Ordinance No. 7,721Published in The Baytown Sun: 960613 -7
Tuesday, .Lune 18, 1996,
Wednesday, June 19, 1996.
ORDINANCE NO. 7722
AN ORDINANCE REPEALING CHAPTER 28 "SWIMMING POOLS AND
® SPAS "AND REPLACING THE SAME WITH A NEW CHAPTER 28
"SWIMMING POOLS AND SPAS" OF THE CODE OF ORDINANCES;
PROVIDING_A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 28 "Swimming Pools and Spas," of the Code of Ordinances of
the City of Baytown, Texas, is hereby repealed and replaced with a new Chapter 28 "Swimming
Pools and Spas" to read as follows:.
Chapter 28 SWIMMING POOLS AND SPAS
ARTICLE I. IN GENERAL
See. 28 -I. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed in Chapter 757
of the Texas Health and Safety Code, as amended, with the following additions and/or modifications:
(a) "French doors" means double doors, sometimes called double - hinged patio doors,
that provide access from a rental dwelling of a multiunit rental complex or hotel
interior to the exterior and in which each of the two doors are hinged and closable so
that the edge of one door closes immediately adjacent to the edge of the other door
with no partition between the doors. "French door" means either one of the two
doors.
(b) "Hotel" means a facility in which members of the public obtain sleeping
accommodations. The term includes a hotel, motel, tourist home, tourist house,
tourist court, lodging house, inn, rooming house, hospital, sanitarium or nursing
home.
(c) "Pool" or "swimming pool" means any structure, basin, chamber, tank or other
receptacle capable of containing an artificial body of water for the purpose of
swimming, diving or recreational bathing, having a depth at any point of more than
eighteen inches (18 "), whether located at ground level, above ground, below ground
or indoors. Such terms shall include, but not be limited to, a permanent swimming
pool, a permanent wading or reflection pool, or a permanent hot tub or spa.
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® (d) "Private residential swimming pool" means any swimming pool, located on private
property under the control of a single home owner or his tenant, the use of which is
limited to members of his family, the tenant's family, and their invited guests.
(e) "Public swimming pool" means any swimming pool, other than a private residential
swimming pool, as hereinbefore defined, intended to be used collectively by numbers
of persons for swimming or bathing, however, owned or operated and regardless of
whether a fee is charged for such use. Such term includes, but is not limited to,
swimming pools owned or operated incident to a multifamily dwelling project, non-
profit recreational facilities, hotels, as well as educational facilities.
(f) "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
mineral 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.
(g) "Wading pool" means any special purpose pool or receptacle set aside primarily for
use by children.
Sec. 28 -2. Plans for pools must be approved by city.
Before constructing a swimming pool, two copies of all plans for the same must be submitted
to the city's inspection department, one copy of which shall be distributed to the health department
for review and approval. Such plans must comply with the requirements of this chapter and all other
applicable codes. The final inspection and approval of all pools constructed shall be withheld until
all requirements of this chapter shall have been satisfied by the owner, purchaser under contract,
lessee, tenant or licensee.
Sec. 28 -3. Penalty.
An offense under this chapter is a misdemeanor and any person who shall violate any
provision of this chapter shall, upon conviction, be punished by a fine not to exceed two thousand
dollars ($2,000). Each day of the continuance of such violation shall be considered a separate
offense and each and every day shall constitute a separate violation.
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Sec. 28 -4. Enforcement.
The enforcement division of each department of the city is authorized to enforce the
provisions of this chapter and to make all necessary inspections, issue citations, give notice, file
applicable charges and otherwise cooperate in the enforcement hereunder.
ARTICLE 11. LICENSURE
Sec. 28 -5. Public swimming pool license required.
(a) It shall be unlawful to establish, maintain or operate a public swimming pool, as
herein defined, without first securing a public swimming pool license from the city's health
department. Written application for such license must be filed with the health department,
and include, but not be limited to, sufficient information as determined by the director of the
department of health to identify the owners and /or operators of the public swimming pool;
the location of such pool; the name and address of the person, firm or corporation seeking
the license; the date(s) of construction of the pool and pool yard enclosure and any
modifications thereto; and all other information deemed necessary by the director of the
department of health.
(b) Upon receipt of an application for a public swimming pool license, the director of
the health department shall cause an investigation to be made of such public swimming pool
to determine if the same meets all applicable requirements of this chapter.
(c) If the inspection of an applicant's public swimming pool indicates compliance with
the applicable requirements contained in this chapter, such applicant shall be issued a
license which shall be valid for a period until the following March 1st. If after the
inspection, the director of the department of health or his designee determines the
requirements of this chapter are not fully satisfied, such license shall be denied. In the event
of the denial of a license, it shall be unlawful to continue the use of a public swimming pool
until the requirements of this chapter are satisfied as determined by the director of the
department of health or his designee, and the required license is obtained.
Sec. 28 -6. Public swimming pool license terms; fees; transferability.
(a) License shall be valid for a period of one (1) year beginning on March 1 st of each
year and shall be renewable annually during the month of February. The license fee and
annual license renewal shall be the sum of thirty dollars ($30.00) per pool. All license fees
shall be nonrefundable.
(b) Public swimming pool licenses shall be nontransferable.
® Sec. 28 -7. Public swimming pool inspection required.
(a) By the acceptance of the license, the licensee shall be deemed to ,authorize the
inspection of his swimming pool at all reasonable hours. Failure to permit such inspection
shall be grounds for suspension or revocation of the license.
(b) After each such inspection by the director of the department of health or his
designee, the result of the inspection will be communicated to the licensee. Any violation
of this chapter shall be corrected within a time period specified by the director of the
department of health or his designee. If such violation is considered, in the opinion of the
director of the department of health or his designee, to be hazardous to the health and safety
of the public, such license may be suspended immediately, without affording the licensee an
opportunity to cure until the violation is corrected. It shall be unlawful to maintain or allow
the use of a public swimming pool during such period of suspension.
ARTICLE III. POOL YARD ENCLOSURES
Sec. 28 -8. Pool yard enclosures.
(a) The owner, tenant, property owners association, or any other person who owns,
possesses, constructs or maintains a public or private residential swimming pool shall
completely enclose the pool with a fence made of one of the materials specified in Section
7 -31 of the Code of Ordinances, wall, or other solid structure meeting the requirements of
Chapter 757 of the Texas Health and Safety Code, as amended. However, if a wall is to be
used as part of a pool yard enclosure of a private residential swimming pool, Sections
757.006 and 757.007 shall not apply.
(b) Subsection (a) will not affect any valid building permit application for a swimming
pool other than a pool of a multiunit rental complex or a property owners' association filed
prior to June 23, 1996; provided, that construction pursuant to such permit is commenced
within six (6) months from the date of the issuance of the building permit and diligently
pursued to completion thereafter, as determined in the sole discretion of the chief building
official.
Sec. 28 -9. Inspection, Repair and Maintenance.
(a) The owner, tenant, property owners association or any other person who owns,
controls, or maintains a pool shall exercise ordinary and reasonable care to inspect,
maintain, repair, and keep in good working order the pool yard enclosures, gates and
self - closing and/or self - latching devices as may be required by this article.
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(b) Any person who owns, controls or maintains a public swimming pool shall inspect
® the pool yard enclosures, gates and self - closing and self - latching devices on gates no
less than once every thirty -one (3 1) days.
(c) The duty of inspection, repair and maintenance under this section may not be waived
under any circumstances.
Sec. 28-10. Penalty.
An offense under this article is a misdemeanor and any person who shall violate any
provision of this article shall, upon conviction, be punishable by a fine not to exceed one thousand
dollars ($1,000). Each day of the continuance of such violation shall be considered a separate
offense and each and every day shall constitute a separate violation.
See. 28-11. Enforcement.
In addition to the criminal penalties as expressed in section 28 -10 hereof, the city may
maintain an action against any person who owns, maintains or controls a public or private residential
swimming pool for failure to comply with the requirements of this article. Such action may include,
but not be limited to, the relief afforded the city in section 757.012 of the Texas Health and Safety
Code.
Sec. 28 -12. Abatement of non - complying pool yard enclosures.
(a) Remedy by City. The city may repair, replace, secure or otherwise remedy an
enclosure or fence that is damaged, deteriorated, substandard, dilapidated, or otherwise in
a state that poses a hazard to the public health, safety and welfare.
(b) Remedy by Property Owner -- Occupied Property. Should the director of the
department of health or his designee determine that the minimum pool yard enclosure
requirements as set forth in this article have been violated, the director of the department of
health or his designee shall send a notice of violation to the owner of the property on which
the swimming pool enclosure or fence is situated detailing the nature of the violation along
with a hearing date on which the owner, lienholder or mortgagee will be required to submit
at the hearing proof of the scope of any work that may be required to comply with the
provisions of this article and the time it will take to reasonably perform the work. After the
public hearing, if the pool enclosure is found in violation of the standards set out in this
article by the city manager or his designee, the city manager or his designee may order that
the enclosure be repaired, replaced, secured, or otherwise remedied by the owner within a
reasonable time. If the owner does not take the ordered action within the allotted time, the
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city shall make a diligent effort to discover each mortgagee and lienholder having an interest
in the building or in the property on which the pool enclosure is located. The city shall send
to each identified mortgagee and lienholder a notice containing: (i) an identification, which
is not required to be.a legal.description, of the pool enclosure and the .property on which it
is located; (ii) a description of the violation; and (iii) a statement that the city will repair,
replace, secure or otherwise remedy the violation if the ordered action is not taken within a
reasonable time.
(c) Remedy by Property Owner -- Unoccupied Property. Should the director of the
department of health or his designee determine that the minimum fencing requirements as
set forth in this article have been violated and if the enclosure or fence is on unoccupied
property or is on property occupied only by persons who do not have a right of possession
to the property, the city may repair, replace, secure, or otherwise remedy the pool enclosure;
and the director of the department of health or his designee shall before the eleventh (I Ith)
day after the date of repair, give notice to the owner by (i) personally serving the owner with
written notice; (ii) depositing the notice in the United States Mail addressed to the owner at
the owner's post office address; (iii) publishing the notice at least twice within a ten -day
period in a newspaper of general circulation in the county in which the enclosure is located
if personal service cannot be obtained and the owner's post office address is unknown; or (iv)
deposit the notice on or near the front door of the pool if the personal service cannot be
obtained and the owner's post office address is unknown. The notice must contain (i) an
identification, which is not required to be a legal description, of the pool enclosure and the
property on which it is located; (ii) a description of the violation; (iii) a statement that the
city will secure or has secured, as the case may be, the swimming pool; and (iv) an
explanation of the owner's entitlement to request a hearing about any matter relating the
city's securing the pool.
(d) Recapture ofAdministration Expense incurred by City. If the city incurs
expenses under this article, the city shall assess the expenses on, and the city shall have a lien
against, unless it is a homestead protected by the Texas Constitution, the property on which
the swimming pool or the enclosure or fence is situated. The lien is extinguished if the
property owner or another person having an interest in the legal title to the property
reimburses the city for the expenses. The lien arises and attaches to the property at the time
the notice of the lien is recorded in the office of the county clerk in the county in which the
property is situated. The notice must contain the name and address of the owner if that
information cari be determined with reasonable effort, a legal description of the real property
on which the swimming pool or the enclosure or fence is situated, the amount of the
expenses incurred by the city and the balance due. The lien is a privileged lien subordinate
only to tax liens and all previously recorded bona fide mortgage liens attached to the real
property to which the city's lien attaches.
(e) Inspection. Any person authorized to enforce this chapter under section 28 -4 may
enter any unoccupied premises at a reasonable time to inspect, investigate or enforce the
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powers granted under this article. After providing a minimum of twenty -four (24) hours'
rnotice to the occupant, any person authorized to enforce this chapter may enter any occupied
premises to inspect, investigate or enforce the powers granted under this article.
ARTICLE IV. CONSTRUCTION AND WATER QUALITY REQUIREMENTS FOR
PUBLIC SWIMMING POOLS
Sec. 28 -13. Illegal pool construction.
A person commits an offense if he intentionally or knowingly operates:
(a) A pool, other than a spa, constructed of wood;
(b) A pool, other than a spa, which has carpet or wood decking within three feet (T)
surrounding the pool, or such surface is not impervious or easily cleanable;
(c) A pool, other than a spa, with inside walls not of a light color;
(d) A pool, other than a spa, not capable of being completely drained by gravity or an
operable attached pump into the sanitary sewer;
(e) A public pool, other than a spa, not equipped with a surface skimmer in constant
operation when open to the public for the surface area in excess of and for each one
hundred square feet (100 ft') in area, thereafter;
(f) A pool, other than a spa, cross - connected with a public or private drinking water
supply without an antisiphonage 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 pool; or
(g) A pool, other than a spa, without an approved method of prevention of outlet
entrapment including, but not limited to:
(1) Two (2) outlet pipes of equal diameter one of which may be the skimmer if
one cannot be cut out by valve or otherwise;
(2) An antivortex drain; or
(3) A twelve -inch by twelve -inch (12" x 12 ") or thirty - centimeters by thirty -
centimeters (30cm x 30cm) or larger square grate if only a main drain is used.
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• Sec. 28 -14. Water quality requirements.
(a) All public swimming pools, other than spas, shall maintain. water quality at all times
consistent with the requirements herein set forth:
(1) Algae. Pool water, floors, walls and surrounding decks and overflow gutters
shall be kept free of algae.
(2) Acidity, alkalinity. The pool water of a public swimming pool shall be
maintained in an alkaline condition so that the pH of the water shall not be
less than 7.2 or more than 8.0.
(3) Bacterial quality. Not more than fifteen percent (15 %) of samples tested shall
show the presence of coliform organisms nor have a plate count of more than
two hundred (200) bacteria per milliliter.
(4) Clarity of water. The pool water shall be sufficiently clear so that the main
drain in the deepest part of said pool is clearly visible from the edge of such
pool nearest said drain.
(5) Disinfectant. There shall be introduced into a public swimming pool
sufficient disinfectant so as to maintain at all times a free chlorine residual of
not less than 1.0 p.p.m. as shown by the standard ortho - tolidine test, which
level shall be maintained in all parts of the pool or other state - approved
disinfectant.
(6) Recirculation system. Each public swimming pool shall be equipped with a
recirculation system which shall consist of pumping equipment, hair and lint
catcher and filters. Wading pools shall be physically separated from
swimming pools and shall be served by the swimming pool recirculation
system or by a separate system.
(b) A person commits an offense if he, with criminal negligence, operates a public
swimming pool, other than a spa, which does not meet the applicable requirements and standards
set forth in subsection (a) hereinabove.
(c) It shall be presumed that the person operating a public swimming pool, other than a spa,
acted with criminal negligence if he fails to test for and detect, if present, one or more of the
following:
(1) Free residual chlorine below 1.0 p.p.m. or other state - approved disinfectant;
• (2) pH below 7.2 or exceeding 8.0;
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(3) Water that is not clear at all times so as to see the drains and bottom;
(4) The presence of coliform or algae; and
(5) The proper functioning of the recirculation system.
ARTICLE V. SPAS
Sec. 28 -15. Illegal spa construction.
A person commits an offense if he intentionally or knowingly operates a spa, classified as
a public pool:
(1) constructed of wood;
(2) which has carpet or wood decking within three feet (T) 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) not equipped with an automatic state - approved disinfection system in constant
operation;
(6) intended for commercial or multifamily use which is not equipped with a surface
skimmer in constant operation when open for operation for the surface area in excess
of and for each one hundred square feet (100ft2) in area, thereafter;
(7) not equipped with a pump and filter in constant operation capable of recycling the
entire water supply at least once every thirty (30) minutes ;
(8} which is not equipped with an automatic thermostat (if equipped with a heater) in
constant operation or which is equipped with a thermostat which permits the water
temperature to exceed one hundred four degrees Fahrenheit (104 °F) or forty degrees
Celsius (40 °C);
(9) or private residential swimming pool, cross - connected with a public or private
drinking water supply without an antisiphonage 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
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(10) Without an approved method of prevention of outlet entrapment including, but not
® limited to:
(a) Two.(2) outlet pipes of equal diameter.one.of which may be the skimmer if
one cannot be cut out by valve or otherwise;
(b) An antivortex drain; or
(c) A twelve -inch by twelve -inch (12 "x 12 ") or thirty centimeters by thirty
centimeters (30cm x 30cm) or larger square grate if only a main drain is used.
See. 28 -20. Water quality requirements.
(a) All spas, classified as public swimming pools, shall maintain water quality at all
times consistent with the requirements herein set forth:
(1) Algae. Spa water, floors, wails and surrounding decks and overflow gutters
shall be kept free of algae.
(2) Acidity, alkalinity. The spa water of a spa classified as a public swimming
pool shall be maintained in an alkaline condition so that the pH of the water
shall not be less than 7.2 or more than 8.0.
(3) Clarity of water. The spa water shall be sufficiently clear so that the drain in
the deepest part of said spa is clearly visible from the edge of such spa
nearest drain.
(4) Disinfectant. There shall be introduced into a spa, classified as a public
swimming pool, sufficient state - approved disinfectant so as to maintain at all
times a free chlorine residual of not less than 2.0 p.p.m. as shown by the
standard ortho - tolidine test or an equivalent, which level shall be maintained
in all parts of the spa.
(b) A person commits an offense if he, with criminal negligence, operates a spa which
does not meet the applicable requirements and standards set forth in subsection (a) hereinabove.
(c) It shall be presumed that the operator acted with criminal negligence if he fails to test for
and detect, if present, one or more of the following:
(1) Free residual chlorine below 2.0 p.p.m. or equivalent;
(2) pH below 7.2 or exceeding 8.0;
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(3) Water that is not clear at all times so as to see the drains and bottom; and
is (4) The presence of coliform or algae.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance 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 3: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after ten (10) 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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 13th day of June, 1996.
ATTEST:
Z/,: = ��
EILEEN P. HA , City Clerk
APPROVED AS TO FORM:
eT(YNACIO RAM , SR., City Attorney
c:Wh 16council lordinancc\2swimpool.ord
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/,! 5 �' (- e ee� �
PETE C. ALFA O, Mayor