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ORD 2005-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 95-12, AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF SWIMMING POOLS; AND ADOPTING A NEW ORDIANCNE ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF SWIMMING POOLS; PROVIDING FOR THE INCORPORATION OF PREMISES; SETTING FORTH DEFINITIONS; PROVIDING FOR APPLICABILITY AND PROHIBITIVE CONDUCT; PROVIDING FOR EXCEPTIONS; ADOPTING NEW PROVISIONS FOR THE CONSTRUCTION OF SWIMMING POOLS; PROVIDING FOR APPEAL; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, on July 18, 1995, the Town Council adopted Ordinance No. 95-12, establishing "Swimming Pool Regulations" for the Town of Trophy Club, Texas; and WHEREAS, Town staff has recommended an update to Ordinance No. 95-12 in order to be consistent with current law and standards regulating swimming pools and in order to protect the health, safety, and welfare of the citizens of the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the need for proper construction and maintenance of swimming pools and the need to protect citizens and other members of the public from the dangers inherent in the use of swimming pools within the Town; and WHEREAS, the Town Council hereby finds that the regulations established herein are in the best interest of the health, safety and general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. DEFINITIONS A. Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if partly above and partly below ground, the top of the receptacle basin is at least twenty-four inches (24") above ground. In -Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24") deep and has a capacity of over seven hundred (700) gallons that is dug into the ground. I{iddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or receptacle set aside primarily for use by children with a depth no greater than twenty-four inches (24"). Permitting Department: The Permitting Division of the Community Development Department of the Town of Trophy Club, Texas. Spa: A hydro -massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and Jacuzzi -type tubs or baths, for recreational or therapeutic use, not located in a health- care facility, designed for immersion of users and usually having a filter, heater, and motor - driven blower. The spa is intended for recreational bathing and contains water over twenty-four inches (24") deep. Swimming Pool: Any structure intended for swimming or recreational bathing that contains water over twenty-four inches (24") deep and has a capacity of over seven -hundred (700) gallons. This includes in -ground, aboveground and on -ground swimming pools. As used in this Ordinance the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a residence, storable pools designed for seasonal setup and use which are stored at the end of the swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent entry is maintained in place at all times when the spa is not in use. SECTION 3. APPLICABILITY AND PROHIBITIVE CONDUCT A. This ordinance shall be applicable to all new swimming pools and spas hereafter constructed, erected, or maintained, and shall apply to all existing pools and spas which have a depth greater than twenty four inches (24") of water at any point. It shall be unlawful for any person to violate any provision of this Ordinance. B. No person shall construct, erect, or maintain an aboveground pool. C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or licensee, upon which is situated a swimming pool having a depth greater than twenty-four inches (24") or more of water at any point, shall fail to provide and maintain such fence or wall as herein provided. D. Any and all unfenced swimming pools existing at the time this ordinance is passed shall have ninety (90) days to comply with the terms and requirements herein stated, from the effective date of this ordinance. E. Except as specifically provided herein, it shall be unlawful of any person, corporation, partnership or other legal entity to construct, have constructed, or maintain any type of swimming pool without having first procured a permit for the construction of same from the Permitting Department. SECTION 5. EXCEPTIONS A. Kiddie Pools or Wading Pools, are exempt from the provisions of this Ordinance except as specifically provided herein. B. Hot tubs, whirlpool baths and tubs, and Jacuzzi -type tubs or baths with a capacity of not more than fifteen hundred (1,500) gallons shall be allowed above ground. C. In lieu of the fence requirement in Section 6, subsection B(I)(a) , rigid lock -down covers may be allowed for hot tubs, whirlpool baths and tubs, Jacuzzi -type baths and tubs, and spas , provided that prior approval is given through the fence permit application process and further provided that the cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi -type bath and tub, and/or spa is not in use. SECTION 5 SWIMMING POOLS A. Swimming Pool Permit Application: The following information shall be required for each swimming pool permit application: 1. Applicant's name and address. 2. If person represents a corporation, partnership or other legal entity, the address of the president or registered agent of the entity. 3. Name of the foreman or contractor in charge of construction. 4. Name of the owner of the property. 5. Address of the location where swimming pool is to be constructed. 6. Size of swimming pool. 7. Approximate value. S. Two (2) site plans showing the location of swimming pool in relation to the property lines with the distance indicated from the pool to any structures and to the property boundaries. All measurements shall be from the pool structure itself and not from the water's edge and also show property setback lines, drainage plan, location of any and all drainage and/or public utility easements, and the location of required and/or existing fence. a. Fence permit, if applicable. B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance of a permit and the commencement of construction of a swimming pool. C. Fence Requirements: 1. Permanent Fence: Before a pool is filled with water, a permanent fence shall be erected surrounding the pool, which shall conform to the International Building Code, as adopted and amended by the Town. a. The Pool Contractor or other person constructing a pool is responsible for the construction of a permanent fence that complies with this ordinance and all other applicable regulations. The property owner is responsible for the maintenance of a permanent fence that complies with this ordinance and all other applicable regulations. b. It shall be unlawful to maintain any swimming pool in the corporate limits of Trophy Club, which is not fenced in accordance with the requirements of this section and all other applicable ordinances. 2. Temporary Fence: Prior to commencement of and during the construction of a swimming pool, a temporary fence shall be erected and maintained around the swimming pool construction site, which shall limit access to the construction site at all times except when construction is actually in progress. The top of the temporary fence shall be at least four feet (4') in height. The wall of a dwelling may serve as part of the fence. a. All inspections will be canceled if a temporary fence is not installed on the job site and a reinspection fee will be assessed in an amount set by the Town's Schedule of Fees. Continued failure to enclose the site with a temporary fence may result in a citation being issued to pool contractor. D. Form Survey Required: A form survey shall be submitted and approved by the Building Inspector prior to calling for the first inspection. E. Certificate of Completion: Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the following inspections: 1. Belly steel and ground steel, 2. Deck steel and ground, 3. Gas line inspection (if applicable) and P-Trap/Backwash inspection. a. Before the backwash, p -trap & gas line are covered in any way, those items shall be inspected and approved. All pools shall have a p -trap and backwash line connected to the sanitary sewer. 4. Drainage Survey: The pool final inspection will not be approved if the Inspector determines that the grading and drainage of the lot is not in compliance with the approved drainage plans for the subdivision. If the inspector cannot determine the lot water flow, an engineered survey shall be required. 5. Final inspection, including the fencing. a. At the final inspection, all local requirements, state requirements and Town -approved building codes must be met. F. Lighting: All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent or contiguous properties. G. Licensed Contractor: All electrical and plumbing work shall be performed by licensed contractors in accordance with the requirements of the Town -approved Building Code, as amended and all other applicable ordinances or regulations. H. Location: All swimming pools, to include but not limited to kiddie and wading pools, shall be located within the rear yard and shall not encroach upon any identified easement. L Draining of Swimming Pools: On any new swimming pool permitted on or after June 24, 2005, all backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break discharging into a tail piece installed a minimum of 6" or 152 mm above adjacent grade. The tailpiece shall be connected to a minimum 3" or 76 mm p -trap not less than 12" (304 mm) below grade which discharges into the yard cleanout riser. 1. Owners of existing pools (pools built or permitted prior to July 1, 2005) are not required by this Ordinance to retrofit the pool equipment and tie into the sanitary sewer. J. Screening: All swimming pool equipment shall be screened from the view of the public and from the view of adjacent private properties. K. Clarity of Water: a. The water in all swimming pools within the Town, public or private shall be of sufficient clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help achieve this objective, each swimming pool shall have a minimum fee residual chlorine of one (1) part per million. b. In addition, no swimming pool water shall have an acid reaction to a standard pH test. C. All pools shall be treated, altered or maintained so as to prevent the development of unsanitary conditions. d. Pools under construction or which are no longer being operated shall be maintained in a manner so as to prevent the development of unsanitary conditions potential injury or possible drowning. e. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There shall be no direct physical connection between the sewer system and any drain from the swimming pool or circulations system. f. Alternative equivalent methods of wastewater disposal may be approved by the Director of Community Development. No method of wastewater disposal is permissible which could create a public health hazard or public nuisance. L. Equipment: No pool equipment shall be placed within required or established front yard or within any identified easement. Equipment necessary for or related to the operation of the pool shall not be affixed to any required perimeter fence or common fences between property owners. SECTION G. APPEAL Any person aggrieved by the terms of this Ordinance or the interpretation, application, or enforcement of this Ordinance by the Building Official shall have the right to appeal any action of the Building Official taken pursuant to this Ordinance. Any such appeal shall be brought, by written application, filed by an interested party, to the Director of Community Development within ten (10) days following the action of the Building Official, which is the subject of the appeal. Enforcement of this Ordinance shall be stayed pending such appeal, except that such appeal does not stay the owner or applicant's requirement to comply with temporary fencing regulations specified herein or as specified by other applicable laws, during the appeal period. In hearing such appeals, the Building Appeals Board shall review the determination of the Building Official and, in so doing, may consider whether or not the regulations and standards of this Ordinance will, by reason of exceptional circumstance or surroundings, constitute a practical difficulty or unnecessary hardship. The decision of the Building Appeals Board shall be final. SECTION 7. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided, however, that Ordinance No. 1995-12 is hereby repealed in their entirety respectively. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 1995-12, on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 8. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting swimming pool regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 10. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 11. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 12. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 13. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 20°i day of June 2005. Mayor Town of Trophy Club, Texas Effective Date: ATTEST: y�gRY Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas