HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987
as Ch. 35 of the 1987 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Swimming Pool Ordinance
of the City of Lackawanna, New York."
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
An enclosure at least four feet in height and not exceeding seven
feet in height, constructed of masonry, wood, metal or wire no lighter than
11 gauge.
The area of a lot lying between the street lot line and the front
of the dwelling extending across the full width of the lot. In the case of
a corner lot, both yards facing on a street shall be considered front yards.
Any pool other than a portable aboveground pool, designed, used or
maintained for swimming or wading purposes by an individual for use by the
owner, his or her family, guests, or invitees and constructed, established
or maintained upon any premises as an accessory use to the residence.
All private swimming pools, other than portable aboveground pools, in
the City of Lackawanna, New York, erected, constructed, excavated either below,
partly above or below grade, installed upon the premises within the City of
Lackawanna, shall require a building permit.
A.
Required plans. A building permit application shall be
made to the Director of Development and shall be accompanied by:
(1)
A complete set of construction plans drawn accurately
to scale or a copy of literature and plans or sketches provided by the pool
manufacturer in a form acceptable to the Department of Development.
(2)
A complete set of plot plans showing all lot lines, existing
structures and yard measurements, drawn accurately to scale.
B.
Engineer or architect. All plans for private, permanent
swimming pools of a capacity in excess of 1,500 cubic feet contained within
a building or erected above or below ground level shall be designed by a licensed
New York State professional engineer or architect.
C.
Fees. Each application for permit shall be accompanied
by a fee of $15. There shall be an additional fee of $5 per 1,000 cubic feet
capacity in excess of 3,000 cubic feet.
A bathhouse, cabana, pump house, filter house or other structure erected
in connection with any such private pool shall require a building permit and
shall comply with the State Building Construction Code[1] and the City of Lackawanna Zoning Ordinance[2] and any and all local laws and ordinances and any amendments hereafter
adopted.
A.
Required. All plumbing and drainage connected therewith
shall comply with the State Building Construction Code and shall require a
plumbing permit.
A.
All excavated private pools of 1,500 cubic feet capacity
and larger shall have a drain and each drain shall be covered by a grate four
times the area of the drainpipe. The grate shall be removable only by the
use of a hand tool. Where gravity is impractical, proper drainage shall be
provided to a storm sewer.
B.
All pools not covered under the provisions of the preceding
section shall be drained by controlled drainage.
C.
No pool, excavated or otherwise, shall be permitted to
drain freely without control over volume and direction.
All inlet feed pipes shall be of the "over rim" fill type and at a minimum
height of six inches above the overflow level of water (six-inch minimum air
gap).
A.
Enclosure. The private swimming pool or the lot or any
part thereof within which the pool is located 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. Access to the pool shall be by way of a self-closing
gate and/or door which shall be locked 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 3 1/2 feet above
ground level of the fence.
C.
Modification. The Zoning Board of Appeals may make modifications
in individual cases upon showing of good cause with respect to height, nature
of location of the fences, gates or latches or the necessity therefor, provided
the protection sought hereunder is not reduced thereby.
D.
Other protective devices. The Zoning Board of Appeals
may permit other protective devices or structures to be used as long as the
degree of protection afforded by the fence, gate and latch herein described
is not reduced or lessened.
No artificial lighting shall be maintained or operated in connection
with any swimming pool presently constructed, installed or hereafter constructed
or installed in such manner as to unreasonably interfere with the occupants
of neighboring property.
The use of megaphones, loudspeakers or public address systems are prohibited
in connection with swimming pools herein regulated, and the use of any sound-producing
or reproducing devices, including human voices, shall comply with the provisions
of this chapter and any other provisions contained in the Municipal Code of
the City of Lackawanna.
Private swimming pools may be erected or installed only as an accessory
to a dwelling, private club, community building, or commercial structure for
the use of the owner or occupant, their families, guests and/or invitees.
Such swimming pool shall not be erected nearer than 10 feet from the
rear or side property lines of the premises and shall not occupy more than
10% of the total area of the premises on which the same is located and shall
in all other respects comply with the State Uniform Fire Prevention and Building
Code and the City of Lackawanna Zoning Ordinance.
Any person who shall violate any provision of this chapter shall be
guilty of a violation of the Penal Law and, upon conviction, shall be subject
to a fine of not more than $250 for each and every offense. Each week's
continued violation shall constitute a separate and additional offense. Notwithstanding
the penalty hereinbefore provided, the City of Lackawanna may enforce obedience
to this chapter by injunction to restrain such violation.
