[HISTORY: Adopted by the Common Council of
the City of Oneida 12-21-1982 as Ch. 4-20 of the 1982 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A receptacle for water or an artificial pool of water having
a depth at any point of more than two feet intended for the purpose
of immersion or partial immersion therein of human beings, and including
all appurtenant equipment.
The city, its officials and/or representatives
shall not be responsible for the structural design of a swimming pool
or the adequacy of the appurtenances.
[Amended 12-17-1991 by Ord. No. 91-11; 7-15-2004 by Ord. No. 04-02; 6-16-2020 by Ord. No. 20-02]
It shall be unlawful to proceed with the construction,
installation, enlargement or alteration of any private residential
swimming pool and appurtenances within the City unless a permit therefor
shall have been first obtained from the Building Inspector/Code Enforcement
Officer. Such permits shall be obtained by the contractor or the person
responsible for the actual construction. Said person must be prepared
to show that he or she carries adequate liability, property damage
and workers' compensation insurance. Permit fees for any inground
and any metal-wall swimming pool that can contain more than 24 inches
of water depth, or for any seasonal, inflatable, inflatable ring,
self-set or "kiddie" swimming pools that can contain more than 24
inches of water depth shall be established by resolution of the Common
Council. Such fees may thereafter be amended from time to time by
like resolutions. Fees shall be submitted with the plans and specifications
submitted with the application for permit. The contractor obtaining
a permit shall notify the Building Inspector/Code Enforcement Officer
when the work is in progress. Before the pool can be used, a certificate
of approval shall be obtained from the Building Inspector/Code Enforcement
Officer.
A.
All outdoor swimming pools shall be completely enclosed
around a rigid-wall pool or yard by a forty-eight-inch fence except
where the top of a rigid-wall pool is constructed at least 48 inches
above the surrounding yard elevation and the means of access ladder
or steps are capable of being locked, secured or removed to prevent
access, or they must be surrounded by a forty-eight-inch-high barrier
at the bottom of the access, which shall be kept locked when the pool
is not in use. The space between the vertical supports of the railing
shall be screened with a one-and-three-fourths-inch No. 9 gauge wire
mesh or other material.
[Amended 12-19-2000 by L.L. No. 6-2000; 7-15-2004 by Ord. No. 04-02; 8-3-2010 by Ord. No. 10-04]
B.
Fencing and gates shall be at least four feet but
not more than six feet in height above the elevation of the ground
where the fence is to be erected. The fabric shall be composed of
individual wire pickets helically wound and woven from No. 9 gauge
wire to form a continuous chain-link fabric having a two-inch mesh.
The bottom edge shall have a twisted and barbed finish and the top
edge shall be knuckled. Line posts shall be at least one-and-five-eighths-inch
O.D. standard pipe, with a weight of at least 2.27 pounds per foot,
spaced approximately 10 feet apart. The top rail shall be one-and-three-eighths-inch
O.D. standard pipe, with a weight of at least 1.68 pounds per foot.
All end, corner and gate posts shall be two-inch O.D. standard pipe,
with a weight of at least 2.72 pounds per foot. All posts shall be
set in concrete according to the fence manufacturer's instructions.
Gates shall be constructed of one-and-three-eighths-inch O.D. standard
pipe, with a weight of at least 1.68 pounds per foot, and with a welded
frame filled with fabric to match the fence. Gates shall be equipped
with a latch which shall automatically engage a pin welded in the
gate frame and shall be the type that can be readily locked with a
padlock which shall be kept locked when the pool is not in use. All
pipe framework and other ferrous materials shall be hot-galvanized.
C.
Fence construction may also be wood construction or
similar when adequately supported by wooden posts properly treated
to prevent deterioration below the ground surface. The height requirements
shall be the same as specified for wire enclosures. The fence shall
also be of tight construction sufficient to prevent ingress and egress
except through a properly designed gate which shall be kept locked
when not in use.
[Amended 8-3-2010 by Ord. No. 10-04]
D.
Buildings contiguous to the area to be fenced may
be used to form a part of the enclosure if the fencing is constructed
to a point where the fence alignment intersects the adjacent building.
Any door opening from a dwelling, garage or shed-type structure to
the pool area shall be equipped with a self-closing device and passage
alarm as per New York State code requirements.[1]
[Amended 8-3-2010 by Ord. No. 10-04]
Any person violating any provision of this chapter
shall be guilty of a misdemeanor.
