Clay, NY Swimming Pools & Spas: Pool Permits (2026)

Section 230-20B(3) of the Town of Clay Code bars the issuance of a building permit for erecting or maintaining a swimming pool or hot tub unless the applicant complies with Chapter 81, Building Construction, plus a set of pool-specific conditions. The application must include a map or survey showing the pool's exact location relative to lot side lines, existing buildings, water mains, electric lines, gas lines and sewer lines, and it must describe how waste water will be disposed of. A perimeter of at least four feet must be maintained between the edges of the pool and any fence erected around it, and Section 230-20B(2)(e) separately requires pool fencing itself to comply with Section 230-20B(3).

Waste water cannot be discharged into any sanitary sewer in the Town of Clay and cannot be allowed to flow onto an adjoining owner's land or over an abutting street. No overhead electric line may be maintained within 20 feet of the nearest part of the pool or its appurtenances, and pool lighting is restricted so it casts no light or reflection onto abutting properties. A pool holding more than 100 gallons cannot be filled or topped off while an emergency water order is in effect.

These conditions apply to existing pools as well as new construction, and an abandoned pool's owner must remove the depression and restore the original grade, notifying the Enforcement Officer when done. General zoning violations under this chapter, including unpermitted pool work, are punishable under Section 230-9 by a fine of up to $750 or up to 15 days imprisonment, with each week of continued violation counted as a separate offense.