1975-039NO -?S-31
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE V
"SWIMMING POOLS" OF CHAPTER 5 OF THE CODE OF ORDINANCES BY ADD-
ING SECTIONS 5-177 THROUGH 5-185 REGULATING THE OPERATION AND
MAINTENANCE OF PUBLIC SWIMMING POOLS, PRESCRIBING STANDARDS AND
REQUIREMENTS FOR THE OPERATION AND MAINTENANCE OF PUBLIC SWIMM-
ING POOLS AND SWIMMING POOL EQUIPMENT AND APPARATUS, PRESCRIBING
DUTIES AND RESPONSIBILITIES OF THE HEALTH AUTHORITY, AND PRE-
SCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, PROVD-
ING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Denton has numerous swimming pools
located but not limited to clubs, apartment houses, motels and
universities, and
WHEREAS, it is necessary to regulate such pools to protect
the health and safety of the citizens of the City of Denton,
Texas,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HEREBY ORDAINS
PART I
That Chapter 5, Article V "Swimming Pools" is hereby amended
as follows
SECTION 5-177 - DEFINITIONS
The definitions found in the Uniform Swimming Pool Code,
1970, Edition adopted by Section 5-175 are changed, added to or
amended as follows
(a) SWIMMING POOL - Any structure, basin, chamber or tank
containing an artificial body of water for swimming, diving, or
recreational bathing and having a depth of two feet or more at
any point
(b) PUBLIC SWIMMING POOL - A pool that is owned by a public
agency such as a municipality or county and any privately operated
swimming pool used for a fee
(c) SEMI-PUBLIC SWIMMING POOL - A pool serving a country
club, a motel, a hotel, an apartment, school or university, etc
whose use is limited to members, residents, or authorized guests
(The design, construction and operation of such pools are subject
to the same requirements as the above defined public pools unless
otherwise indicated in other provisions of this ordinance )
(d) PRIVATE RESIDENTIAL SWIMMING POOL - Any swimming pool,
located on private property under the control of the homeowner,
the use of which is limited to swimming or bathing by members
of his family or their invited guests (The design, construc-
tion, and operation of such pools are not subject to the pro-
visions of this ordinance )
(e) PERSON - Any person, firm, partnership, association,
corporation, company, governmental agency, club, or organization
of any kind
(f) HEALTH AUTHORITY - The Director of the Denton City-
County Health Department or his authorized respresentative
(g) CERTIFIED SWIMMING POOL OPERATOR - A person who has
been certified by the State Department of Health Resources or
Health Authority to operate a swimming pool
SECTION 5-178 - HEALTH AUTHORITY INSPECTIONS
The Health Authority is authorized to conduct such inspec-
tions as it deems necessary to insure compliance with all pro-
visions of this ordinance and shall have right of entry at any
reasonable hour to the swimming pool for this purpose
SECTION 5-179 - PERMITS TO OPERATE
(a) No person shall operate or maintain a public or semi-
public swimming pool unless he has obtained a permit to operate
such pool from the Health Authority Such permits shall be
obtained within 45 days of the enactment of this ordinance and
shall be valid for one year unless revoked for a violation or
violations of this ordinance Such permits are not transferable
and shall be publicly displayed
(b) The Health Authority is authorized to promulgate regu-
lations and the City Council to establish fees to cover permits,
inspections and other services in connection with the operation
and maintenance of public and semi-public swimming pools for the
protection and promotion of public health and safety Such fees
shall be recommended by the Denton City-County Health Board and
set by the City Council of the City of Denton
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SECTION 5-180 - REVOCATION OF PERMITS
(a) The Health Authority may revoke any permit to operate a
public and semi-public swimming pool for failure to comply with
this ordinance or in cases where the permit has been obtained
through non-disclosure, misrepresentation, or misstatement of a
material fact
(b) The Health Authority shall make inspections of public
and semi-public swimming pools and shall issue a copy of his in-
spection report to the pool owner, operator or representative
This report shall include a list of the deficiencies, if any, and
shall prescribe corrective action to be taken within a time limit
set by the Health Authority Chlorine residual should be main-
tained according to the standard adopted by the State Department
of Health Resources If significant health hazards exist, the
Health Authority shall recommend the closing of the pool until the
offending conditions are corrected If non-compliance persists
after two reinspections, the permit will be revoked by the Health
Authority
(c) Before a permit is revoked, the person to whom the permit
has been issued shall have notice in writing enumerating instances
of failure to comply with this ordinance He shall be given an
opportunity to appeal to the Denton City-County Health Board re-
garding the reasonableness of the permit revocation Such an
appeal shall be in writing and addressed to the Chairman, City-
County Health Board within seven (7) days after the receipt of the
revocation notice If no such appeal is made within the time
period provided herein, the revocation shall become final
(d) Any revoked permit shall be reissued upon proper appli-
cation and upon presentation of evidence that the deficiencies
causing revocation have been corrected
SECTION 5-181 - REQUIREMENTS FOR BOTH PUBLIC AND SEMI-PUBLIC
POOLS
(a) No person having a communicable disease shall be employed
or work at a public or semi-public swimming pool Any person having
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any considerable area of exposed subepidermal tissue, open blisters,
cuts, etc , or having an infectious or communicable disease shall
be excluded from a public or semi-public swimming pool
(b) Spitting, spouting of water, blowing the nose, etc , in
the swimming pool shall be strictly prohibited
(c) No running, boistrous or rough play, except supervised
water sports, shall be permitted in the pool, on the runways, div-
ing boards, floats, platforms, or in dressing rooms, shower rooms,
etc
(d) No pets shall be permitted in the swimming pool or pool
area at any time The pool area is defined as the decks surround-
ing the pool but not less than six (6) feet from the nearest edge
of the pool
(e) No food, drink or glass containers shall be permitted in
the pool area
(f) Every public semi-public swimming pool shall be under
the supervision of a capable individual who shall assume respon-
sibility for compliance with all parts of this ordinance relating
to pool operation and maintenance, and safety of bathers Each
person shall furnish to the Health Authority a list of people to
call in case of an emergency This list shall be furnished within
fifteen (15) days of the enactment of this ordinance and it shall
be the person's responsibility to keep this list current
(g) Contamination due to the presence of dead animals found
in a pool will be corrected in a manner to be decided by the Health
Authority on an individual basis If defecation is detected in a
swimming pool, all swimmers shall be immediately required to evac-
uate the pool and the contamination shall be removed by the most
practical means The Health Authority will be notified and the
pool will be thereafter closed until approval for reopening the
pool has been obtained by the Health Authority
(h) Lifesaving Equipment - (1) Swimming pools operated pri-
marily for recreational use and having an area of more than 2,250
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square feet of water surface area shall be provided with an ele-
vated lifeguard platform or chair In pools with 4,000 square
feet or more of water surface area, additional elevated chairs or
stations shall be provided, located so as to provide a clear un-
obstructed view of the pool bottom in the area under surveillance
(2) One unit of lifesaving equipment shall consist of the
following a shepherd's crook type of pole having blunted ends
with minimum length capable of reaching the bottom of the middle
of the pool from either side shall be required (Other lifesav-
ing equipment such as a ring buoy or a life pole or throwing rope
may be maintained) Not less than one unit of equipment, as above,
shall be provided at every public and semi-public swimming pool
One unit shall be presumed to be adequate for 2,000 square feet
of water surface area or less and one additional unit shall be
provided for each additional 2,000 square feet, or major fraction
thereof, of water surface area
(3) Lifesaving equipment shall be mounted in conspicuous,
accessible places and kept in repair and ready use
(h) Sampling for bacteriological analysis will be done when
the pool is at peak or near-peak capacity Bacteriological water
sample results will be made known to the person or his represen-
tative with recommendations if any Heavy bacteriological con-
tamination of the pool may result in the Health Authority's recom-
mendation to close a pool until the condition has been corrected
SECTION 5-182 - REQUIREMENTS FOR PUBLIC POOLS
In addition to the above requirements public pools will comply
with the following requirements
(a) Competent lifeguards shall be on duty during all swimm-
ing periods
(b) Public pools shall have a certified swimming pool opera-
tor within five (5) minutes call at all times the pool is open
(c) Toilet and shower facilities shall be provided on the
basis of the following fixture schedule
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MALES FEMALES
Water Closets 1/75 1/50
Urinals 1/75 0
Lavatories 1/100 1/100
Showers (Minimum of Two) 1/50 1/50
(d) All persons using the swimming pool shall take a cleans-
ing shower bath before entering the swimming pool room or enclosure
(e) A daily log of activities to include as a minimum a re-
cord of the readings of the pH and chlorine residual every two
hours the pool is open will be required
SECTION 5-183 - REQUIREMENTS FOR SEMI-PUBLIC POOLS
In addition to the requirements recorded in Section 5-181,
semi-public pools will comply with
activities to include as a minimum
pH and chlorine residuals at least
activity will be maintained A mo
quired by the Health Authority and
vidual scheduling and needs basis
the following A daily log of
a record of the readings of the
daily during the period of peak
^e frequent recording may be re-
will be determined on an indi-
SECTION 5-184 - DISINFECTION AND QUALITY OF WATER
(a) Swimming pools in use shall be continuously disinfected
by a chemical which can be easily measured for residual effect
If chlorine or other halogens are used, residuals of equivalent
disinfecting strength shall be maintained A testing kit for mea-
suring the concentration of the disinfectant, accurate within 0 2
ppm shall be provided at each swimming pool The Health Authority
may accept other disinfecting materials or methods when they have
been adequately demonstrated to provide a satisfactory residual
effect which is easily measured and to otherwise be equally as
effective under conditions of use as the chlorine concentration
required herein, and not be dangerous to public health, create
objectionable physiological effects, or impart toxic properties
to the water
(b) The swimming pool water shall be maintained in an alka-
line condition as indicated by a pH of not less than 7 2 and not
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over 8 2 A pH testing kit accurate to the nearest 0 2 pH unit
shall be provided at each swimming pool The alkalinity of the
water shall be at leatt 50 ppm as measured by the methylorange
test
(c) All samples shall be collected, dechlorinated, and
examined in accordance with the procedures outlined in the latest
edition of the Standard Methods for the Examination of Water and
Wastewater (APHA) Bateriological water sample results will be
made known to the owner or his representative with recommendations
if any Chemicals used in controlling the quality of water shall
be demonstrated as imparting no toxic properties to the water
Chemicals used for algae control shall be approved by the Health
Authority
SECTION 5-185 - PENALTY
Any person who violates any provision of this ordinance shall
be guilty of a misdemeanor punishable by a fine of not less than
Ten ($10 00) Dollars nor more than Two Hundred ($200 00) Dollars
at the discretion of the Court having jurisdiction Each and every
violation of the provisions of this ordinance shall constitute a
separate offense and each day of such violation shall constitute
a separate offense
PART II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
PART III
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
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twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of
its passage
~i8e0e
PASSED AND APPROVED This the a~ day of ,
A D 1975
ATTEST
R
OLT,- UITAYS4;_y~
C TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
TPAUL C ISHAM, CITY ATTORNEY
CITY OF DENTON, TEXAS
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