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Home My WebLink AboutORD 1468 - ORD Relating to Swimming Pools and Building Regulations ORDINANCE NUMBER 1468 AN ORDINANCE RELATING TO SWIMMING POOLS AND BUILDING REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ADOPTING A ST ANDA~ CODE WITH AMENDMENTS; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council desire to update Chapter 6 of the Code of Ordinances by adoption of a new code; and WHEREAS, the City Council also desires to update Article IX of Chapter 6 for the safety and welfare of the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 6-321 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: Section 6-321. General. (a) The Standard Swimming Pool Code, 1991 edition, of the Southern Building Code Congress International, Inc., ("swimming pool code") is hereby adopted and ordained by reference and incorporated into this chapter by reference, as fully as though it were copied herein fully, but subject to the exceptions stated in this Article. (b) This Article establishes minimum standards for swimming pool fences and enclosures under and pursuant to Subchapter C, Chapter 214 of the Local Government Code, to the extent such Subchapter applies. ( c) The penalty for a violation of this Article is a fine not to exceed $1,000.00, and each day a violation occurs constitutes a separate offense. All City officials, agents, and employees are granted the authority to enter premises as contemplated by such Subchapter C. (d) It shall be affirmative defense, in any proceeding to enforce this Code with respect to construction of a swimming pool enclosure, that: (i) Chapter 757 of the Texas Health and Safety Code applies to the enclosure, and (ii) because of such Chapter 757, the person charged is not required to construct the enclosure in the manner sought to be enforced. The City continues to require a height of six (6) feet for enclosures (see below). (e) It shall be an affirmative defense, in any proceeding to enforce this Article with respect to a fixed feature of a swimming pool (other than a fence or enclosure), that: (i) the swimming pool existed, in compliance with the City's ordinances, immediately before the adoption of the swimming pool code; and (ii) the particular fixed feature of the pool was not constructed, reconstructed, installed, replaced or structurally altered after the adoption of the swimming pool code. The intent is to require that operational regulations be observed immediately and that fixed facilities be brought into compliance as they are constructed, reconstructed, installed, replaced or structurally altered. (f) It shall be an affirmative defense, in any proceeding to enforce this Article with respect to a fence or enclosure of a swimming pool, that all of the following circumstances are present: (i) the fence or enclosure existed, in compliance with the City's ordinances, immediately before the adoption of the swimming pool code; and (ii) the alleged violating part of the fence or enclosure was not constructed, I reconstructed, installed, replaced or structurally altered after the adoption of the swimming pool code. This affirmative defense does not apply to the requirement that gates be kept closed and latched. Section 2. That Section 6-322 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: Section 6-322. Exceptions. The following exceptions are made from the swimming pool code adopted by this Article: (1) In Chapter 1 of the swimming pool code, only subsections 101.1 ("Title"), 101.2 ("Scope") and 102.1 ("Administrative Authority") are adopted. (2) In subsection 304.1 (relating to conformance standard) the following shall be added: "All design, construction and workmanship of residential swimming pools shall be in conformity with "Standard for Residential Swimming Pools", dated November 1987 published by the National Spa and Pool Institute." (3) Subsection 315.1 (relating to Public Swimming Pool enclosures) is hereby amended to read in its entirety as follows: 315.1 All Swimming Pools; General Enclosure Rules It shall be unlawful to construct, maintain, own, control or operate a swimming pool that is not completely surrounded by a fence or wall meeting all of the following criteria: (1) (2) Height: at least six (6) feet. Openings: may not permit the passage of a four (4) inch diameter sphere. Gates (if present): must be self-closing and self-latching and must be kept closed except at those times when they are actually in use. These gate rules do not apply to any public swimming pool where: (i) non-public gates are routinely kept latched or II I (3) 'I locked, and (ii) an attendant or lifeguard is routinely on the premises whenever the gates are open. A fence or wall surrounding the entire yard area where there is a swimming pool may satisfy the requirement for surrounding the swimming pool. (4) In subsection 315.2.1.9 (relating to swimming pool enclosures) the following shall be added: "Exception: any door equipped with a self-closing, self- latching device shall not be required to have the alarm." Section 3. Section 6-323 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: Sec. 6-323 Engineers All structural calculations and details for swimming pool permit applications must be prepared and signed by a registered professional engineer. Section 4. (a) Section 6-325 of the Code of Ordinances of the City of West University Place, Texas is hereby renumbered to be 6-324. (b) Section 6-327 of the Code of Ordinances of the City of West University Place, Texas is hereby renumbered to be 6-325. (c) Section 3-328 of the Code of Ordinances of the City of West University Place, Texas is hereby renumbered to be 6-326. Section 5. Except for Sectioqs 6-321 through 6-326, as amended and renumbered by this ordinance, all of the sections in Article IX (entitled "Swimming Pools") of the Code of Ordinances of the City of West University Place, Texas are repealed. Section 6. This ordinance applies to violations committed on or after its effective date. Violations committed before the effective date are governed by the City's ordinances in effect at that time, and such ordinances are continued in effect for that purpose, notwithstanding any amendment or repeal called for by this ordinance. A violation is committed when the last element of the violation occurs. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any word, phrase, clause, sentence, paragraph, section, or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any persons or I' i I circumstances shall not be affected thereby. Section 9. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves, and confirms such notices and the contents and posting thereof. Section lO. This ordinance shall take effect on the tenth day following its publication, as prescribed by the City Charter. ~.!<SSED AND APPROVED ON THE FIRST READING, this rday of ~ ,1993. Voting Aye: Voting Nay: Absent: ./7 PASSED AND APPROVED ON THE SECOND READING, this ~5/.1'ay of L!/~A--' ,1993. Voting Aye: Voting Nay: Absent: Signed: ~~, Bill Watson Mayor ATTEST: APPROVED AS TO FORM: ~~k Jam?s-L. Dougherty, Jr City Attorney Ka lynn Holloway City Secretary (SEAL)