[HISTORY: Adopted by the Town Board of the
Town of Chili 6-26-1968 (Ch. 99 of the 1980 Code). Amendments noted where applicable.]
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."
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.
When used in this chapter, certain words and
terms shall have the following meanings:
All swimming pools having all or any section of their exterior
wall above the surrounding ground level.
All swimming pools having their entire water surface below
the level of the surrounding ground.
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.
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]
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.
A.
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]
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.
[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.
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]
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.
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.
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.
[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.
[Amended 7-18-1979; 12-3-2008 by L.L. No. 4-2008; 6-14-2023 by L.L. No. 2-2023]
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.
