[Amended 11-1-1988]
It shall be unlawful to use, construct, maintain,
install or enlarge any swimming pool, as defined in this article,
in any zoning district in the Town, including all buildings, structures,
equipment, appliances, appurtenances and other facilities appurtenant
to, intended for, and commonly used in the operation and maintenance
of swimming pools, except in compliance with all of the provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
Any swimming pool, as defined herein, located in or upon
the ground, which is at no point more than 18 inches below grade.
Any swimming pool, as defined herein, located in or upon
the ground, which extends more than 18 inches below grade.
Any body of water in an artificial or semiartificial receptacle
or other container, whether located indoors or outdoors, designed,
arranged, used or intended to be used for public, semipublic or private
swimming by human beings, whether or not any charge or fee is imposed
upon the users.
A.
Permits for the construction, installation, enlargement
or alteration of any swimming pool, as defined in this article, including
all buildings, structures, equipment, appliances, appurtenances and
other facilities appurtenant to, intended for, and commonly used in
the operation and maintenance of swimming pools, shall be issued by
the Building Department, subject to all applicable provisions of this
chapter.
B.
Every aboveground swimming pool which employs the
use of any electrical device in connection therewith shall be equipped
with a ground fault interrupter. This and all other electrical devices
used in connection with any swimming pool must be approved by Underwriters'
Laboratories, Inc. and shall have a valid certificate issued by the
New York State Fire Underwriters Board or Long Island Electrical Inspections
Services.
[Amended 3-21-1989]
C.
If a swimming pool is abandoned, all voids and depressions
shall be immediately filled, and a demolition permit from the Building
Department shall be required, requiring restoration of the premises
to the same grade and condition as prior to construction of the swimming
pool. Failure to comply with these requirements shall entitle the
Building Department to proceed under the Unsafe Buildings and/or Excavations
Ordinances of the Code of the Town of Babylon.[1]
A.
Required. All plans and drawings for the construction,
installation, enlargement or alteration of any swimming pool shall
be submitted to the Building Department for examination and approval
as to proper location and construction.
B.
Contents. Plans and drawings shall show lot lines
and shall include information pertinent to the swimming pool, enclosures,
water supply system, drainage, water disposal system and all appurtenances,
as well as detailed plans and vertical elevations.
C.
Effect. Swimming pools, appurtenances, water supply,
drainage systems and enclosures shall be constructed in conformity
with the approved plans.
Every outdoor water pool having a depth of 18
inches or more shall be completely surrounded by a fence or wall not
less than four feet in height, which shall be so constructed as not
to have openings, holes or gaps larger than four inches in any dimension
except for doors and gates; and if a picket fence is erected or maintained,
the horizontal dimension shall not exceed four inches. A dwelling
house or accessory building may be used as part of such enclosure.
[Amended 3-21-1989]
All gates or doors opening through the enclosure
required by this article shall conform to the fence requirements of
this article in all ways and shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely closed
at all times when not in use or unattended.
[Amended 3-19-2008 by L.L. No. 7-2008]
No outdoor swimming pool shall be situated in
the required front yard, nor within six feet of any side or rear lot
line of any yard, said distance being measured from the outer edge
of the swimming pool. In all other respects, swimming pools shall
comply with the requirements of this chapter applicable to accessory
buildings.
[Amended 9-21-2004 by L.L. No. 29-2004]
All water either overflowing or emptying from
a swimming pool shall be disposed of on the lot whereon it is located,
and the requisite plans submitted to the Building Department[1] shall show provisions made for preventing such water from
flowing onto the land of any adjoining property owner or into any
abutting street.
[Added 9-21-2004 by L.L. No. 29-2004]
All water either overflowing, emptying, being
pumped or running from any property shall be disposed of on the lot
whereon the water is located or beginning. Failure to prevent such
water from flowing onto the land of any adjoining or another property
or into any abutting street shall be a violation of this section.
Nothing in this section shall prohibit the washing of motor vehicles
and the watering of lawns, flowers, plants, etc.
Every owner, purchaser, lessee or tenant of
land within the Town upon which is situated a swimming pool which
is 18 inches or greater in depth shall be responsible for chemically
or mechanically treating the water in a manner sufficient to maintain
the bacterial standards established by the provisions of the New York
Sanitary Code relating to outdoor swimming pools.
Every owner, purchaser, lessee or tenant of
land within the Town upon which is situated a swimming pool shall
be responsible for said pool being used and/or maintained in accordance
with the provisions of the New York State Sanitary Code and the rules
and regulations of the Suffolk County Health Department.
Every owner, purchaser, lessee or tenant of
land within the Town upon which is situated a swimming pool shall
be responsible for said pool being located, designed, operated or
maintained in a manner so as to avoid nuisance or undue interference
with the enjoyment of rights of adjoining or nearby property owners.
Lights used to illuminate any swimming pool
shall be so arranged and shaded as to reflect light away from adjoining
or nearby premises.
Every owner, purchaser, lessee or tenant of land within the Town upon which is situated a swimming pool shall be responsible for said pool being operated in compliance with the provisions of Chapter 156, Noise.
