[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.]
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:
The New York State Building Construction Code duly adopted
by the Incorporated Village of Sea Cliff.
[1]The Building Inspector of the Incorporated Village of Sea
Cliff.
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.
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.
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]
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.
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.
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.
[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]
[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.
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.
[Amended 2-13-2023 by L.L. No. 2-2023]
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. 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, including any appurtenant patios (as defined in Chapter 138) or other hard-surfaced areas, 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 every swimming pool shall be set back at least 15 feet from any rear lot line.
[Amended 2-13-2023 by L.L. No. 2-2023]
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.
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.
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.
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.
