Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 30-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 48.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
Zoning Board of Appeals rules — See Ch. A150.
This chapter shall be known and may be cited as the "Swimming Pool Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the terms used herein are defined as follows:
BUILDING CODE
The New York State Building Construction Code duly adopted by the Incorporated Village of Sea Cliff.
[1]
BUILDING INSPECTOR
The Building Inspector of the Incorporated Village of Sea Cliff.
BUILDING PERMIT
A permit issued by the Building Inspector, in the manner prescribed by this chapter, for the construction, installation, erection, alteration, modification or demolition of or change in any swimming pool in the Village, except an aboveground swimming pool.
DECORATIVE POOL
Any artificially constructed pool not designed or used for swimming, nor intended primarily for use by children as a wading pool, which is able to retain water to a depth at any point of more than four inches.
POOL MAINTENANCE PERMIT
A permit issued by the Building Inspector, pursuant to this chapter, solely for the maintenance and use of an aboveground swimming pool. The prerequisites required to obtain a certificate of occupancy for a below-ground pool shall apply for the obtaining of a pool maintenance permit.
[Amended 3-24-2008 by L.L. No. 7-2008]
SWIMMING POOL (ABOVEGROUND)
Any man-made receptacle or structure, above ground, which is able to retain water to a depth at any point of more than 18 inches and which has a surface area of greater than 100 square feet and is designed or intended for the purpose of immersion or partial immersion therein of human beings, and also including all equipment appurtenant thereto.
SWIMMING POOL (BELOW-GROUND)
Any man-made receptacle, structure, excavation or depression, below ground, which is able to retain water to a depth at any point of more than 18 inches and which has a surface area of greater than 100 square feet and is designed or intended for the purpose of immersion or partial immersion therein of human beings, and also including all equipment appurtenant thereto.
WADING POOL
Any artificially constructed pool intended primarily for use by children, not designed or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 18 inches.
[1]
Editor's Note: See Ch. 48, Building Construction Administration.
[Amended 3-24-2008 by L.L. No. 7-2008]
A. 
It shall be unlawful to construct, erect, install, modify, alter, demolish or change any below-ground swimming pool or any aboveground swimming pool or to permit any of such acts without first obtaining a building permit in the manner prescribed by Chapter 138, Zoning Law, Chapter 48, Building Construction Administration Law, and this chapter.
B. 
It shall be unlawful to use or maintain an aboveground swimming pool or to permit the same to be used or occupied without first obtaining a pool maintenance permit as defined herein. No certificate of occupancy shall be required for an aboveground swimming pool.
C. 
It shall be unlawful to use or maintain a below-ground swimming pool or to permit the same to be used or occupied without first obtaining a certificate of occupancy. No pool maintenance permit shall be required for a below-ground swimming pool.
A. 
The fee for and duration of a building permit, required for the construction, erection, installation, modification, alteration, demolition or change of any below-ground swimming pool or any aboveground swimming pool in the Village of Sea Cliff, shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector.
[Amended 3-24-2008 by L.L. No. 7-2008]
B. 
The fee for the issuance of a certificate of occupancy in connection with a swimming pool, where required by this chapter, shall be as set forth in Chapter A142, Schedule of Fees, and shall be paid upon issuance of the certificate.
C. 
The fee for a pool maintenance permit, where required by this chapter, shall be as set forth in Chapter A142, Schedule of Fees, and shall accompany the application for such permit.
[Amended 3-24-2008 by L.L. No. 7-2008]
In addition to the requirements for the issuance of a building permit set forth in Chapter 138, Zoning, and Chapter 48, Building Construction Administration, no building permit for a below-ground swimming pool or an aboveground swimming pool shall be issued by the Building Inspector unless and until:
A. 
For a swimming pool containing in excess of 6,000 gallons, there have been submitted to the Building Inspector detailed plans and drawings for the swimming pool to be covered by said permit, duly certified by a licensed professional engineer that the swimming pool to be constructed, erected, installed, modified, altered, demolished or changed pursuant to said plans and drawings contains or is to contain adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.
B. 
For a swimming pool containing 6,000 gallons or less, there have been submitted to the Building Inspector detailed plans and drawings for the swimming pool to be covered by said permit, that the swimming pool to be constructed, erected, installed, modified, altered, demolished or changed pursuant to said plans and drawings contains or is to contain adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.
C. 
All of the provisions of the Building Code, Chapter 138, Zoning, this chapter and any other laws and regulations applicable to the proposed construction, erection, installation, modification, alteration, demolition or change have been complied with.
D. 
A written statement has been submitted to the Building Inspector certifying that the applicant will properly guard and protect a pool under construction, as provided in § 115-8, and until the fencing provisions of § 115-11 have been complied with.
A. 
All drawings and plans for the construction, erection, installation, modification, alteration, demolition or change of any swimming pool for which a building permit shall be required shall show all lot lines of the property upon which said swimming pool is to be located and all vertical elevations with respect to said swimming pool and its appurtenances and shall include, in detail, all information pertinent to said swimming pool, fence construction, water supply systems, drainage systems, water disposal systems, electrical systems and all appurtenances.
B. 
All of the aforesaid swimming pool apparatus, fences, supply systems, drainage systems, water disposal systems and electrical systems shall be constructed in conformity with the plans as approved by the Building Inspector.
The walls and floors of all swimming pools shall be constructed of any impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein.
During the time that a pool is under construction, and until such time as the fencing provisions of § 115-11 have been complied with, such pool under construction shall be completely enclosed by a substantial fence not less than four feet in height.
All swimming pools shall have an acceptable drainage system or systems self-contained upon the premises and adequate to dispose of the water therein. No water shall be permitted to drain or run off into an adjoining property or into any street, road or highway in the Village, with the exception, however, that water may be discharged directly to an existing Village storm sewer, provided that prior permission therefor has been obtained from the General Foreman of the Public Works Department of the Incorporated Village of Sea Cliff or the Superintendent of Public Works of the Incorporated Village of Sea Cliff. If leaching pools are used to dispose of the pool water, the minimum volume of the leaching pool shall be equal to at least 1/10 of the total volume of the swimming pool.
If the water for any swimming pool is supplied from a private well, there shall be no cross-connection with any public water supply system; and if the water is supplied from a public water system, the inlet shall be above the overflow level of the swimming pool. The water in the swimming pool shall be chemically treated so as to maintain bacterial standards which shall meet the standards established for public swimming pools by the New York State Sanitary Code and the Nassau County Health Department. All swimming pools shall have an efficiently operating filtering system which shall be maintained in good working order at all times. All swimming pools shall be maintained in a clean and healthful condition, and no such pool shall be permitted to accumulate foul, stagnant or dirty water. The owner of every swimming pool shall at all times maintain the same and the fence and gates surrounding said pool, as hereinafter prescribed, in a clean, safe and sanitary condition.
[Amended 5-18-2009 by L.L. No. 5-2009]
A. 
All swimming pools shall be enclosed completely with a barrier that complies with the barrier requirements set forth in the Uniform Code of the State of New York.
B. 
Except as otherwise provided by the Uniform Code:
(1) 
If the barrier runs along any property line or on any part thereof, it may form part of the barrier, except that no gates in such fence shall be used for common ingress or egress to the property.
(2) 
All openings for ingress and egress shall comply with the barrier requirements set forth in the Uniform Code of the State of New York.
(3) 
All gates shall be kept closed securely at all times, whether or not the swimming pool is occupied, and shall be locked whenever the swimming pool is unattended.
A. 
All swimming pools shall be located at the rear or side yard of any premises and shall be set back at least 10 feet from the nearest street, road or highway and at least 10 feet from the nearest property line, except that in Residence C or D Districts[1] every swimming pool shall be set back at least 15 feet from any rear lot line.
[1]
Editor's Note: The zone designations are established in Ch. 138, Zoning.
B. 
No swimming pool shall occupy more than 10% of the total lot area of the premises upon which the swimming pool shall be located, nor shall such swimming pool exceed a height of 72 inches above the ground level for the overall structure.
C. 
No aboveground swimming pool shall have a water capacity in excess of 10,000 gallons.
D. 
All swimming pools shall comply with the requirements of the Building Code and all provisions of Chapter 138, Zoning, relating to accessory structures, except that the lot area occupied by said swimming pools shall not be included in computing the percentage of lot area which may be built upon.
E. 
All swimming pool and pool equipment shall be governed by Chapter 138 in relation to location, setbacks, and coverage provisions.
[Added 1-14-2019 by L.L. No. 1-2019]
No swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-foot radius, as measured on a horizontal plane, of any aboveground electrical power wires, cables or lines.
All lights used to illuminate a swimming pool or swimming pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.
[1]
Editor's Note: See also Ch. 105, Signs and Illumination.
No loudspeaker device, radio, phonograph or amplifier system shall be used or maintained in connection with any swimming pool which would cause a public disturbance or create a public nuisance.
[1]
Editor's Note: See also Ch. 90, Peace and Good Order.
Every wading pool shall be enclosed by a fence as described in § 115-11, unless such outdoor wading pool is:
A. 
Emptied when not in use or when unattended; or
B. 
Covered with a protective covering, fastened or locked in place when not in use or when unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds per square foot.
Every decorative pool shall be enclosed by a fence as described in § 115-11, unless such decorative pool is:
A. 
Emptied when not in use or when unattended; or
B. 
Covered with a protective covering, fastened or locked in place when not in use or when unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds per square foot.
All swimming pools in existence at the time of passage of this chapter shall be maintained and operated in accordance with the provisions set forth in this chapter.
A. 
Should an owner abandon a below-ground pool, he shall fill the depression and return the surface of the ground to its original grade and to approximately the same condition as before the pool was constructed. He shall thereupon notify the Building Inspector so that an inspection of the site may be made and the permit records marked accordingly.
B. 
Should an owner abandon an aboveground pool, he shall drain and dismantle it and ensure its proper storage or disposal so as not to become a blight on the neighborhood. He shall thereupon notify the Building Inspector so that an inspection of the site may be made and the permit records marked accordingly.
In addition to the penalties provided for violation of any of the chapters of this Code, the Building Inspector is hereby empowered to drain any swimming pool and compel the removal of any pool that fails to meet the requirements of this chapter as to construction, maintenance, fencing, water disposal, lighting, noise control and appurtenances. The cost of such drainage or removal shall be assessed against the real property on which the pool is located. The costs so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff.
Any resident aggrieved by a decision of the Building Inspector under this chapter may appeal same to the Zoning Board of Appeals pursuant to Chapter 138, Zoning.