[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:
- SWIMMING POOL
- 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]
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 been obtained from the City Engineer. 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. The fee for such a permit shall be $50, plus certificate of compliance fee, for any inground and any metal-wall swimming pool that can contain more than 24 inches of water depth, or $5 plus certificate of compliance fee for any seasonal, inflatable, inflatable ring, self-set or "kiddie" swimming pools that can contain more than 24 inches of water depth. Fees shall be submitted with the plans and specifications submitted with the application for permit. The contractor obtaining a permit shall notify the City Engineer when the work is in progress. Before the pool can be used, a certificate of approval shall be obtained from the City Engineer.
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]
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.
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]
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.
[Amended 8-3-2010 by Ord. No. 10-04]
Any person violating any provision of this chapter shall be guilty of a misdemeanor.