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HomeMy WebLinkAboutOrdinance - 2001-O0085 - Amendinfg Chapter 12 Code Of Ordinances Stadards For Swimming Pools - 10/25/2001First Reading October 25, 2001 Item No. 14 Second Reading November 8, 2001 Item No. 17 ORDINANCE NO. 2001-00085 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTION OF STANDARDS FOR PUBLIC SWIMMING POOLS AND SPAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, THE City Council of the City of Lubbock finds that it is in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to regulate the construction and operation of public and semi-public swimming, spray, wading and spa pools within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 12-46 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: Sec. 12-46. Definitions. For the purpose of this article, the following definitions shall apply: Construct means to build or install a new pool or spa or to make major alterations or modifications of any existing pool or spa or associated facilities. Cross connection means a physical connection between two (2) otherwise separate piping systems, one of which contains potable water, and the other sewage or water of unknown quality, through which water may flow from one system to the other with the direction of flow depending upon the pressure differential between the two (2) systems. Fill and draw pool means a pool whose principal means of cleansing is the complete removal of the used water and the replacement thereof with clean water. Health official means the city health officer or a designated representative. Major alteration means renovation or alterations to a pool or spa with an expected cost exceeding five-thousand dollars ($5,000.00). Operate means to conduct, maintain, or otherwise furnish facilities and appurtenances for swimming, bathing, or wading at any public or semi-public pool or spa. Residential pool or spa means a pool or spa that is located on private property under control of the property owner and intended for use by not more than two resident families and their guests. Pool means any man-made permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing and having a depth of at least eighteen (18) inches at any point, other than a single or double family ( duplex) residential pool, which 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. Pools may be diving or non-diving. If diving, they shall be further classified into types indicating the suitability for use with diving equipment. The term does not include a decorative fountain, which is not used as a wading or swimming pool. References within the standard to various types of pools are defined by the following categories: (A) 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 High School Associations (NFSHSA), events. A "Class A" pool may also be used for recreation. (B) Class B pool Any pool used for public recreation and open to the general public with or without a fee. (C) Class C pool Any pool, operated for and in conjunction with lodgings such as hotels, motels, apartments, condominiums, mobile home parks, property owners associations, clubs, etc. or a school, college or university while being operated for academic or continuing education classes or clubs or practice events (excluding competition events as per subparagraph (A) of this paragraph). 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. (D) Class D pool-A splashier pool with a maximum water depth of thirty-six (36) inches at any point or wading pool with a maximum depth of two (2) feet at any point (E) Class E pool A special purpose pool such as wave or surface action pools, catch pools, leisure rivers, interactive play attractions, vortex pools, and other such pools used primarily for aquatic attractions. (F) Type VI pool A pool suitable for the installation of diving equipment up to 2/3 meter above the water. (G) Type VII pool A pool suitable for the installation of diving equipment up to ¾ of a meter above the water. (H) Type VIII pool A pool suitable for the installation of diving equipment up to one (1) meter above the water. (I) Type IX pool - A pool suitable for the installation of diving equipment up to three (3) meters above the water. Spa means a constructed permanent or portable structure that is two (2) feet or more in depth and that has a surface area of two hundred fifty (250) square feet or less and a volume of 3250 gallons or less which is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool", "whirlpool", "hot spa", "hot tub", etc. Spa regulation hereunder does not include the use of such units at licensed medical health care facilities, hospitals, nursing homes, and clinics. SECTION 2. THAT Section 12-47 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 12-47. Adoption of standards for public swimming pools and spas. The Texas Department of Health Standards for Public Swimming Pool and Spa, prepared by the Texas Department of Health and recommended to the City Cow1cil by the city health board on the 10th day of August, 2001, are hereby approved and incorporated into this article by reference and the construction and operation of public and semi-public 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 Ordinance No.2001--<Xm5 by the City secretary and a copy shall be maintained in the office of the city health department, which copies shall be made available for public inspection during the normal business hours of the offices in which they are maintained. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) as provided by Section 1-4 of the City Code of Ordinances. SECTION 4. 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. SECTION 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 25thday of October , 2001. Passed by the City Council on second reading this 8th day of November , 2001. ATTEST: Rebecca Graza, City Secretary APPROVED AS TO CONTENT: ,d1/1✓4'v:J Tommy men Public Health Manager L:\Cityatt\Amy\Pool.ord & ccdocs October 9, 2001 ~(/wt WIND~ON, MAYOR Ordinance No. 2001-00085 TOH Standards for Public Swimming Pools and Spas August, 2001 • The current swimming pool and spa ordinance was written in 1986, over 15 years ago. • Safety standards, particularly those pertaining to entrapment hazards, have become more strict in recent years. The 1999 TOH code addresses those standards. • Major changes include: • Classification of pools according to their use (Class A, B, C, D, and E) (Page 8) • Maximum load limits based on water depth (Page 13) • Disability access requirements (Page 17) • Entrapment hazard avoidance measures, including upgrading suction outlet systems within two years (Page 25) • Thermometer requirements for spas (Page 29) • Fill-spout requirements (Page 30) • Training for pool operators in hazard communication (Page 31) • Gas chlorination restrictions and training (Page 32) • "No Diving" signs required (Page 35) • Pool safety equipment (Page 37) • Certified Operator requirements (Page 41) • Testing frequency (Page 45) • Spa deck depth marker requirements (Page 47) • Plan for Education: • Lubbock Apartment Association has already implemented these rules. • Annual Pool school held in March or April • Flyers included with permit applications • Presentations to interested pool facilities EDUCATION Ordinance No. 2001-00085 Adoption of TOH Rules for Swimming Pools and Spas Timeline for Education and Implementation October 2001 -Presentation of new pool rules to City Council for adoption (two readings) October 2001 through March 2002 -mailouts, public presentations of new pool code to pool operators in Lubbock April 2002 -City of Lubbock's annual pool school (special presentation on new code) IMPLEMENTATION October 2001 -Adoption of new ordinance by City Council October 2001 through March 2002 -Advisory period of education April 2002 -Swimming season begins, permits are renewed. October 2002 -Existing pools and spas with outlets in water less than 5 feet deep must have a notarized plan to upgrade suction system. October 2003 -Existing pools and spas with suction outlets in water more than 5 feet deep must have a notarized plan to upgrade suction system. October 2003 -Existing pools and spas with suction outlets in water less than 5 feet deep must have completed renovations to upgrade suction system. October 2004 -Existing pools and spas with suction outlets in water more than 5 feet deep must have completed renovations to upgrade suction system.