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TOWN OF AMHERST TOWN OF AMHERST
BUILDING DEPARTMENT

ERIE COUNTY, NEW YORK
5583 MAIN STREET
WILLIAMSVILLE, NEW YORK 14221


THOMAS C. KETCHUM, P.E.
PHONE: (716) 631-7080

Commissioner of Building
FAX: (716) 631-7192

F. ROBERT DANNI, P.E.


Asst. commissioner
PoolHandout2008 1/22/2008

TOWN OF AMHERST SWIMMING POOL REGULATIONS AND INFORMATION
PERMITS
Any private swimming pool, defined as a structure intended for bathing, swimming or diving purposes, made
of concrete, masonry, metal or other impervious materials, and provided with a recirculating and/or controlled
water supply, which is moved, erected, constructed or excavated, either above, below or partly above or below
grade level, requires a building permit, a plumbing permit for all plumbing and drainage in connection
therewith, and an electrical permit for all electrical work in connection therewith.
The building permit application shall be made to the Building Department, accompanied by:
1.
Three (3) plot plans detailing the location of the pool. (A copy of the survey of the premises showing all
building and structures and locating the pool will be acceptable.)
2.
Two (2) sets of construction plans of the pool. Private swimming pools, in the ground or partly in the
ground, require plans sealed by a licensed New York State Professional Engineer or Architect. (For
aboveground pools, the installation brochure from the pool company will be acceptable.)
3.
A statement indicating if the pool is heated or not heated. If heated, equipment and control specifications
must be submitted to indicate compliance with Sec. 504.3 of the Energy Conservation Construction Code of
New York State.
4.
For premises served by overhead electric lines provide a letter from National Grid indicating that the
proposed location of the pool conforms to the requirements for vertical and horizontal clearance distances to
electric lines. (Call National Grid Customer Service Assistance @ 1-800-642-4272 and request a Planner
Review for Pool Clearance).
FEES
Building permit fees:
(a) Accessory to a one- or two-family dwelling
$57.00

(b) All other swimming pools
$208.00
Electrical permit fee:
(a) Above ground swimming pool
$36.00

(b) In-ground pool
$72.00
Plumbing permit fee

$56.00
LOCATION
A swimming pool may be located within the rear yard or side yard, but no less then three feet (five feet in SA
districts) to any lot line for any part of the pool. It shall not be located in a front yard or within five feet of any
structure (Note: This distance separation may be higher in certain multi-family residential districts).
A private swimming pool may be erected or installed only as an accessory to a dwelling and for the private use
of the owner or occupant and his or her family and guests. All other pools are classified as public pools and
must comply with State and County regulations governing such pools. PoolHandout.rtf 5/20/2008

ALARMS
(Excerpt from 19NYCRR)

The following are part of the NYS requirements for pool alarms. 1220.5 applies to residential pools and 1221.3 applies to other pools.
1220.5. Swimming pool alarms. [amended text 12/14/2006]
(a) Purpose. Paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, requires that the
New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any residential or commercial swimming pool
constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool
alarm capable of detecting a child entering the water and of giving an audible alarm. The Introducers Memorandum in Support of Chapter 450
states, in pertinent part, that drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and
fourteen nation wide, and the third leading cause of injury-related deaths of children in New York. Technological advances have produced several
different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these
alarms provide greater protection against accidental pool drowning. This section and section 1221.3 of Part 1221 of this Title are intended to
implement the provisions of Executive Law section 378(14)(b).
(b) Definitions. The terms approved, commercial swimming pool, residential swimming pool, swimming pool, substantial damage, and
substantial modification shall, for the purposes of this section, have the meanings ascribed in subdivision (b) of section 1221.3 of Part 1221 of this
Title.
(c) Pool alarms. 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 manufacturers instructions;
(4) is classified by Underwriters 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
(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.
1221.3. Swimming pool alarms. [amended text 12/14/2006]
(a) Purpose. Paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, requires that the
New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any residential or commercial swimming pool
constructed or substantially modified after the effective date of this paragraph (December 14, 2006) shall be equipped with an acceptable pool
alarm capable of detecting a child entering the water and of giving an audible alarm. The Introducers Memorandum in Support of Chapter 450
states, in pertinent part, that drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and
fourteen nation wide, and the third leading cause of injury-related deaths of children in New York. Technological advances have produced several
different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these
alarms provide greater protection against accidental pool drowning. This section and section 1220.5 of Part 1220 of this Title are intended to
implement the provisions of Executive Law section 378(14)(b).
(b) Definitions. The following terms shall, for the purposes of this section and for the purposes of section 1220.5 in Part 1220 of this Title, have the
following meanings:
(1) Approved. 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 and section 1220.5 in Part 1220 of this Title.
(2) Commercial swimming pool. 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) Residential swimming pool. 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; a multiple single-family dwelling (townhouse) not more than three stories in height; 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 �4002 of said Law; a manufactured home; a mobile home; or a factory manufactured dwelling unit.
(4) Swimming pool. Any structure intended for swimming, recreational bathing or wading which contains or which is designed to contain
water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-
place wading pools.
(5) Substantial damage. 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) Substantial modification. Any repair reconstruction, rehabilitati