[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 6-19-1978 by L.L. No. 4-1978. Amendments noted where applicable.]
Building construction — See Ch. 109.
The Board of Trustees of the Village of Elmsford recognizes that the regulation of the establishment, construction and operation of all types of swimming pools is a matter of public importance, primarily as it concerns the problems of safety to children and also the minimizing of nuisance caused by noises, odors, overflowing waters and the depreciation of property values by reason of improperly installed or maintained pools or pools in undesirable locations.
As used in this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL
- Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and having a depth of two feet or more at any point.
The following are classifications of swimming pools:
Public swimming pool: an artificial facility for swimming operated by the Village of Elmsford.
Commercial swimming pool: an artificial facility for swimming operated for gain or in conjunction with any commercial enterprise open to the public.
Club swimming pool: an artificial facility for swimming operated for members and their guests.
Private swimming pool: 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.
The following are types of pools:
Permanent: one which is substantially affixed into or onto the ground or not easily dismantled for storage or movement to another site or permanently installed for 12 months in each year.
Temporary: an artificial facility for swimming which is not substantially affixed into or onto the ground and which is only installed for a period of three months in any one year, being June, July and August, and is dismantled for storage the remaining nine months of each year.
All public, commercial, club, private, school or any other organization shall first legally petition the Board of Trustees of the Village of Elmsford for a special permit after a public hearing before erecting any pool of this nature.
No permanently installed swimming pool 24 inches or more in depth shall be constructed, enlarged, enclosed or altered unless first a building permit is secured. The applicant shall provide the Building Inspector with a plot plan showing the location of pool and plans and specifications in detail to be approved by the Building Inspector. Fees are to be charged for said permit by the Building Inspector at the rate specified in the code for construction permits.
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 person. If of wire mesh construction, this fencing is not to have a linkage of more than two inches in diameter, and is to be nonclimbable. The entrance gate or gates shall have a closing device with a protective fastening latch and a lock. Fence height shall be a minimum of four feet for a private pool and seven feet for a commercial, club and public pool. Fence location shall be subject to the approval of the Building Inspector; provided, however, that the owner of a private pool may elect to use a pool cover instead of a fence. The pool cover must be of durable material and of sufficient security so as to prevent the entrance of any persons into the pool when secured. Owners of aboveground pools whose solid sidewalls prevent entrance to the pools, except by an entrance ladder, shall be deemed to comply with the fencing requirements.
Owners shall comply with all Health Department rules and regulations regarding maintenance and use of the pool.
During the period that a swimming pool containing water is not in use and is unattended, the gate in the fence shall be locked, the pool cover affixed in place or the ladder removed from the pool, which pool can only be entered by means of a ladder so that no entry into the pool can be made by any person.
An underwriter's certificate shall be required where any electrical work is done in connection with the construction of a swimming pool.
Owners of existing pools shall have 90 days to comply with this chapter.
[Amended 7-10-2006 by L.L. No. 4-2006]
Each and every violation of the provisions of this chapter shall be punishable by a fine not to exceed $1,000 or by imprisonment for not more than 30 days, or by both, unless a lesser penalty is provided by statute. Each day that such violation exists shall constitute a separate and distinct violation.