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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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 -7- 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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