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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 SE OF Be CITY OF. THE FUTURE WITH RESPECT FOR ITS PAST