Town of Cicero, NY Swimming Pools

Any structure, basin, chamber, or tank which is intended for swimming, diving, recreational bathing, or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 milimeter) deep at any point. This includes in-ground, aboveground, and on-ground pools, indoor pools, hot tubs, spas, and fixed-in-place wading pools.

[Amended 4-24-2019 by L.L. No. 9-2019]

§ 188-2 Building permit fee.

[Amended 5-23-1988; 12-11-2000 by L.L. No. 9-2000]

The building permit fee for a swimming pool shall be an amount separately specified in a Town Board resolution.

§ 188-3 Building permit required; procedure.

No building permit for the erection or maintenance of a swimming pool shall be issued except upon compliance with the following provisions:

Survey. An application shall be accompanied by a survey showing the exact location of the pool with reference to lot side lines, existing buildings, water mains, electric lines, gas lines and sewer lines. The application shall show the manner and method of disposal of wastewater.

Enclosures. All pools will be provided with an enclosure that complies with the applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code), as applicable for the specific parcel, except where exempted by the Uniform Code.

[Amended 6-24-1991; 9-29-1993; 7-24-2013 by L.L. No. 7-2013]

Inground pools. No building permit for the installation of an inground pool shall be issued without these additional safety precautions. A temporary fence (snowfence or reasonable facsimile) shall be installed around the perimeter of the pool during construction in any area not covered with a permanent fence. The temporary fence shall remain for a period not to exceed 30 days at which time a permanent fence shall be installed. The thirty-day period for the temporary fence shall take effect upon the introduction of water into the pool.

Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or on the pool and cast no direct light or reflections onto abutting properties.

Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenances. All pools shall be grounded and conform to generally accepted and approved Electrical Underwriters Laboratory Standards.

Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and the fence erected around the pool. Aboveground pools with attached aboveground platforms and fenced shall be acceptable upon compliance with Subsection B of this section.

Disposal of wastewater. Wastewater shall not be discharged into any public sanitary sewer of the Town of Cicero. Wastewater shall be prevented from flowing over or into the land of any adjoining property owner or over or into an abutting street.

Commercial sales. Commercial businesses conducted for the sale and installation of swimming pools and related items shall adhere to all the requirements as set forth for the residential swimming pools. No person conducting a business for the sale of swimming pools and related items shall install or have installed a swimming pool in the Town of Cicero without first acquiring a building permit as hereinabove provided.

Existing pools. Existing pools shall be made to conform to provisions of this section. Failure to bring existing swimming pools into conformance with all provisions of this chapter within 120 days after proper notice by the Zoning Officer or his department shall make the owner or lessee liable to conviction of a misdemeanor and to a fine of not more than $25. Each week's continued violation shall constitute a separate and additional violation. Such fines shall be collected as like fines or penalties are by law collected.

Abandonment. Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed and the Zoning Officer notified thereof.

§ 188-3.1 Maintenance and abandonment of swimming pools.

[Added 7-24-2013 by L.L. No. 7-2013]

Every swimming pool presently constructed or installed or hereinafter constructed or installed shall be maintained at all times in such manner as never to constitute a nuisance, hazard or menace to the public health or safety. The water contained in swimming pools shall, at all times, be properly chlorinated and the quality maintained so as to be suitable for human bathing and swimming. At no time shall the water contained in swimming pools or, if the swimming pools have been drained, shall rain water or water from some other source be permitted to accumulate or pond in the swimming pool such that the water becomes stagnant and could harbor mosquito larvae or other vector. Any such hazard that may exist or develop in or in consequence of or in connection with any swimming pool, shall be forthwith abated by the person in possession, owning or having jurisdiction over such swimming pool upon receipt of notice from the Town Zoning Enforcement Officer.

No swimming pool shall be abandoned or its use permanently discontinued unless, if the swimming pool is an in-ground pool, the owner of the property fills the swimming pool with clean soil and restores the surface of the ground to its original grade or, if the pool is an aboveground pool, demolishes the swimming pool, removes the demolition debris from the property and restores the land on which the swimming pool was located to its original condition within 30 days of abandoning or permanently discontinuing use of the swimming pool. In the event the person in possession, owning or having jurisdiction over a swimming pool does not abate a swimming pool hazard or hazards within 10 days of receipt of the notice from the Town Zoning Enforcement Officer or permits a swimming pool hazard or hazards to recur more than three times during any one calendar year, the swimming pool shall be deemed to be abandoned.

In the event the owner of the property on which a swimming pool has been abandoned or its use permanently discontinued shall fail to fill such swimming pool with clean soil, if the pool is an in-ground pool; or to demolish the swimming pool and remove the debris, if the pool is an aboveground swimming pool within 30 days after receipt of written notice given by the Zoning Enforcement Officer, the Town may, in addition to all other available remedies, proceed to fill and/or demolish such swimming pool, and the expense of so doing shall become a lien against such property and shall be collected in the same manner as taxes levied against said property.

§ 188-4 Penalties for offenses.

Any person who violates any provision of this chapter except Subsection I of § 188-3 shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. In addition, the violation of this chapter except Subsection I of § 188-3 shall subject the person violating the same to a civil penalty in the amount of $50, and when a violation of this chapter or any of its provisions is continuous, each 24 hours thereof shall constitute a separate and distinct violation, said penalty to be recovered by the Town of Cicero in a civil action. The application of the above-described penalties or any prosecution for the violation of the provisions of this chapter shall not be deemed to prevent the forcible removal of conditions prohibited by this chapter.