HomeMy WebLinkAboutOrdinance - 2011-O0018 - AMENDMENT TO CHAPTER 12 HEALTH & SANITATION - 02/10/2011First Reading Second Reading
February 10, 2011 February 24, 2011
Item No. 5.32 Item No. 5.24
ORDINANCE NO. 2011-0 0018
AN ORDINANCE AMENDING CHAPTER 12 (HEALTH AND SANITATION)
OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH
REGARD TO REPEALING OUTDATED AND UNNECESSARY PROVISIONS,
AMENDING PROVISIONS TO ENCOMPASS CURRENT PRACTICES, AND
CONFORMING THE ORDINANCE TO THE STANDARDS AND CONVENTIONS
OF THE REST OF THE CODE OF ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 12 (Health and Sanitation) of the Code of Ordinances of the City
of Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Article 12.02 of the Code of Ordinances, City of Lubbock,
Texas is hereby retitled as follows: SWIMMING, SPRAY, WADING AND SPA
POOLS, AND PUBLIC INTERACTIVE WATER FEATURES AND FOUNTAINS.
SECTION 2. THAT, the Definition of "Approved cover or approved drain
cover" set forth in Section 12.02.001 is hereby amended to read as follows:
.proved cover or apjnroved drain cover. A suction outlet drain cover that meets
the following requirements:
(1) Is stamped showing that it has been certified by a nationally
recognized testing laboratory as being in compliance with
ASME/ANSI A112.19.8-2007;
(2) Is stamped showing the gallons per minute approved by the testing
laboratory for the cover and the designation ASME/ANSI
Al 12.19.8-2007;
(3) Does not have water flow through the cover that exceeds the
maximum gallons per minute approved for the drain cover under
ASME/ANSI Al 12.19.9-2007 testing; and
(4) Is installed according to manufacturer's instructions. If the
manufacturer specifies fasteners, they must be stainless steel or
brass.
SECTION 3. THAT, the Definition of "Approved grate" set forth in Section
12.02.001 is hereby amended to read as follows:
Approved grate. A suction outlet grate that:
(1) Has a minimum diagonal measurement of 29 inches;
(2) Has a flow velocity through the open area that does not exceed 1.5
feet per second; and
(3) Is installed according to manufacturer's instructions. If the
manufacturer specifies fasteners, they must be stainless steel or
brass.
SECTION 4. THAT, the Definition of "Pool" set forth in Section 12.02.001 is
hereby amended to read as follows:
Pool. Any manmade permanently installed or nonportable structure, basin,
chamber, or tank containing an artificial body of water that is used for swimming,
diving, aquatic sports, or other aquatic activity, other than a residential pool, and
that is operated by an owner, lessee, operator, licensee or concessionaire,
regardless of whether a fee is charged for use. The pool may be either publicly or
privately owned. The term does not include a spa or a decorative fountain that is
not used as a pool. The term does not include a portable or aboveground pool.
References within the standard to various types of pools are defined by the
following categories:
(1) Class A pool. Any pool used, with or without a fee, for accredited
competitive aquatic events such as Federation Internationale de
Natation Amateur (FINA), United States Swimming, United States
Diving, National Collegiate Athletic Association (NCAA),
National Federation of State High School Associations (NFSHSA),
events. A class A pool may also be used for recreation.
(2) Class B pool. Any pool used for public recreation and open to the
general public with or without a fee.
(3) Class C pool. Any pool operated for and in conjunction with: (i)
lodging such as hotels, motels, apartments, condominiums, or
mobile home parks; (ii) property owner associations, private
organizations, or clubs; or (iii) a school, college or university while
being operated for academic or continuing education classes. The
use of such a pool would be open to occupants, members or
students, etc., and their guests but not open to the general public.
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(4) Class D pool. A wading pool with a maximum water depth of 24
inches at any point.
SECTION 5. THAT, the Definitions set forth in Section 12.02.001 are hereby
amended to include the following:
Public Interactive Water Feature and Fountain (PIWF). Any indoor or outdoor
installation maintained for public recreation that includes water sprays, dancing
water jets, waterfalls, dumping buckets, or shooting water cannons in various
arrays for the purpose of wetting the persons playing in the spray streams.
PIWFs:
(1) may be stand-alone PIWFs or may share a water supply,
disinfection system, filtration system, circulation system, or other
treatment system that allows water to co -mingle with a pool;
(2) may be publicly or privately owned;
(3) may be operated by an owner, lessee, operator, licensee, or
concessionaire, regardless of whether a fee is charged for use;
(4) include, but are not limited to, interactive water features or
fountains that are open exclusively to members of an organization
and their guests, residents of a multi -unit apartment building or
apartment complex, residential real estate development, or other
multi -family residential area, schools, day care facilities, youth
camp, or hotel or other public accommodations facility;
(5) do not include interactive water features or fountains located on
private property under the control of the property owner or the
owner's tenant serving a single-family residence or duplex and that
are intended for use by not more than two resident families and
their guests; and
(6) are not fountains, installations, amusement rides, or other
attractions, whether decorative or interactive, in which only
incidental water contact occurs.
SECTION 6. THAT, the Definitions set forth in Section 12.02.001 are hereby
amended to include the following:
Public Pool. Any swimming, spray, wading or spa pool or PIWF used for public
recreation and open to the general public with or without a fee.
SECTION 7. THAT, the Definitions set forth in Section 12.02.001 are hereby
amended to include the following:
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Semi -Public Pool. Any swimming, spray, wading or spa pool or PIWF
operated for and in conjunction with: (i) lodging such as hotels, motels,
apartments, condominiums, or mobile home parks; (ii) property owner
associations, private organizations, or clubs; or (iii) a school, college or university
while being operated for academic or continuing education classes. The use of
such a swimming, spray, wading or spa pool or PIWF would be open to
occupants, members or students, etc., and their guests but not open to the general
public.
SECTION 8. THAT, Section 12.02.002 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
See. 12.02.002 Adoption of standards for public swimming pools and
spas
The Texas Department of State Health Services Standards for Public Swimming
Pool and Spa, prepared by the Texas Department of Stale Health Services and
recommended to the city council by the city health board on August 12, 2005, are
hereby approved and incorporated into this article by reference, and the
construction and operation of public and semipublic swimming, spray, wading
and spa pools within the city shall be governed by such rules. A copy of such
rules shall be placed on file with the city secretary and a copy shall be maintained
in the office of the city health official, which copies shall be made available for
public inspection during the normal business hours of the offices in which they
are maintained.
SECTION 9. THAT, Section 12.02..003 of the Code of Ordinances, City of
Lubbock, Texas is hereby renumbered as Section 12.02.010, reserving Section 12.02.003.
SECTION 10. THAT, Section 12.02,003 of the Code of Ordinances, City of
Lubbock, Texas, is hereby adopted to read as follows:
See.12.02.003 Adoption of standards for public interactive water
features and fountains
The Texas Department of State Health Services Standards for Public Interactive
Water Features and Fountains, prepared by the Texas Department of State Health
Services, are hereby approved and incorporated into this article by reference, and
the construction and operation of public interactive water features and fountains
within the city shall be governed by such mles. A copy of such rules shall be
placed on file with the city secretary and a copy shall be maintained in the office
of the city health official, which copies shall be made available for inspection
during the normal business hours of the offices in which they are maintained.
SECTION 11. THAT, Section 12.02.004 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec.12.02.004 Construction permits
Before construction is started on any swimming, spray, wading or spa pool, or
PIWF, or upon a major modification of such pool, the operator shall secure a
permit from the building official and shall comply with all zoning, building,
plumbing, electric and life safety codes applicable within the City of Lubbock.
SECTION 12. THAT, Section 12.02.005 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12.02.005 Operating permit for public or semipublic pools
No public or semipublic swimming, spray, wading, spa pool or PIWF shall be
maintained or operated within the city without a valid permit issued by the health
official or in violation of the provisions and requirements of this article. Permits
shall be displayed in a conspicuous place within the premises, protected from the
weather and in a position readily observable by patrons. All such permits shall
expire on April 30th of each year, and the permit fee shall be delinquent after that
time, regardless of the dates of operation of such pool. An additional fee shall be
charged for a delinquent permit fee. The fees for permits shall be as set by the
finance director of the city in accordance with section 1.03.004 of this code. An
operating permit shall not be transferable from person to person and shall apply
only to the pool, spa, or PIWF for which it was issued.
SECTION 13. THAT, Section 12.02.006 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended and renumbered to read as follows:
Sec. 12.02.011 Permit suspension or revocation
Should the health official determine that a hazard to public health exists at any
swimming, spray, wading, spa pool, or PIWF he may immediately suspend the
permit for such pool, and the operator shall immediately cease operations in
compliance with such order. Thereafter, the operator may in writing request a
hearing before the health official to show cause why such suspension should be
removed. The health official shall conduct such hearing within five (5) days of the
receipt of such written request. The health official shall within five (5) days of
such hearing either grant or deny the request for removal of suspension. If the
request is denied, the statement of denial shall be in writing and give the reasons
for such denial. If the operator fails to request a hearing within thirty (30) days of
the date of suspension, then the applicable permit may be revoked by the health
official.
SECTION 14. THAT, Section 12.02.007 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended and renumbered to read as follows:
Sec. 12.02.006 Inspections
The health official shall make such inspections as are deemed necessary to
determine that the installation and facilities of all swimming, spray, wading, spa
pools, or PIWFs comply with the requirements of this article before issuing a
permit for such pools. In addition, the health official may make such additional
inspections as are necessary to ensure that such pools are being properly operated
and maintained and are not a threat to public health.
SECTION 15. THAT, Section 12.02.008 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended and renumbered to read as follows:
Sec. 12.02.007 Plans and specifications
(a) No public or semipublic swimming, spray, wading, spa pool, or PIWF
shall be constructed, nor shall any major alteration or addition to any such
pool be made, until detailed plans and specifications for such construction
or alteration have been submitted to be approved by the health official.
Plans and specifications shall include layout, construction and dimensions,
pool water treatment units, sewage disposal facilities, piping and pumps,
design criteria, including maximum pool load, capacities of various units,
safety equipment, bath houses, toilet facilities and any other pool
appurtenances, such as recreational facilities.
(b) All pools, spas, and PIWFs must have properly stamped engineered plans
from a registered professional engineer or registered architect showing
that the pool or spa is designed and built in compliance with the City of
Lubbock, Texas Standards for Pools and Spas and/or the Standards for
Public Interactive Water Features and Fountains , and any other applicable
federal, state, and/or local regulatory requirements. The department shall
review plans for post 10/01/99 pools, spas, or PIWFs in order to ensure
compliance regarding enforcement issues. Such review is required prior to
issuance of a permit.
SECTION 16. THAT, Section 12.02.009 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended and renumbered to read as follows:
Sec. 12.02.008 Fill and draw pools prohibited
The construction of fill and draw pools is prohibited within the City of Lubbock,
and no permit will be issued for such pools.
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SECTION 17. THAT, Section 12.02.010 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended and renumbered to read as follows:
Sec.12.02.009 Nuisance
All pools, spas, or PIWFs, whether in use or not in use, must be maintained so
that they do not create a public health hazard or a public nuisance.
SECTION 18. THAT, the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding a section, to be numbered 12.02.012, which said section reads as
follows:
Sec.12.02.012 Appeals
Revocations, suspensions and denials of a permit under this article may be
appealed to the permit and license appeal board in accordance with applicable
provisions of this code.
SECTION 19. THAT, Section 12.03.001 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
Sec. 12.03.001 Cooperation with the State
It is the policy of the city, to the extent possible under applicable laws and
ordinances and within budgetary limitations, for the officials, agents and
employees of the city to cooperate with the Texas Commission on Environmental
Quality in the air pollution control work of the State.
SECTION 20. THAT, Sections 12.03.031 of the Code of Ordinances, City of
Lubbock, Texas is hereby repealed.
SECTION 21. THAT, Sections 12.03.032 of the Code of Ordinances, City of
Lubbock, Texas is hereby repealed.
SECTION 22. THAT, Article 12.03 of the Code of Ordinances, City of Lubbock,
Texas shall no longer be divided into separately numbered Divisions.
SECTION 23. THAT, Article 12.05 of the Code of Ordinances, City of Lubbock,
Texas, is hereby repealed.
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SECTION 24. THAT the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding an Article, to be numbered 12.05, which said Article reads as
follows:
ARTICLE 12.05 TEMPORARY TOILET FACILITIES
Sec.12.05.001 Definitions
For the purpose of this article, the following definitions shall apply:
Chemical Toilet. A toilet structure equipped with a watertight, impervious
container which reserves waste discharged through a hopper, seat, urinal, or
similar device and into which container disinfecting and deodorizing chemicals
are placed.
Water flush toilet. A toilet meeting the requirements of the Lubbock plumbing
ordinance for material and workmanship installed for the period of construction or
assembly and connected with the sanitary sewer or an approved septic tank.
Sec.12.05.002 Temporary Toilet Facilities at Construction Sites
No person shall initiate or proceed with a construction, erection, alteration, repair,
or razing project without first providing an adequate number of suitable sanitary
toilet facilities for the use of employees working on the project, if such project has
three (3) or more employees on the job at any time. Such toilet facilities shall be
of the water -flushed or chemical type, located on or within two hundred (200) feet
of the site of the project.
The use of off -site toilet facilities is permitted providing the holder of the building
permit has secured written permission for such use from the owner of the toilets
and providing further that employees on the project are permitted free and
reasonable use of the facilities during working hours.
Sec.12.05.003 Temporary Toilets at all Public Gatherings
At any public gathering for any commercial, religious, or public event where
adequate toilet facilities are not provided on the immediate premises, suitable
approved temporary sanitary toilet facilities of the water -flushed or chemical type,
adequate for the estimated attendance, shall be located within two hundred (200)
feet of such gathering. One toilet for each fifty persons present (segregated
according to gender) shall be provided.
Sec.12.05.004 Standards and Requirements
(1) No chemical toilet shall be installed within twenty (20) feet of occupied
premises nor within ten (10) feet of a public thoroughfare or sidewalk,
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unless authorized by the health officer. Toilet facilities shall be of sanitary
construction and shall be maintained in a clean and sanitary condition by
their owner. Toilet paper shall be available at all times.
(2) In chemical toilets, seats shall be installed to ensure that wastes drop
unimpeded into a receiving tank. The receiving tank shall be made of
impervious, corrosion -resistant material with an easily accessible opening
for cleaning. The tank and bowl shall be ventilated by means of a
screened pipe at least four (4) inches in diameter, which shall extend to
outside air.
(3) The receiving tank shall be charged with an adequate amount of sanitizing
and deodorizing chemical, properly diluted with water, and be capable of
reducing and liquefying wastes and preventing offensive odors. The
chemical shall be renewed or the contents of the tank removed as often as
necessary to maintain a sanitary condition. All surfaces which come into
contact with human skin shall be cleaned and sanitized as often as
necessary to maintain a sanitary condition.
(4) Every chemical toilet structure shall have painted thereon in clear letters
the name and telephone number of the owners.
Sec.12.05.005 Penalty
Any person found to be violating any provision of this article shall be served by
the health official with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction thereof. Any
person failing to correct such violation within the time specified in the written
notice, or within such extended period of time as may be granted by the health
official, shall be deemed to be maintaining a public nuisance, and shall be guilty
of a misdemeanor punishable by a fine not exceeding one thousand dollars
($1,000.00)
Sec.12.05.006 Appeal
Persons aggrieved by an action or decision of the health official may appeal such
action or decision to the permit and license appeal board.
SECTION 25. THAT, unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 26. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
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SECTION 27. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 28. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this loth day of February. 20i i.
Passed by the City Council on second reading this 24th day of February 2011.
ATTEST:
Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
TOM MARTIN, Mayor
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