NEW SCOTLAND – An above-ground swimming pool owned by Raymond Engel is raising liability concerns with the state’s Department of Environmental Conservation. Engel was informed of the violation five years ago, but has not removed the pool, according to the DEC.

Engel’s circular pool is partially within the state-owned Black Creek Marsh Wildlife Management Area, which straddles the towns of Guilderland and New Scotland, the DEC says.

A survey done in 2001, on a portion of the Black Creek Marsh located near Engel’s North Grandview Terrace property, revealed that his swimming pool was encroaching on state land, the DEC says.
In a letter addressed to Engel dated Dec. 3, 2001, Forest Ranger Karen Glesmann informed Engel of what the survey found. "This is in violation of The New York Codes of Rules and Regulations," Glesmann’s letter said. Glesmann set a one-month time frame for Engel to remove his pool.
A subsequent letter was sent in January of 2002 by Regional Director Steven Schassler, granting Engel an extension until May. A memo dated Dec. 8, 2005, written by Natural Resources Supervisor Peter Innes said, "The pool remains."

The Enterprise obtained these documents by filing a Freedom of Information Law request with the DEC.

Engel could not be reached for comment.
Rick Georgeson, the spokesperson for Region IV of the DEC, said this week that the DEC is "continuing to pursue enforcement."

The swimming pool does not pose any specific environmental concerns, Georgeson said, but it could be a potential liability issue.

If someone drowned or was injured in the pool, the state could be held liable, because it is located on state land, he said.

Building codes for New York State mandate that above-ground swimming pools have a wall surrounding the pool that is at least 48 inches tall. It appears, from DEC photographs, that the sides of Engel’s pool are at least 48 inches tall.
The law further states that, "Where an aboveground pool structure is used as a barrier"and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked, or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements."

In photographs of Engel’s pool taken by the DEC, it is unclear whether the ladder was removable.

Paul Cantlin, building inspector for New Scotland, said the town could not possibly enforce the proper use of pool ladders within the entire town. It basically works on the honor system, he said.

Georgeson could not discuss specific actions the DEC will take, because the case is still under investigation, he said. He did, however, explain the series of enforcement steps that the DEC follows when violations occur.

Violations can involve encroachment on state land that include a shed, a deck, a pool, or a garden, he said.
"Even mowing the grass isn’t permitted," he added.

The first step of enforcement is sending letters. This is the only action the DEC has taken thus far in Engel’s case, Georgeson said.

The next step is to issue a document prepared by legal staff of the DEC. It is an agreement between the DEC and the alleged violator, and a fine is usually associated with this step, he said.

The third step is to issue a notice of hearing and complaint. A proceeding heard in front of an administrative law judge follows the notice.

The final action is to refer the case to the state Attorney General’s Office, Georgeson said.

Region IV of the DEC encompasses all the state-owned land in nine counties, he said. Thousands of properties are adjacent to state lands.
Infringements upon state land are fairly rare, Georgeson said. "It’s a fairly small percentage, but there’s a lot of property owners"and it happens."
"We’d like to see the structure taken down as soon as possible," Georgeson said about Engel’s swimming pool.