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Village of Cornwall-On-Hudson, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 7-31-1968 as Ch. 57 of the 1967 Code. Amendments noted where applicable.]
Building construction — See Ch. 58.
Sewers — See Ch. 126.
Water — See Ch. 165.
Zoning — See Ch. 172.
This chapter shall be known as "An ordinance providing safeguards for swimming pools in the Village of Cornwall-on-Hudson."
As used in this chapter, the following terms shall have the meanings indicated:
The Code Enforcement Officer of the Village of Cornwall-on-Hudson.[1]
[Amended 11-28-1983 by L.L. No. 4-1983]
A structure not fully within a building intended for bathing or swimming purposes made of any impervious material which has a water depth in any area of more than 24 inches.
Editor's Note: Pursuant to a decision by the Village, the term "Code Enforcement Officer" shall mean a Village of Cornwall-on-Hudson employee holding the position of Building Inspector, Assistant Building Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector or Assistant Fire Inspector (as such positions and appointments may exist at the particular time).
Within 90 days from the effective date of this chapter, no person, association or corporation shall maintain a swimming pool within the Village of Cornwall-on-Hudson without first safeguarding such swimming pool with a protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. The fence shall be structurally sound, durable and maintained in good condition. The fence shall be a minimum of four feet in height and shall be of wooden or metal construction so as to be adequate to prevent and prohibit the entrance into the pool area by children and animals. The entrance gate or gates shall have a closing device and locking device. Where there is no gate but a ladder only for entrance, the ladder shall be removed from the pool area when the pool is not in use and unattended.
Application shall be made to the Code Enforcement Officer for building permits to construct said fences. There will be no fee for applications to construct fences around the existing swimming pools.
[Amended 11-28-1983 by L.L. No. 4-1983]
In the case of fences presently existing surrounding existing swimming pools, the Code Enforcement Officer is hereby authorized and directed to approve such existing fences, provided that they meet substantially the spirit and intent of this chapter. In the event that, in the judgment of the Code Enforcement Officer, the existing fences do not comply with the spirit and intent of this chapter, then he shall notify the property owner of his decision and shall direct the construction of improvements to the fence as, in his judgment, will result in a proper enclosure of the swimming pool.
[Amended 11-28-1983 by L.L. No. 4-1983]
There shall be no physical connection between a potable, public or private water supply system and a swimming pool at a point below the maximum flow line of the pool or to a recirculating or heating system of a swimming pool unless such physical connection is so installed and operated that no water can be discharged or siphoned into a potable water supply system.
Wherever possible swimming pools shall be drained into existing streams or watercourses. If such cannot be accomplished, then swimming pools shall be drained into storm sewers.
In the event that swimming pools are to be drained into sanitary sewers, a written application shall be made to the Village Board for permission to so drain, with such plans as may be required by the Village Board upon the advice of the engineers for the Village. No swimming pools shall be drained into the sanitary sewer system without the prior consent of the Village Board.
In the event that any person, association or corporation believes that any or all of the provisions of this chapter should not be applied to its swimming pool because of special circumstances which would make the provisions of this chapter inapplicable to any pool and still not violate the spirit and intent of the chapter, said person, association or a corporation may apply to the Village Board, in writing, for a waiver of any or all of the provisions of this chapter. If the Village Board determines that a case of special circumstances exists and in the further event that it determines that the spirit and intent of this chapter, with particular reference to the protection of children, can be maintained, the Village Board may waive any and all provisions of this chapter and may attach to said waiver such conditions, including but not limited to a time limitation for the waiver and the necessity for future reapplications, as the Village Board may deem proper under the circumstances.
The installation of any swimming pool within the Village of Cornwall-on-Hudson shall comply with the provisions of the Zoning Ordinance[1] of the Village of Cornwall-on-Hudson and, where applicable, to the provisions of the State Sanitary Code.
Editor's Note: See Ch. 172, Zoning.
[Amended 11-28-1983 by L.L. No. 4-1983]
Any person, association or corporation who himself, or by his agents or employees, shall violate any of the provisions of this chapter shall, upon conviction, be guilty of a violation of the Penal Law and shall be punishable by fine not exceeding $250. In addition to the above-provided penalty, the Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of the terms of this chapter.