§ 85-891. Swimming pools.

No swimming pool shall be constructed, installed, used or maintained in any district except in accordance with the following provisions:

A. 

Definitions.

(1) 

The word "shall" is always mandatory and not merely directory.

(2) 

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:

ABOVEGROUND SWIMMING POOL

Any swimming pool located in or upon the ground which at no point is more than 18 inches below grade. An aboveground swimming pool is not a structure for purposes of this chapter.

IN-GROUND SWIMMING POOL

Any swimming pool located in or upon the ground which extends more than 18 inches below grade. An in-ground swimming pool is a structure for purposes of this chapter.

PRIVATE SWIMMING POOL

Any swimming pool constructed, installed or maintained as an accessory use on the same lot with a one- or two-family dwelling, intended solely for the private use of any occupant of such dwelling and such occupant's family and guests.

PUBLIC SWIMMING POOL

Any swimming pool which is not a private swimming pool as defined above.

SWIMMING POOL

Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.

B. 

Any outdoor swimming pool having a depth of 18 inches or more and an area of 100 square feet or more shall be enclosed by a durable wall, barrier or fence, in accordance with the New York Uniform Fire Prevention and Building Code requirements, unless such outdoor swimming pool is:

(1) 

Emptied when not in use or unattended; or

(2) 

Covered with a suitable, strong, protective covering fastened or locked in place when not in use or 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.

C. 

Every outdoor swimming pool having a depth of more than 18 inches or an area of more than 100 square feet, now existing or hereafter constructed, installed, established or maintained, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier in accordance with the New York State Uniform Fire Prevention and Building Code requirements.

(1) 

All walls, fences or barriers shall be constructed in accordance with requirements of the State Building Construction Code and in conformity with all sections of the Code of the Town of Brookhaven.

(2) 

No wall, fence or barrier of any kind shall be constructed or maintained which shall contain projections at any point on its outer surface which present a substantial opportunity or risk of unauthorized access to the swimming pool. Stockade-type fences may be erected with either side facing out.

(3) 

A dwelling house or accessory building may be used as part of such wall, fence or barrier.

(4) 

All gates used in conjunction with such wall, fence or barrier shall conform to the above requirements as to height and dimensions of openings, mesh, holes or gaps, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that the door of any dwelling which forms a part of the wall, fence or barrier need not be so equipped or locked.

(5) 

In the event that the swimming pool is of the aboveground type and is so constructed that it contains a wall, fence or barrier of not less than two feet in height measured from the top lip, ledge or deck of such swimming pool, which wall, fence or barrier completely surrounds such swimming pool and is otherwise constructed in conformity with the provisions of this subsection, and the top lip, ledge or deck of such swimming pool is not less than four feet above grade, a separate wall, fence or barrier as described hereinabove shall not be required, provided that the following provisions are met:

(a) 

Any ladder or other means of access to such swimming pool shall be completely enclosed by a durable wall, fence or barrier, and such wall, fence or barrier and any gate therein contained shall meet all other requirements set forth in this Subsection C.

(b) 

The wall, fence or barrier set forth in Subsection C(5)(a) above shall be so affixed to the swimming pool or so constructed that the only access to said swimming pool is through its gate.

(c) 

There shall be no accessory equipment, devices, structures or debris so located as to present a substantial danger or risk of unauthorized access to said swimming pool.

D. 

No outdoor swimming pool shall be situated in the required front yard. No outdoor swimming pool shall be located less than 15 feet from any side or rear lot line. With respect to aboveground swimming pools, said distance shall be measured from the outer edge of any deck or platform attached to the wall of the pool.

E. 

Every aboveground swimming pool which employs the use of any electrical device in connection therewith shall be equipped with a ground fault interrupter approved by Underwriters' Laboratories, Inc. All electrical devices used in connection with such swimming pools must be approved by Underwriters' Laboratories, Inc.

F. 

Any private swimming pool with a water depth of more than 18 inches shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.

G. 

Public swimming pools.

(1) 

No work shall be commenced on the construction or installation of any public swimming pool, including excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the Suffolk County Health Department, the Chief Building Inspector and the Town Engineer. The plans and specifications shall contain a certificate by a professional engineer licensed by the State of New York that the drainage of such swimming pool is adequate and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways.

(2) 

Every public swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.

H. 

During the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Building Division.

I. 

No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier as required by this section shall have first been erected.

J. 

In the event that an owner shall abandon any swimming pool, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Chief Building Inspector when said restoration has been completed. The Chief Building Inspector may proceed under Chapter 73, Unsafe Buildings and Excavated Lands, of the Code of the Town of Brookhaven should the owner fail to make the necessary restoration.

K. 

Construction may not commence on any in-ground swimming pool until a building permit has been obtained from the Building Division. An in-ground swimming pool shall not be used until a certificate of compliance has been obtained from the Building Division.

L. 

The Board of Appeals may make modifications in individual cases, upon a showing of good cause, with respect to the requirements herein set forth, provided that the protection as sought hereunder is not reduced thereby.

M. 

No swimming pool shall be erected or located within 25 feet of those points on the ground which are directly beneath any overhead electrical transmission lines.