That there is hereby adopted by the Town of Double Oak, Texas,
this article which shall be known as the Private Swimming Pool Ordinance
for the purpose of providing safety and protection of persons by establishing
rules and regulations for private swimming pools and private spas
located at one-family dwellings (detached).
(Ordinance 39-5 adopted 3/2/87)
City.
Shall mean the Town of Double Oak, Texas.
Chief of Police.
Shall mean the chief of police of the Town of Double Oak
or his/her authorized representative.
Building Inspector.
Shall mean the building inspector for the Town of Double
Oak, or his/her authorized representative.
One-Family Dwelling (detached).
Shall mean a dwelling designed and constructed for occupancy
by one family and located on a lot or separate building tract and
having no physical connection to a building on any other lot or tract
and occupied by one family.
Owner.
Shall mean person claiming, or in whom is vested, the ownership,
dominion or title of real property, including but not limited to:
(1)
Holder of fee simple title;
(3)
Holder of a leasehold estate for an initial term of five (5)
years or more;
(4)
The buyer in a contract for deed;
(5)
A mortgagee, receiver, executor or trustee in control of real
property; but not including the holder of a leasehold estate or tenancy
for an initial term of less than five years.
Person.
Shall mean an individual, corporation, business trust, estate,
trust, partnership or association, two or more person having joint
or common interest, or any other legal communality entity.
Private Spa.
Shall include, but not be limited to, therapeutic pool, hydrotherapy
pool, whirlpool, hot spa etc. located at a one-family dwelling (detached).
It may include, but not be limited to hydrajet circulation, hot water,
cold water mineral baths, air induction bubbles, or any combination
thereof.
Private Swimming Pool.
Shall mean any pool located at a one-family dwelling (detached),
the use of which is limited to members of his/her family or their
invited guests.
Real Estate Broker.
Shall mean any person acting pursuant to a contract for the
sale, leasing or management of a one family dwelling (detached) for
a fee or commission where the contract requires the broker to exercise
possessory control and responsibility over the subject dwelling.
(Ordinance 39-5 adopted 3/2/87)
Every person in control of property within the city, either
as owner, tenant, or real estate broker, upon which is located a one-family
dwelling (detached) and a private swimming pool and/or spa shall comply
with the following regulations:
(1) Fences.
Every private swimming pool and every private spa shall be enclosed
with a fence that is a minimum of four (4) feet in height. The walls
of any building may be a part of this enclosure. There shall be no
openings therein other than gates, windows, or doors larger than four
(4) inches square measured in any direction, except that measurement
for a picket fence or picket type fence (one composed primarily of
vertical members) shall be measured in a horizontal direction between
members.
(2) Gates.
All gates or doors opening directly into the private swimming
pool and/or spa enclosure, except for the doors of any dwelling occupied
by human beings, which form any part of the enclosure shall be equipped
and maintained with self-closing and self-latching devices capable
of keeping gates or doors securely closes at all times when the gates
and doors are not in actual use; except where gates and doors are
secured by means of a lock.
(3) All gates
and doors opening into the private swimming pool and/or spa must be
securely locked with devices such as padlocks, chains, and locks or
similar devices immediately when a dwelling is vacated and must remain
locked until the dwelling is occupied again, except when the gates
and doors are in actual use by an adult person.
(4) Water
Clarity.
Every private swimming pool and/or spa shall
have water clarity sufficient for the main drain, or a six (6) inch
diameter turbidity test disk placed at the deepest part of the pool
or spa, to be readily visible from the surface of the deck above the
pool or spa. This water clarity standard shall not apply if the pool
or spa is completely covered with a structure capable of supporting
a weight of 75 pounds and provided that the pool or spa is kept free
of mosquito larva.
(Ordinance 39-5 adopted 3/2/87)
The owner, tenant, or real estate broker in control of a property
containing a private swimming pool and/or spa as defined in this article
shall consent and agree to permit and allow the chief of police, the
building inspector, or their authorized representative to make the
following inspections to insure compliance with this article:
(1) Building
Permit Inspections.
Prior to the installation of the
decking around the pool, the owner, tenant, real estate broker, or
pool builder must order an inspection of the deck steel grounding
by the building inspector within five days of the plastering of the
pool. The final inspection is to include the following:
(A) Inspection
of pool lights for connection to a ground fault system. Must have
outside receptacle type ground fault system installation.
(B) Fences
or enclosures must be complete, have proper size openings and have
gates and/or doors which are self-closing and self-latching.
(2) Complaint
Inspections.
When upon reliable information the chief
of police or his/her authorized representative has reason to believe
that violations of this article exists, the chief of police or his/her
authorized representative shall have the right and access to inspect
the private swimming pool and/or spa and the enclosures surrounding
same upon satisfaction of any laws, rules, and requirements concerning
the obtaining of a search warrant.
(3) Reinspections.
In the event any inspection authorized by this article requires
a reinspection due to noted violations, the building inspector, the
chief of police, or their authorized representative shall have the
right and access to make this reinspection. If a second reinspection
is necessary due to noted violations, then a reinspection fee as provided
for in the fee schedule in the appendix of this code shall be paid
prior to the second reinspection.
(Ordinance 39-5 adopted 3/2/87)
All private swimming pools and/or spas must be fenced prior
to being filled with water.
(Ordinance 39-5 adopted 3/2/87)
The Board of Adjustment may grant a variance from the requirements
of this article in individual cases upon a showing of good cause with
respect to the height, nature or location of the fence, wall, gates
or latches, or the necessity thereof, provided the protection as sought
hereunder is not reduced.
(Ordinance 39-5 adopted 3/2/87)
The chief of police or his/her authorized representative will
have enforcement responsibility for this article.
(Ordinance 39-5 adopted 3/2/87)
Any person, either as owner, tenant, or real estate broker violating
any of the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction in the municipal court shall be subject
to a fine in accordance with the general penalty provision set forth
in Section 1.109 of this code for each offense, and each and every
day such violation continues, it shall constitute a separate offense.
(Ordinance 39-5 adopted 3/2/87)
In addition to and cumulative of all other penalties, the city
shall have the right to seek injunctive relief for any and all violations
of this article.
(Ordinance 39-5 adopted 3/2/87)
Permits for fences must be applied for at the same time pool
permits are requested, except where the property on which the pool
is to be constructed has already been fenced in compliance with this
article. When fence is in compliance no additional permit for a fence
will be required; however, pool plans must show location and description
of existing fence.
(Ordinance 39-5 adopted 3/2/87)
Any person, either as owner, tenant, or real estate broker with
an existing spa will have one hundred eighty (180) days from the date
of passage of this article to bring their spa enclosure (fence) into
compliance with the requirements of this article.
(Ordinance 39-5 adopted 3/2/87)