HomeMy WebLinkAbout1971-050 NO 7/-
AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, PRO-
VIDING ~OR THE PROTECTION OF THE PUBLIC HEALTH, WELFARE AND SAFETY
BY PRESCRIBING MINIMUM STANDARDS FOR THE DESIGN, CONSTRUCTION OR
INSTALLATION, REPAIR OR ALTERATIONS OF SWIMMING POOLS, PUBLIC OR
PRIVATE, AND EQUIPMENT RELATED THERETO, REQUIRING A PERMIT AND IN-
SPECTION THEREFORE, PROVIDING FOR FENCING THEREOF, PROVIDING FOR
THE ADMINISTRATION AND ENFORCEMENT OF THE STANDARDS SET FORTH
THE~EIN~ PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE
STAND~ARDS SET FORTH THEREIN, PROVIDING FOR THE QUALIFICATION AND
REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF SWIMMING POOL
CONSTRUCTION, INSTALLATION, ~%I~D ALTERATION INCLUDING EQUIPMENT RE-
LATED THERETO, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF --
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
That the Code of Ordinances of the Cmty of Denton, Texas, is
hereby amended hy adding new Article V to Chapter Fmve of samd Code
whmch shall hereafter read as follows
(Sections 5-142 through 5-174 RESERVED FOR ARTICLE IV)
ARTICLE V SWIMMING POOLS
Section 5-175 Swmmming Pool Code Adopted
The Unmform Swmmmang Pool Code, 1970 Edmt~on, as promulgated
hy the internataonal Assocaation of Plumbmng and Mechanacal Offmcals,
of whmch a copy as on fale an the offace of the Cmty Secretary, ms
hereby adopted the same as af copaed an full herean, wmth the amend-
ments provmded below
Sectaon 5-176 Deletaons and Amendments
The Swam~ang Pool Code adopted by the above sectaon ms hereby
amended and changed as follows
(a) In Sectaon 1 0 of saad Code the blank provmded shall read
"Chief Bulldang Inspector"
(b) In Section 1 1 of saad Code the blank provmded shall read
"Community Development".
(c) Section 1 11 of said Code ms deleted, and new Sectaon 1 11
shall read as follows
VIOLATIONS AND PENALTIES
(1) A person who shall vmolate a provmsmon of thas Code, or
faals to comply therewath or with any of the requarements thereof,
or who ~h~ll anstall, construct, alter or repaar, or has installed,
constructed, altered or repeated a swammmng pool or structure or
portaon~thereof mn violation of a detaaled statement or plan sub-
matted and approved thereunder, or of a permit or cert~facate ~ssued
thereunder, shall be guilty of a mmsdemeanor punmshable by a fane of
not less than Ten Dollars ($10 00) nor more than Two Hundred Dollars
($200 00)
(2) The owner of a swimmmng pool or structure or portmon there-
of, or of the premmses where anythang mn violatmon of thas Code shall
be placed or shall exist, and the archmtect, engineer, bualder, con-
tractor, age.t, person or oorporataon employed mn connectaon therewmth
and who.may have assisted in the commlssaon of such vmolataon shall be
gualty 9f a separate offense and upon convactmon thereof shall be pun-
mshable by a fane of not less than Ten Dollars ($10 00) nor more than
Two Hundred Dollars ($200 00)
(3) The imposition of the penalties herein prescribed shall
not preclude the City Attorney from instituting an appropriate act-
ion or proceeding to prevent an unlawful installation, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
or to restrain, correct or abate a violation, or to prevent the
ocoupanby of a swimming pool or structure or portion thereof, or of
the premises or to prevent an illegal act, conduct, business or use
in or about any premises
(d) A new Section 305 is added to said Code which shall here-
after read as follows
Section 305 - Fencing
Ail private swimming pools shall be fenced in a manner to rea-
sonably deter access to such pool from ad3olnlng or ad]acent property
and such fencing shall be no less than five (5) feet in height from
ground level and completely enclose the swimming pool An existing
structure, such as a house or accessory building, may be used as part
of the enclosure if at least five (5) feet in height
No fence or enclosing structure may be used if stair-stepped or
staggered as to invite climbing, or which does not reasonably deter
climbing, by children under age twelve (12)
All fencing must be installed before the swimming pool becomes
a hazard or an attractive nuisance, and in all cases before comple-
tion of the swimming pool
If a swimming pool was completed prior to the effective d~gf-
this Code, the owner, tenant or manager thereof shall have ~ (~0)
days from such effective date to complete the fencing required by this
Section
(e) A new Section 409 is added to said Code which shall here-
after read as follows
Section 409 - Rules and Regulations
Rules and regulations for the safe guarding of the public shall
be clearly posted by the pool It is the responsibility of the pool
operator to see that such rules and regulations are not violated
PART TWO
That this ordinance shall be and it is hereby declared to be
cumulative of all other ordinances of the City of Denton, Texas, and
shall not operate to repeal any such ordinance or ordinances except
Insofar as the provisions of such other ordinance or ordinances are
· nconslstent or in conflict with the intent of this ordinance, in
which instance or instances those provisions shall be hereby repealed
PART THREE
That if any section, word, phrase, clause or provision of this
ordinance is declared unconstitutional or invalid, then, in that event,
it is expressly provided, and it is the intention of the City Council
in passing this ordinance, that all other parts of this ordinance shall
not be affected thereby and shall remain in full force and effect
PART FOUR
That the importance of this ordinance, and the immediate need of
these regulations, has created an emergency and an imperative public
necessity, therefore the rule requiring fourteen (14) days to be
effective is suspended, and that this ordinance shall become effec-
rive lr~med~ately upon ~ts passage and the C~ty Secretary is hereby
d~rected to cause the caption of this ordinance to be published
tw~oe in the Denton Record-Chronicle w~th~n fourteen (14) days of
the date of ~ts passage
PASSED AND APPROVED this the 26th day of October, A D 1971
ATTEST ~
--O~OKS~Y SECRETARY
CITY O~ DENTON, TEXAS
APPROVED AS TO LEGAL FORM
~K Q BARTON, CITY ATTORNEY
/~ITY OF DENTON, TEXAS