Phelps Town City Zoning Code
ARTICLE VII
Swimming Pools
[Added 10-3-1994 by L.L. No. 2-1994]
§ 145-29 Purpose.
In pursuance of the authority conferred by the Town Law in the State of New York and in order to promote the health, safety and general welfare of the inhabitants of the Town of Phelps, this Article is hereby enacted.
All construction and operation referred to in this Article must be in accordance with federal, state and local laws and codes. All sanitary conditions must comply with the rules of the State and County Boards of Health.
§ 145-30 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
All swimming pools having all or any section of their exterior wall above the surrounding ground level.
All swimming pools having their entire water surface below the level of the surrounding ground.
The installation of an aboveground or below-ground swimming pool which requires more than one foot excavation for any part of the pool and/or constructed of concrete, wood, metal or other materials and/or encircled or partly encircled by deck or platform, any part of which cannot be dismantled for storage.
All private or semiprivate swimming, bathing or wading pools, ponds or tanks above or below the ground, of permanent or temporary nature, which have a depth of more than 24 inches and/or a water surface of more than 100 square feet and which are excavated, erected, constructed or created by damming of a stream, whether out of doors or inside a structure or building.
The installation of an aboveground swimming pool which requires less than one foot excavation for any part of the pool, with no platform encircling or partly encircling the pool, other than an entrance platform four feet by four feet maximum size, all of which can be dismantled and stored.
§ 145-31 Uses.
A swimming pool shall be deemed to be a structure under this chapter of this Code, and where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
A swimming pool may be permitted only as an accessory structure to a principal building used for residential purposes. Said pool shall be for the exclusive use of the occupants of the principal building and their guests.
A swimming pool may be permitted when said use is not as an accessory structure to the principal building only upon application to the Zoning Board of Appeals in accordance with this chapter. Pools used normally by the public, such as clubs and similar organizations, must comply with the New York State Department of Health regulations.
The building line of the pool shall be considered to be its inside wall.
§ 145-32 Permits.
Building permit required. Before any swimming pool is moved, placed, erected, assembled or excavated upon a lot or created by damming a stream, a building permit shall be required.
Additions and alterations. A building permit shall be required for any enlargement of an existing pool, for a dressing shelter, a pump house, a filter house, an enclosure for the pool or any other structure erected in conjunction with the swimming pool. Such structures shall conform to all provisions of the New York State Uniform Fire Prevention and Building Code and the Municipal Code and all other rules and regulations of the Town and shall not unduly interfere with the use or enjoyment of the adjacent property.
Application.
Each application for a building permit to erect, construct, dam a stream or excavate a swimming pool or to enlarge an existing pool or to build an ancillary structure must be accompanied by a building permit fee and by plans in sufficient detail to show the following:
A plot plan of the property on which the swimming pool is to be constructed or placed showing the location of the swimming pool in reference to the side lines, rear lines, grades, basement and other structures on the property and existing electrical service lines and electrical lines.
The pool dimensions and depths.
The location and dimensions of the fence, and any structures or appurtenances built or that are to be built in conjunction with the swimming pool.
The estimated cost of the proposed swimming pool.
The location and type of waste disposal and drainage system of the property.
The location and source of water supply.
The location, size and description of all proposed electrical connections, lighting (both above and below the ground) and any pool-heating device.
These plans, along with structural calculations and details, must be prepared and signed by either the owner of the property or a licensed professional engineer or a registered architect or a recognized pool contractor who is an accredited member of the National Swimming Pool Institute.
§ 145-33 Location.
A swimming pool shall be considered a structure which shall conform to the setback and other standards of the district in which it is located.
The location of a permanent or temporary swimming pool on the property must:
Not be placed in the front yard.
Be at least 15 feet from any house basement.
Be at least 20 feet from any active well, septic tank, leach bed, etc., unless conditions warrant a lessening or increasing of this distance.
Not endanger the health and/or safety of its user and does not unduly interfere with the use and enjoyment of the adjacent property.
§ 145-34 Construction and equipment.
Design and construction. The swimming pool shall be designed and constructed in such a manner as to not endanger the health and/or safety of its users or nonusers and to not unduly interfere with the use and enjoyment of adjacent property.
Filtering equipment. The swimming pool shall be required to have adequate equipment to properly recirculate, filter, algaecide and germicide the water of the pool with provisions and instructions for maintenance of the same.
Ladder or steps. The swimming pool must be equipped with proper safeguards for users of the pool. At least one ladder, not more than two feet from the bottom of the pool, steps or equal, must be provided at a location to facilitate quick exit.
Safety equipment.
All swimming pools must have a rescue pole made of aluminum, fiber glass, bamboo or equal material, stored within 15 feet of the swimming pool's interior edge. The rescue pole shall be in length at least 1/2 of the swimming pool's width or 1/2 of the swimming pool's diameter, depending on the type of pool.
All swimming pools must have a ring buoy with at least 25 feet of attached rope or cord prominently stored within 10 feet of the pool's interior edge. The type of ring buoy must meet the specifications as set forth by the National Swimming Pool Institute or the American Red Cross.
Referral to Code Enforcement Officer. The Code Enforcement Officer shall pass upon the safety and adequacy of the design, materials, construction and equipment of all swimming pools. In doing so, he/she may be guided by the minimum standards for residential pools of the National Swimming Pool Institute.
Height. No part of the pool structure, with the exception of deck fencing, shall project more than 4 1/2 feet above the surrounding existing grade, except by special permit.
Plumbing. Where applicable, all plumbing must conform to the plumbing regulations of the New York State Uniform Fire Prevention and Building Code.
§ 145-35 Water supply and drainage.
Drainage.
There shall be no drainage connection to a sanitary sewer.
It must be possible to drain all pools into a storm sewer or a natural waterway either by gravity, siphon or through the filter pump system.
There shall be no drainage over adjoining property without permission or consent of owners.
§ 145-36 Fence.
An enclosure shall be provided around outdoor swimming pools which surrounds the pool and accessory equipment only. Such enclosure shall be at least four feet in height and shall have a maximum clearance to adjoining grade of two inches, and openings, if provided, shall prohibit the passage of a two-inch diameter sphere. Such enclosure shall resist a horizontal force of 50 pounds per foot applied at a height of four feet. Structural bracing shall be within the enclosure. Gates or doors shall be self-closing and self-latching with the latch handle at least 40 inches above grade or located within the enclosure. Aboveground pools with at least 46 inches between pool decking or pool top adjoining grade are exempt from this requirement, provided that access is restricted. A pool less than 24 inches deep is exempt from this requirement. Every aboveground swimming pool having an exterior wall 40 inches or more above the ground and which uses an entrance device other than a simple ladder for entrance to and exit of the pool or its surrounding deck or platform shall have a fence encircling the entrance device at least five feet from the point where such permanent ladder or entrance device touches the ground or would touch the ground if extended downward.
§ 145-37 Electrical work and heating.
Conformance with State Code. All lighting and electrical work shall conform to the New York State Uniform Fire Prevention and Building Code and be inspected and approved by the New York State Board of Fire Underwriters. Also, all underground wiring and lighting shall be of low voltage.
Disturbance of adjoining owners prohibited. No lighting shall be installed in such a manner that it may be an annoyance to the owners of adjacent property. Under normal circumstances, floodlighting or the illumination of adjacent property, among other things, will be sufficient to constitute an annoyance.
Safety restrictions. No pool shall be erected within 10 feet of existing electrical service lines, nor shall electrical lines be strung over the water surface nor within four feet of the outer edge of the pool.
§ 145-38 Maintenance.
Every swimming pool presently constructed or installed or hereafter constructed or installed shall be maintained at all times in such manner as never to constitute a public nuisance, a hazard or a menace to health or safety. Any such hazard which may exist or develop in or in consequence of or in connection with any such swimming pool shall be forthwith abated and/or removed by the person in possession, owning or having jurisdiction over such pool, upon receipt of notice from the town.
§ 145-39 Reasonable use required.
Use of a swimming pool shall be in a reasonable manner and at reasonable times so as not to cause undue discomfort and/or annoyance to adjacent residents.
§ 145-40 Existing pools.
§ 145-41 Penalties for offenses.
A person who shall violate any provision of this Article or who fails to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall be punished therefor as provided in § 145-56B of this chapter and § 268 of the Town Law of the State of New York.