall be required to have adequate
filtering, sterilizing and auxiliary equipment to properly recirculate,
filter, algaecide and germicide the water of the pool, with provisions
and instructions for maintenance of the same.
(2)
Equipment containing gases or disinfectants capable
of giving off irritating, toxic or flammable fumes shall be located
in ventilated rooms.
C.
Ladder or steps. The swimming pool must be equipped
with proper safeguards for users of the pool. At least one ladder,
not more than two feet from the bottom of the pool, steps or equal
must be provided at a location to facilitate quick exit.
D.
Safety equipment.
(1)
All swimming pools must have a rescue pole made of
aluminum, fiberglass, bamboo or equal material stored within 15 feet
of the swimming pool's interior edge. The rescue pole shall be in
length at least 1/2 of the swimming pool's width or 1/2 of the swimming
pool's diameter, depending on the type of pool.
(2)
All swimming pools must have a ring buoy, with at
least 25 feet of attached rope or cord, prominently stored within
10 feet of the pool's interior edge. The type of ring buoy must meet
the specifications as set forth by the National Swimming Pool Institute
or the American Red Cross.
E.
Referral to Director of Planning and Development.
The Director of Planning and Development or his/her designee shall
pass upon the safety and adequacy of the design, materials, construction
and equipment of all swimming pools. In doing so, he/she may be guided
by the minimum standards for residential pools of the National Swimming
Pool Institute.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
F.
Height. No part of the pool structure, with the exception
of deck fencing, shall project more than 4 1/2 feet above the
surrounding existing grade, except by special permit.
G.
Plumbing. Where applicable, all plumbing must conform
to the plumbing regulations of the New York State Uniform Fire Prevention
and Building Code.
[Amended 8-5-1992 by L.L. No. 3-1992]
A.
Water supply.
(1)
There shall be no fixed or direct connection to any
nonpotable water supply.
(2)
The water supply used for filling or cleaning of the
pool shall be clean. The water supply shall be protected against potential
pollution from all sources, including cross-connection and backflow.
[Added 8-5-1992 by L.L. No. 3-1992]
B.
Drainage.
(1)
There shall be no drainage connection to a sanitary
sewer.
(2)
Drains shall be provided so that the pool can be safely
and adequately drained. It must be possible to drain all pools into
a storm sewer or a natural waterway either by gravity, siphon or through
the filter pump system.
[Amended 8-5-1992 by L.L. No. 3-1992]
(3)
There shall be no drainage over adjoining property
without permission or consent of the owners.
(4)
Drains shall be provided in floors surrounding the
swimming pool and arranged so that water from such area will drain
without entering the pool.
[Added 8-5-1992 by L.L. No. 3-1992]
A.
In-ground swimming pools. Every in-ground swimming
pool shall be entirely encircled by a fence.
B.
Aboveground swimming pools.
(1)
Every aboveground swimming pool having all or any
section of its exterior wall less than 3 1/2 feet, measured in
a vertical line, from the top of the exterior wall to the ground level
shall be entirely encircled by a fence.
(2)
Every aboveground swimming pool having an exterior
wall 3 1/2 or more feet above the ground, using an entrance device
other than a simple ladder for entrance and exit to the pool or its
surrounding deck or platform, shall have a fence encircling the entrance
device at least five feet from the point where such permanent ladder
or entrance device touches the ground or would touch the ground if
extended downward.
C.
Height. The fence shall be at least four feet in height
and not more than six feet in height. The fence shall be of rigid
construction and not easily climbed or crawled under. The fence shall
have a gate capable of being locked and shall be locked when unattended.
D.
Distance from wall. The fence for an in-ground swimming
pool or aboveground swimming pool having an exterior wall of less
than 3 1/2 feet in height shall not be less than five feet from
the inside wall of the pool and shall completely surround the swimming
pool.
E.
Use of exterior walls of structures. Portions of exterior
walls of the structures on the property or lot line fences may be
used for these fencing requirements.
F.
Deck fence. An above-ground swimming pool with a deck
must have a fence of at least three feet but not to exceed four feet
in height on the outside edge of the deck.
G.
Ladder. The use of a simple ladder as an entrance
device is permitted for an aboveground swimming pool, but it must
be removed and stored when the swimming pool is unattended.
[Amended 8-5-1992 by L.L. No. 3-1992; 12-6-2000 by Ord. No.
2000-14]
A.
Conformance to New York State Uniform Fire Prevention
and Building Code. All lighting and electrical work shall conform
to the New York State Uniform Fire Prevention and Building Code and
be inspected and approved by the Electrical Inspector. Also, all underground
wiring and lighting shall be of low voltage.
B.
Disturbance of adjoining owners prohibited. No lighting
shall be installed in such a manner that it may be an annoyance to
the owners of adjacent property. Under normal circumstances, floodlighting,
the illumination of adjacent property, among other things, will be
sufficient to constitute an annoyance.
C.
Safety restrictions. No pool shall be erected within
10 feet of existing electrical service lines, nor shall electrical
lines be strung over the water surface nor within four feet of the
outer edge of the pool.
Every swimming pool presently constructed or
installed or hereafter constructed or installed shall be maintained
at all times in such manner as never to constitute a public nuisance,
a hazard or a menace to health or safety. Any such hazard which may
exist or develop in or in consequence of or in connection with any
such swimming pool shall be forthwith abated and/or removed by the
person in possession, owning or having jurisdiction over such pool
upon receipt of notice from the city.
Use of a swimming pool shall be in a reasonable
manner and at reasonable times so as not to cause undue discomfort
and/or annoyance to adjacent residents.
[Amended 8-5-1992 by L.L. No. 3-1992]
