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OR 93-598 Barriers, fences & gates or doors for pools, spas & hot tubs AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 93598 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING SECTION 15-1-3 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; PROVIDING FOR BARRIERS, FENCES, AND GATES FOR POOLS, SPAS AND HOT TUBS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 THE CITY OF COPPELL, TEXAS: SECTION 1: AMENDING SECTION 15-1-3 OF CHAPTER 15 OF THE CODE OF ORDINANCES That Chapter 15-1-3 of the Code of Ordinances of the City of Coppell be hereby amended in part to read as follows: BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS GENERAL Sec. 1241 The provisions of this section apply to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies and Group R, Division I Occupancies. DEFINITIONS Sec. 1242 For the purpose of this section, certain terms, words, and phrases are defined as follows: Aboveground/On-ground Pool See definition of swimming pool. Barrier is a fenca, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Grade is the underlying surface such as earth or a walking surface. Hot Tub See definition of swimming pool Page 2 In-ground Pool See definition of swimming pool. Spa, Non-portable See definition of swimming pool. Spa, Portable is a nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired). Swimming Pool is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in- ground. aboveground and on-ground swimming pools, hot tubs, and spas. Swimming Pool, Indoor is a swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor is any swimming pool which is not an indoor pool. SWIMMING POOL FENCE OR ENCLOSURE REQUIRED Sec. 1243(a) Outdoor Swimming Pool. Every person in possession of land within the Corporate Limits of the City, either as owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated an outdoor swimming pool, including an in-ground, aboveground or on- ground pool, hot tub or spa shall at all times maintain upon the lot or premises on which the swimming pool is located, and completely surrounding the swimming pool, lot or premises, a fence, wall or other solid structure designed to prevent small children from inadvertently wandering into the pool as follows: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. No permanent structures, boxes or other items shall be located adjacent to the barrier where the top of the box structure or other items is within a 48 inch radius of the top of the barrier. Page 3 3. Openings in the barrier shall not allow passage of a 4-inch- diameter sphere. 4. Solid barriers which do not have openings, such as masonry, or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 5. Maximum gauge for chain link fence shall be not less than 9 gauge. 6. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 4 inches. DOORS AND GATES Sec. 1244 Access gates shall comply with the requirements of Items 1 through 6 above and shall be equipped with one or more of the following types of doors or gates and none other: (Ord. 176) a. A gate or door used for general ingress or egress to and from the enclosed area which is not a door of an occupied dwelling, when dwelling structure forms a part of the enclosure required by this Article. Such gate or door shall be equipped with and shall be maintained with self-closing and self-latching devices designed to keep and capable of keeping such door or gate securely closed and latched at all times when not in actual use, and such latching device to be attached no lower than fifty-four inches (54") from the grade level measured at the outside of the gate or door. (Ord. 176) b. A gate or door used for general ingress or egress to and from the enclosed area, which is a part of an occupied dwelling which said occupied dwelling forms a part of the enclosure required by this Article. Such gate or door need not be equipped with self-closing or self-latching devices. (Ord. 176) c. A gate or door, over three (3) feet in width, or not used for general ingress or egress to and from the enclosed area. Such gate or door need not be equipped with self-closing or self-latching devices, provided it is equipped with and maintained with some type of permanent locking device. Provided, however, it shall be unlawful and a violation of this Article for any said person to permit such a gate or door to remain open or unlocked while unattended. (Ord. 176) Page 4 d. Drive gates shall not be considered as meeting the requirements of this Section and shall not be allowed as part of the required barrier. TEMPORARY FENCE Sec 1245 A temporary fence of at least three (3) feet in height must completely surround a swimming pool while it is under construction and not attended. (Ord. 87-350) FAILURE TO MAINTAIN ENCLOSURE UNLAWFUL Sec 1246 It shall be unlawful to maintain any swimming pool within the Corporate Limits of the City which is not fenced in accordance with the requirements of this Article. (Ord. 176) FAILURE TO SECURE FINAL INSPECTION UNLAWFUL Sec 1247 All pools constructed within the corporate limits of this city must pass final inspection by the building inspection department within 30 calendar days of approval of deck steel inspection. Failure to pass final inspection within this time frame shall be unlawful and will be grounds for suspension of additional permit issuance for further pool construction. SECTION 2 SEVERABILITY CLAUSE That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 3 REPEALING CLAUSE That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances and provisions of the Code of Ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4 SAVINGS CLAUSE An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. Page 5 SECTION 5 PENALTY CLAUSE That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6 EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provide. , 1993, APPROVED: ./ ATFEST: "" ~'l ,..~.{ rL ,./ / '~, C~T~ SECRETARY/ /9 ~ % APPROVED AS TO FORM: