CHAPTER 35

SWIMMING POOLS

§ 35.1 Title

This Chapter shall be known and may be cited as the "Swimming Pool Law of the Village of Mineola, New York".

§ 35.2 Application of Chapter

No outdoor swimming pool shall be constructed, erected or maintained in the Village of Mineola except in conformity with this Chapter, the Zoning Law, being Chapter 30 of the Municipal Code and the Housing Code being Chapter 27 of this Municipal Code and all applicable State laws, rules and regulations.

§ 35.3 Definition

As used in this Chapter a swimming pool is hereby defined as a private swimming, bathing, or wading pool, above or below ground, have a depth for retaining of water of twenty‑four inches or more and a capacity of two hundred gallons or more and intended for use by human beings.

§ 35.4 Permit required

No swimming pool shall he constructed, erected or maintained unless a permit for the same shall have been issued by the Village of Mineola. An application for such permit shall be on such form as may be furnished by the Village, and shall be accompanied by complete plans and specifications of the pool, the plan for the disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant. Permits may be issued only upon application of the owner of the land or his or her agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee established by Resolution of the Board of Trustees.

§ 35.5 Materials of construction

No pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each pool shall be designed in accordance

with sound engineering practice.

§ 35.6 MUNICIPAL CODE

§ 35.6 Water disposal

Water overflowing from the pool and when the pool is emptied the water therefrom shall be disposed of on the owner' s land and shall be presented from flowing over or into the land of any adjoining property owner or over or into any abutting street or into any sanitary sewer.

§ 35.7 Fencing

Every pool shall be completely enclosed with fencing of a height not less than four (4) feet nor more than six (6) feet to prevent accidental entry and unauthorized use of the pool. The Village may prescribe the method and type of fencing which will in the opinion of the Board of Trustees safeguard the public health, safety and general welfare. In making such determination, the Board of Trustees shall take into consideration the character of the district with a view to conserving the value of the buildings and land and encouraging the most appropriate use of land within the municipality.

§ 35.8 Perimeter required

There shall be a perimeter of at least four (4 ) feet around said pool, which perimeter shall be between the edge of the pool and the fence erected around the pool.

§ 35.9 Lighting

No lighting shall be permitted in, on or about said pool, except such lighting that shall shine into or upon said pool and cast no light or reflections onto abutting properties.

§ 35.10 Abandonment

Should the owner abandon the pool, he or she 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 or she shall further notify the Department of Building and Code Enforcement of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly.

SWIMMING POOLS § 35.20

§ 35.11 Distance from lot line

Every pool shall be constructed at least ten (10) feet distant of from any lot line.

§ 35.12 Enforcement

The Enforcement Officer shall be empowered to enforce the regulations herein set forth and to compel the removal of any pool that fails to meet the requirements as to installation or proper maintenance of the pool, fencing, water disposal and appurtenances.

§ 35.13 Compliance

The owner of any land upon which a pool shall have been constructed prior to the date of adoption of the ordinance from which this Chapter is derived shall obtain a permit and comply with the requirements contained in §§ 35.6, 35.7 and 35.10.

§ 35.20 Penalties for violations

The violation of any provision of this Chapter shall be punishable as set forth in Section 1.10 of this Code. [Amd. LL #9, 2000, 1/5/2000.]

Cross-references:

Fences. § 28.4(A)[3]; § 30.61

Water Regulations. Chapter 45

county ordinance to prevail. § 45.57

cross-connections and control of backflow. § 45.41 et seq.

licensed plumbers to perform work. § 45.21

waste of water not allowed. § 45.12

References:

Fencing requirements. State Sanitary Code § 6.16. (See also First Colonie Co. v Lyons, 54 NY2d 719; 449 NYS2d 992; 426 NE2d 486.

Zoning. A local law need not be labeled "zoning" in order to be subject to the special requirements that must be followed in enacting same. Hillside Motel v Tn of Brunswick, 74 Misc2d 1001.

Supp. #5, 1/29/2001