Town of Red Hook, NY Chapter 123 Swimming Pools

[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.]

GENERAL REFERENCES

Fire prevention and building construction — See Ch. 74.

Subdivision of land — See Ch. 120.

Water — See Ch. 139.

Zoning — See Ch. 143.

§ 123-1 Title.

This chapter shall be known as the "Swimming Pool Law of the Town of Red Hook".

§ 123-2 Legislative intent.

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.

§ 123-3 Compliance with regulations.

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.

§ 123-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SWIMMING POOL

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.

§ 123-5 Building permit required.

A. 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. 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]

[1] Editor's\Note:\Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 123-6 Permit application.

A. 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) 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) The pool dimensions and depths.

(3) The locations and dimensions of the fence and any structures or appurtenances that are to be built in conjunction with the swimming pool.

(4) The location, size and description of all proposed drains.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. These plans must be approved by a licensed professional engineer, registered architect, recognized pool contractor or the Building Inspector.

§ 123-7 Drainage.

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.

§ 123-8 Lighting and electrical standards.

A. 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. 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.

§ 123-9 Fencing requirements.

A. 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. 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. Any structure adjacent to the pool may serve as a portion of the fence.

§ 123-10 Penalties for offenses. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 123-11 Enforcement officer.

The Building Inspector shall be empowered to enforce this chapter and the regulations set forth herein.

§ 123-12 Conflict with other provisions.

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.