Southtowns Record

City Council minutes — June 1, 2026

Government
City of Lackawanna
Board
City Council
Meeting
Jun 1, 2026
Kind
Minutes
Topics
Parks and recreation, Water, sewer and drainage, Zoning and land use, Audits and oversight

Original document

Same meeting

Text · page 3 of 9

consider and approve the attached Ordinances: (1) rescinding and replacing Lackawanna City
Code Chapter 198, “Swimming Pools;” and (2) amending the corresponding Building Code Fees
set forth in Chapter 75.

The proposed revisions to Chapter 198 are the result of recent changes made to the New
York State (“NYS”) Property Maintenance Code Section R328 relating to required safety barriers
for all permanent and temporary pools. It appears from the recent State-made changes that the
Property Maintenance Code now recognizes the growing use of temporary and portable swimming
pools, and that the State has established minimum safety standards intended to reduce accidental
drownings and unauthorized access by children.

Our Director of Development and Code Enforcement Officers have requested that the City
Code be similarly amended to conform with the NYS Property Maintenance Code. Specifically,
the proposed changes to Chapter 198:

  Adopt the State’s definition of Private Swimming Pool to include any in-ground,
above-ground, and on-ground pool, whether permanent or portable, that is capable of
containing more than 24 inches of water at any point;

  Require that a building permit be obtained whenever a temporary/portable pool is
installed upon or moved within the same premises;

 Require that temporary/portable pools be fenced in with a latching gate; and

  Prohibit temporary/portable pools from being erected in the front yard of any premises.
The amendments to Chapter 75 propose to update the fee schedule to include
temporary/portable pools. In addition to the draft Ordinances, for ease of demonstrating the
revisions, I am also enclosing amended versions of Chapters 198 and 75 in Track Changes.

The Law Department supports the proposed changes and believes they are necessary to
promote consistency in enforcement and ensure the safe use of temporary/portable pools. Please
be advised that should your Honorable Council vote to approve the Ordinances, enforcement of
those provisions relating to temporary/portable pools will be stayed for a period of 30 days to
allow time for public education and compliance for existing structures.
Thank you.

Sincerely,

ARIANNA KWIATKOWSKI, CITY ATTORNEY

Moved by Marrano second by Anderson to receive and file, act on ordinances.
Yeas: Muflahi, Anderson, Meegan, Surdyke, Marrano  Carried 5-0