The purpose of this article is to regulate, control, and administrate
the construction of pools and their enclosures within the boundaries
of the town and to provide for the safety and wellbeing of town citizens
by providing safe pools and enclosures without causing undue hardship
or burden on the business or homeowner.
(Ordinance 2008-0310-01 adopted 4/14/08)
This article and the provisions set forth herein shall apply
to a pool, herein defined as any pool, spa, hot tub, or other water-containing
device used, designed, or intended for recreational or therapeutic
use that has a depth of water of at least twenty-four (24) inches,
and a capacity of at least 5,000 gallons. Unless otherwise expressly
provided, this article shall not apply to a tank or cistern that has
a fixed roof or top, which is designed, used and intended for use
for solely irrigation purposes, or to ponds, lakes or bodies of water
in a natural state.
(Ordinance 2008-0310-01 adopted 4/14/08)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
See “swimming pool.”
A fence, wall, building wall or combination thereof which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
See “swimming pool.”
See “swimming pool.” That is situated on the
premises of a commercial building, community grounds, or any type
of residential dwelling.
See “swimming pool.”
A nonpermanent structure intended for recreational bathing,
in which all controls, water-heating and water-circulating equipment
are an integral part of the product.
Any structure intended for swimming or recreational bathing
that contains a minimum of 5,000 gallons of water and is over 24 inches
deep. This includes in-ground, aboveground and on-ground swimming
pools, hot tubs and spas.
A swimming pool which is totally contained within a structure
and surrounded on all four sides by walls of said structure.
Any swimming pool which is not an indoor pool.
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
No
person, firm or association shall install, construct, equip, operate
or maintain a pool without first having applied for and been issued
a valid permit. Permit applications shall be made on a form furnished
by the town and shall be accompanied by the appropriate permit fee
as set by the town council.
(b)
All
existing pools filled prior to the effective date of this article
are required to apply for a permit but are exempt from the permit
fees. Existing pools which are not in compliance with this article
will have 90 days from the effective date of this article to make
necessary repairs or improvements to become compliant.
(c)
The
mayor or his designee may deny, suspend or revoke a permit if the
applicant or occupant or owner of the property on which the pool is
situated is in violation of any of the terms of this article, if the
mayor or his designee determines that the pool is kept or maintained
in a condition that presents a risk of danger or injury to persons
or property, or if a property owner or occupant fails to allow access
to the premises on which the pool is or may be situated for the purposes
of inspection.
(d)
If
a permit is denied, revoked or suspended, a new permit application
may be made, and the appropriate permit fee paid, or a request to
lift the suspension may be made, if the violation or condition that
caused the denial, revocation or suspension is corrected.
(e)
The
denial, suspension or revocation of a permit by the mayor or his designee
may be appealed to the town council. Action by the town council shall
be final and binding.
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
For
new pool construction the minimum distance from the water’s
edge to the side and rear property line of the property on which the
pool is situated shall be not less than fifteen (15) feet. The minimum
distance from the water’s edge to any structure (dwelling or
accessory building) shall be not less than five (5) feet.
(b)
No
newly constructed pool shall be located within the required front
yard setback or within a public or private easement.
(Ordinance 2014-0721-02 adopted 7/21/14)
An outdoor swimming pool, including an in-ground, aboveground
or on-ground pool, hot tub or spa, shall, prior to filling with water,
be provided and continuously maintained with a barrier, with gates
or doors equipped with self-closing and self-latching devices designed
to keep and capable of keeping such gates or doors securely closed
at all times when not in actual use, which barrier shall comply with
the following:
(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 4 inches measured on the side of the barrier which
faces away from the swimming pool. Where the top of the pool structure
is abovegrade, 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)
Openings
in the barrier shall not allow passage of a 4-inch-diameter sphere.
(3)
Solid
barriers which do not have openings, such as a masonry or stone wall,
shall not contain indentations or protrusions except for normal construction
tolerances and tooled masonry joints.
(4)
Access
gates shall also comply with the barrier requirements (1), (2), and
(3), and shall be securely locked with a key, combination or other
childproof lock sufficient to prevent access to the swimming pool
through such gate when the swimming pool is not in use.
(5)
Pedestrian
access gates shall also comply with barrier requirements (1), (2),
and (3) and be self-closing and have a self-latching device.
(6)
Where
a wall of a dwelling serves as part of the barrier for newly constructed
pools, all doors with direct access to the pool through that wall
shall be equipped with self-closing doors with self-latching devices,
and one of the following conditions shall be met for newly constructed
pools only:
(A)
The pool shall be equipped with a powered safety cover which complies
with American Society for Testing and Materials F1346 as such exists
on the effective date of this article, copies of which shall be kept
and maintained in the offices of the town secretary; or
(B)
All doors with direct access to the pool through that wall shall
be equipped with an alarm which produces an audible warning when the
doors are opened.
(7)
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:
(A)
The ladder or steps shall be capable of being secured, locked or
removed to prevent access; or
(B)
The ladder or steps shall be surrounded by a barrier which meets
barrier requirements (1) thru (3). When the ladder or steps are secured,
locked or removed, any opening created shall not allow the passage
of a 4-inch-diameter sphere.
(8)
Indoor swimming pool.
All walls surrounding an indoor swimming pool shall comply with the requirements of the foregoing subsection (6).
(9)
Prohibited locations.
Barriers shall be located so as
to prohibit permanent structures, equipment or similar objects from
being used to climb the barriers
(10)
Barrier exceptions.
Spas or hot tubs containing less
than 5,000 gallons of water and which have a safety cover that complies
with American Society for Testing and Materials F1346, as such exists
on the effective date of this article, copies of which shall be kept
and maintained in the offices of the town secretary, shall be exempt
from the provisions of this article.
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
All
newly constructed swimming pool, spa and hot tub pumps shall be equipped
with a time clock or timer, maintained in good working order, so that
the pump may be set for the minimum time necessary to maintain the
water in a clean and sanitary condition.
(b)
No
electrical equipment shall be placed within five (5) feet of the water’s
edge without prior approval by the town.
(c)
No
exterior convenience outlet shall be closer than ten (10) feet horizontally
from the water’s edge. Existing exterior convenience outlets
that are within ten (10) feet of the water’s edge shall be removed
or permanently disconnected and covered. Pools filled and in operation
prior to the effective date of this article are exempt from this requirement.
(d)
Ground
fault circuit interrupters shall be installed so as to protect all
exterior convenience outlets.
(e)
Overhead
conductors shall not be closer than twenty (20) feet horizontally
from the water’s edge.
(f)
All
electrical work shall be performed by a licensed electrician. The
installation of a P-trap and any gas heater or other appliance using
natural gas or propane shall be performed by a licensed plumber.
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
The
following inspections shall be required for newly constructed pools
prior to the issuance of a final permit:
(b)
The
town may inspect any pool at any reasonable time and has the authority
to enter upon the premises where a pool is located to the extent necessary
to make a full examination. Water samples from a pool may be taken.
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
It
shall be unlawful to maintain any pool which does not meet the barrier
requirements of this article or this code.
(b)
A
pool shall be continually kept and maintained in a clean and sanitary
condition, free of algae and harmful bacteria. The water clarity of
a pool shall be continually maintained so that the bottom surface
of the pool is visible.
(c)
Any
person, individual, firm, corporation or association violating any
provision of this section or article shall be deemed guilty of a misdemeanor,
and shall upon conviction be fined a sum not to exceed two thousand
dollars ($2,000.00).
(Ordinance 2008-0310-01 adopted 4/14/08)
(a)
In
addition to any other remedy allowed herein or by other law, in the
event that any person, owner or occupant of premises on which a pool
is situated fails to comply with the requirements of this article,
the town may issue and serve written notice of such as follows:
(1)
Delivered personally to the owner and occupant in writing;
(2)
By letter addressed to the owner at the owner’s address as
recorded in the appraisal district records of the appraisal district
in which the property is located;
(3)
If personal service cannot be obtained or the owner’s or occupant’s
address is unknown:
(A)
By publication in the town’s official newspaper at least once;
(B)
By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C)
By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(b)
If
the owner or occupant of the property does not comply with the notice
and this article within seven (7) days of notice of the violation
given as stated above, the town may, on written request with good
cause demonstrated, grant up to twenty-one (21) additional days for
correction of the violation, or may:
(c)
The
town may assess expenses incurred under this section against the real
estate on which the work is done or improvements made in accordance
with this section.
(d)
To
obtain a lien against the property, the mayor or his designee, including
any other designated town official, must file a statement of expenses
with the county clerk of Denton County. The statement of expenses
must identify the name of the owner, if known, and the legal description
of the property.
(e)
The
lien obtained by the town is security for the expenditures made and
interest accruing at the rate of ten (10%) percent per annum on the
amount due from the date of payment by the town for the work done
or improvements made. The lien is inferior only to tax liens and liens
for street improvements.
(f)
The
town may authorize a suit for foreclosure in the name of the town
to recover the expenditures and interest due. The statement of expenses
or a certified copy of the statement is prima facie proof of the expenses
incurred by the town in doing the work or making the improvements.
(g)
The
remedy provided in this section is in addition to any fine which may
be imposed for a violation of this article and is cumulative of and
in addition to any other remedies which may be provided for by this
code or other law, whether civil or criminal.
(Ordinance 2008-0512-04 adopted 5/12/08)
