§ 36-1. Adoption.

(a)

Adopted. That a certain document, a copy of which is on file in the office of the city secretary of the city, being marked and designated as Texas Administrative Code, Title 25 - Health Services, Part I - Department of State Health Services, Chapter 265 - General Sanitation, Subchapter L. - Standards for Public Pools and Spas, 2004 edition, be hereby adopted as the Public Swimming Pools and Spas Code for the City of Irving, in the State of Texas; for the control of public swimming pools, hot tubs, and spas as herein provided; and that each and all regulations, provisions, penalties, conditions and terms of said Public Swimming Pools and Spas Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, save and except, however, such portions as are hereafter modified in subsection (b) of this section.

(b)

Amendments, modifications and deletions. The Texas Administrative Code, Title 25 - Health Services, Part I - Department of State Health Services, Chapter 265 - General Sanitation, Subchapter L. - Standards for Public Pools and Spas, 2004 edition, is amended as follows:

Section 265.182. Definitions. Section 265.182 of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended by adding the following definition:

Director —The director of the City of Irving Department of Inspections or his/her appointed representative.

Section 265.199. Specific Safety Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas. Section 265.199 of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended by adding subsection (n) to read as follows:

(n)

It shall be unlawful for any person to alter, remove or damage safety equipment, which is required by this section from a pool, hot tub, or spa except in an emergency. fter an emergency is concluded, it shall be the responsibility of the pool owner/operator to return the safety equipment to its proper location.

Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas. Section 265.200(c) of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended to read as follows:

(c)

Enclosures for all other post-10/01/99 or pre-10/01/99 Class C pools and spas and Class D pools at Class C facilities. A post-10/01/99 or pre-10/01/99 Class C pool or spa or a Class D pool at a Class C facility that is not subject to Health and Safety Code, Chapter 757 (such as pools and spas for hotels, motels, RV parks, etc.) must have a pool yard or spa yard enclosure in compliance with this subsection.

(1)

The pool yard or spa yard enclosure for a post-10/01/99 or pre-10/01/99 pool or spa subject to this subsection shall consist of one or a combination of a fence, portion of a building, wall or other durable enclosure. The enclosure shall comply with the following:

(A)

The enclosure must have a minimum perpendicular height of at least 48 inches as measured from the ground surface on the outside of the fence;

(B)

Openings in or under the enclosure shall not allow the passage of a 4-inch diameter sphere;

(C)

Planters or other structures that might allow small children to climb over the enclosure shall not be permitted within 36 inches, measured horizontally, from the outside of the enclosure;

(D)

Chain link fencing may be used for the enclosure of a pre-10/01/99 pool and spa if the chain link fencing was installed before September 1, 2004. Chain link fencing shall not be used for an enclosure for a post-10/01/99 pool or spa;

(E)

Windows that are capable of being opened are not allowed as part of a post-10/01/99 pool or spa enclosure. Doors or gates of a building that are capable of being opened are not allowed as part of a post-10/01/99 pool or spa enclosure unless:

(i)

The doors or gates between the building and the pool yard or spa yard are for entry into a storage room, restroom, shower room, dressing room or mechanical room adjacent to the pool;

(ii)

The room does not have any door or gate openings to the outside of the pool yard or spa yard enclosure; and

(iii)

The room does not contain any gas chlorine containers.

(2)

Gates and doors for pool yard or spa yard enclosures for post-10/01/99 and pre-10/01/99 pools and spas subject to this subsection shall:

(A)

Be equipped with self-closing and self-latching devices and be latched when the pool or spa is not in use. The self-closing device shall be designed to keep the gate or door securely closed and the self-latching device shall latch when the gate is allowed to close within its range of operation, which is from its fully open position to 6 inches from the fully closed position;

(B)

Open outward away from the pool or spa except for gates constructed before October 1, 1999, in compliance with an applicable city ordinance;

(C)

Have hand activated door or gate opening hardware located at least 3.5 feet above the deck or walkway;

(D)

Be capable of being locked;

(E)

Be locked if it is for entry into a Class A or B pool or spa, and the pool or spa is not open for use;

(F)

Be locked if it is for entry into a Class C pool or a spa or Class D pool at a Class C facility and the pool or spa needs to be closed because of repairs, hazards, or other conditions; and

(G)

Gate or fence shall have no opening greater than 1/2 inch within 18 inches of the latch mechanism.

(3)

Pool yard and spa yard enclosures for post-10/01/99 pools and spas shall be constructed so that all persons will be required to pass through an enclosure gate or door in order to gain access to the pool or spa. All gates and doors exiting a pool yard or spa yard of a post-10/01/99 pool or spa shall open into a public area or walkway accessible by all users of the pool or spa.

Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas. Section 265.200 of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended by adding subsection (e) to read as follows:

(e)

It shall be an affirmative defense on Class C and D pools that if a lifeguard is on duty then the gates may remain open.

Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas. Section 265.200 of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended by adding subsection (f) to read as follows:

(f)

The director shall be authorized to have any work performed which is necessary to prevent entrance through a fence, gate or wall surrounding a swimming pool, hot tub or spa, including erecting a fence where none exists, or repairing a fence which improperly allows access, if the owner fails to do so, ten (10) days after notice is given to do so, or the owner is unable to be located to perform such work. Any expenses incurred by the City of Irving in doing or having the work done shall be assessed on the real estate upon which such expense is incurred. On filing with the county clerk of Dallas County a statement by the director of such expenses, the city shall have a lien thereon to secure the expenditure so made and ten (10) percent interest per annum on the amount from the date of such payment. For any such expenditures, and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements. Notice shall be sufficient if sent via postage paid certified mail to the last known address of those to be notified.

Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas. Section 265.200 of the Department of State Health Services Standards for Public Pools and Spas, 2004 edition, is amended by adding subsection (g) to read as follows:

(g)

It is an affirmative defense to the provisions of this section that the pool, hot tub or spa is completely enclosed within a building.

(Ord. No. 8145, § 1, 4-3-03; Ord. No. 8476, § 1, 5-12-05)

State law reference

Authority to require fencing of swimming pools, V.T.C.A., Local Government Code § 214.101 et seq.