[HISTORY: Adopted by the Town Board of the Town of Kingsbury 3-26-1984 by L.L. No.
3-1984 (Ch. 71 of the 1983 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A "permanently installed pool" is one which is affixed into
the ground or which rests on top of the ground and which has a wall
height or maximum water depth exceeding 18 inches and a surface area
exceeding 120 square feet.
An 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.
A body of water, artificial or semi-artificial receptacle
located outdoors and having a wall height or maximum water depth,
whichever is greater, exceeding 18 inches and with the surface area
exceeding 120 square feet.
No swimming pool shall be installed or maintained out of doors
unless:
A.
Owners of all proposed permanently installed pools shall submit to
the Building Inspector a proposed site plan for the installation of
such pool prior to construction.
B.
Such pool shall be completely surrounded by a substantial nonclimbable
fence constructed of natural or artificial materials. Such fence shall
not be less than four feet in height and shall be supported with posts
firmly embedded at intervals of not more than eight feet. If of wire-mesh
construction, this fence shall not have openings, holes or gaps larger
than two inches in diameter and shall be of a gauge not more than
12. A dwelling house or accessory building or structure may be used
as part of such enclosure. The owners of aboveground pools whose solid
walls prevent entrance to the pool except by entrance ladder shall
be deemed to comply with the fencing requirements of this chapter.
C.
No pool wall or related structure shall be located within eight feet
of an adjoining lot line.
D.
Private pools shall not be located within a front yard in any district.
E.
No pool wall or related structure shall be constructed within 10
feet from a sewage disposal system.
F.
All gates or doors opening through enclosures around the swimming
pool shall be equipped with a self-closing and self-latching device
for keeping the gate or door securely closed at all times when the
owner or occupant of the premises is not present at the swimming pool,
except that a door of any dwelling which forms a part of the enclosure
need not be so equipped. Such self-latching device shall be placed
as high as possible on the gate and out of the reach of small children.
G.
An open and unobstructed maintenance area at least three feet in
width shall be maintained between the fencing and the side walls of
the pool.
No work shall be commenced on the construction or installation
of any swimming pool, including any excavation or removal of sand,
gravel, topsoil or other materials, until the plans and specifications
therefor have been approved by the Building Inspector and a building
permit has been issued by the Town of Kingsbury.
The plans and specifications shall contain a certification by
the installer that if the water for a swimming pool is supplied from
a private well, there is no cross-connection with the public water
system; that if the water for such pool is supplied from the public
water supply, the inlet shall be above the overflow level of the pool;
that the drain of such swimming pool is adequate and within the subject
premises and will not interfere with the public or private water supply
system, with existing sanitary facilities or with the public highway;
and that the construction meets the minimum requirements of the New
York State Building Code.
Each swimming pool shall be used and maintained in accordance
with the provisions of the New York State Sanitary Code.
The fencing requirements shall apply to all existing pools within
the Town of Kingsbury, and the owners of said pools shall have 90
days from the effective date of this chapter to comply with this requirement.
