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Building Department
4 North Ten Broeck Street
Scotia, New York 12302
| Building Inspector | Dan Adams | 518-377-8741 |
| Fax | 518-374-0542 |
BUILDING PERMITS: Building permits are required for many building projects, including new construction, additions, renovations, alterations, signs, decks, wood stoves & fireplaces (including inserts), pools, demolition. Permits for other projects may be required and we recommend that you call the Building Department before you start your project. PLUMBING PERMITS: Before any plumbing work shall be started, a permit shall be obtained from the Plumbing Inspector, except that no permit shall be required for the repair or replacement of a valve or faucet or for the clearance of a stoppage or leak within a building, provided that no changes are made in the piping system.
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ELECTRICAL WORK NOTE: A building permit is not required for electrical work but compliance with the following is required: § 125-2. Conformance with standards required. [Amended 4-9-1986 by L.L. No. 2-1986] Electrical wiring and equipment shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code and shall be designed and installed in a manner to avoid potential electrical and fire hazards. § 125-4. Inspection of installations required. No person, firm or corporation shall install or cause to be installed or alter any electrical wiring for light, heat or power in or on any properties within the Village of Scotia until an application for inspection has been filed with the New York State Board of Fire Underwriters or other authorized agency. Below is a list of Qualified Electrical Inspectors: THE Inspector, LLC.-363-0181 |
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INSURANCE REQUIREMENTS
The Workers’ Compensation Law requires that before a New York State or municipal agency, department, board, commission or office issues any permit or license, you must provide the completed forms as shown below to the Village of Scotia prior to permit issuance. 1)
Form BP-1 (9-07) Affidavit of Exemption to Show Specific Proof of
Workers’ Compensation Insurance Coverage for a 1,2,3 or 4 Family,
Owner-occupied Residence (This is the Only Form Available from Village)
OR 2) An Certificate from Group A attesting no need for both Workers Compensation and Disability Benefits Coverage (Note: If the Certificate does not exclude the need for BOTH Workers Compensation and Disability Benefits Coverage you must supply a form from Group B and/or C that proves you have the Workers Compensation and / or Disability Benefits Coverage) , OR, 3) A form from Group B and C. The ONLY ACCEPTABLE forms are as follows: (See below sheet “ NYS Workers’ Compensation Board page 5 dated December 1, 2008” )
NYS Workers’ Compensation Board page 5 dated December 1, 2008” December 1, 2008 WORKERS’ COMPENSATION REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §57 To comply with coverage provisions of the Workers’ Compensation Law (“WCL”), businesses must: A) be legally exempt from obtaining workers’ compensation insurance coverage; or B) obtain such coverage from insurance carriers; or C) be a Board-approved self-insured employer or participate in an authorized group self-insurance plan. To assist State and municipal entities in enforcing WCL Section 57, businesses requesting permits or seeking to enter into contracts MUST provide ONE of the following forms to the government entity issuing the permit or entering into a contract: A) CE-200,Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage; Starting December 1, 2008, Form CE-200 can be filled out electronically on the Board’s website, www.wcb.state.ny.us, under the heading “Forms.” Applicants filing electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers’ Compensation Board. Applicants using the manual process may wait up to four weeks before receiving a CE-200. Once the applicant receives the CE-200, the applicant can then submit that CE-200 to the government agency from which he/she is getting the permit, license or contract. OR B) C-105.2 -- Certificate of Workers’ Compensation Insurance (the business’s insurance carrier will send this form to the government entity upon request) PLEASE NOTE: The State Insurance Fund provides its own version of this form, the U-26.3; OR C) SI-12 -- Certificate of Workers’ Compensation Self-Insurance (the business calls the Board’s Self-Insurance Office at 518-402-0247), OR GSI-105.2 -- Certificate of Participation in Worker’s Compensation Group Self-Insurance (the business’s Group Self-Insurance Administrator will send this form to the government entity upon request).
DISABILITY BENEFITS REQUIREMENTS UNDER WORKERS’ COMPENSATION LAW §220(8) To comply with coverage provisions of the WCL regarding disability benefits, businesses may: A) be legally exempt from obtaining disability benefits insurance coverage; or B) obtain such coverage from insurance carriers; or C) be a Board-approved self-insured employer. Accordingly, to assist State and municipal entities in enforcing WCL Section 220(8), businesses requesting permits or seeking to enter into contracts MUST provide ONE of the following forms to the entity issuing the permit or entering into a contract: A) CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage; Starting December 1, 2008, Form CE-200 can be filled out electronically on the Board’s website, www.wcb.state.ny.us, under the heading “Forms.” Applicants filing electronically are able to print a finished Form CE-200 immediately upon, completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any District Office of the Workers’ Compensation Board. Applicants using the manual process may wait up to four weeks before receiving a CE-200. Once the applicant receives the CE-200, the applicant can then submit that CE-200 to the government agency from which he/she is getting the permit, license or contract. OR B) DB-120.1 -- Certificate of Disability Benefits Insurance (the business’s insurance carrier will send this form to the government entity upon request); OR C) DB-155 -- Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self-Insurance Office at 518-402-0247). Please note that for building permits ONLY, certain homeowners of 1, 2, 3 or 4 family owner-occupied residences serving as their own General Contractor may be eligible to file Form BP-1 (The homeowner obtains this form from either the Building Department or on the Board’s website, www.wcb.state.ny.us, under the heading “Forms.” ) - 5 - Questions regarding these forms should be addressed to Steve Carbone of the NYS Workers Compensation Board, Bureau of Compliance at (518) 486-6307
SCOTIA PLOT PLAN INSTRUCTIONS 1. Use paper at least 8 1/2” X 11”. If on larger paper and proposal requires a: 2. Have a heading with property address, owners name & phone. 3. Draw with straight edge to a scale no smaller
than 1”= 50’ ( 1” = 20’ will usually work for a typical property). 5. Show: -Street(s) that abut property 6. In addition to the above requirements indicate the following information for the specific structures: 7. You may be asked to provide more information to the Building Inspector or to any authorizing Board to NOTE: For vacant land and lot development, a land survey containing the seal and signature of a licensed VILLAGE OF SCOTIA CODE 250-57.1. Swimming pools. [Added 3-8-2000 by L.L. No. 1-2000] A. Definitions. As used in this chapter, the following terms shall have the meanings indicated: A copy of the Electrical
Inspectors’ Certificate of Compliance must be provided to the Building Inspector
prior to the Final Inspection and issuance of a Certificate of Compliance for the pool installation by the Building Inspector. C. Permit required. Before construction of a pool shall begin, permits shall be obtained from the Village Building Inspector and the Plumbing Inspector. D. Permit fees. The required fees as established by the Board of Trustees shall be paid at the time application for a permit is made. E. Location. (1) No public or private swimming pool shall be located in any required front yard, nor shall such pool be located closer, in reference to a side or rear yard lot line, than as in Subsection E(1)(a), (b) or (c) below: (a) Lot
width 50 feet or more: 10 feet required. NOTE: For lot width equal to 40 feet: four feet required. (2) Such minimum side and rear yard setbacks shall be measured from whichever point is nearest to the property line on its pool wall, aboveground decks or other related structure. NOTE: When applying for a permit you must supply a Plot Plan. See the Plot Plan instruction pages later. F. Safety provisions. Every in-ground or aboveground swimming pool, wading pool, reflecting pool, fish pool or other man-made body of water containing water 18 inches or more in depth at any point shall comply with the following safety provisions: (1) Every pool shall have an enclosure erected and maintained surrounding the property or the pool area equipped with self-latching gates and sufficient to make such body of water inaccessible from the outside to small children. (2) The enclosure for an in-ground swimming pool shall be a minimum of four feet. (3) In the case of aboveground swimming pools four feet or higher, no enclosure is necessary if the only access to the pool is by portable ladder and such ladder is unattached when the pool is not in use. (4)
Any deck or similar structure attached to or part of an aboveground pool shall be constructed in such (5) All gates and doors opening into the pool enclosure shall be kept closed and locked at all times when the pool is not under the immediate attendance of an adult person. NOTE: See the pages with NYS Residential Code requirements for Barriers and Alarms later. G. Loudspeaking devices. No loudspeaking device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection therewith. H. Lighting. Any lighting installed for or with a swimming pool shall be installed in a manner that minimizes direct light and glare beyond the premises' property lines. ZONING CODE SECTION 250-2.B. HAS THE FOLLOWING DEFINITIONS: COVERAGE - The lot area or percentage of lot area covered by buildings and other structures. STRUCTURE - Anything constructed or erected,
the use of which requires location on the ground, or ZONING CODE SECTION 250-6.
Therefore: A swimming pool is a structure and the area it covers must be included in calculating the total allowable coverage for a lot in any Zone. ____________________________________________________________________________________ RESIDENTIAL CODE OF NEW YORK STATE APPENDIX RG §RAG101 §RAG101.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas and hot tubs installed in or on the lot of a one-and two-family dwelling. §RAG102 §RAG102.1 General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter R2. ABOVE-GROUND/ON-GROUND POOL. See "Swimming pool." BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. HOT TUB. See "Swimming pool." IN-GROUND POOL. See "Swimming pool." RESIDENTIAL. That which is situated on the premises of a detached one-or two-family dwelling or a one-family townhouse not more than three stories in height. SPA, NONPORTABLE. See "Swimming pool." SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product. SWIMMING POOL. Any structure intended for swimming or recreational bathing capable of containing water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. <Amendment effective January 1, 2008 see §NY1220.1(d)(7)> SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool. §RAG103 §RAG103.1 In-ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPI-5 as listed in §RAG108. §RAG103.2 Above-ground and on-ground pools. Above-ground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPI-4 as listed in §RAG108. §RAG104 §RAG104.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-3 as listed in §RAG108. §RAG104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in §RAG108. §RAG105 §RAG105.1 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs. §RAG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width. 6. Maximum mesh size for chain link fences shall be a 2.25-inch (57 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches (44 mm). 7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches (44 mm). 8. Access gates shall comply with the requirements of §RAG105.2, Items 1 through 7, and shall be securely locked with a key, combination or other child-proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following: 8.1. The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate, and 8.2. The gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. <Amendment effective January 1, 2008 see §NY1220.1(d)(8)> 9. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met: 9.1. The pool shall be equipped with a powered safety cover in compliance with ASTM F1346; or 9.2. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 mm) above the threshold of the door; or 9.3. Other means of protection, such as self-closing doors with self-latching devices, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item 9.1 or 9.2 described above. NOTE: Other acceptable means of protection are;
A) A wall of a dwelling is
permitted to serve as part of the enclosure under the following
conditions: 10. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then: 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access, or 10.2. The ladder or steps shall be surrounded by a barrier which meets the requirements of §RAG105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. §RAG105.3 Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with §RAG105.2, Item 9. §RAG105.4 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. §RAG105.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F 1346, as listed in §RAG107, shall be exempt from the provisions of this appendix. §RAG106 §RAG106.1 General. Suction outlets shall be designed to produce circulation throughout the pool or spa. Single outlet systems, such as automatic vacuum cleaner systems, or other such multiple suction outlets whether isolated by valves or otherwise shall be protected against user entrapment. §RAG106.2 Suction fittings. All Pool and Spa suction outlets shall be provided with a cover that conforms with ANSI/ASME A112.19.8M, or a 12" x 12" drain grate or larger, or an approved channel drain system. Exception: Surface skimmers §RAG106.3 Atmospheric vacuum relief system required. All pool and spa single or multiple outlet circulation systems shall be equipped with atmospheric vacuum relief should grate covers located therein become missing or broken. Such vacuum relief systems shall include at least one approved or engineered method of the type specified herein, as follows: 1. Safety vacuum release system conforming to ASME A112.19.17, or 2. An approved gravity drainage system §RAG106.4 Dual drain separation. Single or multiple pump circulation systems shall be provided with a minimum of two (2) suction outlets of the approved type. A minimum horizontal or vertical distance of three (3) feet shall separate such outlets. These suction outlets shall be piped so that water is drawn through them simultaneously through a vacuum relief-protected line to the pump or pumps. §RAG106.5 Pool cleaner fittings. Where provided, vacuum or pressure cleaner fitting(s) shall be located in an accessible position(s) at least (6) inches and not greater than twelve (12) inches below the minimum operational water level or as an attachment to the skimmer(s).
§RAG107 §RAG107.1 General.
ANSI - American National Standards Institute
ASTM - ASTM International
NSPI - National Spa and Pool Institute
§RAG108 §RAG108.1 General. ANSI/NSPI
ANSI/NSPI-3-99 Standard for Permanently Installed
ANSI/NSPI-4-99 Standard for Above-ground/On-ground
ANSI/NSPI-5-99 Standard for Residential In-ground
ANSI/NSPI-6-99 Standard for Residential
ANSI/ASME ASTM
ASTM F 1346-91 ASME
ASME
NEW YORK STATE DEPARTMENT OF STATE T E C H N I C A L B U L L E T I N
Effective Date:
January 1, 2003 Topic: Self-set swimming pool with 48 inch wall height This document is to answer the question whether a self-set or quick-set swimming pool
(not rigid metal Title 19 NYCRR is amended by adding a new Part 1228 to read as follows: Part 1228. Additional Uniform Code Provisions. Section 1228.1. Additional Uniform Code Provisions. The provisions set forth in this Part 1228 are part of the New York State Fire Prevention and Building Code (the “Uniform Code”). The provisions set forth in this Part 1228 are in addition to, and not in limitation of, the provisions set forth in Parts 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, and 1227 of this Title and in the publications referred to in Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, and 1227 of this Title. Section 1228.2. Swimming pool alarms. (a) Purpose. This section is intended to implement the provisions of Executive Law section 378(14)(b), as added by Chapter 450 of the Laws of 2006, and Executive Law section 378(14)(c), as added by Chapter 75 of the Laws of 2007. (b) Definitions. For the purposes of this section, the following words and terms shall have the following meanings: (1) The word “approved” means approved by the code enforcement official responsible for enforcement and administration of the Uniform Code as complying with and satisfying the purposes of this section. (2) The term “commercial swimming pool” means any swimming pool (as defined in paragraph (4) of this subdivision) that is not a residential swimming pool (as defined in paragraph (3) of this subdivision). (3) The term “residential swimming pool” means a swimming pool (as defined in paragraph (4) of this subdivision) which is situated on the premises of a detached one- or two-family dwelling not more than three stories in height with separate means of egress; a multiple single-family dwelling (townhouse) not more than three stories in height with separate means of egress; a one-family dwelling converted to a bed and breakfast; a community residence for 14 or fewer mentally disabled persons, operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities; a one-or two-family dwelling operated for the purpose of providing care to more than two but not more than eight hospice patients, created pursuant to Article 40 of the Public Health Law, and defined as a hospice residence in section 4002 of said Law; a manufactured home; a mobile home; or a factory manufactured dwelling unit. (4) The term “swimming pool” means any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools. (5) The term “substantial damage” means damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its before damaged condition would equal or exceed 50 percent of the market value of the swimming pool before the damage occurred. (6) The term “substantial modification” means any repair reconstruction, rehabilitation, addition, or improvement of a swimming pool, the cost of which equals or exceeds 50 percent of the market value of the swimming pool before the repair, rehabilitation, addition, or improvement is started. If a swimming pool has sustained substantial damage, any repairs are considered to be a substantial modification regardless of the actual repair work performed. (c) Pool alarms. Except as otherwise provided in subdivision (e) of this section, each residential swimming pool installed, constructed or substantially modified after December 14, 2006 and each commercial swimming pool installed, constructed or substantially modified after December 14, 2006 shall be equipped with an approved pool alarm which: (1) is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water; (2) is audible poolside and at another location on the premises where the swimming pool is located; (3) is installed, used and maintained in accordance with the manufacturer’s instructions; (4) is classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to: (i) reference standard ASTM F2208, entitled “Standard Specification for Pool Alarms,” as adopted in 2002 and editorially corrected in June 2005, published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or (ii) reference standard ASTM F2208, entitled “Standard Specification for Pool Alarms,” as adopted in 2007, published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428; and (5) is not an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation. (d) Multiple pool alarms. A pool alarm installed pursuant to subdivision (c) of this section must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be installed. (e) Exemptions. (1) A hot tub or spa equipped with a safety cover classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F1346 (2003), entitled “Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs,” published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, shall be exempt from the requirements of subdivisions (c) and (d) of this section. (2) Any swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F1346 (2003), entitled “Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs,” published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, shall be exempt from the requirements of subdivisions (c) and (d) of this section. Part 1228 of Title 19 NYCRR is amended by adding a new section 1228.4 to read as follows:
Section 1228.4. Temporary swimming pool enclosures. (a) Purpose. This section is intended to implement the provisions of Executive Law sections 378(14)(c) and 378(16), as added by Chapter 234 of the Laws of 2007. (The provisions of Executive Law section 378(14)(c), as added by Chapter 75 of the Laws of 2007, as well as the provisions of Executive Law section 378(14)(b), are implemented by section 1228.2 (Pool alarms) of this Part.) (b) Definitions. For the purposes of this section, the following words and terms shall have the following meanings: (1) The word “approved” means approved by the code enforcement official responsible for enforcement and administration of the Uniform Code as complying with and satisfying the purposes of this section. (2) The term “complying permanent enclosure” means an enclosure which surrounds a swimming pool and which complies with (i) all provisions of the Uniform Code (other than the provisions of subdivision (c) of this section) applicable to swimming pool enclosures, (ii) the provisions of any and all other New York State codes or regulations applicable to swimming pool enclosures, and (iii) any and all local laws applicable to swimming pool enclosures and in effect in the location where the swimming pool shall have been installed or constructed. (3) The term “swimming pool” means any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place wading pools. (c) Temporary enclosures. During the installation or construction of a swimming pool, such swimming pool shall be enclosed by a temporary enclosure which shall sufficiently prevent any access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and sufficiently provide for the safety of any such person. Such temporary enclosure may consist of a temporary fence, a permanent fence, the wall of a permanent structure, any other structure, or any combination of the foregoing, provided all portions of the temporary enclosure shall be not less than four (4) feet high, and provided further that all components of the temporary enclosure shall have been approved as sufficiently preventing access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and as sufficiently providing for the safety of all such persons. Such temporary enclosure shall remain in place throughout the period of installation or construction of the swimming pool, and thereafter until the installation or construction of a complying permanent enclosure shall have been completed. (d) Permanent enclosures. A temporary swimming pool enclosure described in subdivision (c) of this section shall be replaced by a complying permanent enclosure. The installation or construction of the complying permanent enclosure must be completed within ninety days after the later of (1) the date of issuance of the building permit for the installation or construction of the swimming pool or (2) the date of commencement of the installation or construction of the swimming pool; provided, however, that if swimming pool is installed or constructed without the issuance of a building permit, the installation or construction of the complying permanent enclosure must be completed within ninety days after the date of commencement of the installation or construction of the swimming pool. Nothing in this subdivision shall be construed as permitting the installation or construction of a swimming pool without the issuance of a building permit if such a building permit is required by any statute, rule, regulation, local law or ordinance relating to the administration and enforcement of the Uniform Code with respect to such swimming pool. (e) Extensions. Upon application of the owner of a swimming pool, the governmental entity responsible for administration and enforcement of the Uniform Code with respect to such swimming pool may extend the time period provided in subdivision (d) of this section for completion of the installation or construction of the complying permanent enclosure for good cause, including, but not limited to, adverse weather conditions delaying construction. (f) Exceptions. An above-ground hot tub or spa equipped with a safety cover classified by Underwriters Laboratory, Inc. (or other approved independent testing laboratory) to reference standard ASTM F1346 (2003), entitled “Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs,” published by ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, shall be exempt from the requirements of subdivisions (c) and (d) of this section, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction of the hot tub or spa is present shall not invalidate the exception provided in this subdivision.
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