Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chili 6-26-1968 (Ch. 99 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 210.
Electrical inspections — See Ch. 248.
Plumbing licenses — See Ch. 378.
Zoning — See Ch. 500.

§ 444-1 Purpose; authority; title.

The Town Board of the Town of Chili in the County of Monroe and the State of New York, in pursuance of the authority conferred by the Town Law in the State of New York in order to promote the health, safety and general welfare of the inhabitants of the Town of Chili, enacts the following ordinance, which shall be known as the "Swimming Pool Ordinance of the Town of Chili."

§ 444-2 Compliance with other standards required.

All construction and operation referred to in this chapter must be in accordance with federal, state and local laws and codes. All sanitation conditions must comply with the rules of the State and County Boards of Health.

§ 444-3 Definitions.

When used in this chapter, certain words and terms shall have the following meanings:
ABOVEGROUND SWIMMING POOL
All swimming pools having all or any section of their exterior wall above the surrounding ground level.
INGROUND SWIMMING POOL
All swimming pools having their entire water surface below the level of the surrounding ground.
PERMANENT CONSTRUCTION
The installation of an above- or below-ground swimming pool which requires more than a one-foot excavation for any part of the pool, and/or 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.
SWIMMING POOL
All private or semiprivate swimming, bathing and wading pools, above or below the ground, of a 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 or constructed, whether out of doors or inside a structure or building.
[Amended 12-3-2008 by L.L. No. 4-2008]
TEMPORARY CONSTRUCTION
The installation of an aboveground swimming pool which requires less than a one-foot excavation for any part of the pool, with no platform encircling or partly encircling the pool other than an entrance platform four feet by four feet maximum size, all of which can be dismantled and stored.

§ 444-4 Application of zoning and building regulations.

A. 
A swimming pool shall be deemed to be a structure under the Zoning Ordinance of the Town of Chili,[1] and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.[2]
[Amended 12-3-2008 by L.L. No. 4-2008]
[1]
Editor's Note: See Ch. 500, Zoning.
[2]
Editor's Note: See Ch. 210, Construction Codes, Uniform.
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, etc., must comply with the New York State Board of Health regulations.
D. 
The building line of the pool shall be considered to be its outside wall.
[Amended 12-3-2008 by L.L. No. 4-2008]

§ 444-5 Permit required; application requirements.

A. 
Building permit.
[Amended 12-3-2008 by L.L. No. 4-2008]
(1) 
Before any swimming pool is moved, placed, erected, assembled or excavated upon a lot, a building permit shall be required.
(2) 
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 regulations and ordinances of the Town of Chili and shall not unduly interfere with the use or enjoyment of the adjacent property.
(3) 
Such permit shall expire 90 days from the date of issuance of said permit. The swimming pool is not to be used until a final inspection has been made by the Code Enforcement Officer and a certificate of occupancy/certificate of compliance is issued.
B. 
Application requirements.
(1) 
Each application for a building permit to erect, construct or excavate a swimming pool or to enlarge an existing pool or to build an ancillary structure must be accompanied by a building permit application and by plans in sufficient detail to show the following:
[Amended 12-3-2008 by L.L. No. 4-2008]
(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.

§ 444-6 Location restrictions.

[Amended 7-11-1973; 12-3-2008 by L.L. No. 4-2008]
The location of a permanent or temporary swimming pool on the property must meet the following requirements. Any deviation from these requirements shall require a variance by the Zoning Board of Appeals. Any swimming pool shall:
A. 
Not be placed in the front yard; however, any swimming pool erected on a corner lot shall not be nearer than the secondary frontage setback of the existing dwelling.
B. 
Be at least 10 feet from any side yard line and rear yard line.
C. 
Be at least 15 feet from any portion of the main dwelling for an inground swimming pool and at least 10 feet from any portion of the main dwelling for an aboveground swimming pool (decks and open porches excluded).
D. 
Be at least 10 feet from any active well, septic tank, leach bed, etc.
E. 
Not endanger the health and/or safety of its user and not unduly interfere with the use and enjoyment of the adjacent property.

§ 444-7 Construction requirements; safety equipment; plumbing.

A. 
The swimming pool shall be deemed 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. 
The swimming pool shall be required to have adequate equipment to properly recirculate, filter, algicide and germicide the water of the pool, with provisions and instructions for maintenance of same.
C. 
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.[1]
[1]
Editor's Note: Original § 99-7D(2), re: ring buoy, which immediately followed this subsection, was deleted 12-3-2008 by L.L. No. 4-2008.
(2) 
Other safety equipment acceptable to the Code Enforcement Officer may be accepted as an alternative to meeting the requirements of Subsection D(1) above, so long as the degree of protection afforded by the same is not less than the protection afforded by Subsection D(1) above.
[Added 12-3-2008 by L.L. No. 4-2008]
E. 
The Code Enforcement Officer shall pass upon the safety and adequacy of the design, materials, construction and equipment of all swimming pools. In doing so, such official may be guided by the Minimum Standards for Residential Pools of the National Swimming Pool Institute.
[Amended 12-3-2008 by L.L. No. 4-2008]
F. 
No part of the pool structure, with the exception of a deck, shall project more than 4 1/2 feet above the surrounding existing grade, except by special permit.
[Amended 12-3-2008 by L.L. No. 4-2008]
G. 
Where applicable, all plumbing must conform to the plumbing regulations of the New York State Uniform Fire Prevention and Building Code. If connections are to be made to a public water or storm sewer, work must be done under the supervision of a licensed plumber.
[Amended 12-3-2008 by L.L. No. 4-2008]

§ 444-8 Water supply; drainage.

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) 
It must be possible to drain all pools into a storm sewer or a natural waterway, either by gravity, syphon or through the filter pump system.
(3) 
There shall be no drainage over adjoining property without the permission or consent of the owners.

§ 444-9 Fencing.

A. 
Every inground swimming pool shall be entirely encircled by a fence.
B. 
Every aboveground swimming pool having all or any section of its exterior wall less than four feet, measured in a vertical line from the top of the exterior wall to the ground level, shall be entirely encircled by a fence.
[Amended 12-3-2008 by L.L. No. 4-2008]
C. 
Every aboveground swimming pool having an exterior wall four 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.
[Amended 12-3-2008 by L.L. No. 4-2008]
D. 
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 shall not be easily climbed or crawled under. The fence shall have a gate capable of being locked and shall be locked when unattended. Construction of the fence shall meet the requirements of the New York State Uniform Fire Prevention and Building Code.
[Amended 12-3-2008 by L.L. No. 4-2008]
E. 
The fence for an inground swimming pool and an aboveground swimming pool having an exterior wall of less than four feet in height shall not be less than five feet from the inside wall of the pool and shall completely surround the swimming pool.
[Amended 12-3-2008 by L.L. No. 4-2008]
F. 
Portions of exterior walls of the structures on the property or lot line fences may be used for these fencing requirements, subject to the requirements of the New York State Uniform Fire Prevention and Building Code.
[Amended 12-3-2008 by L.L. No. 4-2008]
G. 
An aboveground swimming pool with a deck must have a fence of at least four feet but not to exceed six feet in height on the outside edge of the deck.
[Amended 12-3-2008 by L.L. No. 4-2008]
H. 
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.

§ 444-10 Lighting and electrical work.

A. 
All lighting and electrical work shall conform to the Electrical Code of the State of New York and shall be inspected and approved by an electrical inspection agency licensed by the Town of Chili.
[Amended 12-3-2008 by L.L. No. 4-2008]
B. 
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. 
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.

§ 444-11 Proper maintenance required; abatement of hazards.

[Amended 12-3-2008 by L.L. No. 4-2008]
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 or 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 Building Department.[1]
[1]
Editor's Note: Original § 99-12, Use of swimming pools, which immediately followed this section, was deleted 12-3-2008 by L.L. No. 4-2008.

§ 444-12 Applicability to existing pools.

A. 
All sections of this chapter shall apply to existing pools erected prior to 1968 except §§ 444-5A(1), 444-6, 444-7E, F and G and 444-10.
[Amended 12-3-2008 by L.L. No. 4-2008]
B. 
Existing pool owners shall have 30 days after this chapter becomes effective to comply with § 444-7D.
C. 
Existing pool owners shall have 120 days after this chapter becomes effective to comply with § 444-9.

§ 444-13 Penalties for offenses.

[Amended 7-18-1979; 12-3-2008 by L.L. No. 4-2008]
A person who shall violate any provisions of this chapter or shall fail to comply therewith or shall violate or fail to comply with any order or regulation made hereunder shall be punishable, upon conviction, by a fine not to exceed $250 or a term of imprisonment not to exceed 15 days, or both, for each such offense.