HomeMy Public PortalAboutOrd 655 Amendment of Swimming Pool Code(First published in The Ark Valley News on February 13, 2020.)
ORDINANCE NO: 655
AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 8,
ARTICLE 2 OF THE CITY CODE OF BEL AIRE, KANSAS, IN
CONNECTION WITH SWIMMING POOL SAFETY, FENCING, AND
LIFEGUARD REQUIREMENTS, ALL WITHIN THE CITY OF BEL AIRE,
SEDGWICK COUNTY, KANSAS.
Be it ordained by the Governing Body of the City of Bel Aire, Kansas:
Section 1. AMENDING CHAPTER 8 ARTICLE 2 OF THE BEL AIRE
MUNICIPAL CODE:
Article 2 SWIMMING POOLS
Section 8.2.1 Definitions
Section 8.2.2 Limited Application of Regulations
Section 8.2.3 Designation of Manager
Section 8.2.4 Lifeguards Required
Section 8.2.5 Lifeguard Plan
Section 8.2.6 Lifeguard Plan Operation Section
8.2.7 Pools without Lifeguards Section 8.2.8
Lifeguard Platform or Chair Section 8.2.9
Lifesaving Equipment Section 8.2.10 First Aid
Section 8.2.11 Access to Closed Pool
Section 8.2.12 Disinfecting Materials and Methods
Section 8.2.13 Cleaning
Section 8.2.14 Personal Regulations
Section 8.2.15 Violation of Personal Regulations
Section 8.2.16 Daily Records
Section 8.2.17 Weekly Analysis of Water Samples Section
8.2.18 Order of Closure
Section 8.2.19 Inspection by Health Officer
Section 8.2.20 Plans and Specifications for Construction
Section 8.2.21 Petition and Hearing for Review
Section 8.2.22 Fencing
Section 8.2.23 Penalty
Section 8.2.1 Definitions
The following words and phrases, whenever used in this Article, shall be construed as
defined in this section:
1. Swimming Pool means any structure, basin, chamber or tank containing an
artificial body of water for swimming, diving or recreational bathing and having a depth of two
feet or more at any single point.
2. Type "A" Swimming Pool shall mean any swimming pool, accessory structures,
and site constructed under commercial standards, other than a type "B" swimming pool,
accessory structures, and site, used or intended to be used collectively by numbers of persons
for swimming or bathing and operated by any person as defined herein, whether he or she be
owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for
such use and which is located in the city of Bel Aire, Kansas. Type "A" Swimming Pools shall
include commercial pools operated by a duly organized homeowners' association or a properly
permitted hotel.
3. Type "B" Swimming Pool shall mean any swimming pool located on private
property under the control of the homeowner the use of which is limited to swimming or bathing
by members of the homeowner's family or invited non-paying guests, provided that whenever
such Type "B" Swimming Pool is used for public events, such Type "B" Swimming Pools, upon
inspection of the Health officer, may not be required to have a lifeguard on duty.
4. Person shall mean any person, firm, partnership, association, corporation,
company, agency of the City of Bel Aire or board of education, club, group or organization of
any kind.
5. Lifeguard shall mean a person designated to carry out safety procedures and
supervision of swimming and other use activities who holds a current certificate in one or more
of the following water safety courses: American Red Cross Senior Lifesaving, American Red
Cross Water Safety Instructor, Young Men's Christian Association Senior Lifesaving; Young
Men's Christian Association Leader Examiner, Young Men's Christian Association Aquatic
Instructor, Young Men's Christian Association Aquatic Director, Boy Scouts of America
Aquatic Instructor.
6. Manager shall mean a person designated by the owner, agent, association, or
lessee to be responsible for the operation, supervision and maintenance of a Type "A"
swimming pool.
7. Health Officer shall mean the person designated by the City Manager as
Health Officer for the City. (Ord. 46)
8. Best Practice means a technique or methodology applied in pool maintenance
that meets common industry standards and approved by the Health Officer and deemed as
adequate by the City Health officer, relying on his or her experience and research of industry
standards.
9. Building Official Shall mean the officer or other designated authority charged
with the administration and enforcement of the building and trade codes in addition to this code.
10. Aquatic Venue means an artificially constructed structure or modified natural
structure where the general public is exposed to water intended for recreational or therapeutic
purpose and where the primary intended use is not watering livestock, irrigation, water storage,
fishing, or habitat for aquatic life. Such structures do not necessarily contain standing water, so
water exposure may occur via contact, ingestion, or aerosolization. Examples include swimming
pools, wave pools, lazy rivers, surf pools, spas (including spa pools and hot tubs), therapy pools,
waterslide landing pools, spray pads, and other interactive water venues.
Increased Risk Aquatic Venue means an aquatic venue which due to its intrinsic
characteristics and intended users has a greater likelihood of affecting the health of the bathers of
that venue by being at increased risk for microbial contamination (e.g., by children less than 5
years old) or being used by people that may be more susceptible to infection (e.g., therapy patients
with open wounds). Examples of increased -risk aquatic venues include spray pads, wading pools
and other aquatic venues designed for children less than 5 years old as well as therapy pools.
Lazy River means a channeled flow of water of near —constant depth in which the water is
moved by pumps or other means of propulsion to provide a river —like flow that transports bathers
over a defined path. A lazy river may include play features and devices. A lazy river may also be
referred to as a tubing pool, leisure river, leisure pool or a current channel.
Spa means a structure intended for either warm or cold water where prolonged exposure is
not intended. Spa structures are intended to be used for bathing or other recreational uses and are
not usually drained and refilled after each use. It may include, but is not limited to, hydrotherapy,
air induction bubbles, and recirculation.
4. Special Use Aquatic Venue means aquatic venues that do not meet the intended use and
design features of any other aquatic venue or pool listed/identified in this Code.
Section 8.2.2 Limited Application of Regulations
The design, construction, and operation of Type "B" swimming pools are not subject to the
provisions of this ordinance, except than whenever such Type "B" swimming pools are used
for persons other than the homeowner, his family or their invited non-paying guests such Type
"B" swimming pools shall be made to comply with the provisions of this Article applicable to
Type "A" swimming pools. An exception of the requirement of a lifeguard for neighborhood
association pool may be granted by the Health Inspector if the Type "A" pool in question is
protected by a fence or wall barrier, and warning sign requirements are met. Type "B" swimming
pools used only in residential zoned districts by the homeowner and family or their invited non-
paying guests must provide a site plan and construction related information to acquire a building
permit. Type "A" swimming pools are required to comply with Section 8.2.20 prior to being
granted a building permit.
(Ord. 46)
Section 8.2.3 Designation of Manager
The owner, agent or lessees of every Type "A" swimming pool shall designate a manager who
shall be at least eighteen years old, and shall inform the health officer in writing of the name,
address and telephone number of the manager, in the case of the outdoor swimming pools
before the opening of the pool each year, and in the case of an indoor swimming pools prior
to the use of such pool, and at any time there is a change of managers during the season of pool
operation. The written notification shall also include the basis for admission and use of the Type
"A" swimming pool. (Ord. 46)
Section 8.2.4 Lifeguards Required
The manager of every Type "A" swimming pool where a direct charge is made to any person
for admission to the swimming pool or where a membership fee or charge is made for admission
to the swimming pool or where a club or organization membership fee, charge or contribution
includes the privilege of using the swimming pool, shall maintain lifeguards in attendance in
the pool area whenever the swimming pool is in use. The number of lifeguards in attendance
shall be as provided in Section 8.2.5. Provided, that the manager of a Type "A" swimming pool
may permit the use of such Type "A" swimming pool, outside of its normal use hours, by any
person, provided that either such manager or such person provides lifeguards in accordance with
Section 8.2.5. (Ord. 46)
Section 8.2.5 Lifeguard Plan
The manager of a Type "A" swimming pool that is required to maintain lifeguards in
accordance with Section 8.2.4 or that does maintain lifeguards shall submit, or the owner, agent
or lessee of every such Type "A" pool shall submit annually to the health officer a lifeguard
plan. Such lifeguard plan shall show how adequate lifeguard services are to be provided. The
plan shall be submitted in duplicate and shall include a scale drawing of the pool location of
lifeguard elevated chairs and/or stations, water depths, numbers and locations of lifeguards
under the various anticipated use and load conditions, relief and rotation of lifeguards, type
and location of safety equipment, the name and age of each lifeguard, the type, date and issuing
office of the water safety certificate for each lifeguard, and such other information as the health
officer may request.
The lifeguard plan for outdoor swimming pools shall be submitted to and approval received from
the health officer prior to the opening or use of such pool each year and for indoor swimming
pools the lifeguard plan shall be submitted to and approval received from the health officer.
Approval of the lifeguard plan must be granted prior to the use of such pool. The health
officer, after consultation with the manager, owner, agent or lessee submitting the plan, an
American Red Cross representative, Young Men's Christian Association representative, and/or
a park department representative shall approve the plan as submitted, or approve the plan after
such modifications deemed necessary and return the approved plan to the manager, provided,
that after the initial lifeguard plan has been approved such plan may be accepted and approved
for succeeding years on the basis of a written request including a current lifeguard list (each
lifeguard's name and age, and type, date and issuing water safety certificate office), by the
manager, owner, agent or lessee each year, if experience has shown the plan to be satisfactory
and the factors influencing such approved plan have not changed materially, as determined by
the health officer. The manager of a Type "A" swimming pool that is not required to submit
a lifeguard plan may voluntarily submit and request approval of such a plan. In this event, the
manager shall comply with the requirements of such approved plan unless the plan is
withdrawn.
Any false statement by a manager, owner, agent or lessee on a lifeguard plan shall render such
plan invalid and shall be a violation of this Article. (Ord. 46)
Section 8.2.6 Lifeguard Plan Operation
The manager of each Type "A" swimming pool that is required to have an approved
lifeguard plan or that otherwise has an approved lifeguard plan shall operate his Type "A"
swimming pool in accordance with such approved lifeguard plan; provided, that
modifications to the approved lifeguard plan may be made if prior to such modification
implementation, they are approved in writing by the health officer. (Ord. 46)
Section 8.2.7 Pools without Lifeguards
At those Type "A" swimming pools that are not required to have an approved lifeguard plan
and do not have an approved lifeguard plan, a warning sign shall be placed and maintained
in plain view and state "Warning No Lifeguard on Duty" with clearly, legible letters at least
four inches high. In addition, the sign shall also state "Children Less Than 14 Years Old Shall
Not Use Pool Without An Adult In Attendant." (Ord. 46)
Section 8.2.8 Lifeguard Platform or Chair
Type "A" swimming pools that are required to have an approved lifeguard plan, operated
primarily for unorganized use and having an area more than two thousand two hundred and fifty
square feet of water surface area shall be provided with an elevated lifeguard platform or chair.
In such Type "A" swimming pool with four thousand square feet or more of water surface area,
additional elevated chairs or stations shall be provided as required by the health officer,
located so as to provide a clear, unobstructed view of the pool bottom in the area under
surveillance. Unorganized use is use other than supervised instruction, training, competition,
therapy, exhibitions and demonstrations. (Ord. 46)
Section 8.2.9 Lifesaving Equipment
One unit of lifesaving equipment shall consist of the following:
1. Throwing Device AQUATIC VENUES whose depth exceeds 2 feet (61.0 cm) of standing water
shall provide and maintain a U.S. Coast Guard -approved aquatic rescue throwing device, with at
least a quarter -inch (6.3 mm) thick rope whose length is 50 feet (15.2 m) or 1.5 times the width
of the POOL, whichever is less, ;
2. Reaching Pole AQUATIC VENUES whose depth exceeds 2 feet (61 cm) of standing water shall
provide and maintain a reaching pole of 12 foot (3.7 m) to 16 foot (4.9 m) in length, non -
telescopic, light in weight, and with a securely attached Shepherd's Crook with an aperture of at
least 18 inches (45.7 cm).
Not less than one unit of equipment, as above, shall be provided at every Type "A"
swimming pool. One unit shall be presumed to be adequate for two thousand square feet of
water surface area. In Type "A" swimming pools with three thousand square feet or more of water
surface area, additional units or additional equipment shall be provided as required by the
Building Official to match the type of swimming pool facility, Lifesaving equipment shall be
mounted in conspicuous places, distributed around the swimming pool deck, lifeguard chairs
or elsewhere, readily accessible, its function plainly marked and kept in repair and ready,
usable condition. Bathers or others shall not be permitted to tamper with, use for any purpose
other than its intended use or otherwise remove such equipment from its established location.
(Ord. 46)
Section 8.2.10 First Aid
Every Type "A" swimming pool shall be equipped with a first aid kit which shall be kept filled
and ready for use. Specific requirements can be found in the 2018 MAHC (Model Aquatic
Health Code) or the newest version available from the CDC (Center for Disease Control). (Ord.
46)
Section 8.2.11 Access to Closed Pool
When any Type "A" swimming pool is not open for use, access to the pool shall be
prohibited by a method that provides reasonable control. (Ord. 46)
Section 8.2.12 Disinfecting Materials and Methods
Type "A" swimming pools when in use shall be continuously disinfected by a chemical which
imparts an easily measured, free available residual effect by methods contained in the 2018
MAHC (Model Aquatic Health Code) or the newest version available from the CDC (Center for
Disease Control). When chlorine is used, a free chlorine residual of at least 0.4ppm. shall be
maintained throughout the pool whenever it is open or in use. If other halogens are used, residuals
of equivalent disinfecting strength shall be maintained. A testing kit for measuring the
concentration of the disinfectant, accurate within 0.1 ppm. shall be provided at each swimming
pool. The health officer may accept other disinfecting materials or methods when they have
been adequately demonstrated to provide a satisfactory residual effect which is easily
measured and to otherwise be equally as effective under conditions of use as the chlorine
concentration required herein, and not be dangerous to public health, create objectionable
physiological effects or impart toxic properties to the water. Swimming pool water shall be
maintained in an alkaline condition as indicated by a pH of not less than 7.2 and not over 8.2.
A pH testing kit accurate to the nearest 0.2 unit shall be provided at each swimming pool. The
alkalinity of the water shall be at least 50 ppm. as measured by the methyl -orange test.
Chemicals used in controlling the quality of water shall be demonstrated as imparting no toxic
properties to the water. Such chemicals as may be used for algae control shall be approved
for use by the health officer. (Ord. 46)
Section 8.2.13 Cleaning
The swimming pool water shall have sufficient clarity at all times so that a black disc, six inches
in diameter, is readily visible when placed on a white field at the deepest point of the swimming
pool when observed from the side of the pool at a point adjacent thereto, or methods contained
in the 2018 MAHC (Model Aquatic Health Code) or the newest version available from the CDC
(Center for Disease Control). Visible dirt on the bottom of the swimming pool shall be removed
every twenty-four hours or more frequently as required. Visible scum or floating matter on the
swimming pool shall be removed every twenty-four hours by flushing or other means considered
Best Practices in the discretion of the Health Officer. (Ord. 46)
Section 8.2.14 Personal Regulations
A reasonable application of the following personal regulations shall be the responsibility of the
manager of each Type "A" swimming pool.
1. All persons using the swimming pool shall take a cleansing shower bath before
entering the swimming pool.
2. Any person known to have an infectious or communicable disease shall be
excluded from a public swimming pool. Persons having any considerable area of exposed sub-
epidennal tissue, open blisters, or cuts shall be warned that these are likely to become infected
and advised not to use the swimming pool.
3. Spitting, spouting of water, and blowing the nose in the swimming pool will be
prohibited.
4. No running, boisterous or rough play, except supervised water sports, shall be
permitted in the pool, on the runways, diving boards, floats, platforms or in dressing rooms
and shower rooms.
5. Suitable placards embodying the above personal regulations and instructions
shall be conspicuously and appropriately posted at all Type "A" swimming pools. (Ord. 46)
Section 8.2.15 Violation of Personal Regulations
Any person willfully violating or refusing to comply with the personal regulations contained in
Section 8.2.14 shall be deemed guilty of a misdemeanor. (Ord. 46)
Section 8.2.16 Daily Records
The manager of each Type "A" swimming pool shall keep a daily record on forms furnished by
the health officer. These data shall be made available to the health officer and shall be
maintained on file for a period of at least one year. (Ord. 46)
Section 8.2.17 Weekly Analysis of Water Samples
The manager of each Type "A" swimming pool, shall, as required by the health officer,
collected and submitted to the health officer for laboratory analysis at least two samples of the
swimming pool water per week, whenever the pool is in operation. (Ord. 46)
Section 8.2.18 Order of Closure
The health officer, because of epidemics or an outbreak of sickness related to type "A"
swimming pool or because of the potential of transmission of disease or sickness through a
Type "A" swimming pool or because of failure to comply with the requirements of this Article,
may as a preventive public health measure, order such Type "A" swimming pool to be closed
and/or order such modifications of pool water treatment or pool operation and use as the officer
deems necessary considering best practices. The manager of a Type "A" swimming pool
receiving such order shall comply and may then appeal such order in writing within ten days to
the Health Officer. Provided that such denial is affirmed by the health officer, the manager of
a pool may appeal to the City Council of the City of Bel Aire, by issuing a request in writing to
the City Clerk for a hearing before City Council. Request shall be file with the clerk within 10
days from the issuance of the final decision from the health officer. Such appeals shall be heard,
with sufficient notification as to time and place given to the pool manager within ten days after
the clerk receives the written request. (Ord. 46)
Section 8.2.19 Inspection by Health Officer
The health officer is authorized to conduct such inspections as he or she deems necessary to insure
compliance with all provisions of this Article and shall have the right of entry, at any
reasonable hour, to all Type "A" swimming pools for this purpose. (Ord. 46)
Section 8.2.20 Plans and Specifications for Construction
No person shall begin construction of a Type "A" swimming pool or shall substantially alter
or reconstruct any Type "A" swimming pool, without first having submitted plans and
specifications to the Building Official for review, and without receiving a copy of these
submitted plans and specifications approved by the Building Official. Two copies of the plans
and specifications shall be submitted to the Building Official with one copy of each being
returned. An additional copy shall be provided in electronic form. The plans shall be drawn to
scale and accompanied by proper specifications so as to permit a comprehensive, engineering
review of the plans, including the piping and hydraulic details. The plans shall include plan
and sectional views with all necessary dimensions of both the pool and surrounding area.
The plans shall also include a piping diagram showing all appurtenances including treatment
facilities, in sufficient detail, as well as pertinent elevation and data, to permit a hydraulic
analysis of the system. The specifications shall contain details on all treatment equipment
including catalog identification of pumps, chlorinators, chemical feeders, filters, strainers,
interceptors, and related equipment. The basis of review by the Building Official shall be the
most recently published Suggested Ordinance and Regulations Covering Public Swimming
Pools prepared by the joint committee on swimming pools and bathing places of the American
Public Health Association, Conference of State Sanitary Engineers and Conference of
Municipal Public Health Engineers, in cooperation with the United States Public Health
Service and/or the Proposed Minimum Standards for Public Pools published by the
American National Standards Institute (ANSI) for Swimming Pools and best practices. The pool
and facilities shall be built in accordance with the plans as approved unless approval of changes
has been given in writing by the Building Official. (Ord. 46)
Section 8.2.21 Petition and Hearing for Review
Any person affected by any notice or decision by the health officer which has been made in
connection with the enforcement of any provisions of this Article, except as has been provided
for in Section 8.2.18 of this Article who is aggravated thereby, and who believes the same to be
contrary to the policies or regulations of this city, may request and shall be granted a hearing on
the matter before the City Council, provided that such person shall file in the office of the
Health Officer a written petition requesting such hearing and setting forth a brief statement of the
grounds therefor, within ten days after the notice or decision was received. Upon receipt of such
petition, the health officer shall set a time and place at the next regular scheduled meeting of the
City Council for such hearing, and shall give the petitioners written notice thereof. Upon
application of the petitioner, the health officer may postpone the date of the hearing if in his
judgment the petitioner has submitted a good and sufficient reason for such postponement. At
such hearing, the petitioner shall be given an opportunity to be heard and to show why such
notice or decision should be modified or withdrawn. After such hearing, the City Council
may sustain, modify, or withdraw the notice or decision, depending upon their findings as
to whether the provisions of this Article have been complied with. (Ord. 46)
Section 8.2.22 Fencing
Private swimming pools, as defined in this Article shall be protected and enclosed with a fence,
wall enclosure at least sixty inches in height, or an approved wall barrier.
Fencing or Wall Barriers. All gate openings for pools secured by fencing or wall barriers shall
be latched when not under the supervision of an adult. Such latch shall reasonably insure
against accidental access to the pool by the children. Fencing for the entire yard in which a
swimming pool is located is acceptable provided such fence and or wall complies with the
above requirements. (Ord. 46)
All fences and walls shall be constructed with a finished surface facing outward from the property
(e.g. in the case of a wooden fence, a "finished surface" means a surface of the fence where the
pickets or slats are fully exposed to view). The posts and support beams shall be on the inside of
the finished surface.
Openings in the fence or barrier shall not allow passage of a 4 -inch -diameter (102 mm) sphere.
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain
indentations or protrusions except for normal construction tolerances and tooled masonry joints.
Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top
of the pool structure, and the means of access is a ladder or steps shall be secured, locked or
removed, any opening created shall not allow the passage of a 4 -inch -diameter (102 mm) sphere
Barriers shall be located to prohibit permanent structures, equipment or similar objects from
being used to climb them.
Automatic Pool Coverings In lieu of the fencing specified above a swimming or working pool
may be protected and enclosed, when not under the supervision of an adult, by means of a
power safety cover meeting the most recent specifications approved by the American Society
for Testing and Materials for swimming pool covers under the fixed designation standard F
1346 (ASTM F 1346). Spa pools may be protected by a locked spa pool cover.
Section 8.2.23 Penalty
Any person violating any of the provisions of this Article is guilty of a misdemeanor. (Ord.
46)
SECTION 2. REPEAL. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in
force from and after the publication of its summary in the Ark Valley News, and
official City newspaper.
Passed by the Governing Body on 4/Liday of February, 2020.
Signed by the Mayor this W day of February, 2020.
YOR, Jim Benage
ATTEST:
CITY CLERK, Melissa Krehbiel
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