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OR 97-792 Swimming pool & spa operation & maintenance AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 97792 AN ORDINANCE OF THE CITY OF COPPELL TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS TO ADD ARTICLF, 9-18, SWIMMING POOL AND SPA OPERATION AND MAINTENANCE REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR PERMITS AND FEES; PROVIDING FOR INSPECTIONS; PROVIDING FOR CONSTRUCTION, WATER QUALITY AND MAINTENANCE STANDARDS; PROVIDING SAFETY PROVISIONS; PROVIDING FOR SUSPENSION AND REVOCATION OF PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF TFIF. CITY OF COPPEIJ,~ TEXAS: SECTION 1. That Chapter 9 of the Code of Ordinances of the City of Coppell, Texas be and the same is hereby amended in part to add Article 9-18 to provide regulations for Swimming Pools and Spas to read as follows: "ARTICLE 9-18 SWIMMING POOL AND SPA OPERATION AND MAINTENANCE REGULATIONS Sec. 9-18-1 DEFINITIONS As used in this article, the following words and phrases shall have the meanings respectively ascribed to them unless the context indicates otherwise. Health Authority - shall mean the Health Official of the City designated by the City Manager to enforce and administer this Article, or that Official' s designee. Fecal Coilform - shall mean bacteria, through lab analysis, that are indicative offecal pollution. Person - shall mean an individual, firm, partnership, association, corporation, company or organization, or similar entity. SS7226 1 Swimming Pool - shall mean any structure, basin, chamber, or tank containing an artificial body of water for swimming diving physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. Spa - shall mean a facility designed for recreational and therapeutic use, and which is not drained, cleaned or refilled after each individual use. A spa is used in conjunction with high velocity air and/or high velocity water recirculation systems, utilizing hot, cold, or ambient temperature water, including jacuzzis, hot tubs and whirlpools. Public Pool or Spa - shall mean any swimming pool or spa other than a semi- public pool or spa or a private residential pool or spa which is open to the general public. Semi-Public Pool or Spa - shall mean any swimming pool or spa which is privately owned and open only to an identifiable class of persons, including but not limited to motel guests, apartment residents, and dub members. Private Residential Pool or Spa - shah mean any swimming pool or spa appurtenant to single family or duplex residence and used only by the occupants of the residence and their guests. Residual Chlorine - shah mean the amount of measurable chlorine remaining in water following chiorination. Free Residual Chlorine - shah mean the amount of chlorine which is available to inactivate microorganisms. This is the chlorine that remains uncombined with nitrogenous compounds after the initial chlorine demand of the water has been satisfied. Combined Residual Chlorine - C'chioramine") shah mean the amount of chlorine which has reacted with ammonia and other nitrogenous material to form chloroammonia compounds. Sec. 9-18-2 PERMIT REQUIRED Any person desiring to operate a public or semi-public pool or spa in the City shall make written application for an annual permit from the Health Authority on a form provided by the City. The application shah be accompanied by a non-refundable annual permit fee established by resolution of the City Council from time to time; and no permit hereunder shah be issued until such fee has been paid by the applicant. A new application and permit is required for any pool that is extensively remodeled or in the event of a change of ownership. S87226 2 B. No person shall operate a public or semi-public pool or spa in the City without first having obtainexl a valid annual Swimming Pool Permit issue~l by the City C. A separate permit is required for each public or semi-public pool or spa operated on the same premises. D. Permits shall be displayed in public view, and shall be available for inspection by the Health Authority. E. Permits are non-transferable. A Permit is limited to the location and to the applicant for which issued. F. A Permit shall expire one year fi'om the date of issuance unless earlier revoked or suspended. G. Any public or semi-public pool or spa operated by a governmental agency, political subdivision or church shall be exempt ~om the permit fee. Sec. 9-18-3 INSPECTIONS The Health Authority may inspect a public or semi-public pool or spa at any reasonable time and shall have the authority to enter upon the premises where any public or semi-public pool or spa is located to conduct inspections to determine compliance with this Article. The Health Authority shall have the authority to examine the records pertinent to the operation of said spa or pool, and shall have the authority to collect water samples for purposes of determining water quality. Inspections shall be conducted monthly or as often as necessary for enforcement of this Article. Sec. 9-184 DESIGN STANDARDS All public or semi-public pools or spas constructed within the City of Coppell shall conform to the current adopted design standards of the Texas State Board of Health for Public Swimming Pool Construction however, where such standards are less restrictive than the standards of this article or any other provision of the Code of Ordinances, the more restrictive provisions will govern. In addition to the plans and specifications, an engineering report must be submitted to the Health Authority prior to construction. The engineering report must include: 1. Maximum number of swimmers and non-swimmers expected daily. 2. The method of water treatment to be adopted and a description of each unit in the system. SS7226 3 3. The method of dis.refection, the quantity per million parts of water and the method of application. See. 9-18-5 MAINTENANCE AND OPERATION A. The owner and operator of a public or semi-public swimming pool or spa are responsible for the compliance with this Article relating to maintenance, operation and safety of swimmers. It shall be unlawful for the owner, or operator to cause or permit violation of this Article. B. All public and semi-public pools or spas shall be chemically treated and maintained in accordance with the following standards. (1.) Every pool shall maintain a dis'refection concentration offi'ee available chlorine residual of at least 1.0 parts per million and not greater than 5.0 parts per million. Every spa shall maintain a disinfection concentration of flee available chlorine residual of at least 2.0 parts per million. Use of any disinfectant other than chlorine must be approved by the Health Authority. Chlorine levels shall be tested and recorded at least three times per day. (2.) Cyanudc Acid (Stabilizer) Cyanuric Acid or Chiorinated Isocyanurate, if used, shall never exceed 100 parts per million, in any pool or spa. Cyanudc acid or chlorinated isocyanurate shall be tested and recorded at least once a week. (3.) Pool and spa water shall be maintained with a pH of not less than 7.2 and not more than 8.0. The total alkalinity of the pool water shall be at least 50 parts per million. The pH levels shall be tested and recorded daily. Total alkalinity shall be tested and recorded at least once a week. (4.) No water sample shall show a confirmed positive test for fecal coliform or human pathogenic bacteria. (5.) Pool water must be maintained with clarity sufficient to permit a distinct view of the main drain, or a six inch turbidity disk placed at the deepest portion of a pool or spa, fi'om outside the pool. (6.) Every pool or spa shall be kept flee of scum, sed'unent, dirt, slime, algae and all other foreign matter. (7.) The recirculation and filtration systems of a public or semi-public pool or spa shall be in operation and properly maintained at all times. All pumps, filters, disinfectant and chemical feeders, drains, ladders, S87226 4 lighting, ropes and appurtenant equipment used in the operation of the pool shall be maintained in a good state of repair. (8.) Any public or semi-public pool or spa, shall be maintained in a condition so as not to ereate a public health or safety baTard or a nuisance to the general public. Any time a public or semi-public pool or spa is uncovered and contains any amount of water, the operator must: maintain water clarity so that all parts of the bottom can be seen and prevent harborage or breeding places for insects or rodents. (9.) Every pool shall have at least one continuous disinfecting system that is capable of maintaining the minimum ~ee available chlorine of 1.0 parts per million. No chemicals in concentrated form shall be added manually except under special or emergency conditions. (10.) Pools shall not have a turnover rate that exceeds a six (6) hour period. Spas shall not have a turnover rate that exceeds a thirty (30) minute period. (11.) Pools and spas shall have operational flow meters installed on the discharge side of the pump. This meter shall measure flow rate in gallons per minute and shall be kept in good repair. (12.) Filter backwash or any other water drained from a pool or spa shall be discharged into the sanitapj sewer system. (13.) Water introduced into the pool or spa shall be sopplied through an approved air gap. Any other method of introducing water into the pool system must comply with the City Plumbing Code. (14.) An air gap or anti-siphon device shall be installed on any pipe or hose bib leading to the pool or spa. (15.) All chemicals used in swimming pool water treatment shall be stored in their original container in a cool, dry and well ventilated place, out of accessibility to children. The use of chlorine gas in a public or semi~ public pool or spa is prohibited. (16.) Areas surrounding a public or semi-public pool, including bathhouses, dressing rooms, toilets, shower stalls, and lounging areas shall be kept clean and maintained in a state of good repair at all times. Soap dispensers, sanitary towels and trash receptacles shall be provided at the lavatories. Hot water shall be available in showers and at lavatories. 8S7226 5 (17.) The operator shall provide and maintain a test kit capable of detecting disinfectant residual by the DPD method (dimethyl-p- phenylenediamine), and a test kit for measurement of pH. Test kits must also be available for the measurement of total alkalinity. (18.) All recorded information required under this section shall be maintained and made available to the Health Authority upon request. Sec. 9-18-6 PR1VATE RESIDENTIAL POOL/SPA DISCHARGE The filter backwash or any other water drained from a private residential pool or spa shall be discharged into the sanitary sewer system. See. 9-18-7 SAFETY PROVISIONS Anytime a public or semi-public pool or spa is open or otherwise available for use, the following safety equipment shall be readily available and in good working condition and the following conditions shall apply. (1) A sign should be posted at all public and semipublic spas containing the following warnings: 1. Pregnant women; small children; elderly persons; and persons suffering from heart disease; diabetes; or high or low blood pressure should not enter the spa without prior medical consultation and permission from their doctor. 2. Do not use the spa while under the influence of alcohol, tranquilizers, or other drugs that cause drowsiness. 3. Do not use if water temperature is greater than 104°F. 4. Do not use alone. 5. Observe reasonable time limits of 10-15 minutes, then leave the water to cool down before returning to the spa. Overexposure to hot water may cause nausea, diT~iness, and fainting. 6. Enter and exit slowly. 7. Keep breakable objects out of the spa area. 8. Never use electrical appliances (telephone, radios, TV, etc.) within five feet (5") of the spa. SS7~226 6 (2.) All public pools, excluding spas, shall be attended by at least one (1) lifeguard during all hours of operation. Semi-public pools where no lifeguard service is provided, must post in plain view warning signs with legible letters at least four (4) inches in height, at each entrance of the pool, which state, "No LifeGuard on Duty" and "Children Should Not Use Pool Without An Adult in Attendance." (3.) A life pole or shepherd' s crook pole of sufficient length to reach every part of the pool or, (4.) A ring buoy, not more than fifteen (15) inches in diameter, with an attached rope of sufficient length to reach all parts of the pool. (5.) A guard line rope with buoyant floats separating the shallow portion of the pool from the deep portion of the pool at the transition point. (6.) At least one unit of safety equipment (consisting of 2 and 3 above) shall be provided for each 2,000 sq. ft. of water surface area of swimming pool. (7.) All pool and spa drains shall be covered with an anti-vortex drain cover, if commercially available for the size of the drain(s) in question. (8.) Water Temperature - Water in any heated pool or spa shall never exceed IlM°F. A thermometer shall be available to any heated pool or spa which measures temperatures in the range of at least 90°-l10°F in increments distinguishable to 2°F. Water temperature controls shall not be accessible to pool or spa patrons. Temperature of heated pools and/or spas shall be checked at opening and the temperature in spas shall be checked every two (2) hours while the spa is in use. All temperature measurements shall be recorded. (9.) All pools shall have surrounding it, an enclosure with self-latching and self- dosing gates as defined by the City Building Code. (10.) Depth markings must be visible on both the deck and on the inner walls of the pool Markers shall be required at one-foot depth intervals but not more than twenty (20) feet apart around the area of the swimming pool which has a water depth of five (5) feet or less; (11 .) Diving shall not be allowed in water five (5) feet or less in depth and it shall be stated so by a sign painted on the deck; (12.) In water depths greater than five (5) feet, depth markers shall be set at intervals of every two depth feet and at the maximum depth point; and SS7226 7 (13.) All marking and sign letters and numerals shall be at least four (4) inches in height and permanently applied using contrasting color. Lettering shall spell out "Feet" or "Inches" or be abbreviated as "Ft." or "In.". (14.) A first aid kit shall be provided and maintained. (15.) A sign listing the pool rules shall be posted in view of swimmers and persons entering the pool enclosure. In addition, the sign must include emergency telephone numbers. An emergency telephone shall be available in the pool area at all times. Existing public or semi-public pools or spas shall be made to comply with (7.), (10.) and (11 .) above on or before October 1, 1997. Sex. 9-18-8 REGULATIONS IN POOL AREA A. It shall be unlawful and an offense for any person: (1 .) To allow 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 spa. (2.) Who has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, or communicable disease to swim in a public or semi- public pool or spa. (3.) To alter or remove safety equipment tiom any public or semi-pubfic pool or spa, except in an emergency. (4.) To carry glass within a public or semi-public pool or spa area or enclosure (except for eyeglasses). SS7226 8 Sec. 9-18-9 PERMIT SUSPENSION A. The Health Authority may suspend a permit to operate a public or semi-public pool or spa for any violation of this Article. B. Permit suspension shall continue unfd cause of suspension is corrected. The Health Authority shall post signs at the pool or spa entrance stating that the pool or spa is closed by authority of the Health Department. Said signs shall remain posted until removed by the Health Authority. C. Upon denial or suspension of a permit, the Health Authority shall notify the applicant or permit holder, as the case may be, of the decision and reasons therefore and of the right to appeal. D. An applicant or permit holder may appeal the decision of the Health Authority to the City Manager, by filing with the City Manager, a written request for a heating within ten (10) days after the receipt of notice of denial or suspension. If a request for a heating is not filed within ten (10) days, the action of the Health Authority is final. SECTION 2. That should any word, phrase, paragraphs, section or portion of this ordinance, or the Code of Ordinances, as hereby amended, be held to be void or unconstitutional, the same shah not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as hereby amended, which shall remain in full force and effect. SECTION 3. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in fi~ll force and effect. SECTION 4. That any person, finn or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. S87226 9 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the capriots, as the law and charter in such cases provide except that Section 9-18- 7(6), (8), and (9) shall not take effect until October 1, 1997. DULY PASSED by the City Council of the City of Coppell, Texas, this the ,S:fLi day of /~.'~;/,/] ,1997. APPRO D: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/mmm 3/31/97) SS7226 10