Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 8-18-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Excavations — See Ch. 93.
Fees — See Ch. 99.
Fences — See Ch. 101.
Landscaping — See Ch. 131.
Plumbing — See Ch. 151.
Zoning — See Ch. 229.

§ 196-1 Intent.

The purpose of this chapter is to promote the health, safety and welfare of residents by regulating fencing in the Town of Clarence.

§ 196-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Building Inspector.
FENCE
A barrier enclosing a yard and/or a swimming pool and used to prevent entrance, to confine or to mark a boundary.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials.

§ 196-3 Permits and site location.

A. 
Any private swimming pool shall require a construction permit. The application must be obtained from the Building Department.
B. 
The completed application must be accompanied by a permit fee as determined by the Town Board and by a site plan which must show the height and location of the swimming pool in relation to all other structures and buildings and in relation to all streets, lot property lines and yards.
C. 
Swimming pools shall not be located in the front yard and shall not be located less than ten (10) feet from any lot line. The existing grade of the property shall not be altered within five (5) feet of the property line. The pool shall be located at least ten (10) feet from the rear or side of a dwelling.

§ 196-4 Standards.

A. 
Plumbing. All plumbing and drainage connected with the installation shall comply with the State Building Code as then in force and effect at the time of application.
B. 
Electrical. An electrical inspection shall be obtained by the designated inspection agency.
C. 
Lights. Lighting nuisances shall be prohibited. No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed, installed or hereafter constructed or installed in such a manner as to unreasonably interfere with the occupants of neighboring property.

§ 196-5 Fencing.

A. 
General requirements. Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
(1) 
It shall be at least four (4) feet in height and have a maximum vertical clearance to a grade of two (2) inches.
(2) 
Where a picket-type fence is provided, horizontal openings between pickets shall not exceed three and one-half (3 1/2) inches.
(3) 
Where a chain link fence is provided, the openings between links shall not exceed two and three-eighths (2 3/8) inches.
(4) 
Enclosure shall be constructed so as to provide the nonclimbable face visible to neighboring properties.
(5) 
Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of one hundred fifty (150) pounds, applied midway between posts and at top of posts, respectively. Enclosure fence material or fabric shall be capable of withstanding a concentrated lateral load of fifty (50) pounds applied anywhere between supports on an area twelve (12) inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching, with the latch handle located within the enclosure and at least forty (40) inches above grade.
(6) 
A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:
(a) 
Windows in the wall shall have a latching device at least forty (40) inches above the floor.
(b) 
A swinging door in the wall shall be self-latching.
(c) 
A sliding door in the wall shall have a self-latching device.
(7) 
Fencing requirements must be maintained concurrent with construction. Temporary fencing which meets the intent of this chapter may be used during the construction period.
B. 
Exemptions.
(1) 
Aboveground pools with at least an average of forty-six (46) inches between pool decking or pool top and adjoining grade are exempt from the requirements of this section, provided that access to the pool can effectively be restricted when the pool is not in use.
(2) 
A pool less than twenty-four (24) inches deep is exempt from the requirements of this chapter.

§ 196-6 Enforcement.

Enforcement shall be by the Code Enforcement Officer from the Building Department.

§ 196-7 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 less than one hundred dollars ($100.) and not more than two hundred fifty dollars ($250.) for each and every offense. Each week of violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinabove provided, the Town of Clarence may enforce obedience to this chapter or any part thereof by injunction to restrain such violations.

§ 196-8 Construal of provisions.

Within forty-five (45) days of the adoption of this chapter, it shall be unlawful for any person in possession of land within the Town of Clarence, be it the owner, purchaser under contract, lessee, tenant or licensee, who at the adoption of this chapter has a swimming pool meeting the definition aforesaid to maintain said pool without a fence meeting the requirements as set forth herein. However, in the event that said person has an existing fence at the time of the adoption of this chapter, he may make application to the Town of Clarence Building Office for approval of the existing fence. The Code Enforcement Officer, at his discretion, may grant approval of existing fences which substantially comply with this chapter. In any event, said application for the approval of existing fences must be made within forty-five (45) days of the adoption of this chapter, and, in the event that an existing fence is disapproved, said person shall have forty-five (45) days from written receipt of his disapproval thereof to comply with this chapter. No permit fee shall be charged for preexisting conditions.