This article shall govern all swimming pools
having a capacity of 10,000 gallons or more, that are now using or
that in the future will use Town municipal water in any of the Town
Water Districts. However, this article shall not apply to the incorporated
Village of Woodridge, New York.
All owners and/or operators of swimming pools
within any Town Water District shall apply for a permit with the Superintendent
of the Water District. The applicant shall give:
[Amended 5-11-2010 by L.L. No. 7-2010]
Fees shall be paid at the time the application
is filed and shall be in an amount as shall be set from time to time
by resolution of the Town Board for each application.
[Amended 10-24-2022 by L.L. No. 7-2022]
Upon receipt of the application for a permit,
the Building Department and/or the Water Department shall cause an
inspection to be made of the swimming pool area and equipment. If
all requirements of this article and all other applicable laws and
regulations are met by the applicant, a permit shall be issued to
the applicant.
A.
All pools shall be constructed of smooth impervious
material that can be readily cleaned and disinfected.
B.
Recirculating pumps shall have a capacity that will
permit recirculation of the water content of the pool in eight hours
or less; the filtration rate, however, is not to exceed three gallons
per minute per square foot of filter area.
C.
The water in the swimming pool shall at all times
be kept sufficiently clear so that a white-and-black object four inches
in diameter will be clearly visible from the sides of the pool when
placed on the bottom of the pool at the deepest point.
D.
All pools shall be provided with an outlet at the
deepest point of sufficient size to permit the pool to be completely
drained in four hours or less. Outlet openings or gratings in the
floor of the pool shall be at least four times the area of the discharge
pipe and the gratings shall be placed so as not to be readily removable
by bathers.
E.
Fresh water inlet shall be installed at least six
inches above the rim of the pool so that the pool water will not be
siphoned back into the potable water supply.
F.
Chlorinators used in connection with disinfecting
pool water shall have a maximum capacity equivalent to a dose of two
ppm for indoor pools and a dose of at least four ppm for outdoor pools.
G.
If gas feeding chlorinators are used, they shall be
installed in a separate room or enclosure which is separated from
the pool, corridors, dressing rooms or other space used by the bathers
by a tight partition wall, fitted if necessary, with a door so designed
with seals as to prevent gas leakage.
H.
Alum pots, so called, shall not be used in the application
of alum as a coagulant. Instead, coagulating agents shall be introduced
into the water by any suitable chemical feeder that permits uniform
dosage and distribution.
I.
Whenever alum is used in water purification, the water
shall show an alkaline reaction with a pH value of 7.0 or above.
J.
Tests for the presence of residual chlorine, pH of
the water and clearness of the water shall be made as frequently as
necessary. Each pool shall be equipped with the necessary testing
kits and a daily record of the readings shall be kept.
K.
All swimming
pool inlets, outlets and barriers shall comply with the current requirements
of the International Swimming Pool and Spa Code.
[Added 5-11-2010 by L.L.
No. 7-2010]
Any permit issued hereunder may be revoked summarily
upon conviction for violation of this article or upon failure of the
holder of said permit to discontinue using water for his swimming
pool upon order of the Superintendent of the Water District to do
so.
[Added 1-12-1993 by L.L. No. 1-1993]
A.
Maintenance.
(1)
Any swimming pool located within the Town of Fallsburg,
excepting the Incorporated Village of Woodridge, shall be maintained
as required by laws of the State of New York and rules and regulations
of its agencies.
(2)
Every owner and/or operator of a swimming pool in
the Town of Fallsburg shall maintain the swimming pool in compliance
with the rules and regulations of the New York State Department of
Health, and in particular, no water shall be permitted to remain in
a swimming pool that is not in compliance with such rules and regulations.[1]
[1]
Editor’s Note: Former Subsection A(3), regarding clarity
of swimming pool water, and which immediately followed this subsection,
was repealed 5-11-2010 by L.L.
No. 7-2010; and original § 45.37A.4, providing
penalties, and which immediately followed former Subsection A(3),
was deleted 5-11-2010 by L.L. No. 7-2010.
B.
Deterioration. If the Code Enforcement Officer finds
that a swimming pool is, for any of the following reasons, in unusable
condition, it is to be repaired and brought to a usable condition
within 30 days after notice is delivered in person or mailed by certified
mail to the owner's last known address as shown on the rolls of the
Assessor of the Town of Fallsburg. A swimming pool shall not be permitted
to deteriorate so that:
[Added 5-11-2010 by L.L.
No. 7-2010]
(1)
It
is no longer usable for the purpose for which it is constructed;
(2)
It
is no longer capable of holding water;
(3)
Its
water filter system or supply is no longer usable;
(4)
If
a metal pool, it is rusting, rotting and becoming unsightly; or
(5)
In
the case of a concrete swimming pool, the concrete is spalling, broken,
cracked, and/or chipped.
C.
Failure to make repairs. Upon failure to make such
repairs within the thirty-day period as provided above, a notice of
hearing shall be served upon the owner returnable before the Town
Board at least 10 days after service, at which time the Town Board
shall conduct a hearing and make a determination whether or not the
swimming pool is in such condition that it must be removed or repaired
and issue an order to perform said work within a reasonable time as
determined by the Town Board.
D.
Performance of work by Town. Upon the failure of the
owner to repair or remove the same, the Town shall remove said swimming
pool or fill said swimming pool with gravel, or other appropriate
material, cover it with topsoil, and charge the cost against the owner,
which cost shall be 1 1/2 times the direct cost incurred by the Town
to cover administration and supervision.
[Amended 5-11-2010 by L.L. No. 7-2010]
E.
Collection and enforcement charges.
(1)
All unpaid delinquent charges and penalties shall
constitute a first lien on the real property and on the first day
of November of each year, the Supervisor shall present to the Town
Board a statement setting forth the amount of each lien for services
in arrears, the real property affected thereby and the name of the
person in whose name the real property is assessed.
(2)
The Town Board shall levy the amounts contained in
such statement against the real property liable at the same time and
in the same manner as Town taxes and such amounts shall be set forth
in a separate column in the annual tax rolls. The amount so levied
shall be levied and enforced in the same manner and at the same time
as may be provided by law for the collection and enforcement of Town
taxes.
