[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 6-10-1964 by Ord. No. L. Amendments noted where applicable.]
In any district no outdoor water pool shall be constructed, erected or maintained unless in conformity with this chapter, and no pool heretofore constructed shall be used unless such pool conforms to the requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR WATER POOL
- Swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a larger plane surface area of water greater than 100 square feet, except such as shall hereinafter be excluded. The word "pool" shall be construed to mean "outdoor water pool."
Permits for the construction, erection or maintenance of such pools shall be issued by the Building Department and shall be subject to all applicable provisions of the Building Code of the Town of North Hempstead, as amended, and of the Building Zone Ordinance of the Village of Manorhaven.
No pools shall be built, constructed or maintained except of materials having adequate strength to retain the water contained therein. They shall be designed in accordance with sound engineering practice, and the applicant shall furnish complete plans, data and specifications to enable the Building Inspector to evaluate the structure.
Pools shall be built watertight. The inside surface shall be made of a smooth, nonabsorbent material with rounded corners and shall be so constructed as to be easily cleaned.
Water overflowing from the pool and water from a pool being emptied shall be disposed of on the owner's land and restrained from flowing onto the land of any adjoining property owner or into any abutting street. The applicant shall show in his application the plan for the disposal of water.
Adequate fencing shall be provided to prevent accidental entry and unauthorized use of the pool. Such fencing may be erected so as to completely enclose the pool itself or the particular yard in which the pool is situated or the entire property.
Such fencing shall be constructed of material four feet high.
In determining any application for permission to erect a fence other than as required in this section, the Board of Appeals shall consider whether the proposed fence will interfere with or impair the use of the light or air enjoyed by the abutting properties, the character of the abutting properties, the necessity of such a fence to protect the property to be enclosed thereby or the abutting properties, and the existence, height and nature of other fences in the vicinity and the purposes in view referred to in § 265 of the Town Law.
Editor's Note: For comparable provisions, see § 7-704 of the Village Law.
Excluded from the provisions of this chapter shall be outdoor ice-skating rinks or surfaces of water used for ice skating and water storage tanks when such tanks are completely enclosed by the principal material of their construction. Access doors to the interior of such tanks shall be securely locked except when personally attended by a regular employee or the owner.
Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Building Department of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
All pools shall comply with the requirements of the provisions of this chapter applicable to accessory buildings, except that the yard area occupied by such pools shall not be included in computing the percentage of lot area permitted to be built upon.
No swimming pool of permanent or plastic construction covered under this chapter shall be installed and/or used in a front or side yard of any residential premises.
No portion of a permanent swimming pool shall exceed the height of 18 inches above ground level.
Sterilization and filtration equipment for swimming pools. Sterilization and filtration equipment shall be adequate to keep the pool in a sanitary condition at all times.
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.
Such pool shall be chemically treated 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.
No swimming pool, whether of permanent or plastic construction, shall have a water capacity in excess of 2,000 gallons without a recirculating and filtering system of sufficient capacity to meet good public health and engineering practice.
Pools shall be equipped to provide a continuous supply of clear, wholesome water at the rate of 20 gallons per hour for each bather using the pool in any one hour. The supply may be either fresh water from an approved water supply system or recirculated water if approved means are provided for filtering and sterilizing the water before such water is reintroduced into the pool. The inlets shall be located so as to circulate the water over the entire area of the pool.
Pools shall be provided with a drain outlet or pump so located that the entire pool can be emptied. Pools shall also be supplied with an overflow at the high-water line. Such drain shall be at least two inches in diameter and shall be trapped before connecting with the drainage system. The trap shall be vented. Such overflow shall be connected to the inlet side of the trap and on the sewer side of the valve on the emptying drain. Drain and circulating outlets shall be fitted with a device to reduce the vortex. The spaces around the pool shall be drained in such a manner as to prevent the water from draining into the pool. Such spaces may pitch into drained gutters built into the sides of the pool. The drains in the gutters may also serve as overflows.
The size of the drain and vent connections shall be determined by the capacity of the pool when filled to the overflow level.
The diameter of the trap shall be at least the diameter of the drainpipe.
No permission shall be granted for the installation of any swimming pool unless the plans therefor meet the approval of the Village of Manorhaven construction requirements nor until the owner of the premises has filed with the Building Department a certification approved by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.
No loudspeaker device which can be heard beyond the property lines of the premises in which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall throw any rays beyond such property lines.
[Added 9-8-1965; amended 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.