Loading...
Ord 30-90 5/15/1990 ORDINANCE NO. .347.- AN ORDINANCE AMENDING ORDINANCE 2-85 OF THE CITY OF WICHITA FALLS TO PROVIDE FOR THE REGULATIONS ON WADING POOLS, SPAS, WHIRLPOOLS AND THE CONSTRUCTION OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS. WHEREAS, it is the desire of the City Council to adopt certain regulations concerning wading pools, spas, whirlpools and the construction of public and semi-public swimming pools 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: ORDINANCE 2-85 is hereby amended to read as follows: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS THAT: SECTION 1 : DEFINITIONS DEFINITIONS. When used in this Section, these terms shall be defined as follows: Administrative Authority. Means the Water Pollution Department shall have enforcement responsibility for- this Ordinance. City. Shall mean the City of Wichita Falls, Texas. District Manager . Shall mean the District Manager of the Public Health District , or his authorized representative. 1 ` Diving Towers . A structure typically higher than its diameter and higher relative to its surroundings for training purposes. Free Chlorine . Shall mean the chlorine concentration, in milligrams per liter (mg/1 ) 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. Shall mean an individual who has successfully completed and is currently certified in American Red Cross Lifeguard Training . Manager_ . Shall mean the person primarily responsible for the safe, sanitary maintenance of a public or semi-public pool , spa, water slide and/or whirlpool . Permit Holder. Shall mean a local person who has an ultimate responsibility for the operation of any pools or related water activity regulated herein, and who shall in all respects act as the representative for any entity having an ownership interest in same. . Shall mean a prefabricated pool which may be erected at the point of intended use and which may be subsequently disassembled and re-erected at a new location, generally installed on the surface of the ground and without excavation. 2 � , Private Pool . Shall mean any swimming pool , located on private property and limited to swimming or bathing by members of his or her family or their invited guest (s) . Public Bath . Shall mean an establishment intended for use by the general public , a group of people, for swimming , bathing , or other related purposes. Public . Shall mean 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. Semi-public . Shall mean any pool , spa or water slide located on the premises of a hotel , motel , trailer court , apartment building , private club, town house complex , condominium or other similar establishment . Spa. pool , " "hydrotherapy l " ��. Shall mean "therapeutic poo , pool , " "whirlpool , " "hot tub ' and similar type pools which may not be drained , cleaned and refilled for each individual . Wading Pool . Shall mean a shallow pool used by children for wading. . Shall mean any recreational water slide flume designed to provide a descending ride into a splash-down pool at the base of the slide. 3 Whirl.pmol. Shall mean water moving rapidly in a circle, a magnetic or impelling force. SECTION 2: APPLICATION PERMIT A person shall not operate a public or semi-public pool , spa, diving tower, water slide and/or public bath house, indoor or outdoor, without first completing an application form provided by the Water Pollution Division, Wichita Falls/Wichita County Public Health District and submitting a permit fee. A separate application shall be submitted for each water pool for which an operational permit is sought . 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 $70.00 for each water pool owned or operated by an applicant at one 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 31st of each year Certification of Manager of Operations A. A Manager of Operations of a public or semi-public pool 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 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 is not 4 . . / . ^ .. certified , he shall attend and successfully complete the next training course conducted after his designation. B. At least two (2) certification training programs will be conducted per year The fee for certification of a manager of operations shall be $ 30.00 and the certification shall expire March 31 of the year following it issuance. SECTION 3: INSPECTIONS, MAINTENANCE ION Inspections The Administrative Authority is authorized to conduct such inspections as he deems necessary to ensure compliance with all provisions of this ordinance. He shall have the right of entry at any reasonable hour upon the premises where a public or semi- public pool is located. He shall have the authority to collect water samples from the pool . Maintenance ation Every public and semi-public pool shall be under the supervision of the permit holder , who shall be responsible for compliance with all parts of this Ordinance relating to pool maintenance, pool operation and safety of 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 Ordinance. B. All pumps, filter , disinfectant and chemical feeders, drains, ladders, lighting , ropes and appurtenant equipment used in the operation of all public and semi-public pools, spas, 5 I . ' : ^ � diving towers, water slides, and/or public bath houses shall be maintained in a good state of repair. C. All public and semi-public pools shall be treated and maintained in accordance with the following standards: 1 . Every pool shall contain a disinfection concentration equivalent to a free chlorine residual of 1 .0 mg/1 minimum. A test kit for measuring the concentration of the free chlorine shall be present at each pool . Use of any disinfectant other than chlorine must be approved by the Administrative Authority. 2. Every pool shall have water with a pH of not less than 7.2 and not more than 8.0. An adequate pH test kit shall be present at each pool . If pool test shows an acid reaction, then the pool shall be immediately closed to the public . If the Administrative Authority closes the pool for this reason, a permit fee shall be collected before the pool is reopened to the public . 3. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. Two consecutive samples showing organisms of conform will be grounds for suspension of the permit. Reinstatement of a permit will be granted only after a satisfactory water sample report and a payment of $70.00 for the permit fee. 4. Every pool shall have water clarity sufficient for viewing the main drain, or a six inch (6" ) diameter turbidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool . 6 ` - 5. Every pool 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. 6. The recirculatory system of a public or semi-public pool must be in operation and properly maintained at all times when pool is in use All pools shall be equipped with a recirculation system consisting of pumps, piping , filters and other accessory equipment which will clarify and disinfect the pool volume of water in 8 hours or less, thus providing a minimum turnover rate of at least 3 times in 24 hours. Failure to meet these requirements shall be sufficient cause for immediate closure of the pool . 7. Water introduced into the pool shall be supplied through an approved air gap . Any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of Wichita Falls. 8. Areas surrounding a public or semi-public pool , including bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. 9. All swimming pool backwash and drainage water shall be disposed of in accordance with the provisions of the City Industrial Waste Ordinance 83-71 . 10. Cleaning. The walls, floors, equipment and appurtenant facilities of a spa or public or semi-public pool must be maintained in a clean and sanitary condition at all times. 7 - � D. All public and semi-public wading pools shall be treated and maintained the same as public and semi-public pools except for the following : 1 . The recirculation system must have a turn over rate of two (2) hours minimum. R. An Anti-Vortex grate shall be placed over bottom drains. E. All Public and Semi-public spas and whirlpools shall be treated and maintained in accordance with the following standards. 1 . Every spa and whirlpool shall contain a disinfection concentration equivalent to a free chlorine residual of 2.0 mg/1 minimum. A test kit for measuring the concentration of the free chlorine shall be present at each facility. 2. The temperature of any public/semi-public spa and hot tub shall not be maintained greater than 104 degrees Fahrenheit . A fifteen ( 15) minute maximum timer will be installed and operational . The timer must be located so that it can not be reached unless a person exits the spa or whirlpool . 4. The presence of organisms of the conform group in any sample shall be deemed unacceptable water quality. Two consecutive samples showing organisms of conform will be grounds for suspension of the permit . Reinstatement of a permit will be granted only after a satisfactory water sample report and a payment of $70.00 for the permit fee. 8 . 5. Every spa and whirlpool shall have a pH of no less than 7.2 and no greater than 8.0, an adequate pH test kit shall be present at each spa and whirlpool . 6. Every spa and whirlpool shall have water clarity sufficient to see main drain. 7. 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. 8. Water introduced into a spa and whirlpool shall be supplied through and approved air gap and any other method of introducing water into the pool system must comply with Uniform Plumbing Code of the City of Wichita Falls. 9. A sign shall be placed in distinct view of occupants of spa and whirlpool , reading as follows: A. Children shall not use whirlpool and spa without adult in attendance. B. If you are taking any prescription medication or have any circulation problem please consult your physician before entering spa/whirlpool . C. No glass is allowed in spa/whirlpool area. D. P ersons s h ou ld no t co n su me alcohol before or during the use of spa/whirlpool . 9 E. It is not advisable to enter a whirlpool , or spa alone without adequate supervision. SECTION 4: 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 . B. The following safety equipment shall be readily available at all public and semi-public 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 . P. A guard line rope separating the shallow portion of the pool from the deep portion at the break point depth is encouraged . 3. A regulation type backboard (spinal injury) shall be provided at all life guarded pools. (Size-eighteen ( 18" ) x seventy-two (72" ) made with 3/4" grade marine plywood (varnished ) or aluminium. ) a. Rigid cervical collars, one-size for adults and one-size for children shall be stored with the backboard . 10 i ' . r b . Cravats, straps with buckles or velcro shall be attached to the backboard ready to use. c . Padding such as a towel or blanket or a commercially available head immobilization device shall be with the backboard . C. Semi-public pools, where no lifeguard service is provided , shall post in plain view at each entrance to the pool a 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 semi-public 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 depth and spaced at not more than twenty-five foot (25 ' ) intervals around the entire perimeter of the pool . Markings must be in numerals of a minimum height of four (4" ) inches. 11 ' 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. SECTION 5: REGULATIONS IN POOL, SPA AND WHIRLPOOL AREA AND SUSPENSION Area A person commits an offense if he/she: A. Allows an animal under his/her control to enter or remain within the pool area or pool enclosure of a public or semi- public pool ; or B. Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semi-public pool ; or C. Works at a public or semi-public pool while infected with a communicable disease; or D. Alters or removes safety equipment from a public or semi- public pool except in an emergency; or E. Carries glass within a public or semi-public pool area or enclosure. Failure to Comply Failure to comply with any section of this Ordinance may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not 12 i 1 comply with the provisions of this ordinance, the Administrative Authority shall notify the Permit Holder of the existing violations. If the Administrative Authority determines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public , the pool shall be immediately closed . A reinspection of the pool 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 may be opened. Violation of .Clpsure_prcier When the Administrative Authority has ordered that a pool be closed due to non-compliance with any provision of this Ordinance, the Permit Holder shall not allow the pool to be used for swimming , diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool 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 potential users of the pool , advising of the closure, and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool . Whenever the permit is suspended, the Health Officer 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 Health Officer . 13 � / ^ Use of the pool by an individual for swimming , diving or bathing purposes after the Administrative Authority has ordered such pool to be closed shall be deemed prima facie evidence that the Permit Holder of said pool has knowingly allowed the pool to be used for such purposes. Sqpnension A. The Director/Health Authority shall suspend a permit to operate a public or semi-public pool , spa, diving tower , and/or bathhouse 1 . The annual permit fee is not paid ; or 2. A Permit Holder fails to designate and retain a certified manager of operations as specified in this Ordinance; or 3. The condition of a pool is hazardous to the health or safety of swimmers or the general public ; or 4. The Permit Holder fails to keep all pool equipment and devices working properly. B. The suspension shall continue until the cause of suspension is corrected. SECTION 6 The construction of public and semi-public 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 Texas Department of Health design standards shall be exempt from this section unless such pools are extensively remodeled or repaired . 14 w . . Any extensive remodeling or repair including the replacement of filters, pumps, or piping shall comply with Texas Department of Health Standards. SECTION 7 A. Any person, firm or corporation who shall violate any of the provision of any section or subdivision of this Ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) , and each day of such violation shall constitute a separate offense. B. The provisions of the Ordinance 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 ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict . SECTION B If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. The City of Wichita Falls hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid . 15 PASSED AND APPROVED THIS &IL) DAY OF 9)111 , 199 0 . "Or Mayor ATTEST: CITY CLERK CLERK 1 6 Ad 368504 Affidavit of Publication ORDINANCE NO. THE STATE OF TEXAS ORDINANCE AMENDING NG ORDI- THE STATE OF TEXAS NANCE 2-85 OF THE CITY OF WICHITA FALLS TO PROVIDE COUNTY OF WICHITA FOR REGULATIONS ON WAD- ING POOLS,SPAS,WHIRLPOOLS (r AND THE CONSTRUCTION OF re) PUBLIC AND SEMI-PUBLIC .. 18th June SWIMMING POOLS. ORDINANCE NO.31-90 On this day of ORDINANCE APPROVING RATE I 1990 SCHEDULING CHARGED BY TEXAS UTWTIES ELECTRIC COM- PANY IN THE CITY OF WICHITA A.D. personally appeared before me, the undersigned authority FALLS. Darice Ming NO.32-90 bookkeeper ORDINANCE MAKING AN AP- UND FUND FROM 1 REVENUE GENERAL RE- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls CEIVED FROM CRIMINAL JUS- ITICE DIVISION, GOVERNOR'S Times/Record News, a newspaper published at Wichita Falls in Wichita County, OFFICE, AND MATCHING GRANT REVENUE FROM OTHER GOVERNMENTAL ENTITIES FOR PURPOSES OF DRUG ENFORCE- Texas, and upon being duly sworn by me, on oath states that the attached MENT. advertisement is a true and correct copy of advertising published ORDINANCE NO.33-90 one (_1 ORDINANCE WAIVING SEC- in issues thereof on the following dates: TION 5-14 OF CHAPTER 5 OF THE WICHITA FALLS CODE OF June 13 s 1990 ORDINANCES TO PERMIT A KENNEL TO HOUSE UP TO 49 DOGS AND/OR CATS AT 100 _ WALNUT. ``� • ORDINANCE:NO.34-90 ORDINANCE WAIVING SEC-r" TION 22-1(a)-(2), 22-1(a) (9), 22-1(a) (101 22-3, 22-4 AND Bookkeeper for Times Publishing Compan 16-16 OF THE-CODE OF ORDI- NANCES'TO,;_ALLOW DRIVING of Wichita Falls OF VEHICLES, MAINTENANCE OF HORSES AND COWS,PLACE- MENT OF COMMERCIAL 1 ADVERTISING, MAINTENANCE ) Subscribed and sworn to before me this the day and year first above written. OF OVERNIGHT SECURITY CONSUMPTION OF WINE AND BEER, AND ISSUANCE OF PER- ,;,. 7 --; < r MITS FOR FOOD BOOTHS F` //7 2 'r< WITHOUT PAYMENT OF PERMIT - :.:- lam'-,�-_�; , C, ,y t�,. , FES FOR FALLSFEST TO BE HELD a AT LUCY PARK JUNE 14 I _� a7`X' THROUGH 17, 1990. + ' 3 __.-_ ORDINANCE NO.35-90 ',,,,,..1%,,' % tIS ✓ ■ c, AN ORDINANCE REZONING A h,,,,, j a. w! `'-` PORTION OF WICHITA FALLS - ATHLETIC COMPLEX, BLOCK 1, L , WICHITA FALLS, TEXAS FROM SINGLE-FAMILY RESIDENTIAL ZONE(SF-2)TO GENERAL COM- MERICAL(GC)ZONE. ORDINANCE NO.36-90 ORDINANCE MAKING AN AP- PROPRIATION FROM GENERAL 1 FUND EQUITY IN THE AMOUNT OF$250,000 FOR PURPOSES OF PURCHASING THE SEARS BUILD- ING. ORDINANCE NO.37-90 IAN ORDINANCE AMENDING CHAPTER 24, SECTION 24-21 (a), CITY OF WICHITA FALLS __ - CODE OF ORDINANCES, AND INCREASING THE NUMBER OF I` ' CLASSIFIED PERSONNEL IN THE i POLICE DEPARTMENT. -_ 11-015-4470 •