[HISTORY: Adopted by the Town Board of the Town of Kinderhook 5-8-1980 by L.L. No.
2-1980 (Ch. 65 of the 1978 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
Includes corporations, companies, associations, societies,
firms and partnerships, as well as individuals.
Any above-surface-type pool of more than 75 cubic feet capacity,
not stationary or fixed but capable of being removed for storage.
Any pool of water having a water depth in excess of 18 inches
and an area greater than 75 square feet, designed, used and maintained
for swimming purposes by an individual for use by his household and
guests without fees and located on property owned, leased or otherwise
used and maintained by the owner of said swimming pool; it shall further
mean and include fill-and-draw, flow-through and recirculation pools
which are artificially constructed to provide recreational facilities
for swimming, bathing or wading and all buildings, equipment and appurtenances
thereto. It shall not include natural outdoor ponds, rivers or lakes
nor baths used for cleansing of the body or practice of the healing
arts.
Any artificially constructed pool intended for use by children,
not designed or used for swimming, with a maximum area of 75 square
feet and a maximum water depth of 18 inches.
A.Â
Outdoor swimming pools shall be provided with an enclosure which
shall comply with the following:
[Amended 11-8-1991 by L.L. No. 5-1991]
(1)Â
It shall be at least four feet in height and have a maximum vertical
clearance to grade of two inches.
(2)Â
Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed four inches.
(3)Â
Where a chain-link fence is provided, the openings between links
shall not exceed 2Â 3/8 inches.
(4)Â
The enclosure shall be constructed so as not to provide footholds.
(5)Â
Pickets and chain-link twists shall extend above the upper horizontal
bar.
(6)Â
Such enclosure shall have railings and posts within the enclosure,
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between posts and at the top of the posts, respectively.
Enclosure fence material or fabric shall be capable of withstanding
a concentrated lateral load of 50 pounds applied anywhere between
supports on an area 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 40 inches above grade.
(7)Â
A wall of a dwelling is permitted to serve as part of the enclosure
under the following conditions:
B.Â
All persons now owning or maintaining any outdoor swimming pool shall
be and hereby are granted a period of two years after the effective
date hereof within which to enclose the same as herein provided, except
that any such person now owning or maintaining an outdoor swimming
pool presently enclosed by a fence or barrier which substantially
complies with the requirements of this section shall be exempted from
the strict requirements thereof to substantially alter, remove, replace
or rebuild such fence upon obtaining from the Building Inspector a
certificate of substantial compliance, as hereinafter provided:
(1)Â
"Substantial compliance," for the purpose of this section, shall
mean and include any fence or barrier which, now or hereafter, shall
be maintained at a minimum height of 36 inches above grade, have no
opening, mesh, hole or gap larger than four inches in any dimension
and does not have any projections at any point on its outer surface.
(2)Â
A certificate of substantial compliance may be granted by the Building
Inspector within 90 days after the effective date hereof upon payment
of an inspection fee of $1 and written application to and establishing
to the satisfaction of the Building Inspector, in such a manner as
shall be prescribed by said Building Inspector, that the applicant's
fence is maintained in substantial compliance with the requirements
of this section.
A.Â
Every private swimming pool constructed, installed established or
maintained in the Town of Kinderhook shall at all times comply with
the provisions of this chapter and any amendment thereto. Any nuisance
or hazard to health which may exist or develop, in consequence of
or in connection with any such private swimming pool, shall be forthwith
abated and removed by the owner, lessee or occupant of the premises
on which said pool is located, upon receipt of notice from the Building
Inspector.
B.Â
It shall be the duty of the Building Inspector of the Town of Kinderhook
to investigate alleged violations of this chapter and enforce the
provisions of same.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable as follows: by imprisonment
for a term not exceeding 15 days or by a fine not exceeding $250,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.