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OR 90-495 Fences enclosing swimming pools AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 90495 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING SECTION 15-1-2 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF COPFELL; REGULATING THE CONSTRUCTION OF FENCES ENCLOSING SWIMMING POOLS; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; SPECIFICALLY REPEALING SECTION 9-2-9 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FORVIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE EXCEPT WHERE DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE; THE PENALTY SHALL BE THAT FIXED BY STATE LAW AND FOR ANY OFFENSE WHICH IS AVIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION, OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITFER ABATEMENT ACT ARTICLE 4477-9A, VERNON'S ANNOTATED CIVIL STATUES, AS AMENDED; A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE; AND PROVING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Amending Section 15-1-2 of Chapter 15 of the Code of Ordinances. That Chapter 15-1-2 of Chapter 15 of the Code of Ordinances of the City of Coppea be hereby mended by adding a subsection G as follows: "G. A new Division 3 is hereby added to Appendix Chapter 12 of the Uniform Building Code as follows: AMENDING SWIMMING POOL FENCE REGULATIONS - Page 1 BARRIERS FOR SWIlV~VIING 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. Definitions See. 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. BARI~IF.R is a fence, 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 deftration of swimming pool. IN~3ROUND POOL. See defir~tion of swimming pool. SPA, NONPORTABLE. 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 permanen~y 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, O~R, is any sw~mmlng pool which is not an indoor pool. Requirements Sec. 1243. (a) Outdoor Swimming Pool An outdoor swimming pool, including an in- ground, aboveground or on-ground poo]~ hot tub or spa shall be provided with a barrier which shall comply with the following: AMENDING SWIMMING POOL FENCE REGULATIONS - Page 2 1. The top of the barrier shall be at least 48 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 item is within a 48 inch radius of the top of the barrier. 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. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horLzontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches in width. 6. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches in width. 7. Maximum mesh size for chain link fences shall be a 11/4-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than I 3/4 inches. The wire shall be not less than 9 gauge. 8. 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 13/4 inches. 9. Access gates shall comply with the requirements of Items 1 through 7 and shall be equipped to accommodate a locking device. Pedestrian-access gates shall open outward away from the pool and shall be self-closing and have a selfdatching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate and (2) the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. AMENDING SWIMMING POOL FENCE REGULATIONS - Page 3 10. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shal] sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self-closing doors v,4th self-latching devices approved by the building official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above. 11. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. (b) Indoor Svvjrnmlng Pool Doors with direct access to an indoor swimming pool shall comply with Section 1243(a)9." SECTION 2. Savings Clause. Chapter 23 and Chapter 9 of the Code of Ordinances of the City of Coppe]] shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. Repealing Clause. All parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 9-29 of Chapter 9 of the Code of Ordinances of the City of Coppell is hereby specifically repealed. SECTION 4- Severability Clause. If any article, paragraph, or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the pan so decided to be invalid or unconstitutional. AMENDING SWIMMING POOL FENCE REGULATIONS - Page 4 SECTION 5. ponalny Clause. Any person, finn or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that term is defined by Sections 2.09 of the Texas Litter Abatemere Act, Article 4477-9a, Vernon's Annotated Civil Statutes, as mended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. Effective Date. This ord'mance shall take effect immediately from and afn~er its passage and publication of its caption, as the law in such cases provides. this the /I , APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: