HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987 as Ch. 35 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Housing standards — See Ch. 139.
Zoning — See Ch. 230.
This chapter shall be known and may be cited as the "Swimming Pool Ordinance of the City of Lackawanna, New York."
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
FENCE
An enclosure at least four feet in height and not exceeding seven feet in height, constructed of masonry, wood, metal or wire no lighter than 11 gauge.
FRONT YARD
The area of a lot lying between the street lot line and the front of the dwelling extending across the full width of the lot. In the case of a corner lot, both yards facing on a street shall be considered front yards.
PRIVATE SWIMMING POOL
Any pool other than a portable aboveground pool, designed, used or maintained for swimming or wading purposes by an individual for use by the owner, his or her family, guests, or invitees and constructed, established or maintained upon any premises as an accessory use to the residence.
All private swimming pools, other than portable aboveground pools, in the City of Lackawanna, New York, erected, constructed, excavated either below, partly above or below grade, installed upon the premises within the City of Lackawanna, shall require a building permit.
A. 
Required plans. A building permit application shall be made to the Director of Development and shall be accompanied by:
(1) 
A complete set of construction plans drawn accurately to scale or a copy of literature and plans or sketches provided by the pool manufacturer in a form acceptable to the Department of Development.
(2) 
A complete set of plot plans showing all lot lines, existing structures and yard measurements, drawn accurately to scale.
B. 
Engineer or architect. All plans for private, permanent swimming pools of a capacity in excess of 1,500 cubic feet contained within a building or erected above or below ground level shall be designed by a licensed New York State professional engineer or architect.
C. 
Fees. Each application for permit shall be accompanied by a fee of $15. There shall be an additional fee of $5 per 1,000 cubic feet capacity in excess of 3,000 cubic feet.
A bathhouse, cabana, pump house, filter house or other structure erected in connection with any such private pool shall require a building permit and shall comply with the State Building Construction Code[1] and the City of Lackawanna Zoning Ordinance[2] and any and all local laws and ordinances and any amendments hereafter adopted.
[1]
Editor's Note: See Ch. 75, Building Construction.
[2]
Editor's Note: See Ch. 230, Zoning.
A. 
Required. All plumbing and drainage connected therewith shall comply with the State Building Construction Code and shall require a plumbing permit.
B. 
Fees; drawings. Plumbing permit applications shall be accompanied by:
(1) 
The appropriate fee as established from time to time by the Council.
(2) 
Complete detailed drawings, showing filling or feed system, filtration and/or purifying system and drainage system.
A. 
All excavated private pools of 1,500 cubic feet capacity and larger shall have a drain and each drain shall be covered by a grate four times the area of the drainpipe. The grate shall be removable only by the use of a hand tool. Where gravity is impractical, proper drainage shall be provided to a storm sewer.
B. 
All pools not covered under the provisions of the preceding section shall be drained by controlled drainage.
C. 
No pool, excavated or otherwise, shall be permitted to drain freely without control over volume and direction.
All inlet feed pipes shall be of the "over rim" fill type and at a minimum height of six inches above the overflow level of water (six-inch minimum air gap).
A. 
Enclosure. The private swimming pool or the lot or any part thereof within which the pool is located shall be enclosed and fenced and the wall of a dwelling and/or accessory building may serve and be used as an integral part of the fence.
B. 
Access. Access to the pool shall be by way of a self-closing gate and/or door which shall be locked at all times when the premises are not under the direct supervision of an adult. When access is provided by a gate, the locking device shall be installed at least 3 1/2 feet above ground level of the fence.
C. 
Modification. The Zoning Board of Appeals may make modifications in individual cases upon showing of good cause with respect to height, nature of location of the fences, gates or latches or the necessity therefor, provided the protection sought hereunder is not reduced thereby.
D. 
Other protective devices. The Zoning Board of Appeals may permit other protective devices or structures to be used as long as the degree of protection afforded by the fence, gate and latch herein described is not reduced or lessened.
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed, installed or hereafter constructed or installed in such manner as to unreasonably interfere with the occupants of neighboring property.
The use of megaphones, loudspeakers or public address systems are prohibited in connection with swimming pools herein regulated, and the use of any sound-producing or reproducing devices, including human voices, shall comply with the provisions of this chapter and any other provisions contained in the Municipal Code of the City of Lackawanna.
Private swimming pools may be erected or installed only as an accessory to a dwelling, private club, community building, or commercial structure for the use of the owner or occupant, their families, guests and/or invitees.
Such swimming pool shall not be erected nearer than 10 feet from the rear or side property lines of the premises and shall not occupy more than 10% of the total area of the premises on which the same is located and shall in all other respects comply with the State Uniform Fire Prevention and Building Code and the City of Lackawanna Zoning Ordinance.
Any person who shall violate any provision of this chapter shall be guilty of a violation of the Penal Law and, upon conviction, shall be subject to a fine of not more than $250 for each and every offense. Each week's continued violation shall constitute a separate and additional offense. Notwithstanding the penalty hereinbefore provided, the City of Lackawanna may enforce obedience to this chapter by injunction to restrain such violation.