Town of Haverstraw, NY Swimming Pools and Ponds

COMMERCIAL SWIMMING POOLAn artificial facility for swimming operated for gain or in conjunction with any commercial enterprise and open to the public.

CLUB SWIMMING POOLAn artificial facility for swimming operated for members and their guests.

PRIVATE SWIMMING POOLAn 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 and their guests.

PERMANENTLY INSTALLED POOLSOne which is substantially affixed into or onto the ground or not easily dismantled for storage or movement to another site.

OUT-OF-GROUND POOLAn artificial facility for swimming where access is obtained by a ladder not located within the pool or by a deck which is accessed by a ladder.

§ 150-2 Regulations.

All outdoor swimming pools are required to meet the following regulations.

No permanently installed swimming pool over 24 inches in depth shall be constructed, installed or enlarged unless a building permit is issued therefor. The application shall provide the Building Inspector with a plot plan showing the location of the pool and plans and specifications in detail to be determined by the Building Inspector. Fees are to be charged for said permit by the Building Inspector.

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 to the pool area by any persons.

(1)

If of wire mesh, fencing is not to have linkage of more than two inches in diameter and shall be nonclimbable.

(2)

Where picket-type fence is provided, horizontal openings between pickets shall not exceed four inches.

(3)

All fencing shall be at least four feet in height and have a maximum vertical clearance to grade of two inches and shall be constructed so as not to provide footholds and shall extend above the horizontal bar.

(4)

Enclosures shall have railings and posts within the enclosure which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts respectively. Material or fabric shall be capable of withstanding a concentrated load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation.

(5)

Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade. Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool. During the periods that swimming pools are not in use and are unattended, the gate in a fence shall be locked or the pool cover affixed in place or the ladder removed from a pool which can only be entered by means of a ladder so that no entry into the pool can be made by any person.

(6)

Out-of-ground pools shall have elevated metal or wood guard rails at a minimum of 2 1/2 feet in height and shall be erected and maintained around the outside of the pool coping, deck or walkway on top of said pool. Such elevated metal or wooden guardrails shall satisfy the fence requirements of this chapter; provided, however, that where the out-of-ground pool has a deck which abuts or is adjacent to, a dwelling and direct access to the deck is through the exterior wall of the dwelling, the following additional requirements shall apply:

(a)

All windows in the wall shall have a latching device at least 40 inches above the floor;

(b)

A swinging door in the wall shall be self-closing and self latching;

(c)

A sliding door shall have a self-latching device.

(7)

The owners of all permanently installed pools shall submit to the Building Inspector site lighting, if installed or to be installed, and plumbing plans which shall comply with the Building Code of the Town of Haverstraw. No lighting may be installed which will throw any light beyond the property lines of the parcel upon which the pool is located. Drainage shall be only into an approved storm sewer or watercourse or in a manner which does not drain onto neighboring property, either over or through the ground. No pool walls shall be located within 10 feet of an adjoining residentially zoned lot. All appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures shall comply with all applicable requirements of the Building Code[1] and Zoning Ordinance[2] of the Town of Haverstraw. Private pools shall not be located within any front yard in any residential district and shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.

[1]

Editor's Note: See Ch. 84, Fire Prevention and Building Construction.

[2]

Editor's Note: See Ch. 167, Zoning.

(8)

If water for a pool is supplied from a public water supply system, the inlet shall be above the overflow level of the pool. If the water is supplied from a private well, there shall be no cross-connection with the public water supply system. The pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the State Sanitation Code relating to public swimming pools.

(9)

Club swimming pools shall be permitted only as an accessory structure to a membership club in the zoning district where said club is a permitted use and subject to the area and yard requirements of that district. Where commercial pools are a permitted principal use by the Zoning Ordinance,[3] said commercial pools shall comply with the area, yard and other requirements of the Zoning Ordinance for those districts. See § 167-16 for swimming clubs or swimming pools other than private swimming pools.

[3]

Editor's Note: See Ch. 167, Zoning.

(10)

No loudspeaker device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool.[4]

[4]

Editor's Note: See Ch. 114, Noise.

(11)

In addition to the other regulations set forth above, all pools shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code.

§ 150-3 Existing pools.

Sections 150-1 and 150-2 herein shall apply to existing pools, and owners of said pools shall have 60 days to comply with the requirements of these sections.

§ 150-4 Ponds.

Every person owning land in the Town on which there is situated a pond or other body of water, except a swimming pool regulated by this chapter, in which swimming and bathing are permitted and which are capable of holding 30 inches or more of water in depth at any point shall erect and maintain thereon an adequate enclosure either surrounding the entire property or surrounding the pool, sufficient to make such body of water inaccessible to children. Such enclosure, including gates therein, shall have a height not less than four feet above the underlying ground; all gates shall be self-latching with latches placed not less than four feet above the underlying ground and shall be key-locked when not supervised by an adult on the premises.

The Town Board reserves the right to relieve any property owner from compliance with the foregoing provisions or to permit modification or erection of substitute enclosures upon application of such property owner at a regular meeting of the Town Board.

§ 150-5 Applicability.

This chapter does not apply to rubber or plastic pools less than 18 inches in depth which are merely laid on the ground and are generally used by children.

§ 150-6 Penalties for offenses.

Any person violating any provision of this chapter shall be punishable, upon conviction, by a fine of not more than $250 in the instance of a private pool and $1,000 in all other instances or imprisonment for a period not exceeding 15 days, or both.