HomeMy WebLinkAboutOrdinance - 2024-O0033 - 2021 International Swimming Pool And Spa Code, Adding Article 28.18 - 03/26/2024First Reading
March 5, 2024
Item No. 6.9
ORDINANCE NO. 2024-00033
Second Reading
March 26, 2024
Item No. 5.40
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK BY ADDING ARTICLE 28.18 WITH REGARD TO ADOPTION OF THE
2021 INTERNATIONAL SWIMMING POOL AND SPA CODE AND PROVIDING FOR
CERTAIN AMENDMENTS THERETO TO MEET LOCAL CONDITIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Lubbock, Texas deems it in the best interest of the
health, safety, and welfare of the citizens of Lubbock to adopt the 2021 International Swimming
Pool And Spa Code for the City of Lubbock with certain amendments thereto to meet local
conditions; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT That the Code of Ordinances, City of Lubbock, Texas, is hereby amended
by adding an article, to be numbered Article 28.18, which said article reads as follows:
ARTICLE 28.18
INTERNATIONAL SWIMMING POOL AND SPA CODE
§ 28.17.001. Adopted.
The 2021 edition of the 2021 International Swimming Pool And Spa Code, as
published by the International Code Council, Inc., as hereinafter amended, is hereby
adopted as the swimming pool and spa code of the City of Lubbock, Texas. A copy of
said code is attached hereto and incorporated herein as though set out herein in detail.
References to the existing building code in this chapter or to "this code" within this
article shall mean and refer to the 2021 edition of the 2021 International Swimming
Pool and Spa Code as amended herein. One copy of the 2021 2021 International
Swimming Pool and Spa Code shall be filed with the city secretary and a copy shall
be maintained in the office of the city building ofiicial. All such copies, with the
amendments thereto, shall be open to public inspection during the usual hours of
business of the offices where they are maintained.
§ 28.17.002. Coordination of administrative provisions.
TABLE 28.18.002
ADMINISTRATIVE PROVISIONS CROSS-REFERENCE
2021 International Refer to Lubbock
Swimming Pool and Spa Code of Ordinances
Code Section Section Heading/Subject Chapter Section
108.6
113.4
114.1
111
112
§ 28.17.003. Amendments.
(a)
Fee refunds
Violation penalties
Stop work orders
Means of appeals
Board of Appeals
28.05.109
28.02.006
28.02.007
2.03.495-2.03.501
2.03.491-2.03.494
Other laws. Section 102.9 is hereby amended to read as follows:
102.9 Other laws. The provisions of this code shall not be deemed to nullify
any provisions of local, state or federal law, to include but not limited to:
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 or
townhouses).
2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas
Accessibility Standards (TAS), TAS provide the scoping and
technical requirements for accessibility for Swimming Pool, wading
pools and spas and shall comply with 2012 TAS, Section 242.(TAS
rules do not apply to pools serving one- and two-family dwellings or
townhouses).
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.
(b)
Violation penalties. Sectionl 13.4 is hereby amended to read as follows:
113.4 Violation penalties. Any person who shall violate a provision of this
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code or shall fail to comply with any of the requirements thereof or who
shall erect, install, alter or repair a pool or spa in violation of the approved
construction documents or directive of the code official, or of a permit or
certificate issued under the provisions of this code may be punishable for
each day of the violation set forth by the authoriry having jurisdiction.
(c) Pools and spas located where floodways have not been desi ng ated. Section
304.2.2 is hereby amended to read as follows:
Section 304.2.2 Pools and spas located where floodways have not been
desi nated. Where pools are located where design flood elevations are
specified but floodways have not been designated, the applicant shall
provide a floodway analysis that demonstrates that the proposed pool will
not increase the design flood elevation more than 1 foot (305 mm) at any
point within the jurisdiction. Such analysis shall also demonstrate
compliance with the Unified Development Code (UDC).
(d) Barrier requirements. Section 305.1 is hereby amended to read as follows:
305.1 General. The provisions of this section shall apply to the design of
barriers for restricting entry into areas having pools and spas. In only one-
and two-family dwellings and townhouses, where spas or hot tubs are
equipped with a lockable safety cover complying with ASTM F1346 and
swimming pools are equipped with a powered safety cover that complies
with ASTM F1346, the areas where those spas, hot tubs or pools are located
shall not be required to comply with Sections 3052 through 305.7.
(e) Chain link fencin�rohibited. A new Section 305.2.7.1 is hereby added,
which shall read as follows:
305.2.7.1 Chain link fencin��rohibited. Chain link fencing is not permitted
as a barrier in public pools built after January l, 1994.
(� Structure wall as a barrier. Section 305.4 is hereby amended to read as
follows:
305.4 Structure wall as a barrier. Where a wall of a dwelling or structure of a
one- and two-family dwelling or townhouse or its accessory structure serves
as part of a banier and where doors or windows provide direct access to the
pool or spa through that wall, one of the following shall be required:
Operable windows having a sill height of less than 48 inches (1219
mm) above the indoor finished floor, doors and gates shall have an
alarm that produces an audible warning when the window, door or
their screens are opened. The alarm shall be listed and labeled as a
water hazard entrance alarm in accordance with UL 2017.
2. In dwellings that are required to be Accessible units, Type A units or
Type B units, the operable parts of the alarm deactivation switches
shall be located not greater than 54 inches (1372 mm) above the
finished floor.
3. In dwellings that are required to be Accessible units, Type A units or
Type B units, the operable parts of the alarm deactivation switches
shall be located not greater than 54 inches (1372 mm) and not less
than 48 inches (1219 mm) above the finished floor.
4. In structures other than dwellings, the operable parts of the alarm
deactivation switches shall be located not greater than 54 inches
(1372 mm) and not less than 48 inches (1220 mm) above the finished
floor.
5. A safery cover that is listed and labeled in accordance with ASTM
F1346 is installed for the pools and spas.
6. An approved means of protection, such as self-closing doors with
self-latching devices, is provided. Such means of protection shall
provide a degree of protection that is not less than the protection
afforded by Item 1 or 2.
(g) Natural barriers. Section 305.6 is hereby amended to read as follows:
305.6 Natural barriers used in a one- and two-family dwelling or townhouse.
In the case where the pool or spa 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 eighteen (18) inches, a barrier is not required between the
natural body of water shoreline and the pool or spa.
(h) Accessibilitv. Section 307.1.4 is hereby amended to read as follows:
307.1.4 Accessibilitv. An accessible route to public pools and spas shall be
provided in accordance with the International Building Code. Accessibility
within public pools and spas shall be provided as required by the accessible
recreational facilities provisions of the International Building Code. Pool
and spa lifts providing an accessible means of entry into the water shall be
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listed and labeled in accordance with UL 60335-2-1000 and be installed in
accordance with ICC A117.1 and NFPA 70.
Exception: Components of projects regulated by and registered with the
Architectural Barriers Division of Texas Department of Licensing and
Regulation shall be deemed to be in compliance with the requirements of
this chapter.
(i) Adjacency to structural foundation. A new Section 307.2.2.2 is hereby
added, which shall read as follows:
307.2.2.2. Adjacency to Structural Foundation. Depth of the swimming pool
and spa shall maintain a ratio of 1:1 from the nearest building foundation or
footing of a retaining wall.
Exception: A sealed engineered design drawing of the proposed new
structure shall be submitted for approval.
(j) Suction entrapment avoidance. Section 310.1 is hereby amended to read as
follows:
310.1 General. Suction entrapment avoidance for pools and spas shall be
provided in accordance with APSP 7(ANSIIPHTA/ICC 7) or for public
swimming pools in accordance with State of Texas Rules for Public
Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule
§265.190.
(k) Water envelopes. Section 402.12 is hereby amended to read as follows:
402.12 Water envelopes. The minimum diving water envelopes shall be in
accordance with Texas department of State Health services, Administrative
Code Title 25, Chapter 265, Section 186 (e) and Figure: 25 TAC 256.186 (e)
(6).
Figure: 25 TAC �2b5.1 R6(e)(C)
Maximum Diving Board
Height Qver W.uer �/a Meter I Meter 3 Meters
Muximum Diving Bourd Lcngth 12 Ct. 16 fi. 16 ft.
Minimum Diving Board Ovcrhang 2 ft. 6 in. S f[. 5 ft.
DI Minimum R Ft. 6 in. I I ft. 2 in. 12 ft. 2 in.
D2 Minimum 9 ft. 10 ft. 10 in. I I ft. l0 in.
ll3 Minimutn 4 f1. 6 R. 6 ft.
LI Minimum 4 ft. 5 ft. 5 ft.
L2 Minimum 12 ft. 16 ft. S in. 19 ft. 9 in.
L3 Minimum 14 ft. 10 in. 13 ft. 2 in. l3 ft. I 1 in.
L4 Minimum 30 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in.
LS Minimum 8 ft. 10 tl. 13 (t.
H Minimum 16 ft. 16 ft. 16 ft.
From Plummet to Pool W:�II at Side 9 ft. 10 ft. I 1 ft. 6 in.
From Plummet to Adjacent Plummet IU ft. 10 ft. lU ft.
N (0�'cnc�ad
Obsuvction or CriliuK)
� : Pt A Pt.
�1' tlin i
II° 11as '� �'� I
R li li I)•p1cn1
'L' G" �lin.
B Pt. C
I)
l i �
�0° 11n.e. 10 ll:u S I ooc
� •- -��- -• -•
L1 L'2 L'3 Typic:�l
I.�
(1)
(m)
(n)
1� 11in I.;
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(i u�.�.,�)
Minimum divin� water envelopes. Table 402.12 is hereby deleted in its
entirety.
Construction dimensions for water envelopes for Class B and Class C pools.
Figure 402.12 is hereby deleted in its entirety.
Tread dimensions and area. Section 411.2.1 is hereby amended to read as
follows:
411.2.1 Tread dimensions and area. Treads shall have a minimum
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unobstructed horizontal depth (i.e., horizontal run) of 12 inches and a
minimum width of 20 inches.
(o) Tread risers. Section 411.2.2 is hereby amended to read as follows:
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.
(p) Swimouts. Section 411.5.1 is hereby amended to read as follows:
411.5.1 Swimouts. Swimouts, located in either the deep or shallow area of a
pool, shall comply with all of the following:
1. The horizontal surface shall be not greater than 20 inches (508 mm)
below the waterline.
2. An unobstructed surface shall be provided that is equal to or greater
than that required for the top tread of the pool stairs in accordance
with Section 411.2.
3. Where used as an entry and exit access, swimouts shall be provided
with steps that comply with the pool stair requirements of Section
411.2.
4. The leading edge shall be visibly set apart and 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.
(q) Underwater seats and benches. Section 411.5.2 is hereby amended to read as
follows:
411.5.2 Underwater seats and benches. Underwater seats and benches,
whether used alone or in conjunction with pool stairs, shall comply with all
of the following:
The horizontal surface shall be not greater than 20 inches (508mm)
below the waterline.
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An unobstructed surface shall be provided that is not less than 10
inches (254 mm) in depth and not less than 24 inches (607 mm) in
width.
Underwater seats and benches shall not be used as the required entry
and exit access.
4. Where underwater seats are located in the deep area of the pool
where manufactured or constructed diving equipment is installed,
such seats shall be located outside of the minimum diving water
envelope for diving equipment.
The leading edge shall be visually set apart and 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.
6. The horizontal surface shall be at or below the waterline.
7. A tanning ledge or sun shelf used as the required entry and exit
access shall be located not greater than 12 inches (305 mm) below
the waterline.
(r) Uniform hei�ht of 10 inches. Section 610.5.1 is hereby amended to read as
follows:
610.5.1 Uniform height of 10 inches. Except for the bottom riser, risers at
the centerline shall have a maximum uniform height of 10 inches (254 mm).
The bottom riser height shall be permitted to vary from the other risers.
(s) Diving water envelopes. Section 804.1 is hereby amended to read as follows:
Section 804.1 General. The minimum diving water envelopes shall be in
accordance with Table 804.1 and Figure 804.1, or the manufacturer's
specifications, whichever is greater. Negative construction tolerances shall
not be applied to the dimensions of the minimum diving water envelopes
given in Table 804.1.
SECTION 2. THAT 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, Texas.
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SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance
be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not
be affected thereby.
SECTION 4. THAT pursuant to Section 214.218 of the Texas Local Government Code, this
Ordinance shall not be implemented or enforced until after the 30th day after the date of final
adoption.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on �__ March 5, 2024
Passed by the City Council on second reading on March 26, 2024
TRAY PAYNE, M�YOR
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
bert Wallace, Director of Development Services
APPROVED AS TO FORM:
� , F
A ' s, Deput Attorney
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