Ordinance No. 3,778Published: The Ba town Sun
Tues., Feb. 2 —,19341
Wed., Feb. 29, 1984
ORDINANCE NO. 3778
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAYTDMM, TEXAS, AMD43 G CHAP7IR 2", 'Swll4W0Nr2 POOLS,* BY
REPEALING THE PENALTY CLAUSE; BY ADDING ARTICLE III
"SPAS;" REPEALING CONFLICTING ORDINANCES; CONTAW G A
SAYINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF ONE
THOUSAND AND INK)JI 8 ($IPQM UOLLML -4 AND 1 ROVDM FOR
THE PUBLICATION AND EFFECTIVE DATE F10tEOF.
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• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWA,
TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 28, "Swimming Pools," by the repeating
Section 28 -8 "Penalty for violation."
Section 2: That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 28, "Swimming Pools," by adding Article III
"Spas," which shall read as follows:
Chapter 28, Swimming Pools and Spas
Article III, SPAS
Sec. 28 -8 Spas Included.
For the purposes of this Chapter, "spa" is limited to those spas
which are intended for commercial or multifamily use and shail obtain a
license as provided by Section 28 -6, except all spas including private
spas shall comply with the fencing requirements for swimming pools of
Section 28 -1.
Sec. 28 -9 Definition
"Spa" means a pool designed for recreational or therapeutic use or
physiological or psychological relaxation which is not drained, cleaned
and refilled for each user. Such pools include, but are not limited to,
hydrojet circulation, hot water, cold water minerai baths, air induction
bubbles or any combination thereof. Common terminology for a spa
includes, but is not limited to, therapeutic pool, hydrotherapy pool,
whirlpool, hot spa and hot tub. Such spas are shallow In depth and not
intended for swimming or diving. Such spas do not include pools or
whirlpools in which no part of the human body is immersed or in which
only human limbs are immersed.
Sec. 28 -10 Illegal Spa Construction
A person commits an offense if he intentionally or knowingly
uparetes a spa:
1. constructed of wood;
2. which has carpet or wood decking within three (3) feet
surrounding the spa or such surface is not impervious or
easily cleanable;
3. whose inside walls of such spa are not a light color,
4. not capable of being completely drained by gravity or
an operable attached pump into the sanitary sewer;
5. nut equipped with an automatic chlorinator in constant
operation;
6. not equipped with a surface skimmer in constant
operation for the surface area in excess of and for each
100 square feet in area, thereafter;
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7. not equipped with a pump and filter in constant
operation capable of recycling the entire water supply at
least once every 30 minutes,
8. not equipped with an automatic thermostat (if equipped
with a heater) in constant operation and which permits the
water temperature to exceed 104' F (40'c.);
9. cross connected with a public or private drinking water
supply without an anti- siphonage device on all fill or
makeup water pipes or tubes unless an air gap of six inches
(6 ") is provided between the end of the pipe or tube and
the flood rim of the spa•, or
10. without an approveo method of prevention of outlet
• entrapment including, but not limited to:
a. two outlet pipes of equal diameter one of which
may be the skimmer if one Cannot be cut out by
t valve or otherwise;
b. an antivortex drain; or
c. a twelve inch by twelve inch (12" X 12" or 30 cm
X 30 cm) or larger square grate if only a main drain
is used
Sec. 28 -11 Illegal Spa Operation
(a) A person commits an offense if he, with criminkd negligence,
operates a spa:
1. which has free residual chlorine below 1.5 p.p.m.;
2. which has pH below 7.2 or exceeding 8.0 ;
3. which doesn't have water that is clear at all times so
as to see the drains and bottom; or
4. which contains coliferm or algae.
(b) It shall be presumed that the operator acted with criminal
negligence if he fails to test for and detect`
I. free residual chlorine below 1.5 p.p.m4
2. pH below 7.2 or exceeding 8A;
3. water that is not clear at all times so as to see the drains
and bottom; or
4. the presence of coliform or algae.
Sec. 28 -12 Enforcement
The enforcement division of each department of the City of
Baytown is authorized to enforce the provisions of this chapter and to
make all necessary inspections, issue citations, give notice, file
applicable changes and otherwise cooperate in the enforcement
hereunder.
Sec. 28-13 Penalty For Violation
An offense under this Chapter is a misdemeanor and punishable by
a fine not to exceed ONE THOUSAND AND NO/100 ($1,000.00)
DOLLARS.
Section 3: All ordinances or parts of ordinances inconwstent with the terms
of trip orrlinance are hereby repealed, provided however, that such repeal shall be
only to the extent of such inconsistency and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
Section 4: if any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application c f same to any
person or set of circumstances, shall for any reason be held unconstitutional, void or
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invalid, such invalidity shall not affect the validity of the remaining viaions of
this ordinance or their application to other persons or sets of circumstances and to
this and all provisions of this ordinance are declared to be severable.
Section S: Any person violating the provisions of this► ordinance shall be
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punished by a fine of not more than ONE THOUSAND AND NO/100 ($1000.00)
DOLLARS, and each violation shall constitute a separate offense.
Section 6: This Ordinance shell take effect from and after ten OVY days from
its passage by the City Council. The City Clerk is hereby directed to give notice
hereof by causing the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10) days after the
passage of this ordinance.
`. INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 23rd day of February, 1984.
r
ATTIESTs
V. ' City Clerk _..�
APPROVED:
wRANDAEE IL STRONG, it torney
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