[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park 8-17-2006 by L.L.
No. 12-2006; amended in its entirety 4-20-2017 by L.L. No. 6-2017.
Subsequent amendments noted where applicable.]
The Village of Island Park is committed to the safety of its
residents in regard to pool installation and operation. This chapter
has been strengthened in the areas of fencing and pool alarms.
As used in this chapter, the following terms shall have the
meanings indicated:
A permanent or portable pool or structure that is 18 inches
in depth, intended for wading, bathing or constructed or installed
with at least 50% of the height or the pool walls at and above property
grade and made predominantly of rubber, vinyl, fiberglass or other
impervious material. Outdoor and aboveground spas, Jacuzzis or whirlpool
baths having the foregoing characteristics shall require a pool permit
and shall be subject to regulations applicable to aboveground pools.
A permanent pool or structure containing water greater than
18 inches in depth, intended for wading, bathing or swimming purposes,
constructed or installed at and below property grade and made of concrete,
masonry, metal or other impervious material. Outdoor and in-ground
spas, Jacuzzis or whirlpool baths having the foregoing characteristics
shall require a pool permit and shall be subject to regulations applicable
to in-ground pools.
A.
A swimming pool complying with the provisions of this chapter shall
only be permitted as an accessory use to a dwelling for the residents
of such dwelling, their guests or as an accessory use to a school,
church, club or other private facility for recreation.
B.
For the purpose of complying with yard, setback, coverage, height
and all other bulk regulations prescribed by this chapter, a private
swimming pool shall include adjacent or attached decks, diving boards,
filters, heaters, ladders and other machinery or appurtenances extending
above the surrounding grade and used in connection with such swimming
pool, except fences.
A.
All swimming pools shall be completely enclosed within the rear yard
by a sturdy chain-link fence, quality wood stockade fence, or PVC
fence as approved by the Chief Building Inspector or the Zoning Board
of Appeals reviewing any application in connection with a swimming
pool and shall comply with the following specifications:
(1)
Chain-link fence. Said fence shall extend from the ground to a height
of not less than five feet, with top and bottom rail. Posts shall
be spaced not more than eight feet on center and be set to extend
three feet below grade, in an eight-inch-diameter concrete footing.
Chain-link fabric shall be galvanized steel, two-inch mesh No. 9 wire.
The fabric shall be fastened to posts and rails so that the bottom
of the mesh is not more than one inch above grade. Fabric shall be
fastened securely to posts and rails by means of wire clips not more
than 30 inches on center.
(2)
Lumber fence. Said fence shall extend from the ground to a height
of not less than five feet, with two horizontal rails on the pool
side. Posts shall be spaced not more than eight feet on center and
set to extend four feet below grade. The frame design shall produce
a rigid structure. Fabric coverings and/or fence panels shall be securely
mounted and fastened to the frame, the bottom of which shall be not
more than one inch above the grade. All fence materials shall be the
No. 1 grade of the type used or chosen.
B.
Every opening in the fence shall be gate-equipped with a self-closing
and self-latching device designed to keep such gate securely closed
at all times. Such gates shall be provided with a lock which can be
opened only by a key, to permit entry from outside, or other approved
type of locking device, when the pool is not in use. The self-closing,
self-latching device and the lock shall be maintained in good working
condition at all times. The gates shall be closed and locked at all
times when the pool is not in use.
All swimming pools shall have pool alarms approved, installed
and properly functioning, pursuant to the specifications and requirements
of Section 1228.2 of the New York State Fire Prevention and Building
Code. The Chief Building Inspector shall conduct the inspections.
No swimming pool, including appurtenances thereto, shall be
erected closer than four feet to the rear and side property lines,
nor, in the case of a corner or through lot, closer than 25 feet to
any property line along an abutting street except where the required
front setback is closer than 25 feet but in no case less than 15 feet
to any property line abutting a street.
A.
No in-ground swimming pool or appurtenances attached or adjacent
thereto shall exceed a height of 30 inches above grade.
B.
No aboveground pool or appurtenances attached or adjacent thereto
shall exceed a height of 48 inches above grade, except when there
is an access ladder or fenced access platform not in excess of 48
square feet and situated on that side of the pool closest to the owner's
residence. Any deck attached or adjacent thereto shall not exceed
30 inches above the surrounding grade.
C.
All decks attached or adjacent to a pool which exceed 18 inches above
grade shall be equipped with a surrounding security rail 36 inches
in height.
All swimming pools shall be installed in the rear yard of premises,
unless otherwise approved by the Zoning Board of Appeals.
Any accessory structures attached or adjacent thereto may not
occupy more than 35% of the yard area, exclusive of any other accessory
buildings or structures within such yard.
A.
Where water for a swimming pool is supplied from a private well,
there shall be no cross-connection with the public water supply system.
B.
Where water for a swimming pool is supplied from a public water system,
the inlet shall be above the overflow level of the swimming pool.
A reduced pressure zone device shall be furnished and maintained in
accordance with the requirements of the New York State Health Code.
C.
The overflow and drainage systems of all swimming pools shall be
adequate to dispose of water without interfering with adjoining properties,
public water supply systems, existing drainage facilities or the streets,
roads and highways of the Village. No connections into the sanitary
sewerage system will be permitted.
D.
Every swimming pool shall be provided with an adequate filtration
system which will provide compliance with the requirements of the
New York State Sanitary Code relating to public swimming pool.
All swimming pools shall be chemically treated and maintained
in a manner sufficient to maintain the bacterial standards established
by the provisions of the New York State Sanitary Code relating to
public swimming pools and all rules and regulations now or hereinafter
enacted by the Village, Nassau County Department of Health or the
Health Department of the State of New York.
A.
All lighting for any swimming pool shall be shielded and directed
toward the interior of the property so as to avoid any direct illumination
beyond the property lines.
B.
Lights and other electrical facilities within the proximity of the
swimming pool shall be of proper type and grounded in accordance with
the requirements of an appropriate electrical inspection agency, as
determined by the Village, and the New York State Building Code.[1]
C.
No swimming pool shall be placed within 20 feet of any aboveground
electric power lines, cables, wires or poles to which such lines,
cables, wires or poles are attached.
D.
All metal enclosures, fences or railings near or adjacent to an outdoor
swimming pool, which might become electrically alive as a result of
contact with a broken overhead conductor or from any other causes,
shall be effectively grounded.
E.
Lights shall be erected so that the sources of illumination shall
not be visible from any point beyond the property lines of the premises
upon which the pool is installed.
Noise levels shall be kept to a reasonable limit so as to avoid
creating a disturbance to the adjoining properties. No loudspeaker
device which can be heard beyond the property lines of the premises
on which any swimming pool has been installed may be operated regarding
such pool if the noise level creates a nuisance to adjoining properties.
In the event that an owner shall abandon an in-ground pool,
he shall forthwith fill all voids and depressions with clean fill
and restore the premises to the same grade and condition as before
the swimming pool was constructed and shall notify the Chief Building
Inspector when said restoration has been completed.
All aboveground pools shall have a safety ladder to be used
as a means of ingress and egress. All ladders shall be in a safety
position when the pool is not in use.
All aboveground pools shall have a pool cover sufficient to
support a weight of not less than 100 pounds, which shall be applied
when the pool is not in seasonal use and is not drained.
A.
For purposes of this chapter, all movable or demountable pools less
than 18 inches high shall be termed "wading pools."
B.
Wading pools are exempt from fence requirements when a cover which
will support a weight of not less than 100 pounds is securely applied
when the filled pool is not in use. No cover is required if there
is compliance with the fence requirements of this chapter.
C.
Wading pools do not require permits, but must be located within the
rear and comply with setback, maintenance, lighting, and water supply
requirements specified herein.
D.
All water emptied from such pool shall be disposed of within the
owner's property and emptying shall not take place between the
hours of 9:00 p.m. and 7:00 a.m.
A.
No in-ground or aboveground pool shall be installed unless a permit
is issued by the Chief Building Inspector. Every application for a
swimming pool permit shall be accompanied by a dimensional site plan
and survey drawn to scale showing location of pool, details of yard,
including accessory buildings and structures, trees, and fences. The
survey shall show the foregoing details existing in any yard within
10 feet beyond the lot lines of the subject property, if the pool
or appurtenances are located closer than 10 feet to any lot line.
Such plan or survey shall also show water supply, overflow, filtration
and drainage systems and all other aboveground appurtenances.
B.
All plans for in-ground pools shall be duly certified by a professional
engineer or architect licensed by the State of New York and shall
include certification that drainage is adequate and will not interfere
with the public water supply system, with existing sanitary facilities
or with public water supply, streets and highways and shall be designed
to sustain uplift pressure when empty. After installation, a final
survey shall be required for all in-ground pools.
