[HISTORY: Adopted by the Town Board of the Town of Red Hook 4-13-1976
by L.L. No. 10-1976 as Ch. 53 of the 1976 Code; amended in
its entirety 4-11-1978 by L.L. No. 1-1978.
Sections 123-5B, 123-6A and 123-10 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Swimming Pool Law of the Town of
Red Hook".
This chapter is adopted in order to promote the health, safety and general
welfare of the residents of the Town of Red Hook by regulating the construction
and operation of swimming pools.
All construction and operations referred to in this chapter shall 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.
As used in this chapter, the following terms shall have the meanings
indicated:
Any private or semiprivate swimming, bathing or wading pool or tank
of a permanent or semipermanent nature which has a depth of more than 24 inches
and a water capacity of more than 300 cubic feet [2,250 gallons) and which
is erected or excavated either above, below or partly below grade level, excluding
lakes and ponds.
A.Â
Before any swimming pool is erected, constructed or excavated
upon a lot, a building permit shall be required. A building permit shall be
required for any enlargement or other major alteration of a swimming pool
coming within this chapter or one that will come within this chapter because
of said enlargement or alteration. Pools of a temporary nature shall require
only the original permit.
B.Â
A separate building permit, unless included in the swimming
pool permit, shall be required for any pump house, filter house, enclosure
for the pool or any other structure erected in conjunction with the swimming
pool. Such structure shall conform to all provisions of the New York State
Uniform Fire Prevention and Building Code and shall not unduly interfere with
the use or enjoyment of adjacent property.[1]
A.Â
A. [1]Each application for a building permit to erect, construct or excavate
a swimming pool must be accompanied by a fee as established from time to time
by resolution of the Town Board and by plans in sufficient detail to show
the following:
(1)Â
A plot plan of the property on which the swimming pool
is to be constructed or placed, showing the location of the swimming pool
with reference to the side lines, rear lines, grades, sanitary systems, public
utilities and other structures on the property, and to those on adjoining
properties within 15 feet of the building lines of the proposed pool.
(2)Â
The pool dimensions and depths.
(3)Â
The locations and dimensions of the fence and any structures
or appurtenances that are to be built in conjunction with the swimming pool.
(4)Â
The location, size and description of all proposed drains.
B.Â
These plans must be approved by a licensed professional
engineer, registered architect, recognized pool contractor or the Building
Inspector.
A swimming pool shall be provided with adequate drainage. Upon inspection
of the property by the Building Inspector, approval may be issued by him or
her to discharge the pool water onto the lawn, in fields or woods or to a
dry well or series of dry wells, provided that the water does not overflow
onto the adjoining property.
A.Â
No lighting shall be installed in such a manner that
it may be an annoyance to the owners of adjacent property. Under normal-circumstance
floodlighting, the illumination of adjacent property may be sufficient to
constitute an annoyance.
B.Â
The construction and installation of electrical wiring
for equipment in or adjacent to swimming pools, to metallic appurtenances
in or within five feet of the pool and to the auxiliary equipment, such as
pumps, filters and similar equipment, must be in compliance with the National
Electrical Code. No electrical appliance or wiring shall be installed in the
water or in the enclosing walls of a swimming pool except in conformity with
the provisions of the National Electrical Code.
A.Â
There shall be erected around the swimming pool a fence
having a minimum height of four feet, designed to prevent small children from
wandering into said pool and so constructed as not to shut off light or air
to any building. A pool whose basic structure or whose walls have a minimum
height of four feet, which provides fencing, will not require separate fencing.
B.Â
Such fence shall completely surround the area of the
swimming pool but shall not be less than three feet from the edge of the swimming
pool except where an integral part of the pool. Any gate shall have a locking
device and shall be locked while the premises are not under supervision of
an adult or an experienced swimmer. All stairs, pool ladders or pool-entering
devices must be removed or raised to prevent access when the pool is not in
use.
C.Â
Any structure adjacent to the pool may serve as a portion
of the fence.
Any person who shall violate this chapter shall be guilty of an offense
and, upon conviction, shall be subject to a fine of $250 or imprisonment for
not more than 15 days, or both, Each week's violation shall constitute
a separate and additional violation. Notwithstanding the penalty hereinbefore
provided, the Town of Red Hook may enforce obedience to this chapter or any
part thereof by injunction to restrain such violation.
The Building Inspector shall be empowered to enforce this chapter and
the regulations set forth herein.
In any case where a provision of this chapter is found to be in conflict
with a provision of any local law or code of the municipality on the effective
date of this chapter, the provision which establishes the higher standard
shall prevail.