[HISTORY: Adopted by the Town Board of the Town of Moreau 12-11-1973 as Ch. 28 of the 1973 Code. Sections 127-3A, 127-7 and 127-12 amended and § 127-6 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter may be known and cited as an "Ordinance Regulating the Installation, Construction and Maintenance of Swimming Pools."
For the purpose of this chapter, certain words shall be considered to have the following meanings:
- SWIMMING POOL
- Any artificial facility for swimming over 18 inches in depth, constructed above or below the ground, including "swimming pools" constructed as accessory uses to residential buildings or "swimming pools" constructed as accessory uses to motels or other commercial establishments.
No person shall construct a swimming pool without first having obtained a permit therefor from the Building Inspector and/or Code Enforcement Officer and having paid a fee for said permit pursuant to the schedule of fees established by resolution of the Town Board and on file in the town offices.
Application for said permit for the construction and maintenance of a swimming pool shall be made to the Building Inspector and/or Code Enforcement Officer by the owner of the property, a registered architect or licensed engineer. The application shall be accompanied by duplicate sets of plans and specifications and plot plans. The plot plans shall show the entire lot on which the pool is proposed to be constructed, indicating the exact size and shape of the pool and the distance of the pool from all lot lines, pool fencing and screening, existing and contemplated structures and septic tanks and fields, if any.
No swimming pool, excluding the fencing as required herein, shall be constructed or installed within 10 feet of the lot line on each side or in the rear. No swimming pool constructed as an accessory use to a residential dwelling or the necessary fencing as required shall be constructed or installed nearer to the highway upon which the residential property abuts than the residential dwelling itself. In the case of a corner lot, no swimming pool or the necessary fencing as required herein shall be constructed so as to be nearer than 35 feet to the nearest line of the highway upon which the dwelling or the commercial building to which said pool is an accessory use faces.
There shall be no physical connection between a public water supply system and a pool structure.
If, within any existing water district, the owner of a swimming pool wishes to fill such pool using the public water supply, a fee, as set by resolution of the Town Board and on file in the town offices, shall be required.
A pump house, filter house or structure erected in connection with any such swimming pool shall require a building permit and shall comply with the State Uniform Fire Prevention and Building Code.
Editor's Note: Amended at time of adoption of Code; see Ch, 1, General Provisions, Art. 1.
All swimming pools as defined in this chapter, with the exception of aboveground pools as hereinafter provided for, shall be completely enclosed by a fence constructed of materials, whether artificial or natural, which shall be durable enough to prevent the entrance into the pool area by any persons. The wall of the dwelling and/or its accessory buildings may act as an integral part of the fence. If of wire-mesh construction, this fencing shall not have linkage of more than two inches in width and shall be nonclimbable. The entrance gate or gates shall have a closing device with protective fastening latch and a lock. Fence height shall be a minimum of five feet and a maximum of eight feet, as measured from grade level. All fencing, as required herein, shall be constructed so that the bottom of the fence is flush with the ground. Fence location shall be subject to the approval of the Building Inspector and/or Code Enforcement Officer, and said location shall be shown on the application for a building permit as provided for by § 127-3 hereof. Any openings or doors in the fence herein provided for, or in the wall of a dwelling or accessory building which acts as an integral part of the fence, shall be kept locked while the premises are unsupervised by an adult. The required fencing shall be constructed within 30 days from the date the pool is filled with water. All in-ground pools shall be completely enclosed by a temporary fence, at least four feet in height, from the date the pool is filled with water until construction of the permanent fence. Aboveground pools completely surrounded by decking and railing at least five feet in height from ground level, together with a locking ladder approved by the Building Inspector and/or Code Enforcement Officer, will require no fencing.
All fencing required by § 127-8 of this chapter shall be maintained in such a manner that the swimming pool will remain completely enclosed. Any repairs must be made with materials matching the original construction.
All drainage from a swimming pool shall be discharged in such a manner that sewage cannot be siphoned, flooded or otherwise discharged into the swimming pool.
All outside lights for illumination of a swimming pool shall be so installed and maintained that the beam of light is not directed toward a public street or neighboring property. All wiring must pass inspection by the National Fire Protection Association and a certificate evidencing approval must be furnished to the Building Inspector and/or Code Enforcement Officer.
Any person, firm, corporation or other entity who shall violate the terms of this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty herein provided for, the Town of Moreau may enforce obedience of this chapter or any part hereof by injunction to restrain such violation.