ROTTERDAM — When Michelle Ryan purchased an inflatable pool for the backyard of her rented home on Duanesburg Avenue this summer, she never envisioned having to first apply for a building permit from the town.
She also didn’t foresee needing to enclose the 31⁄2-foot deep pool she bought from Kmart for $249 in a fence with a self-closing gate. Or that her outdoor electrical outlets would need a pricey upgrade and that she’d have to buy an alarm system to float on top of the shallow pool.
But then came the violation notices from Rotterdam’s code enforcer. In July, Ryan received written notification that she lacked a permit for a pool, the required barrier around it and an alarm system to ward off interlopers — all violations that could land her stiff penalties if she didn’t take corrective action.
Ryan was aghast, especially since she inflated a similar style pool by her home the previous two summers without issue. The inexpensive pool she bought to use through the summer months has now cost her more than $850 in home improvements alone.
“Nobody in their right mind could have envisioned we needed a building permit,” said the irate resident. “This isn’t like a regular pool. It comes down, and with the way the weather has been lately, it may come down soon.”
And she’s not alone. Rotterdam code enforcers handed out similar notifications to more than two dozen homes between mid-July and the first week of August, according to Town Board member Robert Godlewski, who was shocked to learn the town was classifying the inflatable pools as though they were permenant.
“Why do you need to get a building permit to put a pool up for two or three months out of the year?” he asked.
Supervisor Harry Buffardi said the compliance notifications shouldn’t come as a surprise to residents with inflatable pools. He said temporary pools such as the one used by Ryan are regulated under state law just like in- or above-ground pools since they can cause the same issues.
“If a child drowns in an inflatable pool and we’re asked why we didn’t enforce the existing laws, we’d be hard pressed to answer that question,” he said. “These are not kiddie pools. Some of these are 20 feet in diameter and three feet deep.
Town Attorney Kate McGuirl said the town is following the state Residential Code governing swimming pools, since Rotterdam has few pool regulations of its own. Absent more restrictive local laws, she said town code enforcers are now following the guidelines presented by state law, which was adopted in 2010 and covers any basin deeper than two feet.
“While I certainly appreciate the resident’s perspective that the use of the swimming pool may be temporary and the cost to comply with the state code can be hefty, when balanced with the town’s responsibility to enforce the state code to prevent situations were a child may be harmed or could drown by spending an additional $500, the choice is clear,” she said.
Rotterdam’s code stresses that all pools must be in compliance with state code. The town’s swimming pool permit costs $50 for above-ground pools and $100 for in-ground pools. Applicants must provide a site plan drawing showing boundaries and setbacks from property lines and identify features such as septic tanks. Pools also must have an electrical inspection before a permit is issued, according to the code.
Buffardi and McGuirl stressed that the notices given to residents were mere warnings. No citations have been issued so far.
McGuirl partially faulted retailers for misleading consumers with the inexpensive pools. Though most manuals encourage compliance, she said few stores that sell the inflatable pools mention the additional costs customers will have to incur to be up to code.
“Retailers offer deep discounts on swimming pools without informing consumers of added costs to safely use the swimming pools in the state of New York,” she said.
The town’s enforcement of the code, however, doesn’t sit well with residents like Ryan. Though she has complied with the demands of code enforcement, Ryan is still questioning why the town has suddenly started cracking down.
“The sense we get is that the town is broke and they’re looking to raise revenue,” she said.
Buffardi said the pool enforcement is just one of many codes the town is now working to address. He said town codes have been largely ignored for years, which is why some are shocked when the code enforcer does hand out a notice.
“The lack of enforcement has been rather obvious by people’s lack of compliance,” he said
Only in Rotterdam - this story is a trip in so many ways
no past enforcement of pool permits - Hmmm.....Past Supervisor FDG and his Butt Plug(Godlewski).....FDG owns a pool company and Godlewski is still stuck inside as can be gleaned by his comments in the article - apparently the feces he surrounds himself with prevent him from being able to read NYS Law
Ms. Ryan - Past Building Inspector, it is said in the building on Sunrise Blvd that the impressions of her high heels are still in the ceiling of the Supervisor's Office as she is Jimmie Constintino's Ex-Wife and he rewarded her well as is required in Rotterdam
and the current supervisor - Looks Like There is a New Sherriff in Town
All ya have to do is ride around the sh!thole town and see the FOR SALE signs up EVERYWHERE!!!! Folks can't get out fast enough!!! They have said that the town is becoming the city of SCUMnectady FAST....and they want outta there!
Taxes are getting higher, schools are losing credibility, they have a local government that doesn't listen to their residents, they have their own 'friends and family' club, the roads are in disaray, there are vaccant buildings everywhere and there are properties that look abandoned! and their worried about an inflatable pool??? Ya just can't make this crap up!!! Ya git what ya vote for!!
Yes folks....it is true....that there are some ROTTENdamians that have had their homes on the market for months if not years, that are thinking of just 'walking away'.
...................sound familiar???
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Did you actually read the article? This isn't just something that the town came up with. A STATE LAW that governs this issue. The town is only complying with the state law. And don't forget, if the town did NOT comply with the law and enforce these rules and a tragic accident were to happen in this or other pools -- the town could potentially be liable. Of course, the nayboobs always have to have some complaint against the city or the town or the county. They don't actually stop to educate themselves on the whole situation (i.e. a town's actions are often mandated or regulated by a state or federal law .. and is not just the whim of a town official) or think through the actual ramifications of doing or not doing a particular action.
George Amedore & Christian Klueg for NYS Senate 2016 Pete Vroman for State Assembly 2016[/size][/color]
"For this is what America is all about. It is the uncrossed desert and the unclimbed ridge. It is the star that is not reached and the harvest that is sleeping in the unplowed ground." Lyndon Baines Johnson
Did you actually read the article? This isn't just something that the town came up with. A STATE LAW that governs this issue. The town is only complying with the state law. And don't forget, if the town did NOT comply with the law and enforce these rules and a tragic accident were to happen in this or other pools -- the town could potentially be liable. Of course, the nayboobs always have to have some complaint against the city or the town or the county. They don't actually stop to educate themselves on the whole situation (i.e. a town's actions are often mandated or regulated by a state or federal law .. and is not just the whim of a town official) or think through the actual ramifications of doing or not doing a particular action.
The Town doesn't enforce its own Zoning Laws, so you are saying they are arbitrary, capricious, and selective as to what laws they choose to enforce!
The question is LIABILITY... If you can't see that, then take off your "Schenectady County hate glasses" for a minute.
Swimming pools are Swimming pools, it doesn't matter how easy they are to put up and take down. They qualify under the law as an "attractive nuisance"...All it would take is some kid to drown in one of those pools and the grieving parents find out the town turned a blind eye and the lawsuits would be flying...ultimately costing EVERYONE in the town.
Look, there is plenty in the town to criticize... this isn't one of them.
"Arguing with liberals is like playing chess with a pigeon; no matter how good I am at chess, the pigeon is just going to knock out the pieces, crap on the board, and strut around like it is victorious." - Author Unknown
Did you actually read the article? This isn't just something that the town came up with. A STATE LAW that governs this issue. The town is only complying with the state law. And don't forget, if the town did NOT comply with the law and enforce these rules and a tragic accident were to happen in this or other pools -- the town could potentially be liable. Of course, the nayboobs always have to have some complaint against the city or the town or the county. They don't actually stop to educate themselves on the whole situation (i.e. a town's actions are often mandated or regulated by a state or federal law .. and is not just the whim of a town official) or think through the actual ramifications of doing or not doing a particular action.
which is even fu(king worse......if you show up in MY yard and can't swim....I don't see how I should be doing the fu(king thinking for you. No wonder folks don't even know how to put a bandaid on a paper cut on their own finger. NYS likes to keep it's 'servants' undereducated and under-responsible as long as the gumbas have their own personal a$$ wipers.
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Regardless of who the players are in this town story at this time.
Quoted Text
When Michelle Ryan purchased an inflatable pool for the backyard of her rented home on Duanesburg Avenue this summer, she never envisioned having to first apply for a building permit from the town.
A few things.
I may be wrong on this but I believe that only a property owner can apply for a permit (of any type), not a renter (don't know if that would be addressed in state building codes or in town codes).
Regardless of the clarification of that statement, did the property owner authorize her to put up a pool?
DV should be able to clarify the accuracy of these following statements since he was an insurance guy. Homeowners insurance does not cover personal belongs of a renter. Renter's insurance covers their personal belongings but does not have liability (death, injury) that happens on the property, inc common areas, outside the living space of the renter. A yard would typically be "common area" as generally the majority of rentals are two or more units, I'm guessing this is a one family home). So does homeowner insurance, the liability coverage, cover a child who gets injured in a pool owned by a renter (if yes is it in any case, or only when the homeowner had knowledge and gave approval for the pool, and whether proper permits were issued). I'd wonder if even homeowner policy would cover a pool if building codes were not complied with. The property owner would probably be required to notify his or her homeowner insurance company that there is a pool on the premises.
Something else. I have heard that flood is defined as water that enters one's home from the ground. It was explained on TV news using the example, a tree falls on a house in a storm causing an opening in the roof and water enters the house through that opening, i.e., rain. Homeowners insurance WITHOUT flood insurance WOULD cover damage caused by the water entering the house that way. But damages from water that enters from the ground (the river/creek floods, street flooding) is covered ONLY if the property owner has flood insurance. Then ask, if a pool breaks, causing water damage to a house (maybe the water gushes into the basement via an open window in a cellar facing where the pool is), is that coverable without flood insurance?
Remember how the city of Schenectady the death of someone who could not swim but who, along with friends, got into a city pool after hours, and drowned. I can't remember for sure, but wasn't the city held liable in that?
There has been an increase in especially child injuries and drownings with the expanding manufacture and sale of these cheap easy pools. Most people who buy them are not homeowners, don't think anything about liability or the need for permits, etc. For them it's instant gratification.
I also think that the lack of previous enforcement is not a valid reason to avoid enforcing now. Imagine if a city or town failed to enforce speed limits, failed to issue tickets for violators. And people were getting hit, hurt, or killed by speeders. Is there anyone who would say the city or town should not ticket speeders simply because it hasn't been done in the past? Then the question would be should we get rid of speed limits? It sometimes can be a new elected leader who has a different agenda than prior leaders or it could be an existing leader who looks to change things. How many people feel that the city of Schenectady should avoid enforcing the payment of taxes by the big time and long time tax delinquent owners simply because collecting from them may not have been enforced in the past? Again, using the city of Schenectady as an example, who would think that code enforcement should not be done simply because it hasn't been enforced before (only thing to clarify in Schenectady is that the dems are going after long time taxpaying homeowners for stupid things like size of house numbers instead of going after the Popolizios, the Wisoffs, etc. of the city.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
The question is LIABILITY... If you can't see that, then take off your "Schenectady County hate glasses" for a minute.
Swimming pools are Swimming pools, it doesn't matter how easy they are to put up and take down. They qualify under the law as an "attractive nuisance"...All it would take is some kid to drown in one of those pools and the grieving parents find out the town turned a blind eye and the lawsuits would be flying...ultimately costing EVERYONE in the town.
Look, there is plenty in the town to criticize... this isn't one of them.
On this issue, I can agree.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
which is even fu(king worse......if you show up in MY yard and can't swim....I don't see how I should be doing the fu(king thinking for you. No wonder folks don't even know how to put a bandaid on a paper cut on their own finger. NYS likes to keep it's 'servants' undereducated and under-responsible as long as the gumbas have their own personal a$$ wipers.
I will say that I fully understand where you're coming from on that response. It's the reason why jaywalkers (pedestrians) can successfully sue when hit by a car in many cases. It's the reason why drivers are often held responsible when unsupervised kids dart out from between parked cars.
So while I agree with what 55 and DV wrote, that the town is simply enforcing state law and liability is an issue (though I disagree with DV as he sounds like 99% of stuff is ruled by the state), I can understand your point. If I could go above and beyond and have a 10 foot high fence around my yard, with a locking gate and if I have a pool, but some punk kid somehow successfully climbs the fence, it's into the yard and climbs into the pool at 3 in the morning, while should I be responsible? If I did not have a fence, why should I be responsible for people who trespass? Average parents are no longer held to the supervision of their child in the same way that the dems in the city (of Schenectady) are not holding SOME property owners to the responsibility for their own financial issues by lavishing millions of tax dollars upon them.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
The question is LIABILITY... If you can't see that, then take off your "Schenectady County hate glasses" for a minute.
Swimming pools are Swimming pools, it doesn't matter how easy they are to put up and take down. They qualify under the law as an "attractive nuisance"...All it would take is some kid to drown in one of those pools and the grieving parents find out the town turned a blind eye and the lawsuits would be flying...ultimately costing EVERYONE in the town.
Look, there is plenty in the town to criticize... this isn't one of them.
That's ridiculous! I agree that the town can be sued, but that's first in a long line of ridiculousness. The property owner has homeowners insurance to protect for any unfortunate accidents. The risk of a pool accident is figured into your policy.
Why doesn't the Town of Rotterdam fence off the Mohawk River near Lock 8, or the Great Flats? I noticed the Normans kill Creek on Giffords Church Road doesn't have regulation fences - VERY DANGEROUS! The old Erie Canal in Rotterdam Junction isn't properly fenced off either, no alarms in case somebody falls in.
which is even fu(king worse......if you show up in MY yard and can't swim....I don't see how I should be doing the fu(king thinking for you. No wonder folks don't even know how to put a bandaid on a paper cut on their own finger. NYS likes to keep it's 'servants' undereducated and under-responsible as long as the gumbas have their own personal a$$ wipers.
I AGREE 100%!!!! If ya can't swim........DON'T GO IN A POOL THAT'S OVER YOUR HEAD....DUH!!! And WATCH YOUR KIDS AROUND A POOL!!! People get burned on stoves, cut with steak knives, women come to work with burn marks on their face from their curling/hot irons for their hair, people fall down AND going up stairs, kids get hurt on play ground equipment at schools and at their homes....the list is endless!!! And their is a thing called HOMEOWNERS/RENTERS insurance!!!
PERSONAL RESPONSIBILITY..........what a concept, eh?
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
I had to take down my daughters filled 18 inch pool because it "Coudl fill" past 24, even though the manufacturer said it couldn't hold 24 inches of water.
I don't spell check! Sorry... If you include "No offense" in a statement, chances are, your statement is offensive.
The interesting thing is, State laws do not apply to pools at a private residence. They are that strict because they apply to pools used by the general public, or members of a club, etc. A pool owned and maintained by an individual for the use of her friends and family is specifically exempted from the law. Not to say that such pools are not subject to local ordinances, of course they are, but this "compliance with State guidelines" is bs.
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