[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.]
GENERAL REFERENCES
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:
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:
A.
Public swimming pool: an artificial facility for swimming
operated by the Village of Elmsford.
B.
Commercial swimming pool: an artificial facility for
swimming operated for gain or in conjunction with any commercial enterprise
open to the public.
C.
Club swimming pool: an artificial facility for swimming
operated for members and their guests.
D.
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:
A.
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.
B.
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.
A.
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.
B.
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.
