HomeMy WebLinkAbout17-3658 ord9
11
ORDINANCE NO. 17-3658
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
PLAINVIEW, TEXAS, CREATING CHAPTER 3, ARTICLE 3.15,
SWIMMING POOLS AND SPAS TO ADOPT THE INTERNATIONAL
SWIMMING POOL AND SPA CODE (2015 EDITION); AMENDING
CHAPTER 6, ARTICLE 6.04 TO THE CITY OF PLAINVIEW CODE OF
ORDINANCES; REPEALER; CUMULATIVENESS CLAUSE;
SEVERABILITY CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE
DATE.
WHEREAS, Chapter 3, Building Regulations, of the City of Plainview Code of
Ordinances sets forth the minimum standards for building construction; and
WHEREAS, Chapter 6, Health and Sanitation, of the City of Plainview Code of
Ordinances is for the purpose of protecting the public health, safety, and welfare; and
WHEREAS, from time to time it is advisable to review the ordinances that regulate
construction and maintenance of buildings and facilities with related codes effecting the
City of Plainview; and
WHEREAS, the Building Trades and Fire Code Board of Appeals has reviewed
staff recommendations to add a new article to Chapter 3 by adopting the 2015 edition of
the International Swimming Pool and Spa Code and revising Chapter 6, Article 6.04; and
WHEREAS, the City Council has reviewed the City of Plainview Code of
Ordinances at Chapter 3, Article 3.15, which adopts the 2015 edition of the International
Swimming Pool and Spa Code, with proposed amendments as hereinafter made and
Chapter 6, Article 6.04 as revised herein; and
WHEREAS, the City Council finds that it would be in the best interest of their
citizens to adopt such ordinances as hereinafter stated, and that not doing so could be
detrimental or injurious to the public health, safety or general welfare of the citizens of the
City of Plainview.
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
Chapter 3, Building Regulations, is amended by adding Article 3.15, Swimming
Pools and Spas, as follows:
Ord. No. 17-3658
2015 Intl Swimming Pool/Spa Code Page 1 of 9
223
224
ARTICLE 3.15 SWIMMING POOLS and SPAS
Division 1. Generally
Sec.3.15.001 Adopted
All installation hereafter installed within the corporate limits of the city shall be done
in a professional, workmanlike manner in accordance with the 2015 edition of the
International Swimming Pool and Spa Code and appendixes as published by the
International Code Council, Inc. and said International Swimming Pool and Spa Code is
made part of this chapter, with the additions and deviations therefrom contained in this
code. This division shall be known and may be cited as the building regulations for
swimming pools and spas ordinance of the city. For health and sanitation regulations of
swimming pools and spas, see the Swimming Pools Ordinance, Article 6.04 of the City of
Plainview Code of Ordinances.
Sec. 3.15.002 Amendments
The 2015 International Swimming Pool and Spa Code is amended as follows:
SECTION 101. GENERAL
101.1 Title. Insert "City of Plainview".
SECTION 102. APPLICABILITY
102.9 Other laws. The provisions of this code shall not be deemed to nullify any
provisions of local, state, or federal law, included but not limited to the following:
1. Texas Department of State Health Services (TDSHS); Standards for Public Pools
and Spas; §285.181 through §285.208, (TDSHS rules do not apply to pools serving
one- and two-family dwellings).
2. Texas Department of Licensing and Regulation (TDLR); Texas Accessibility
Standards (TAS), TAS provide the scoping and technical requirements for
accessibility for swimming pools, wading pools, and spas and shall comply with TAS,
Section 242. (TAS rules do not apply to pools serving one- and two-family dwellings).
Exception: Elements regulated under Texas Department of Licensing and Regulation
(TDLR) and built in accordance with TDLR approved plans, including any variances
or waivers granted by the TDLR, shall be deemed to be in compliance with the
requirements of this Chapter.
SECTION 103. DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The department of building safety is hereby
created and the official in charge thereof shall be known as the code official. The
Plainview -Hale County Health Department is responsible for the regulation of any public
Ord. No. 17-3658 2015 Intl Swimming Pool/Spa Code Page 2 of 9
swimming pool and for such purposes shall be known as the code official responsible for
regulation of any public swimming pool in accordance with this code, local, and state law.
For the health and sanitation of swimming pools and spas, the City of Plainview Code of
Ordinances at Chapter 6, Article 6.04 addresses those regulations.
SECTION 105. PERMITS
105.6.2 Fee schedule. The fees for all work shall be set forth in Section 3.05.083 of the
City of Plainview Code of Ordinances.
SECTION 107. VIOLATIONS
107.4 Violation penalties. Delete in its entirety and insert the following: Any person or
persons, who is found to be in violation of the provisions of this Article, or who fails to do
any act required hereby, shall be deemed guilty of a misdemeanor, and upon conviction
hereof, shall be punished as provided in section 1.01.009 of the City of Plainview Code
of Ordinances, "general penalty; continuing violations." Each day that a violation
continues after due notice has been served shall be deemed a separate offense.
107.5 Stop work orders. Upon notice from the code official, work on any system that is
being done contrary to the provisions of this code or in a dangerous or unsafe manner
shall immediately cease. Such notice shall be in writing and shall be given to the property
owner, or the owner's agent, or the person doing the work. The notice shall state the
conditions under which work is authorized to resume. Where an emergency exists, the
code official shall not be required to give a written notice prior to stopping the work. Any
person who shall continue any work in or about the structure after having been served
with a stop work order, except such work as that person is directed to perform to move a
violation or unsafe condition, shall be liable to a fine as specified in the City of Plainview
Code of Ordinances at Section 1.01.009.
SECTION 108. MEANS OF APPEAL
108.1 Application for Appeal. Delete this Section in its entirety and insert the following:
In order to hear and decide appeals of orders, decisions or determinations made by the
Building Official relative to the application and interpretation of this code, an appeal must
be filed with the Building Trades and Fire Code Board of Appeals in accordance with
Article 3.02 in the City of Plainview Code of Ordinances.
SECTION 202. DEFINITIONS. Insert the following definition:
HEALTH DEPARTMENT: The Plainview -Hale County Health Department regulates the
operation of swimming pools and spas. Routine inspections on pools and spas are
conducted to document compliance with the standards set forth in State law and the City
of Plainview Code of ordinances.
SECTION 305. BARRIER REQUIREMENTS
305.1 General. Change to read as follows: The provisions of this section shall apply to
the design of barriers for all aquatic training vessels or spas. These design controls are
Ord. No. 17-3658
2015 Intl Swimming Pool/Spa Code Page 3 of 9
225
226
intended to provide protection against the potential drowning and near drowning by
restricting access to such vessels or spas. These requirements provide an integrated
level of protection against potential drowning through the use of physical barriers and
warning devices.
Exceptions: One- and two-family dwellings provided with the following:
1. Spas and hot tubs with a lockable safety cover that complies with ASTM F 1346.
2. Swimming pools with a powered safety cover that complies with ASTM F 1346.
305.2 Outdoor swimming pools and spas. Change to read as follows: All outdoor
aquatic vessels or spas and indoor swimming pools shall be surrounded by a barrier that
complies with Sections 305.2.1 through 305.7, and in accordance with the 25 Texas
Administrative Code at Chapter 265, Subchapter L, Texas Health and Safety Code at
757, and those sections of Article 6.04 of the Plainview Code of Ordinances for public
pools.
305.2.7 Chain Zink dimensions. The maximum opening formed by a chain Zink fence
shall be not more than 1.75 inches (44 mm). Where the fence is provided with slats
fastened at the top and bottom which reduces the openings, such openings shall be not
more than L75 inches (44mm).
305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier
in public schools built after October 1, 2004.
Exception: Class B public pools.
305.6 Natural barriers used in a one- and two-family dwelling. In the case where the
vessel area abuts the edge of a lake or other natural body of water, public access is not
permitted or allowed along the shoreline, and required barriers extend to and beyond the
water's edge a minimum of 18 inches (457 mm), a barrier is not required between the
natural body of water shoreline and the vessel.
SECTION 310. SUCTION ENTRAPMENT AVOIDANCE. Delete in its entirety and insert
the following:
310. 1 General. Suction entrapment avoidance for aquatic vessels or spas shall be
provided in accordance with APSP 7. Suction entrapment avoidance for public and
residential swimming pools will be in accordance with the State of Texas Rules for Public
Swimming Pools and Spas at 25 TAC Chapter 265, Subchapter L, §265.190.
Exception: Portable residential spas and portable residential exercise spas listed
and labeled in accordance with UL 1563 or CSA C22.2 No. 218.1.
SECTION 313. PUMPS AND MOTORS
313.7 Emergency shutoff switch for spas and hot tubs. Delete in its entirety and insert
the following: A clearly labeled emergency shutoff or control switch on spas and hot tubs
for the purpose of stopping the motor(s) that provide power to the recirculation system
Ord. No. 17-3658 2015 Intl Swimming Pool/Spa Code Page 4 of 9
D
227
and jet system shall be installed at a point readily accessible to the users and not less
than 1.5 m (5 ft.) away, adjacent to, and within sight of the spa or hot tub. This requirement
shall not apply to single-family dwellings.
SECTION 402. DIVING
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance
with Table 402.12.
Table 402.12
MINIMUM DIVING WATER ENVELOPES
(See Figure 402.12)
type
Minimum dimensions
Minimum width of pool
01
D2
R -D3
L1
L2
L3
L4
L5
Pt. A
Pt. B
Pt. C
VI
71-0"6"
„
2!-6.25'-
8-92
1--6-
A�'
�'-
281-8=
16'-0"
18 -0"
"
8'-6"
9'-0"
4'-0"
4'-O"
12'-0"
14' -0"
4'-0"
34'-0"
IVil
72-61'
9-0"
10' 10"
6'-0"
31-02
9'-9-'
16'-5"
1-21-0"
4'-0"
281-911
18'-0"
20'-0"
20'-0"
11' 2"
5'-O"
13'-2"
38'-7"
VIII
8'-6"
1-0'-0"
7'-9"
441"
44)14"
19'-9"
15' 0"
2'-O"
34-'-0''
201_0"
22' 0"
22' 0"
12'-2"
11'-10"
6'-O"
6'-O"
13'-11'
41'-8"
23'-0"
23'-0"
lx
41-!-011
12' 0"
814'
61-0"
1-0'-62,
21' 0-'
0
31-61'
22' 0"
24'-0"
24-0"
FIGURE 402.12
402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails or two
handrails. There shall be a uniform distance between ladder treads, with a 7 inch (178 mm
minimum) distance and 12 inch (305 mm) maximum distance. Supports, platforms, steps, and
ladders for diving equipment shall be designed to carry the anticipated loads. Steps and ladders
shall be of corrosion -resistant material, easily cleanable and with slip -resistant tread.
if.. nru Al Dian am ow*.
CdE1CCTwGI�Ctltl iq ■ M MUM AIM CWi CPOW
Insert following exception: The distance between treads for the top and bottom
riser can vary.
Ord. No. 17-3658 2015 Intl Swimming Pool/Spa Code Page 5 of 9
228
SECTION 411. SPECIAL FEATURES
411.2. Pool stairs. The design and construction of stairs extending into the pool in
either shallow or deep water, including recessed pool stairs, shall comply with Sections
411.2.1 through 411.2.4.
411.2.1. Tread dimensions and area. Treads shall have a minimum unobstructed
horizontal depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches.
411.2.2. Risers. Risers for steps shall have a maximum uniform height of 10 inches, with
the bottom riser height allowed to taper to zero.
411.5.1.4. Swimouts: Change to read as follows: The leading edge shall be provided
with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the
front leading edge of each step. This stripe shall be plainly visible to persons on the pool
deck. The stripe shall be a contrasting color to the background on which it is applied, and
the color shall be permanent in nature and shall be a slip -resistant surface.
411.5.2.5. Underwater seats and benches. Change to read as follows: The leading
edge shall be provided with a horizontal solid or broken stripe at least 1 inch wide on the
top surface along the front leading edge of each step. This stripe shall be plainly visible
to persons on the pool deck. The stripe shall be a contrasting color to the background on
which it is applied, and the color shall be permanent in nature and shall be a slip -resistant
surface.
SECTION 603. MARKINGS AND INDICATORS
603.2 Class A and B pools: Delete in its entirety and change to read as follows: Class
A and B pools over 5 feet deep: the transition point of the pool from the shallow area to
the deep area of the pool shall be visually set apart with a 4 -inch minimum width row of
floor tile, a painted line, or similar means using a color contrasting with the bottom; and a
rope and float line shall be provided between 1 foot and 2 feet on the shallow side of the
5 -foot depth along and parallel to this depth from one side of the pool to the other side.
The floats shall be spaced at not greater than 7 -foot intervals; and the floats shall be
secured so they will not slide or bunch up. The stretched float line shall be of sufficient
size and strength to offer a good handhold and support loads normally imposed by users.
If the owner or operator ofthe pool knows or should have known in the exercise of ordinary
care that a rope or float is missing, broken, or defective, the problem shall be promptly
remedied.
SECTION 610. SPECIAL FEATURES
610.5.1. Uniform height of 10 inches. Insert "9 inches" for "10 inches (54 mm)" in title
and in text.
ANSI/APSPIICC-7 2013. American National Standard for Suction Entrapment
Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs And Catch Basins
4.6.1 D ual outlets. Insert the following: The flow rating for each listed cover/grate shall
be greater than the maximum flow as determined in accordance with 4.4.1.
Ord. No. 17-3658 2015 Intl Swimming Pool/Spa Code Page 6 of 9
4.7 Dual cover/grate separation. Insert the following: Dual cover/grates shall be
separated by a minimum of 3 feet (914 mm) but not more than 5 feet (1524mm) measured
from center to center of the suction pipes suction outlet cover inside edge to inside edge
(see figures 4, 5, 6, 8, 9 ,and 10) or located on two (2) different planes, i.e., one (1) on
the bottom and one (1) on the vertical wall, or one (1) each on two (2) separate walls.
(See figures 7 and 14.)
5.3.2 Dual outlet separation. Change to read as follows: Dual outlets shall be separated
by a minimum of 3 feet (914 mm) but not more than 5 feet (1524mm)_measured from
center to center of the suction pipes (see figures 4, 5, and 6) or located on two (2) different
planes, i.e., one (1) on the bottom and one (1) on the vertical wall, or one (1) each on two
(2) separate walls. (See figures 7 and 14.)
SECTION II
Chapter 6, Article 6.04, Swimming Pools, is amended as follows:
ARTICLE 6.04 SWIMMING POOLS
Division 1 Generally
Section 6.04.001 Enclosure.
f Every outdoor swimming pool shall be completely surrounded by a barrier or
enclosure in accordance with state law and Chapter 3, Article 3.15 of the City of Plainview
Code of Ordinances.
(a4 E moor SWinnIrning-peG-1-shall be oomftietely surr
lest than- four feet (in. 4R #eight, which shall be s have
f-+nches (4"' iRIORs+oR exc -4er doors
a - r rna+ntamod , the horizontal dimension shall
wed -four inches (4")_ A dwelling house or acees may be used apart
eft -este ,ure,
(b) 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 forams a part of the
enclosure need not be so equipped.
(1 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
and as stated at Chapter 3, Article 3.15 of the City of Plainview Code of Ordinances and
state law.
Ord. No. 17-3658
2015 Intl Swimming Pool/Spa Code Page 7 of 9
229
230
(c) The requirement shall be applicable to all new simrr i -pools other -than indoor -poets
and shall apply to all existing pools which have a minimum depth of 18 ion .
Ne-pecsen,in perms
(d) If such barrier or enclosure is a hazard to the public health, safety, and welfare,
then the health department may require such repairs or remedy the hazard. The health
department, upon remedying such hazard, may place a lien against the property on which
the barrier or fence is situated, unless it is a homestead as protected by the Texas
Constitution.
(d)
- he-heig+re, ,
I-alaioc, or tho-ncco ity therefor, provided the
steres
to be used so long as the` degFee of protection afforded by the substitute devices or
Wires is -not lees ' -a fefdcci by the wall, fence, gate and h
deseniberei ttment shall allow-a-€eaeonal le period of time within
which to cDmply W+th the requirements of this -section
2:2... - ..
A person who violates a provision of this article is guilty of a separate offense for
each day or part of a day during which the violation is committed, continued, or permitted.
Each offense, upon conviction. is punishable by a fine as specified in the Plainview Code
of Ordinances at Section 1.01.009.
(2000 Code, sec. 18-64)
State law references—Swimming pool enclosures, V.T.C.A., Local Government Code,
sec. 214.101; pool yard enclosure for multiunit rental complex, property owners'
association, etc., V.T.C.A., Health and Safety Code, ch. 757.
SECTION III
All ordinances or parts of ordinances inconsistent with any provisions of this
ordinance are hereby repealed to the extent of such conflict, and the provisions of this
ordinance shall be and remain controlling as to the matters regulated herein.
SECTION IV
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting, regulating, or
goveming the subject matter herein.
Ord. No. 17-3658
2015 Intl Swimming Pool/Spa Code Page 8 of 9
D
SECTION V
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by
a court of law or administrative agency with jurisdiction over the matter, such action shall not
be construed to affect any other valid portion of this Ordinance. A constitutional construction
hereof is intended and shall be given. There is not intent herein to violate either of the Texas
Constitution or the Constitution of the United States.
SECTION VI
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 VII
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 27th day of June, 2017.
PASSED AVD APPROVED on second reading this 25th day of July, 2017.
ATTEST:
i
/2i,t "ThN
Belinda Hinojosa, City Sertiary
APPROVED AS TO CONTENT:
Cris V (verde, Community Development Manager
Ord. No. 17-3658
endell Dunla•, ayor
2015 Intl Swimming Pool/Spa Code Page 9 of 9
231