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Ord 24-2022 Adopt 2018 International Swimming Pool and Spa Code 07/19/2022 Ordinance No. 24-2022 Ordinance amending Chapter 22 Article X of Buildings and Building Regulations to formally adopt the 2018 International Swimming Pool and Spa Code, and making grammatical and semantic clarifications, and providing for codification WHEREAS, City Staff recommends moving forward with the 2018 International Swimming Pool and Spa Code (ISPSC) with local amendments; and, WHEREAS, the 2018 ISPSC is formally adopted by the State of Texas as codified in Texas Local Government Code - Section 214.103. International Swimming Pool and Spa Code; and, WHEREAS, staff and members of the Construction Board of Adjustment and Appeals (CBOA) have met with local pool contractors and stakeholders on March 7 and May 19, 2022, to discuss possible adoption of the ISPSC; and, WHEREAS, both City staff and the CBOA has formally recommended to the City Council adoption of the 2018 ISPSC with local amendments; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The following amendments to Article X of Chapter 22 of the City's Code of Ordinances, Buildings and Building Regulations, to formally adopt the 2018 International Swimming Pool and Spa Code and existing local amendments. ARTICLE X. SWIMMING POOLS* Sec. 22-676. International Swimming Pool and Spa Code adopted by reference. The International Swimming Pool and Spa Code (ISPSC) 2018 edition, published by the International Code Council (ICC), is adopted by reference as though copied fully in this section. Sec. 22-677. Changes, Deletions and Amendments. a. Where a pool is open to the public the following requirements apply in addition to any ISPSC requirements: i. Texas Administrative Code, Title 2,5 Chapter 265, Subchapter L and M; ii. Texas Health and Safety Code Sections 341.064, 341.0645, and 341.0695. b. Where a pool is owned, controlled, or maintained by the owner of a multi-unit rental complex or by a property owners association the following requirements apply, in addition to any ISPSC requirements: i. Texas Health and Safety Code Chapter 757 c. Where a public pool is in operation, Carbon Monoxide Detectors shall be provided in equipment rooms when fuel-fired equipment is housed inside the equipment room. Sec. 22-678. Fences required; specifications. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, shall at all times maintain upon the lot or premises on which the swimming pool is located and completely surrounding the swimming pool, lot or premises a fence, wall or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall not be less than four feet in height, with no openings therein, other than doors or gates, larger than six inches square. All such doors opening directly into such enclosure shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use. Such latching device shall be attached to the upper quarter of the gate or door. However, the door of any dwelling occupied by human beings and forming any part of the enclosure need not be so equipped. It shall be unlawful to maintain any swimming pool in the city which is not fenced in accordance with this section. (1966 Code, sec. 7-1; 2001 Code, sec. 22-676) Sec. 22-679. Compliance with plans. All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of section 22-676, and the final inspection and approval of all pools constructed shall be withheld until all requirements of section 22-676 shall have been complied with by the owner, purchaser under contract, lessee, tenant or licensee. (1966 Code, sec. 7-2; 2001 Code, sec. 22-677) Secs. 22-680-22-699. Reserved. 2. The amendments established by this ordinance shall be made available to the public through the Office of the City Clerk, and be published online in such a manner as to be available to the public. 3. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 4. This ordinance shall take effect 30 days following its approval by City Council and it is so ordained. PASSED AND APPROVED this 19th day of July 2022. ''�v��'' -MAYOR ATTEST: B6iH City Clerk CBOA SUB-COMMITTEE NOTES ISPSC CODE ADOPTION March 7, 2022 PRESENT: Tanner Wachsman •CBOA Member Pam Hughes Pak •Atmos Monty Priddy •Priddy Electric JP Price •Priddy Electric Jose Garcia •Garcia Const. Terry Floyd,Development Services Director •City Staff Wayne Smith, Chief Building Official ♦ Stephanie Taylor, Sanitarian,Health Department • Christal Ashcraft,Development Services Assist. ♦ *The purpose of the Code Adoption Meetings are to discuss the new code and recommendations to the Construction Board of Adjustments(CBOA) in the future. I. 2021 INTERNATIONAL SWIMMING POOL & SPA CODE (ISPSC) ADOPTION Mr. Wayne Smith gave a brief introduction and introduced staff and guests. Mr. Smith advised the City of Wichita Falls had not previously adopted the 2018 ISPSC as the state had and, therefore, there were no significant changes books to review and also no current amendments in place. Mr. Smith went through names of chapters and stated there were not many changes from 2018 to 2021 code that he was recommending to adopt. Mr. Smith stated there were many references back to other codes for electrical and plumbing. II. Proposed Amendment(s) • 324.8.2.3 Combustion Equipment Interior Equipment Storage Mr. Smith advised there was one proposed amendment to the 2021 code under Section 324.8.2.3, that stated, "Pool equipment stored in a storage area with a gas fired heater will be required to have a carbon monoxide detector installed". Mr. Smith and Ms. Stephanie Taylor discussed the changes the Department of Health Services and the City Health Department were making. It was noted that if anyone was to encounter a situation where there was a conflict between the Health Department and what the ICC stated to contact Mr. Smith. He will be tracking those conflicts along with any situations (as long as it was not a life or safety issue) that do not fit with the City of Wichita Falls for future proposed amendments. It was also noted the Health Department does not regulate residential pools and spas. III. Next Meeting April 14th, 2022, 1 p.m. CBOA SUB-COMMITTEE NOTES ISPSC CODE ADOPTION May 19, 2022 PRESENT: Cody Parks •Guest Bill Byrd •Guest Chris Scott •Guest Rick Dixon •Guest Syd Litteken •Guest Terry Floyd,Development Services Director •City Staff Wayne Smith, Chief Building Official ♦ Martin Wolfe,Plumbing Inspector ♦ Stephanie Taylor, Sanitarian,Health Department ♦ Christal Ashcraft,Development Services Assist. ♦ *The purpose of the Code Adoption Meetings is to discuss the new code and recommendations to the Construction Board of Adjustments(CBOA) in the future. IV. INTRODUCTION Mr. Terry Floyd gave a brief introduction on the State adopted 2018 International Swimming Pool & Spa Code. Mr. Floyd stated the City of Wichita Falls has no adopted ISPSC and the State-adopted minimum is the 2018 ISPSC. Mr. Wayne Smith stated local amendments could be provided. Mr. Floyd advised discussions on adopting the 2021 ISPSC were started previously, but the Construction Board of Adjustments (CBOA) voted to cease pursuit of the adoption of the 2021 ICC codes, except for the ISPSC, which is anticipated to be considered for recommendation by the CBOA on June 13tn Introductions of staff were given and also guests present. V. INTERNATIONAL SWIMMING POOL & SPA CODE (ISPSC) ANALYSIS Mr. Smith advised that the City of Wichita Falls had not previously adopted any ISPSC as the state had, and, therefore, there were no significant changes books to review and also no current amendments in place. Mr. Smith stated there were not a lot of changes from the State adopted 2018 ISPSC and the 2021 ISPSC. Most if any were transcribed from 2018 version and there would be a risk of being in conflict with State Health Codes with significant changes. Mr. Smith advised amendments could be made, however, he noted anything in the ISPSC is superseded by the State Health Department. VI. PROPOSED AMENDMENT • 324.8.2.3 Combustion Equipment Interior Equipment Storage Mr. Smith advised there was one proposed amendment to the code that was requested by the Health Department in Section 324.8.2.3. That section states that"Pool equipment stored in a storage area with a gas fired heater will be required to have a carbon monoxide detector installed". Ms. Taylor stated that unless the amendment is passed by City Council, the Health Department could only recommend the installation of the carbon monoxide detector; they could not require installation. Mr. Smith advised if adopted, this requirement would only be for new construction and renovations. The City does not make current pools install the detector, nor does the Building Inspections Department do retroactive inspections on pools, unless it is a life or safety issue. Mr. Smith stated currently everything goes through the Health Department. A guest asked if front motors had to be GFI protected, and that some pools were over 50 years old, do they have to be GFI protected? Mr. Smith advised ISPSC stated if it was legal at the time of installation then it was in compliance. State rules require updating on commercial items. An inspection is required if new equipment is installed, but if a contractor is changing a component such as a breaker, no inspection is required. Mr. Smith stated staff had no issues adopting the 2018 ISPSC, however, the State in 2023, may adopt the 2021 codes. At that time, the City may then consider adoption of the 2021 ISPSC. Mr. Smith advised there was not much change from the 2018 to the 2021 code, it was mostly clarifying language, except for equipment rooms and what can be stored in them. A guest asked if pool installers had to be licensed. Mr. Smith stated anyone can install a pool up to where it taps into the plumbing with no license. A guest asked about regulations for marines and docks. Mr. Smith stated those fall under the County/State inspections. Another question asked was regarding required fencing. Mr. Smith stated there are fencing regulations in the 2021 ISPSC for pre-digs to have barriers in place to keep people from falling in. Mr. Smith asked if there were any concerns/questions/input. A guest asked why carbon monoxide detectors were required if chlorine was not allowed to be stored in the same area. Mr. Smith clarified, carbon monoxide detectors were only required if there were gas fired equipment in the same storage area. It was also noted the Health Department does not regulate residential pools and spas. • Meeting Ended @ 10:47am.