§ 70-102. Outdoor pools.

A. 

Outdoor pools, as defined in Subsection B of this section, may be installed in any district where permitted only as an accessory structure to a residence for the private families and guests or as accessory to a nursery school or day camp, provided that the approval of the Nassau County Department of Health is first obtained and, further, only in conformity with the provisions of this section.

B. 

"Outdoor pool" shall, for the purpose of this chapter, be construed to mean a swimming pool, tank, depression or excavation in any material, dike or berm which is constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 24 inches (hereinafter referred to as a "pool") or having a larger plane surface area of water greater than 100 square feet.

[Amended 7-9-1991 by L.L. No. 10-1991]

C. 

No swimming pool shall be installed or maintained as authorized in the preceding subsections except on the following conditions:

(1) 

Such pool shall be installed in the rear yard of the premises.

(2) 

Anything in this chapter to the contrary notwithstanding, there shall be erected and maintained a six-foot-high solid wood, solid vinyl, vertical wrought iron fence with spacing no more then four inches apart, or similar product, with the finished side facing the adjoining properties and the street or a chain link fence complying with the requirements set forth in the current New York State Uniform Fire Prevention and Building Code. No pool fencing shall extend forward of the rear building lines of the dwelling. Such fence shall only be installed after obtaining the necessary permits.

[Amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997; 5-18-2010 by L.L. No. 5-2010; 7-10-2012 by L.L. No. 11-2012]

(a) 

The fence enclosing the pool shall comply with the following;

[1] 

The fence shall be at least six feet in height and shall have a maximum vertical clearance to grade of two inches.

[2] 

The fence shall be constructed so as not to provide footholds.

[3] 

Vertical members shall extend above the upper horizontal bar.

[4] 

A wall of a dwelling is permitted to serve as part of the enclosure, in accordance with the provisions of the current New York State Uniform Fire Prevention and Building Code.

[5] 

The enclosure is permitted only within the rear yard and may include equipment accessory to pool use.

[6] 

The fence shall fully comply with the New York State Uniform Fire Prevention and Building Code with regard to openings and member spacing.

(b) 

Exemptions.

[1] 

Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the fencing requirements of Subsection C(2)(a)[1] through [5], provided that their access ladders or steps shall be capable of being secured, locked or removed to prevent access.

[2] 

Aboveground pools, hot tubs and whirlpools having a height of less than 46 inches or having a plane area less than 100 square feet shall have a protective cover and a latching device.

(3) 

Gates or doors. All gates or doors must be equipped with a self-closing, self-latching device located on the inside of the gate or door. Such gate or door must be securely closed and locked at all times when not in actual use.

(4) 

Such pool area, combined with all other accessory structures, shall not exceed 40% of the area of the rear yard.

(5) 

Setbacks.

[Amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997]

(a) 

An inground swimming pool and any mechanical equipment shall be no closer to the rear and side property lines than 10 feet or the minimum side yard setback requirements for a residential structure in a residential district, whichever is the more restrictive.

(b) 

An aboveground pool and any mechanical equipment, as described in § 70-102C(2)(b), shall be no closer to the rear and side property lines than the minimum side yard setback requirement for the residential district in which the premises is located.

(6) 

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

(7) 

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool, and that supply shall be equipped with an approved backflow device.

(8) 

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

(9) 

No permission shall be granted for the installation of any swimming pool unless the plans therefor meet the approval of the Town of North Hempstead Building Department construction requirements nor until the owner of the premises has filed with the Building Department a certification approved by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, with the public highways or with adjoining properties.

(10) 

No loudspeaker device which can be heard beyond the property lines of the premises in which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall throw any rays beyond such property lines.

(11) 

Should the owner or occupant of the premises abandon the pool, he 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 shall further notify the Building Department of the Town of North Hempstead of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.

(12) 

The pool shall be equipped with a cover approved by the Building Department of the Town and shall be of sufficient strength to protect against accidental entry into the pool. The pool shall be covered at all times when containing water and not in use.

(13) 

The pool shall be secured with a cover or other means approved by the Building Department of the Town and designed to protect against entry into the pool at all times when not containing water and not in use.

[Added 5-18-2010 by L.L. No. 5-2010]

(14) 

Every residential and commercial swimming pool shall have swimming pool alarms which comply with the requirements set forth in the current New York State Uniform Fire Prevention and Building Code, subject to the exceptions set forth therein.

[Added 5-18-2010 by L.L. No. 5-2010; amended 7-10-2012 by L.L. No. 11-2012]

Amended 8-12-1980 by L.L. No. 10-1980; 4-28-1987 by L.L. No. 10-1987