[HISTORY: Adopted by the Town Board of the Town of Kingsbury 3-26-1984 by L.L. No. 3-1984 (Ch. 71 of the 1983 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PERMANENTLY INSTALLED POOL
- A "permanently installed pool" is one which is affixed into the ground or which rests on top of the ground and which has a wall height or maximum water depth exceeding 18 inches and a surface area exceeding 120 square feet.
- PRIVATE SWIMMING POOL
- An artificial facility for swimming which is an accessory use to a residential building. Such pool shall be for the exclusive use of the occupants of the principal residential building and their guests.
- SWIMMING POOL
- A body of water, artificial or semi-artificial receptacle located outdoors and having a wall height or maximum water depth, whichever is greater, exceeding 18 inches and with the surface area exceeding 120 square feet.
No swimming pool shall be installed or maintained out of doors unless:
Owners of all proposed permanently installed pools shall submit to the Building Inspector a proposed site plan for the installation of such pool prior to construction.
Such pool shall be completely surrounded by a substantial nonclimbable fence constructed of natural or artificial materials. Such fence shall not be less than four feet in height and shall be supported with posts firmly embedded at intervals of not more than eight feet. If of wire-mesh construction, this fence shall not have openings, holes or gaps larger than two inches in diameter and shall be of a gauge not more than 12. A dwelling house or accessory building or structure may be used as part of such enclosure. The owners of aboveground pools whose solid walls prevent entrance to the pool except by entrance ladder shall be deemed to comply with the fencing requirements of this chapter.
No pool wall or related structure shall be located within eight feet of an adjoining lot line.
Private pools shall not be located within a front yard in any district.
No pool wall or related structure shall be constructed within 10 feet from a sewage disposal system.
All gates or doors opening through enclosures around the swimming pool shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when the owner or occupant of the premises is not present at the swimming pool, except that a door of any dwelling which forms a part of the enclosure need not be so equipped. Such self-latching device shall be placed as high as possible on the gate and out of the reach of small children.
An open and unobstructed maintenance area at least three feet in width shall be maintained between the fencing and the side walls of the pool.
No work shall be commenced on the construction or installation of any swimming pool, including any excavation or removal of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the Building Inspector and a building permit has been issued by the Town of Kingsbury.
The plans and specifications shall contain a certification by the installer that if the water for a swimming pool is supplied from a private well, there is no cross-connection with the public water system; that if the water for such pool is supplied from the public water supply, the inlet shall be above the overflow level of the pool; that the drain of such swimming pool is adequate and within the subject premises and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highway; and that the construction meets the minimum requirements of the New York State Building Code.
Each swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code.
The fencing requirements shall apply to all existing pools within the Town of Kingsbury, and the owners of said pools shall have 90 days from the effective date of this chapter to comply with this requirement.