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HomeMy WebLinkAbout94-2997161 Swimming Pools ORDINANCE NO. 94-2997 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CHAPTER 18, PARKS AND RECREATION, OF THE PLAINVIEW CODE OF ORDINANCES TO PROVIDE FOR CREATION OF ARTICLE IV, SWIMMING POOLS, TO GOVERN THE REGULATION, DESIGN, OPERATION AND MAINTENANCE OF SWIMMING POOLS, PRESCRIBING STANDARDS AND REQUIREMENTS FOR DESIGN, OPERATION AND MAINTENANCE OF SWIMMING POOL EQUIPMENT AND APPARATUS; PRESCRIBING DUTIES AND RESPONSIBILITIES OF THE HEALTH DEPARTMENT; PENALTIES CLAUSE; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; AND CONFLICTS CLAUSE. WHEREAS, the City Council of thc City of Plainview, Texas recognizes a need to regulate the building and maintenance of public and semi-public swimming pools within the city limits of Plainview; and WHEREAS, the City Council feels it is in the best interest of the public health and safety to enact an ordinance regulating public and semi-public swimming pools within the city limits of Plainview; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas: SECTION I. Sees. 18-57 to 18-74. Reserved. ARTICLE IV. SWIMMING POOLS. Sec. 18-75. Short Title. ._ This Ordinance shall be known and may be cited as the "Swimming Pool Ordinance of the City of Plainview, Texas." Sec. 18-76. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the 162 present tense include the future, words in the plural include singular, and words in the singular include the plural. The word "shall" as used herein as mandatory and not merely directory. (a) City is the City of Plainview, Texas. (b) City Council is the City Council of the City of Plainview, Texas. (c) Health Department is the Plainview-Hale County Health Department. (d) Person is any person, firm, organization, partnership, association, corporation, or company of any kind. (e) Swimming Pool is a body of water (whether it be a swimming, spray, wading or spa pool) in an artificial or semi-artificial receptacle or other container whether located indoors or outdoors, used or intended to be used for public or semi-public swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined, whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool intended to be used solely by the owner, operator or lessee thereof and his/her family, and by friends invited to use it without payment of any fee, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by club, motels, hotels and community associations. Sec. 18-77. Design Requirements. In addition to such other requirements as may be reasonably imposed by the Health Department, the Health Department shall not issue a permit to operate a swimming pool unless said pool is maintained in conformity with the following requirements: (a) Material. The material used for lining artificial swimming pools shall be one which is light in color, is impervious, and will provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms therefor are prohibited. (b) Walls, Markings and Slope. Conspicuous markings shall be provided on vertical walls showing the location and depth of the shallow and deep portions, and the location and depth of the points where the slope of the bottom of the pool changes. Special markings shall be necessary for large and odd-shaped pools as prescribed by the Health Department. (c) Overflow Gutters. Overflow gutters shall be provided extending completely around the pool, having adequate drainage of overflow water away from the pool. 2 163 (d) Inlets and Outlets. All pools shall be provided with outlets, at the pool's deepest point, of sufficient size to permit the pool to be completely drained or emptied. The outlet openings in the floor of the pool shall be designed and located to reduce suction currents and shall be covered with a proper grating. Inlets for fresh or repurified water shall be submerged and located so as to produce as nearly as possible a uniform circulation of water through the entire pool. (c) Separate Space for Bathers and Spectators. Thc design of thc locker room, shower rooms and pool shall be such as to provide proper routing of bathers. Enclosures sufficiently high and strong to keep spectators outside the runways of the pool shall be provided. The pool shall be completely surrounded by a walkway at least 4 feet in width. (f) Heating. All indoor pools which are to be used when the outside temperature is below 60© Fahrenheit shall be provided with facilities for uniform and adequate heating of the pool room, dressing rooms, and water in the pool. (g) Water in Pool. The water in the swimming pool shall not exceed the safe limits for bacterial content per State standards, as specified in Section XIV of this ordinance. (h) Recirculation. A satisfactory recirculafing system for the swimming pool shall be installed consisting of circulating pumps, chemical dozing equipment (alum and alkali) or surge tank, float valve control on water supply, hair and lint catcher, disinfector, indicator, recording and totalizing instrument, flow meters, pressure gauges, and piping connections to inlets and outlets; and all other necessary fzxtures. (i) Shower Baths. Adequate shower facilities with hot and cold water and adequate in number for both males and females shall be provided. Signs shall be posted requiting all swimmers to shower prior to entering pool. (j) Cross Connections. There shall be no direct physical connection between the sanitary sewer system and any drain from the swimming pool or recirculation system. Any swimming pool or gutter drain or overflow from the recirculation system. Any swimming pool or gutter drain or overflow from the recirculafion system, when discharged to the sanitary system, shall connect through a suitable air gap so as to preclude the possibility of backup of sewage or waste into the swimming pool piping system. (k) Indicating, Recording, Totalizing Instruments, Etc. When necessary, in the opinion of the Health Department, indicating, recording, totalizing instruments, flow meters or indicators and pressure gauges shall be installed at such points as may be designated by the Health Department. (1) Hair and Lint Interceptors. Hair and lint interceptors shall be installed so that all water drawn from the pool for recirculation shall pass through the hair and lint interceptors before reaching the filter. 3 164 (m) Drinking Water. Lavatory and drinking water supply shall be adequate in quality and quantity. (n) Walks. Walks providing ingress and egress to the swimming pool must be of ample size and satisfactorily drained. (o) Lighting. Satisfactory lighting must be provided for all accessory and appurtenant facilities. (p) Hose. Hose connections and hose must be of ample size and pressure to clean all of the pool area and be protected from backflow. (q) Steps. Steps and ladders must be made of an impervious material, easily cleaned and must be so designed as not to collect water when the water is lowered in the swimming pool. (r) Pollution. Swimming pools must not be exposed to excessive pollution by dust, smoke, soot, or other undesirable substances. (s) Disinfecting Equipment. Disinfecting equipment adequate for the purpose must be provided as an integral part of the swimming pool. (t) Accessibility of Equipment. All equipment must be readily accessible and every pool shall be provided with necessary equipment for the measurement of acidity or alkalinity and for residual determinations. The equipment room shall be satisfactorily located and adequately drained. (u) Dressing Rooms. Dressing rooms shall be adequately designed, located, drained, equipped, lighted and ventilated. (v) Toilets. Toilet facilities shall be provided and shall be adequately designed and located with separate facilities for men and women. Sec. 18-78. Enclosure of Swimming Pool. Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet (4') in height, which shall be so constructed as not to have any openings, holes, or gaps larger than four inches (4") in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not excbed four inches (4"). A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self- latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. 4 165 The requirement shall be applicable to all new swimming pools other than indoor pools, and shall apply to all existing pools which have a minimum depth of 18 inches of water. No person in possession of land within the city, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a minimum depth of 18 inches shall fail to provide and maintain such fence or wall as herein provided. The Health Department may make modifications in individual cases, upon a showing of good cause with respect to the height, nature, or location of the fence, wall, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Health Department may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein. The Health Department shall allow a reasonable period of time within which to comply with the requirements of this Section. Sec. 18-79. Safety of Bathers. All reasonable precautions shall be taken to protect the users of and bathers in swimming pools from injury or accident. Convenient means of ingress and egress shall be provided and the depth of water and any irregularities of the bottom shall be clearly indicated. Safety appliances such as life buoys, shepherd hooks, reaching poles and ropes and equipment including first-aid kits and telephones shall be provided and readily accessible during hours of operation. A sufficient number of attendants shall be on duty when the swimming pool is in use who shall be capable swimmers, competent in life-saving methods and artificial resuscitation. If such personnel are not provided, a sign informing the public that such personnel are not available shall be clearly posted. Sec. 18-80. License to Operate. No person shall operate or maintain a public or semi-public swimming pool until a license therefor shall have been issued by the Health Department which license shall not be valid for longer than one year from the date of issuance. A new license must be secured on or before May 1 each year, which will permit operation or maintenance until the following April 30. All licenses shall be in writing and shall state the conditions thereof and the term for which the license is granted. It shall be unlawful for any person to conduct, operate, maintain or manage any swimming pool without complying with the requirements of this Ordinance, and the Health Department is charged with the enforcement of the provisions hereof. The Health Deparlrnent is hereby authorized to promulgate rules and regulations for the construction, operation and maintenance of swimming pools and family pools for the protection and promotion of the public health, safety, morals and public welfare. Sec. 18-81. Revocation of License. Any license granted by the Health Department hereunder may be revoked by it whenever, in the determination of the Health Department, further operation under such license creates a menace 16'6 to the health and safety of the users of a public or semi-public swimming pool; provided, that the holder of any license which has been revoked may appeal to the City Council the Health Department's revocation of the license and may have the City COuncil determine the legality or reasonableness of the revocation of the license. No appeal under this Section, however, shall entitle the license holder to continue operation of the swimming pool pending action by the City Council. Sec. 18-82. Bathers with Communicable Diseases. No person having or known to have any skin eruptions or abrasion, sore or infected eyes, a cold, nasal or ear discharge, or any communicable disease shall be permitted to use a public or semi- public swimming pool. Spitting, spouting water, blowing of the nose or urinating in the swimming pool shall be strictly prohibited. The operator of a swimming pool shall pose suitable placards embodying such personal regulations and instructions. Sec. 18-83. Sanitation of Premises. The buildings, grounds, dressing rooms, and all other public or semi-public swimming pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse. Sec. 18-84. Cleaning Pool. Visible dirt on the bottom of public or semi-public swimming pools and visible scum or floating matter on the surface of pools shall be removed at least once daily with an approved type vacuum cleaner or as often as necessary to maintain good sanitary conditions. All swimming pools shall be thoroughly cleansed at least once each week in a manner and by the use of such disinfecting agents or cleansing materials as may be required by the Health Department. Sec. 18-85. Periodical Inspection. The Health Department shall inspect or cause to be inspected all public or semi-public swimming pools within the city at such times as it may deem necessary to carry out the intent of this Ordinance. The Health Department is hereby authorized to enter upon any public premises, to take such samples of water from such pools at such times as it may deem necessary and to require the owner, proprietor or operator to comply with the provisions of this Ordinance. In the event of the failure of compliance after due notice by the Health Department, it shall have the power to abate or cause a suspension of the use of such swimming pool until such time as the same is, in the opinion of the Health Department, no longer a menace or hazard to the public health and safety. Sec. 18-86. Operation and Maintenance. A minimum free residual chlorine and/or disinfectant of two (2) part per million for water in a 6 167 public spa and a minimum free residual chlorine and/or disinfectant of one (1) part per million for water in other public swimming pools must be maintained in a public swimming pool in use. A sufficient number of daily tests for available chlorine and/or disinfectant shall be made by the pool operator and a record kept of these tests to insure proper operation. Sec. 18-87. Quality of Water. The water at public or semi-public swimming pools shall not show an acid reaction at any time when the swimming pool is in use. Whenever alum 'of sulphate or alumina is used, frequent test shall be made to insure that the water does not show an acid reaction. At all times when the pool is in use, the water shall be sufficiently clear to permit the entire bottom of the pool to be clearly visible from the walkways. Sec. 18-88. Records. Such records of operation shall be kept as may be required by the Health Department and reports shall be submitted to this Department, as required. Sec. 18-89. Interference with Enjoyment of Property Rights Prohibited. No swimming pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool located in the neighborhood. Sec. 18-90. Shielding Lights. Lights to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises. Sec. 18-91. Unnecessary Noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a swimming pool the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool premises shall be unlawful. Sec. 18-92. Commercial Activities. The carrying on of any commercial undertakings at a swimming pool entailing the sales of food, drinks, novelties or other merchandise in a manner unreasonably disturbing to neighboring property owners and inhabitants in the enjoyment of their property shall be prohibited. 7 168 Swimming. pool signs and placards shall be of such type and so affixed as not to prejudice or unreasonably disturb the enjoyment of neighboring property owners of their property. Sec. 18-93. Compliance with Requirements of State Department of Health. In the operation and maintenance of any swimming pool, state laws, this ordinance and the requirements of the State Department of Health shall be observed. In the event of any conflict between the provisions of this ordinance and the requirements of the State Department of Health, the provision imposing the higher standard or the more stringent requirement shall be controlling. Sec. 18-94. Indecent Exposure. Every person using an outdoor public or semi-public swimming pool, or an indoor public or semi-public swimming pool where the sexes are mixed, must wear a bathing suit or other suitable garment to protect his person from indecent exposure. Sec. 18-95. Fees. The fee for a Swimming Pool Permit, including three (3) samples per year shall be $64.00 annually. Additionally, the Swimming Pool Operator's License shall be $15.00 annually. However, in the event that the operator has attended an approved operator's certification within the previous three (3) years, the fee for a Swimming Pool Operator's License shall be $5.00 annually. Year-round pools will pay an additionally $8.00 per month per water sample. The Reinspection Fee for any swimming pool shall be $25.00. These fees may be periodically adjusted by a recommendation of the Health Department and approval by the City Council, based on overhead and other associated costs. Sec. 18-96. Polluted Water. No body of water, whether it be a natural or artificial body of water in the city which contain sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing purposes by any person or persons. SECTION II. Cumulativeness Clause. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. 8 169 SECTION IlL Conflicts Clause. All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV. Severability Clause. Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. SECTION V. Effective Date. This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the 14th da of J~g_e, 1994. Lloyd Woods, Mayor ATTEST: en McBeth, City Secretary APPROVED AS TO CONTENT: John Castro, Health Department APPROVED AS TO FORM: Wally Hafch, City Attorney 9