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HomeMy WebLinkAboutOrdinance 2154 ORDINANCE 2154 TABLED 11-11-1996 I ORDINANCE TABLED 11-11-96 COUNCIL MEETING ORDINANCE NO. 2154 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING RULES AND REGULATIONS FOR PUBLIC AND SEMI-PUBLIC SWIMMING POOLS AND HOT TUBS I SPAS ~ PRIVATF SWIMMING POOLS; PROVIDING FOR PERMIT FEES; PROVIDING FOR ANNUAL INSPECTIONS; AND CONTAINING A SEVERABILITY CLAUSE, A PENALTY FOR VIOLATION, AND AN EFFECTIVE DATE. WFff;REAS, the City Council of the City of North Richland Hills, Texas, has determined that the regulation of public and semi-public swimming pools and hot tubs / spas and private swimming pools is necessary for the health, safety, and general welfare of the citizens of the City, now, therefore, Be it ordained by the City Council of North Richland Hills, Texas that: ARTICLE I DEFINITIONS AND APPLICABILITY Section 1.01 DEFINITIONS A. Certified Pool Operator - the person trained through an approved program, permitted and ultimately responsible for the safe sanitary maintenance of a public or semi-public pool or hot tub / spa on staff, per site. 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. Fee schedule - applicable fee set by the City Council of North Richland Hills. D. Hot Tub I Spa - therapeutic pool", hydrotherapy pool", whirlpool", hot tub", and similar type pools which are specifically designed to incorporate water jets and / or an aeration system to be used for hydro massage and which may not be drained, cleaned and refilled for each individual and which is intended to be used by the general public for therapy massage and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. E. 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. F. 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. G. Public Pool- any pool, hot tub I 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. . H. Residential - pertaining to any structure or premises used for permanent living . quarters of whatever type, including conventional single-family residences, duplexes, multi-family residences. I. Semi - Public Pool - any pool, hot tub I spa or water slide which is not included within the definition of either "Private Pool" or "Public Pool" as those terms are defined herein. 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. Wading Pool - A constructed or prefabricated pool used for wading which is less than twenty-four (24) inches in depth. 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. M. Water Slides - any recreational water slide flume designed to provide a descending ride into a splash-down pool at the base of the slide. Section 1.02 APPLlCABILlTY:_ These regulations shall apply to the following: A. All public or semi - public hot tubs and spas. 8. All public or semi - public swimming pools, water parks, and water slides. C. All private pools over twenty-four (24) inches in depth or which contain more than two thousand (2,000) gallons of water and are constructed after the effective date of this ordinance. EXCEPTION: The fencing and locking gate requirements shall be applicable to all pools. 2 ARTICLE II PUBLIC AND SEMI-PUBLIC POOLS Section 2.01 PERMIT REQUIRED A. A person shall not operate a public or semi-public pool or hot tub / spa 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 2.02 PERMIT DURATION AND RENEWAL: The permit shall be renewable on May first (1st) of each calendar year. Section 2.03 PERMIT FEE: The permit fee for a public or semi-public pool or hot tub / S/Hl. shall be one hundred ($100) dollars. Each public or semi-public pool or hot tub / S/Hl. shall require a separate permit. Section 2.04 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 or hot tub / spa is located. He/she shall have the authority to collect water samples from the pool or hot tub / spa. Each public or semi-public pool or hot tub / spa shall be inspected by an Environmental Services official prior to use by the public for the swimming season. Section 2.05 MAINTENANCE AND OPERATION A. Every public and semi-public pool or hot tub / spa 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 3 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. B. 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 or hot tub / spa shall be maintained in a good state of repair. . C. All public and semi-public pools or hot tub / spa shall be treated and maintained in accordance with the following standards: '. 1. Every pool shall contain a disinfecting concentration of a minimum free chlorine residual of 1.0 mg/1. Every or hot tub / spa shall contain a disinfecting 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/hot tub I 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 or hot tub / spa 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 or hot tub / spa. 6. Every pool or hot tub / spa 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 or hot tub / spa must be in operation and properly maintained at all times. 4 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 Uniform Plumbing Code of the City of North Richland Hills. F. Areas surrounding a public or semi-public pool, including bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. G. ^" swimming pool back wash and drain::Jgc shall be dispowd of into the City sanitary water syctom through linec and equipment installed in accordance with the Uniform Plumbing Code unless caid water is to be uwd to recycle as gray w::Jter and for conœrvation purposes only. No back waeh or drain::Jge water may be pumped or drained directly to adj::Jccnt public or private property. Section 2.06 DRAINAGE OF POOL WA TFR \ FIL TER BACKWASH No filter back wash or drainage water may be pumped or drained directly to the ground or onto adjacent property. All swimming pool back wash and drainage shall be disposed of by using one of the fOllowing procedures: A. Direct disposal into the City sanitary water system through lines and equipment installed in accordance with this code, or B. Recirculate filtered pool backwash directly into the pool after proper disposal of cartridge filter or similar type filtering system which has no water discharge, or C. Recycled as gray water for conservation purposes in a manner approved by the Public Works Director. Section 2.07 HEALTH AND SAFETY PROVISIONS A. All public pools, excluding hot tubs / 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 hot tubs / 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. 5 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. All pools and hot tubs shall be fitted with "anti-vortex" protection. Section 2.08 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 6 ~ 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. ARTICLF /II PRIVA TF POOLS Section 3.01 HEAL TH AND SAFETY A. The pool shall be surrounded by an approved wall or fence not less than six feet (67 in height with se/f-Iatchinq 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. However, a retractable ladder may be aI/owed on an above-ground pool when the buildina inspector has determined that substantial compliance with this safety requirement is satisfactory. B. In the case of private pools that are abandoned or are aI/owed to become unsanitary 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 3.02 DRAINAGE OF POOL WA TER \ FIL TER BACKWASH No filter back wash or drainage water may be pumped or drained directly to the ground or onto adjacent property. All swimming pool back wash and drainage shall be disposed of by using one of the following procedures: A. Direct disposal into the City sanitary water system through lines and equipment installed in accordance with this code, or B. Recirculate filtered pool backwash directly into the pool after proper disposal of cartridge filter or similar type filtering system which has no water discharge. 7 ARTlCI F IV RFDUIRFMFNTS FOR All POOl S Section 4.01 SWIMMING POOL WASTFWA TFR DISPOSAl No direct connection shall be made between any storm drain, sewer, drainage system, seepage pit underground leaching pit and any line connected to a swimming pool or·hot tub. When the wastewater is to be disposed of through a public sewer, a minimum of three (3) inch P trap shall be required. The tailpiece from the trap shall extend a minimum of three (3) inches above finished grade and below finished floor grade. Traps need not be . vented when located on the exterior of the building. The connection between the filter waste discharge piping and the P trap shall be made by means of an airgap. Section 4.02 SWIMMING POOL DRAINAGE REQUIREMENTS This section shall establish building permit drainage and lot gradina requirements for swimming pools and pool decks and no building permit or final inspection shall be approved unless the proposed pool and pool deck are in compliance with these regulations. A. All building permit applications for swimming pools and pool decking shall include a plot plan drawn to scale showing the following: 1. the limits of the proposed pool and pool decking, 2. any proposed landscaping wall or retaining wall, and 3. the existing drainage flows on all adjacent lots and the proposed drainage after completion of the proposed pool and pool decking. B. No pool deck shall be located nearer than two (2) feet to a site boundary or within any drainage or utility easement. C. Lots shall be graded to comply with the following: 1. All surface water to drain away from any pool or pool deck. 2. All grading plans to be consistent with the approved drainage plan for the subdivision. 3. The toe of any fill slope or top of any cut slope shall not be nearer to a side or rear property line than one half the height of the slope or cut. The minimum distance in this situation shall be two (2) feet. 4. No cut or fíll shall be made within any drainage easement. 5. No cut or fill slope associated with a pool or pool deck shall exceed a 3:1 ~ 6. The Building Official may require a retaining wall to maintain compliance with these drainage requirements. 8 D. The Ruilding Official may approve alternate setbacks or drainage patterns when shown on a grading plan which has been prepared and sealed by a registered professional engineer. ARTICLE V ENFORCEMENT Section 5.01 FAILURE TO COMPLY A. Public and Semi - public Pools 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. 1. 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. Said sign shall be clearly visible to a reasonably observant person and shall state, "Closed by the North Richland Hills Environmental Service Department". A re-inspection 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. 2. Damage to or removal of said sign may result in the issuance of a citation to the manager of the property and/or the Certified Pool Operator. 3. 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. 4. 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. 9 5. 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 B. Private Pools In the case of private pools that are abandoned or are allowed to become unsanitary 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. '" 5.04 ENFORCEMENT RESPONSIBILITY The Environmental Services Official, Building Official, or Chief Code Enforcement Officer, or their authorized representatives, shall have enforcement responsibility for this ordinance. ARTICLE VI SEVERANCE, REPEALER, PENAL TV AND EFFECTIVE DATE 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 judgment 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 6.02 REPEALER Ordinance Number 2036 is hereby repealed and superseded by the adoption of this ordinance. Section 6.03 PENAL TV 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 10 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. St. 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. Section 6.04 EFFECTIVE DATE 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 Day of ,19 _. .' Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City II