(a)
The
city council adopts the International Swimming Pool and Spa Code,
2021 edition, published by the International Code Council, a copy
of which is located on the city building department website.
(b)
The
city council adopts the NCTCOG 2021 regional amendments to the International
Swimming Pool and Spa Code, 2021 edition, a copy of which is located
on the North Central Texas Council of Governments website.
(Ordinance 21-25, sec. 6, adopted 4/20/21; Ordinance
23-76 adopted 10/17/2023)
For the purpose of this division, “swimming pool”
shall mean all permanent structures or excavations which contain or
may contain a body of water over twenty-four (24) inches in depth,
which is used for recreative bathing or swimming purposes, excluding
spas and hot tubs.
(1991 Code, sec. 3.1101)
(a)
Every
swimming pool in the city shall be completely surrounded by a fence,
wall or building not less than four (4) feet in height.
(1991 Code, sec. 3.1102)
Each fence or wall constructed around a swimming pool shall
meet the following specifications:
(1)
Each
fence or wall shall be so constructed as not to have openings, holes
or gaps large enough for a sphere four (4) inches in diameter to pass
through. Such fence shall be permanent, shall be set and anchored
firmly in the earth, and may be constructed of any suitable material
including wood, metal, concrete, brick, masonry or wire, but excluding
barbed wire.
(2)
All
entrances through the fence shall be protected by a substantial gate
or door which shall be equipped with self-closing and self-latching
devices capable of keeping such gate securely closed when not in use.
Such latching devices shall be attached to the upper quarter of the
gate or fence on the inside thereof; except, the door of any dwelling
which forms a part of the enclosure of a swimming pool need not be
so equipped.
(3)
The building standards, plumbing, adjustments and appeals board as established in article 3.03 of this chapter may, upon a showing of good cause, make modifications in individual cases with respect to the height, nature or location of the fence or wall, gates or latches, or the necessity therefor; provided, the protection sought under this division shall not be reduced thereby. Said board may permit other protection devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence or wall, gates and latches otherwise required herein.
Exception: Self-closing and self-latching devices are not required
on gates or doors which provide the only access into nonhabitable
storage or equipment buildings, rooms, or enclosures.
(4)
A
person who has a swimming pool which lawfully existed before the passage
of this division (June 19, 1990) shall be required to fully comply
with all provisions of this division just as if the existing swimming
pool were newly constructed.
(1991 Code, sec. 3.1103)
Any swimming pool at which a lifeguard or gate attendant is
on duty at all times (that) people are allowed in the swimming pool
shall not be required to have a self-closing and self-latching gate,
but the gate shall be kept closed and locked when no lifeguard or
gate attendant is present.
(1991 Code, sec. 3.1104)
(a)
The
provisions of section 341.064(a) through 341.064(k) of the Texas Health
and Safety Code, entitled “Swimming Pools and Bathhouses,”
as they may be amended, are herby adopted in full as if set forth
fully herein. For the purpose of this section “public swimming
pool” means an artificial body of water, including a spa, maintained
expressly for public recreational purposes, swimming and similar aquatic
sports, or therapeutic purposes.
(b)
The
health officer and the department of community development or their
designees are authorized to enforce the terms and conditions of this
division, including the issuance of a citation for violation hereof.
(Ordinance 03-940 adopted 11/4/03)
