[HISTORY: Adopted by the Board of Trustees
of the Village of Angola as Ch. 35 of the 1974 Code. Amendments noted
where applicable.]
A.
In pursuance of the authority conferred by the Village
Law in the State of New York and in order to promote the health, safety
and general welfare of the inhabitants of the Village of Angola, this
chapter is hereby enacted.
B.
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 Health Departments.
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 aboveground or below-ground swimming
pool which requires more than one foot of excavation for any part
of the pool and/or is constructed of concrete, wood, metal, or other
materials and/or 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 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 of excavation for any part of the pool, with no
platform encircling or partly encircling the pool, other than an entrance
platform 4 x 4 feet maximum size, all of which can be dismantled and
stored.
A.
A swimming pool shall be deemed to be a structure under Chapter 245, Zoning, of this Municipal Code; and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
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 Zoning 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, 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
Uniform Fire Prevention and Building Code and the Municipal Code and
all other rules and regulations of the Village and shall not unduly
interfere with the use or enjoyment of the adjacent property.
C.
Application.
(1)
Each application for a building permit to erect, construct,
dam a stream or excavate a swimming pool 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.
D.
Filing of permit by contractor. Upon completion of the construction and erection of a swimming pool pursuant to the permit issued in accordance with Subsection A of this section of the Village of Angola Municipal Code, the contractor shall file with the office of the Village Clerk or the office of the Code Enforcement Officer of the Village of Angola a permit to fill the swimming pool. Such permit must be filed at least 24 hours in advance of the filling of the pool and must be submitted on a form as the office of the Code Enforcement Officer of the Village of Angola may from time to time require. Said permit must include the following information:
[Added by L.L. No. 4-1980]
E.
Filling by owner excepted. Subsection D shall apply only to instances where the pool is to be filled by the contractor and shall not apply to instances where the pool is to be filled by the owner.
[Added by L.L. No. 4-1980]
F.
Violation for noncompliance. No owner shall allow a contractor to fill a newly erected swimming pool unless and until Subsections D and E have been fully complied with. Any violation of the contractor of Subsection D and/or Subsection E shall be deemed to be a violation by the owner.
[Added by L.L. No. 4-1980]
The location of a permanent or temporary swimming pool on the property must comply with all provisions of Chapter 245, Zoning, but under any circumstances 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 not unduly interfere with the use and enjoyment of the adjacent
property.
A.
Design and construction. 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.
B.
Filtering equipment. The swimming pool shall be required
to have adequate equipment to properly recirculate, filter, algaecide
and germicide the water of the pool, with provisions and instructions
for maintenance of same.
C.
Ladder or steps. The swimming pool must be equipped
with proper safeguards for users of the pool. At least one ladder,
no 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 Zoning Officer. The Zoning Officer shall
pass upon the safety and adequacy of the design, materials, construction
and equipment of all swimming pools. In doing so, he may be guided
by the minimum standards for residential pools of the National Swimming
Pool Institute.
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.
A.
Water supply. There shall be no fixed or direct connection
to any nonpotable water supply.
B.
Drainage.
(1)
There shall be no drainage connection to a sanitary
sewer.
(2)
Chlorinated swimming pool water shall not be discharged into the municipal separate storm sewer system, in accordance with Chapter 190 of this Code.
[Amended 12-28-2007 by L.L. No. 5-2007]
(3)
There shall be no drainage over adjoining property
without permission or consent of the owners.
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 and an 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 aboveground 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.
A.
Conformance with 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 New York State Board of Fire Underwriters
or other qualified inspection agency approved by the Village. Also,
all underground wiring and lighting shall be of low voltage.[1]
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
and 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 Village.
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.
A person who shall violate any provision of
this chapter or fail to comply therewith or shall violate or fail
to comply with any order or regulation made thereunder shall be guilty
of a violation pursuant to the Penal Law. Any person violating any
provision of this chapter shall be subject to a fine or penalty not
to exceed $250 or imprisonment for not to exceed 15 days, or both.
