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HomeMy WebLinkAboutOrdinance 2036 ORDINANCE NO, 2036 Be it ordained by the City Council of North Richland Hills, Texas that: ARTICLE I PREAMBLE WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HAS DETERMINED THAT THE REGULATION OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS IS NECESSARY FOR HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY. IT IS, THEREFORE ORDAINED THAT AN ORDINANCE REGULATING PUBLIC AND SEMI-PUBLIC SWIMMING POOLS AND PROVIDING A PENALTY FOR VIOLATIONS OF ANY PROVISION OF THIS ORDINANCE BE ADOPTED, ARTICLE II Section 2.01 DEFINITIONS A. Fee schedule - applicable fee set by the City Council of North Richland Hills. B, Free Chlorine Residual - the chlorine concentration, in milligrams per liter (mg/1) units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammoniacal compounds after the initial chlorine demand of the water has been satisfied. C. Lifeguard - an individual schooled and certified in an advanced course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross. D. Certified Pool Operator - the person trained through an approved program and ultimately responsible for the safe sanitary maintenance of a public or semi-public pool. One Certified Pool Operator is required on staff per site. E. Private Pool - any pool located on private, single-family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. F. Public Pool - any pool, spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. G, Residential - pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional single-family residences, duplexes, multi- family residences, H, Semi-Public Pool - any pool, spa or water slide which is not included within the definition of either "Private Pool" or "Public Pool" as those terms are defined herein, I. Spa - "therapeutic pool", "hydrotherapy pool", "whirlpool", "hot tub", and similar type pools which may not be drained, cleaned and refilled for each individual. J. Swimming Pool or Pool - any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and shall include water slides. K. Water Slides - any recreational water slide flume designed to provide a descending ride into a splash-down pool at the base of the slide. L. Water Park - A facility consisting of multiple attractions including water slides, wave pools, children areas, endless rivers and various other attractions that differ from the traditional swimming pool complex. In order to qualify as a water park all attractions must be contained on one site. ARTICLE III PERMIT Section 3.01 PERMIT REQUIRED A. A person shall not operate a public or semi-public pool in the City of North Richland Hills unless and until a permit for such purposes has been issued by the Environmental Services Official or his/her designee. B. An application for such permit as required in this Article shall be made in writing to the Environmental Services Official or his/her designee upon forms prescribed and furnished by the City of North Richland Hills, C, An applicant must designate a Certified Pool Operator for each complex for which a permit is sought and the person designated as the Certified Pool Operator must be employed on the premises where the pool is located. D. Operational permits shall expire on April 30th of each year, unless suspended for cause before expiration date and must be renewed each year as described in this Section. E. Public pools which are owned and operated by the City or public schools must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee, Section 3.02 PERMIT DURATION AND RENEWAL: The permit shall be renewable on May first (1st), of each calendar year. Section 3.03 PERMIT FEE: The permit fee for a public or semi-public pool shall be one hundred ($100) dollars. Each public or semi-public pool shall require a separate permit. ARTICLE IV INSPECTION AND OPERATION Section 4.01 INSPECTIONS: The Environmental Services Official is authorized to conduct such inspections as he/she deems necessary to ensure compliance with all provisions of this ordinance. He/she shall have right of entry at any reasonable hour upon the premises where a public or semi- public pool is located. He/she shall have the authority to collect water samples from the pool. Each public or semi-public pool shall be inspected by an Environmental Services official prior to use by the public for the swimming season. Section 4.02 MAINTENANCE AND OPERATION A. Every public and semi-public pool shall employ a Certified Pool Operator, as provided in Section 3.01 above, who shall be responsible for compliance with all parts of this Article relating to pool maintenance, pool operation and safety of swimmers. It shall be unlawful for such Certified Pool Operator to cause or permit the existence of a condition which is in violation of any part of this Article. 8, All pumps, pump rooms, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semi- public pools shall be maintained in a good state of repair. C. All public and semi-public pools shall be treated and maintained in accordance with the following standards: 1. Every pool shall contain a disinfection concentration of a minimum free chlorine residual of 1.0 mg/1. Every spa shall contain a disinfection concentration of a minimum free chlorine residual of 2.0 mg/1. Use of any disinfectant other than chlorine must be approved by the Environmental Services Official. A test kit for measuring the concentration of the disinfectant, accurate within 0.2 mg/1, shall be provided at each pool/spa. 2, If cyanuric acid is used to stabilize the free available chlorine, or if one of the chlorinated isocyanurate compounds is used as the disinfecting chemical, the concentration of cyanuric acid in the water should be at least 30 mg/1 but shall not exceed 100 mg/1. A test kit should be available for measuring the concentration of cyanuric acid, 3. Every pool shall have water a pH of not less than 7.2 and not more than 8.0. A pH test kit accurate to the nearest 0.2 pH units, shall be provided at each pool. The total alkalinity of the pool water shall be at least 50 mg/1, but not greater than 150 mg/1, 4. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. 5. Every pool shall have water clarity sufficient for the main drain or a six inch (6") diameter turbidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool. 6. Every pool shall be free of scum, and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. D. The recirculatory system of a public or semi-public pool must be in operation and properly maintained at all times. E. Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the North Richland Hills Plumbing Code of the City of North Richland Hills. F. Areas surrounding a public or semi-public pool, including bathouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times, G. All swimming pool back wash and drainage shall be disposed of into the City sanitary water system through lines and equipment installed in accordance with the North Richland Hills Plumbing Code unless said water is to be used to recycle as gray water and for conservation purposes only, No back wash or drainage water may be pumped or drained directly to adjacent public or private property. Section 4.03 HEALTH AND SAFETY PROVISIONS A. All public pools, excluding spas, shall be attended by at least one (1) lifeguard during all hours of operation. B. The following safety equipment shall be readily available at all public and semi-public pools, excluding spas during all times they are open for use: 1. A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of twelve feet (12'); or a ring buoy of not more than fifteen inches (15") in diameter, to which shall be attached a throw line at least the length of the maximum width of the pool. 2. A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth. C. Semi-public pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states "WARNING - NO LIFEGUARD ON DUTY", with clear, legible letters at least four inches (4") in height. In addition, the sign shall also state, "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE" . D. A sign shall be placed in distinct view of swimmers at all semi-public pools giving the emergency telephone number of the Police Department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. E. Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than twenty-five foot (25') intervals around the entire perimeter of the pool. Markings must be in numerals of minimum height of four inches (4"). F, A sign should be posted requiring a shower before using the pool. G. A sign should be posted at all public and semi-public spas warning that alcohol should not be consumed prior to or while using the spa. H, All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well-ventilated place, out of the reach of children and should be kept in a locked room, I. The pool shall be surrounded by an approved wall or fence not less than six feet (6') in height with self-latching gates with locks at all entrances into the pool area. Said fence shall be kept in good repair, including areas adjacent and on the inside and outside of the fence. J, In the case of private pools that are abandoned or are allowed to become filthy rendering them unsafe for swimming or bathing, the City of North Richland Hills may require that the pool in question be secured with a cover approved by the Environmental Services Official. Should the owner or person in control of said pool not comply when ordered to do so by the Environmental Services Official, the City may choose to cover the pool in question and collect the cost incurred from the owner of the property on which the pool is located. Section 4.04 REGULATIONS IN POOL AREA A person commits an offense if he/she: A. Allows an animal under his/her control to enter or remain within the pool area or pool enclosure of a public or semi-public pool; or B. Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semi-public pool; or C. works at a public or semi-public pool while infected with a communicable disease; or D. alters or removes safety equipment from a public or semi-public pool except in an emergency; or E. carries glass within a public or semi-public pool area or enclosure. ARTICLE V ENFORCEMENT Section 5.01 FAILURE TO COMPLY Failure to comply with any section of this ordinance may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not comply with the provisions of this ordinance, the Environmental Services Official shall notify the Certified Pool Operator of the existing violations. If the Environmental Services Official determines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public, the pool shall be immediately closed. Signs shall be posted at all entrances to the swimming pool and written notice shall be given. Said sign shall be clearly visible to a reasonably observant person and shall state, "Closed by the North Richland Hills Environmental Service Department". A reinspection of the pool will be conducted during the regular working hours of the Environmental Services Department at the request of the Certified Pool Operator. If compliance has been achieved, the Certified Pool Operator shall be notified that the pool may be opened. The owner and certified pool operator shall be responsible for keeping the Closed sign visible at all times. It shall be a violation for the owner or operator to allow use of the pool after the pool has been ordered closed and the Closed sign has been posted by the Environmental Services official. Section 5.02 VIOLATION OF CLOSURE ORDER When the Environmental Services Official has ordered that a pool be closed due to non- compliance with any provision of this ordinance, the owner of such pool shall not knowingly allow the pool to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the owner shall (1) immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. Use of the pool by an individual for swimming, diving or bathing purposes after the Environmental Services Official has ordered such pool to be closed shall be deemed prima facie evidence that the owner of said pool has knowingly allowed the pool to be used for such purposes, Section 5.03 ENFORCEMENT RESPONSIBILITY The Environmental Services Official or his authorized representative shall have enforcement responsibility for this ordinance. ARTICLE VI SEVERANCE, REPEALER AND PENALTY Section 6.01 SEVERANCE That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgement or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph subsection, article or section. Section 602 REPEALER All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby replaced; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. Section 6. 03 PENALTY Any person, firm, association of persons, company, corporation or their agents, servants or employees violating or failing to comply with any of the provisions of any Health Article shall be fined upon conviction not less than one dollar ($1.00) nor more than two hundred dollars ($200.) And each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. S1. Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved this 27th Day of February ,19~. ATTEST: ..k-R&¿"~~:?tu ~~ iØànette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: '" Rex McEntire, Attorney for th~ fort IorthStuo1èlegram 400 W. SEVENTH STREET. FORT WORTH, TEXAS 76102 THE STATE Of TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally ared DAWN M. RIVERA Billing Specialist for the fort Worth Star-Telegram published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas'wand who, after being duly sworn, did depose and say that the following clip g of an advertisement was published in the above named paper on the f owing dates: MAR 08 3140810 CL. 358 mar 8 1X25 L 25 .25 6.25 -~----~ A':: of no . no~ more than ~ for v 0 iltlng the ordlnanQ! and ørovld ng for an~tlve datè. Pas I bv the City Council of the of· orth Rlchlðnd ~llIs. eXðtJr 27th daY of A#l,~v~rv. 5. Jeanette Relves Cltv ~..!!fðrv ~:'Ÿš:rown g'ð'vor -~--_.~- ~-_._,-,--~,-~ f~~~:~~-·~~J'.q.,..;;>¡r....~~.......~ ---if1;~;;J:j ~~~~~;~~s $ ,;.....,.. -" ."'/;' I :"'iW~J'''r If. 1 398 -- :,~~~;;<~:~~:;:~::~~:.~~:,~ ,..--TEAFI ALONG THIS PEFlFOFlATION AND FlETUFlN THE LOWEFI POFlTION WITH YOUFI PAYMENT--....