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Ord 015-92 3/3/1992 ORDINANCE NO. /5)-17-.;P ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO CREATE ARTICLE VIII, REGULATING POOLS, SPAS AND OTHER WATER RELATED ACTIVITIES; AND REPEALING CHAPTER 22, ARTICLE IV OF THE CODE OF ORDINANCES. WHEREAS, it is the desire of the City Council to adopt certain regulations concerning wading pools, spas, whirlpools, and the construction of public and semipublic swimming pools; and, WHEREAS, it is the desire that such regulations be contained in Chapter 18 of the Code of Ordinances; and, WHEREAS, the adoption of such regulations are done for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Chapter 22, Article IV is hereby repealed in its entirety. Chapter 18, Article VIII is hereby created to read as follows: ARTICLE VIII. PUBLIC AND SEMIPUBLIC WATER RELATED ACTIVITIES Sec. 18-108. Definitions. When used in this article, these terms shall be defined as follows: Administrative authority: The environmental health department, which shall have enforcement responsibility for this article. City: The City of Wichita Falls, Texas. District manager: The district manager of the public health district or his authorized representative. Free chlorine residual: The chlorine concentration, in parts per million units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammoniacal compounds after the initial chlorine demand of the water has been satisfied. Lifeguard: An individual who has successfully completed and is currently certified in American Red Cross Lifeguard Training. Manager of operations: The person primarily responsible for the safe, sanitary maintenance of a public or semipublic pool, spa, water slide and/or whirlpool. Permit holder: A local person who has an ultimate responsibility for the operation of any pool, spa, water slide, L f _ 2. whirlpool or other related water activity regulated herein, and who shall, in all respects, act as the representative for any entity having an ownership interest in the same. Portable pool: A prefabricated pool which may be erected at the point of intended use and which may be subsequently disassembled and reerected at a new location, generally installed on the surface of the ground and without excavation. Public bathhouse: An establishment intended for use by the general public, a group of people, for swimming, bathing or other related purposes. Public pool: Any pool, spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. Semipublic pool: Any pool, spa or water slide located on the premises of a hotel, motel, trailer court, apartment building, private club, townhouse complex, condominium or other similar establishment. Spa: Therapeutic pool, hydrotherapy pool, whirlpool, hot tub and similar type pools which may not be drained, cleaned and refilled for each individual. Wading pool: A shallow pool used by children for wading. Water slide: Any recreational water slide flume designed to provide a descending ride into a splashdown pool at the base of the slide. • 3. Sec. 18-109. Application fee; operational permit. (a) Application. A person shall not operate a public or semipublic pool, spa, water slide and/or public bathhouse, indoor or outdoor, without first completing an application form provided by the environmental health department, Wichita Falls/Wichita County Public Health District, and submitting a permit fee. A separate application shall be submitted for each pool or spa. The administrative authority shall issue a permit to an applicant if a qualified manager of operations has been designated and the fee has been paid. The amount of the fee is Seventy ( $70.00) Dollars for each pool or spa owned or operated by an applicant at one ( 1) location. The fee is due on or before the first day of April of each calendar year and shall not be refunded. Operational permits shall expire on March thirty-first of each year. (b) Certification of manager of operations. (1) A manager of operations of a public or semipublic pool or spa shall obtain certification from the administrative authority. A manager of operations may obtain certification by successfully completing a training course conducted by the administrative authority. Upon the successful completion of two (2) consecutive training courses, a manager of operations will not be required to attend further training courses and • 4. shall be certified upon proof of the completion and payment of the annual fee. If a person designated by an owner as manager of operations of a pool or spa is not certified he shall attend and successfully complete the next training course conducted after his designation. ( 2) At least two (2) certification training programs will be conducted per year. The fee for certification of a manager of operations shall be Thirty ( $30.00) Dollars, and the certification shall expire March thirty-first of the year following its issuance. Sec. 18-110. Inspections, maintenance and operation. (a) Inspections. The administrative authority is authorized to conduct such inspections as he deems necessary to ensure compliance with all provisions of this article. He shall have the right of entry at any reasonable hour upon the premises where a public or semipublic pool or spa is located. He shall have the authority to collect water samples from the pool or spa. (b) Maintenance and operation. ( 1) Every public and semipublic pool or spa shall be under the supervision of the permit holder, who shall be responsible for compliance with all parts of this article relating to pool or spa maintenance, pool or spa operation and safety of 5. swimmers. It shall be unlawful for such permit holder to cause or permit the existence of a condition which is in violation of any part of this article. ( 2) All pumps, filters, sanitizers and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semipublic pools, spas, water slides and/or public bathhouses shall be maintained in a good state of repair. (3 ) All public and semipublic pools or spas shall be treated and maintained in accordance with the following standards: a. Every pool shall contain a sanitizer concentration equivalent to a free chlorine residual of 1. 0 PPM. Every spa shall contain a sanitary concentration equivalent to a free chlorine residual of 3 . 0 PPM minimum. A test kit for measuring the concentration of the free chlorine shall be present at each pool or spa. Use of any sanitizer other than chlorine must be approved by the administrative authority. b. Every pool or spa shall have water with a pH of not less than 7. 2 and not more than 7.8. An adequate pH test kit shall be present at 6. each pool or spa. If a pool or spa test shows an acid reaction, then the pool or spa shall be immediately closed to the public. c. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. Two ( 2) consecutive samples showing organisms of coliform will be grounds for immediate closure of the pool or spa. d. Every pool or spa shall have water clarity sufficient for the main drain or a six-inch diameter turbidity test disk placed at the deepest part of the pool or spa to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool or spa. e. Every pool or spa shall be free of scum and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. f. The recirculatory system of a public or semipublic pool or spa must be in operation and properly maintained at all times when the pool or spa is in use. All pools and spas shall be equipped with a recirculation system 7. consisting of pumps, piping, filters and other accessory equipment which will clarify and sanitize the pool or spa water in six ( 6 ) hours or less, thus providing a minimum turnover rate of at least four ( 4 ) times in twenty-four (24) hours. Failure to meet these requirements shall be sufficient cause for immediate closure of the pool or spa. g. Water introduced into the pool or spa shall be supplied through an approved air gap. Any other method of introducing water into the pool or spa system must comply with the Uniform Plumbing Code of the City of Wichita Falls [Appendix B, Article I of this Code] . h. Areas surrounding a public or semipublic pool or spa, including bathhouses, dressing rooms, toilets, shower stalls and lounging areas, shall be kept clean and in a state of good repair at all times. i. All swimming pool or spa backwash and drainage water shall be disposed of in accordance with the provisions of Section 32- 121 et seq. of this Code. j . Cleaning. The walls, floors, equipment and appurtenant facilities of a spa or public or • 8. semipublic pool must be maintained in a clean and sanitary condition at all times. ( 4) All public and semipublic wading pools shall be treated and maintained the same as public and semipublic pools, except for the following: a. The recirculation system must have a turnover rate of two ( 2 ) hours minimum. b. An antivortex grate shall be placed over bottom drains. (5) All public and semipublic spas and whirlpools shall be treated and maintained in accordance with the following standards: a. Every spa and whirlpool shall contain a sanitizing concentration equivalent to a free chlorine residual of 3 . 0 PPM minimum. A test kit for measuring the concentration of the free chlorine shall be present at each facility. b. The temperature of any public/semipublic spa and hot tub shall not be maintained greater than one hundred four ( 104 ) degrees Fahrenheit. c. A fifteen-minute maximum timer will be installed and operational. The timer must be located so that it cannot be reached unless a person exits the spa or whirlpool. 9. d. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. Two ( 2 ) consecutive samples showing organisms of coliform will be grounds for immediate closure. e. Every spa and whirlpool shall have a pH of no less than 7.2 and no greater than 7. 8. An adequate pH test kit shall be present at each spa and whirlpool. f. Every spa and whirlpool shall have water clarity sufficient to see the main drain. g. Every spa and whirlpool shall be free of scum, foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. h. Water introduced into a spa and whirlpool shall be supplied through an approved air gap, and any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of Wichita Falls [Appendix B, Article I of this Code] . • 10. i. A sign shall be placed in distinct view of occupants of the spa and whirlpool, reading as follows: "1. Children shall not use whirlpool and spa without adult in attendance. 2. If you are taking any prescription medication or have any circulation problem, please consult your physician before entering spa/whirlpool. 3. No glass is allowed in spa/whirlpool area. 4. Persons should not consume alcohol before or during the use of spa/whirlpool. 5. It is not advisable to enter a whirlpool or spa alone without adequate supervision. " Sec. 18-111. Health and safety provisions. (a) Where no lifeguard service is provided at a public swimming pool or wading pool, a warning sign shall be placed in plain view and shall state "WARNING, NO LIFEGUARD ON DUTY. CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE, " with clearly legible letters at least four ( 4) inches high. • 11. (b) The following safety equipment shall be readily available at all public and semipublic pools, excluding spas and water slides, during all times they are open for use: ( 1) A life pole or shepherd' s crook type of pole, having blunted ends, with a minimum length of twelve ( 12) feet; or a ring buoy of not more than fifteen ( 15) inches in diameter to which shall be attached a throw line at least the length of the maximum width of the pool. (2) A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth is encouraged. ( 3 ) A regulation-type backboard (spinal injury) shall be provided at all life-guarded pools (size eighteen [18] inches by seventy-two [72] inches, made with three- fourth' s inch grade marine plywood [varnished] or aluminum. ) Rigid cervical collars, one size for adults and one size for children, shall be stored with the backboard. Cravats, straps with buckles or velcro, shall be attached to the backboard ready to use. Padding, such as a towel or blanket or a commercially available head immobilization device, shall be with the backboard. (c) Semipublic pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a L 12. warning sign which states "WARNING, NO LIFEGUARD ON DUTY, " with clear, legible letters at least four (4) inches in height. In addition, the sign shall also state "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE. " (d) A sign shall be placed in distinct view of swimmers at all semipublic pools giving the emergency telephone number of the police department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. (e) Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than twenty-five- foot intervals around the entire perimeter of the pool. Markings must be in numerals of a minimum height of four ( 4) inches. ( f) Main drain. The grating of the main drain outlet should be easily visible. Drains not constructed of shiny metal should be of contrasting color. (g) All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well ventilated place, out of the reach of children, and should be kept in a locked room. • 13 . Sec. 18-112. Regulations in pool, spa and whirlpool area; suspension. (a) Regulations in pool, spa and whirlpool area. A person commits an offense if he/she: ( 1) Allows an animal under his/her control to enter or remain within the pool or spa area or pool enclosure of a public or semipublic pool; or (2 ) Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semipublic pool; or ( 3 ) Works at a P ublic or semipublic pool while infected with a communicable disease; or ( 4 ) Alters or removes safety equipment from a public or semipublic pool except in an emergency; or ( 5 ) Carries glass within a public or semipublic pool or spa area or enclosure. (b) Failure to comply. Failure to comply with any section of this article may result in the immediate closure of the pool or spa and/or the initiation of legal action. Upon determination that the pool or spa does not comply with the provisions of this article, the administrative authority shall notify the permit holder the existing violations. If the administrative authority determines that the condition of the pool or spa is hazardous to the health or safety of the swimmers or of the general public, the pool or spa shall be immediately closed. A reinspection of • 14. the pool or spa will be conducted during the regular working hours of the Wichita Falls Health Department at the request of the pool manager of operations or the permit holder. If compliance has been achieved, the permit holder shall be notified that the pool or spa may be opened. (c) Violation of closure order. When the administrative authority has ordered that a pool or spa be closed due to noncompliance with any provision of this article, the permit holder shall not allow the pool or spa to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool or spa for such purposes. By way of example and without limiting such duty, the permit holder shall: ( 1) Immediately post notices reasonably likely to come to the attention of P otential users of the pool or spa advising of the closure; and ( 2) Shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. Whenever the pool or spa is closed, the administrative authority shall cause a sign to be posted at the pool which states, "POOL CLOSED BY ORDER OF THE HEALTH DEPARTMENT. " It shall be unlawful to remove, cover or mutilate such sign without the approval of the administrative authority. Use of the pool or spa by an individual for swimming, diving or bathing purposes after the administrative authority has ordered such pool or spa • 15. to be closed shall be deemed prima facie evidence that the permit holder of said pool or spa has knowingly allowed the pool or spa to be used for such purposes. (d) Suspension. (1) The administrative authority shall suspend a permit to operate a public or semipublic pool, spa, and/or bathhouse if: a. The annual permit fee is not paid; or b. A permit holder fails to designate and retain a certified manager of operations as specified in this article; or c. The condition of a pool or spa is hazardous to the health or safety of swimmers or the general public; or d. The permit holder fails to keep all pool or spa equipment and devices working properly. (2 ) The suspension shall continue until the cause of suspension is corrected. Sec. 18-113. Construction compliance. The construction of public and semipublic swimming pools shall comply with the current design standards as established by the Texas Department of Health. A copy of the standards shall be maintained in the office of the administrative authority. Public swimming pools constructed before the adoption of the Texas Department of Health design standards shall be exempt from this I 16. section, unless such pools or spas are extensively remodeled or repaired. Any extensive remodeling or repair, including the replacement of filters, pumps or piping, shall comply with Texas Department of Health Standards. Sec. 18-114. Penalty; conflicting laws repealed. (a) Any person, firm or corporation who shall violate any of the provisions of any section or subsection of this article shall be fined not less than Fifty ($50.00) Dollars nor more than Two Hundred ($200. 00) Dollars, and each day of such violation shall constitute a separate offense. (b) The provisions of the article are to be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict with any of the provisions of this article are hereby expressly repealed to the extent of any such inconsistency or conflict. PASSED AND APPROVED this the -Y day of 4idt/Z-4/ , 1992. M A Y O R ATTEST: City Clerk -, .Y. - ., s+ • �.. s y. r . Ad458406 Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this 13th March day of A.D. 1992 personally appeared before me, the undersigned authority ORDINANCE NO.4-92 Karen Cobb bookkeeper ORDINANCE CLOSING HEAR- ING AND FINDING CERTAIN for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls BUILDINGS AND/OR STRUC- TURES .TO BE DANGEROUS: COMMANDING PROPERTY Times/Record News, a newspaper published at Wichita Falls in Wichita County,' OWNERS TO REPAIR OR DE- MOLISH SAID BUILDINGS Texas, and upon being duly sworn by me, on oath states that the attached AND/OR STRUCTURES WITHIN THIRTY(30)DAYSOFTHEDATE advertisement is a true and correct copy of advertising published OF THIS ORDINANCE AND DECLARING ANCENO.S-92CY , in 1 (one) issues thereof on the following dates: ORDINANCE WAIVING SEC- TION 22-1(a)(9)AND SECTION March 13, 1992 22-4 OF THE CODE OF ORDI- , NANCES TO PERMIT BANNERS AND POSSESSION AND CON- / J BEVE A E OF SER ALCOHOLIC s A � / !' G BEVERAGES AND RESERVATION L..,.�.°"'^°" """" /( 1 FFFrrr OF A PORTION OF THE PARK BY THE AMERICAN CANCER SO- ),, f8_ $ Bookkeeper for Times Publishing Company CIETY IN HAMILTON PARK. ORDINANCE NO.6-92 of Wichita Falls ,, ORDINANCES WAIVING SEC- TION 22-1(a)(9)AND SECTION 22-4 OF THE CODE OF ORDI- y • NANCES TO PERMIT BANNERS EAL) Subscribed and sworn to before me this the day and year first above written. AND POSSESSION AND CON-, SUMPTION OF ALCOHOLIC BEVERAGES AND RESERVATION I - OF A PORTION OF HAMILTON .d,., ..,,,Awwfs.v PARK ON MARCH 21, 1992, /�>"G,_s�--� ,, ��{_ DURING THE ANNUAL EASTER I 5. .5� 0 SEAL RUN. rk ,°` 'V- C+ ORDINANCE NO.7-92 i ■ AN ORDINANCE REZONING A .r "'- f 3.33 ACRE TRACT OUT OF LI1L 2,14")6,6- i'. BLOCK 9, DENTON COUNTY ,°60°P'11"'"'"10'‘''"'"4/ SCHOOL LANDS, LEAGUE 1 (PORTION OF 4720 KELL FREE- ' WAY, WICHITA FALLS, TEXAS ' FROM SINGLE-FAMILY RESIDEN- . TIAL (SF-2) ZONE, TO MULTI- FAMILY RESIDENTIAL (MFR) I ZONE(R-92-02) • ORDINANCE NO.8-92 AN ORDINANCE REZONING A 0.5 ACRE TRACT OF LAND OUT OF BLOCK 9,DENTON COUNTY SCHOOL LANDS, LEAGUE 1 (PORTION OF 4720 KELL FREE- WAY), WICHITA FALLS, TEXAS FROM SINGLE FAMILY RESIDEN- TIAL,(SF-2)ZONE,TO GENERAL COMMERCIAL (GC) ZONE (R-92-01) ORDINANCE NO.9-92 ( ORDINANCE MAKING AN AP- PROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND ........ •..n •.ITUAa171W: - . 1 ORDINANCE NO.9-92 ORDINANCE MAKING AN AP- PROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS 5+ FROM UNDESIGNATED FUND BALANCE ORDINANCE NO.10-92 ORDINANCE APROPRIATING $2,500.00 IN HOTEL/MOTEL FUNDS FOR THE RENTAL OF A SECURITY FENCE TO BE USED AT THE ACTIVITIES CENTER DUR- ING THE COUNTY FAIR ORDINANCE NO.11-92 ORDINANCE AMENDING SEC- TION 22-90-94 OF THE CODE OF ORDINANCES CHANGING THE SOFTBALL COMPLEX OPERAT- ING PROCEDURES. ORDINANCE NO.12-92 AN ORDINANCE AMENDING SECTIONS 14-62, 14-83 AND 14-84 OF THE CODE OF ORDI- NANCES OF THE CITY OF WICHITA FALLS, TEXAS IN ORDER TO UPDATE THOSE SEC- TIONS OF THE CITY ELECTRICAL CODE. ORDINANCE NO.13-92 AN ORDINANCE WHEREBY THE CITY OF WICHITA FALLS,TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT,FOR THE PURPOSE OF OP- T ERATING ITS TELE- COMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONTINUE TO MAIN- TAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSI- CAL PLANT AND AP- PURTENANCES IN, ALONG, ACROSS,ON,OVER,THROUGH, ABOVE,AND UNDER ALL PUBLIC STREETS, AVENUES, HIGH- WAYS, ALLEYS, SIDEWALKS, I BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDI- NANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBUC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF- WAY FOR THE TELEPHONE COMPANY'S TELE- COMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE;SPECIFYING GOVERN- ING LAWS AND UMITATIONS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDI- NANCES; PROVIDING FOR FU- ' TURE CONTINGENCIES; PROVIDING FOR WRITTEN AC- CEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR AN EF- FECTIVE DATE. ORDINANCE NO.14-92 AN ORDINANCE REZONING LOT 6& 10 FT.OF LOT 7,BLOCK 1, NELSON STONE SUBDIVISION (2010 ALIEN ROAD), WICHITA FALLS, TEXAS FROM SINGLE FAMILY RESIDENTIAL (SF-2) ZONE, TO GENERAL COM- MERCIAL(GC)ZONE(R-92-03) ORDINANCE NO.15-92 ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO CREATE ARTICLE VI I 1, REGULATING POOLS, SPAS AND OTHER WATER RELATED ACTIVITIES; AND REPEALING CHAPTER 22, ARTICLE I V OF THE CODE OF ORDINANCES. ORDINANCE NO.16-92 AN ORDINANCE WAIVING SEC- TION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW, AND AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE AND BEER PURSUANT TO SECTION 5420(5) OF THE ZONING ORDINANCE, AT THE NOTRE DAME HIGH SCHOOL HIGH SCHOOL 16TH ANNUAL SPRING FESTIVAL ON MAY 1-3, 1992