Building Permit Requirements

All pools, spas and hot tubs capable of holding twenty-four (24) inches of water shall require a building permit with the Village of Newark Code Enforcement Office. Each building permit application shall be accompanied by the following:

• A completed building permit application
  
  
• A survey indicating proposed location of the proposed pool along with the associated setbacks to all property lines. Also, all buildings, easements, power lines and other utilities shall be indicated on the map along with their respective distances to the proposed pool.
  
  
• Insurance certificate from the installer.
  
  
• Payment of $35.00 to the Village of Newark
  
  
• Estimated cost of the pool
  
  
• Manufacturer’s information relating to size and design of pool, as well as the number of gallons of water needed to fill the pool

The electrical portion of an installation of a pool, spa or hot tub shall be inspected by a Village approved third party electrical inspection agency prior to the final inspection by the Code Enforcement Officer.

The provisions of this section shall control the design of barriers for 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.

Barriers, such as fences, are required around swimming pools, hot tubs and spas. This includes both fixed and portable units, including pre-formed or inflatable pools. The only exception is when a swimming pool is not able to contain more than twenty-four (24) inches of water.

The Residential Code of New York State and the Building Code of New York State regulate the construction parameters of barriers. Several options are available.

• A 48 inch barrier shall surround the pool area. This barrier can be made using various methods including masonry, wood, or metal. Whatever method is used, it must not allow passage of children through the barrier, and should also be constructed to prevent climbing. All barriers shall meet the requirements of Section AG105 of the Residential Code of New York State.
  
  
• For above ground pools, the side wall can be used as part of the barrier as long as the walls are 48 inch above the ground and the access ladder is secured. A barrier can be placed on top of the pool if it does not quite meet the 48 inch requirement by itself.
  
  
• When the wall of a building serves as the barrier, or a portion thereof, a power operated top can be used or alarms can be placed on the doors leading to the pool area.

Hot tubs and spas are exempt from the barrier if equipped with a safety cover complying with the ASTM F1346 safety standard.

Pool gates and folding ladders do need to be locked when unsupervised. This needs to be achieved by a key, combination, or child-proof lock.

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:

• is capable of detecting a child entering the water and giving an audible alarm when it detects a child entering the water;
  
  
• is audible poolside and at another location on the premises where the swimming pool is located;
  
  
• is installed, used and maintained in accordance with the manufacturer’s instructions;
  
  
• is classified by Underwriter’s Laboratory, Inc. (or other approved independent testing laboratory) to 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; and
  
  
• 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.

A pool alarm installed pursuant to subdivision (Pool Alarms) 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.