[HISTORY: Adopted by the Common Council of the City of Fulton 7-2-1974 (Ch. 151 of
the 1991 Code). Amendments noted where applicable.]
[Amended 7-5-2011 by L.L. No. 2-2011]
As used in this chapter, the following terms shall have the
meanings indicated:
The Bureau of Code Enforcement.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches deep at any point. This includes in-ground, aboveground
and on-ground pools, indoor pools, hot tubs, spas and fixed-in-place
wading pools. NOTE: A pool which is capable of containing more than
24 inches of water is a swimming pool even if the pool is filled to
a depth of less than 24 inches.
[Amended 5-5-1981]
It shall be unlawful to establish or construct a swimming pool
without first obtaining a building permit in the manner herein prescribed:
A.
No person shall construct or install a private swimming pool without
having first applied for and secured approval of the issuance of a
building permit from the Bureau.
[Amended 7-5-2011 by L.L. No. 2-2011]
B.
The application shall include and be accompanied by a sketch or plans
indicating pool dimensions, depths, water volume in gallons, distance
of pool from all boundary lines, existing structures, pool construction,
type of drainage and waste disposal facilities and estimated cost.
C.
The Bureau shall issue a building permit after reviewing the application and all plans for the swimming pool. The fee for the building permit shall be based on the cost of the installation and is provided in the schedule listed in § A700-2A of the Code of the City of Fulton.
[Amended 10-30-1991 by L.L. No. 4-1991; 7-5-2011 by L.L. No. 2-2011]
A.
FRONT YARD BUILDING LOT LINE
Definition. As used in this section, the following terms shall have
the meanings indicated:
An imaginary line running from property line to property
line, parallel to and abutting the principal building.
[Amended 9-1-1998 by L.L. No. 9-1998]
B.
Corner lots. On a corner lot in any residentially zoned district,
a swimming pool requiring a permit shall be located entirely within
the rear or side yard or combination thereof and shall be no closer
than five feet to the side or rear property lines and at no time closer
than five feet to any front yard building lot line.
[Amended 10-30-1991 by L.L. No. 4-1991; 9-1-1998 by L.L. No. 9-1998]
C.
Front yard. No pool shall be constructed and/or erected in any front
yard.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
A.
Every swimming pool shall be provided with fencing and/or barriers.
The fencing and/or barrier shall comply with the requirements set
forth in the New York State Uniform Fire Prevention and Building Code.
B.
All gates and/or doors opening through such fence and/or barrier
shall comply with the New York State Uniform Fire Prevention and Building
Code.
C.
An outdoor swimming pool, including an in-ground, aboveground or
on-ground pool, hot tub or spa, shall be surrounded by a temporary
barrier during installation or construction as required by the New
York State Uniform Fire Prevention and Building Code. This temporary
barrier shall remain in place until a permanent fence in compliance
with the New York State Uniform Fire Prevention and Building Code
is provided.
A.
Every pool shall be constructed of materials sufficient to ensure
against collapse thereof and leakage of water therefrom.
B.
Filter pumps and other mechanical devices used in connection with
any pool shall be located in order not to interfere with the comfort,
repose, health, peace or safety of the adjoining premises.
Lights used to illuminate any private swimming pool shall not
become a nuisance or annoyance to adjoining premises.
No pool or discharge water shall drain upon the lands of the
adjoining premises.
No person using a private swimming pool shall indulge in disorderly
or noisy or disturbing conduct or act in any manner so as to annoy,
disturb or be offensive to any neighboring householder.
If the use of any private swimming pool shall be abandoned or
permanently discontinued, the owner shall see that no potential hazard
exists.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
Private swimming pools existing on the effective date of this
chapter shall comply with whatever sections of this chapter are deemed
necessary by the Bureau within 30 days.
In the event of a denial of the application, the applicant may
request a hearing before the Zoning Board of Appeals to consider a
variance or waiver of any provision of this chapter. No right of hearing
shall be denied any applicant. The hearing shall be scheduled as soon
as possible, and the Zoning Board of Appeals may refrain from the
advertising of the hearing by personally contacting all owners of
the adjoining premises. Immediately after the hearing, the applicant
shall be notified in writing of the decision.
[Amended 5-5-1981; 7-5-2011 by L.L. No. 2-2011]
It shall be the duty of the Bureau to enforce the provisions
of this chapter. A Bureau inspector may enter upon the premises during
any business hours to obtain compliance with the provisions of this
chapter.
[Amended 5-5-1981]
A.
Any person, association, partnership, firm or corporation violating
any of the provisions of this chapter shall be deemed guilty of a
violation and, upon conviction thereof, shall be fined in an amount
not exceeding $250 or shall be imprisoned in the Oswego County Jail
for a period not exceeding 15 days, or shall be both so fined and
imprisoned. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as a separate
offense hereunder.
[Amended 10-30-1991 by L.L. No. 4-1991]
B.
In case of a violation of this chapter, the City and its officers
may, in addition to any other remedies conferred by law or ordinance,
institute any appropriate action or proceedings to prevent the unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use to restrain, correct or abate such violation, to
prevent the occupancy of said building, structure or land or to prevent
any illegal act, conduct, business or use in or about such premises.
