Town of West Seneca, NY Chapter 106 Swimming Pools

[HISTORY: Adopted by the Town Board of the Town of West Seneca 7-13-1970. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 55.

Excavations and topsoil removal — See Ch. 68.

Sewers — See Ch. 97.

Zoning — See Ch. 120.

§ 106-1 Definitions.

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

CONTROLLED DRAINAGE

The gradual drawing off of water from a private swimming pool to a storm sewer or a road ditch by means of direct piping thereto.

[Added 8-11-1975]

FENCE

An enclosure. Such enclosure shall be at least forty-two (42) inches in height and not exceed six (6) feet in height, constructed of masonry, wood, metal or wire no lighter than No. 11 gauge.

LADDER

Any device, no matter how constructed, intended to be used as a means of access to the outside top edge of any swimming pool whose side extends above the ground, whether or not said pool is portable.

PERSON

Any person, copartnership, association, firm or corporation.

PRIVATE SWIMMING POOL

Any pool other than a portable aboveground pool, designed, used and maintained for swimming or wading purposes.

§ 106-2 Building permit for in-ground pools.

[Amended 3-7-1988]

All private swimming pools, other than portable aboveground pools, erected, constructed, excavated, either below or partly above and partly below grade, or installed upon premises within the Town of West Seneca shall require a building permit.

§ 106-3 Fencing requirements.

A. Private swimming pools on the lot or any part thereof within which the pool is located, if constructed below or partly below grade, shall be enclosed and fenced, and the wall of a dwelling and/or accessory building may serve and be used as an integral part of the fence.

B. Access to the pool shall be by way of a self-closing gate and/or door which shall be locked with key or combination lock at all times when the premises are not under the direct supervision of an adult. When access is provided by a gate, the locking device shall be installed at least three (3) feet above ground level of the fence.

§ 106-4 Gravity drainage restricted.

[Added 8-11-1975[1]]

A. No person shall drain or back flush a private swimming pool other than by controlled drainage; provided, however, that if, because of reasons of topography, it is impracticable to drain water to a storm sewer or a road ditch, the Town Engineer is hereby empowered to waive the strict compliance with this section and approve an alternative manner of drainage.

B. Any connection to a storm sewer must be of a temporary nature and disconnected immediately upon completion of the draining or back flushing of the swimming pool.

[1] Editor's Note: This legislation also provided for the renumbering of former § 106-4, Use of ladders, to become § 106-5 and for former § 106-5, Penalties for offenses, to become § 106-6.

§ 106-5 Use of ladders.

No ladder shall be left in, adjacent to or in the vicinity of an aboveground pool, whether or not said pool is portable, unless the ladder is under the direct supervision of an adult or unless the ladder has been rendered useless as a means of access to the outside top edge of said pool.

§ 106-6 Penalties for offenses.

Any person who shall violate this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than one hundred dollars ($100.) for each and every offense. Each week's offense (violation) shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of West Seneca may enforce obedience to this chapter or any part thereof by injunction to restrain such violation.