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HomeMy Public PortalAboutORD09430 i ILL N0. INTRODUCED BY COUNCILMAN C ORDINANCE NO. 'tD SAN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, 1978, BY ADDING A NEW ARTICLE IV TO CHAPTER 19 THEREOF, REGULATING THE OPERATION AND MAINTENANCE OF SWIMMING POOLS WITHIN THE CITY OF -JEFFERSON, AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. The Code of the City of Jefferson, 1978 , is Thereby amended by adding the following to Chapter 19: ARTICLE IV--SWIMMING POOLS Section 19-30. Definitions. For the purpose of this iOrdinance the following terms, phrases, words and their derivations ( shall have the meaning given herein: A. SWIMMING POOL is an artificial or natural receptacle containing a body of water, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming, whether or not any charge or fee is imposed for such uses, operated and maintained by any person, firm or corporation, partnership, association, company or any organization of any kind, including all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, apartment complexes and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and (maintenance of a swimming pool, excluding family pools as defined herein. B. FAMILY POOL is a body of water and auxiliary structures operated and maintained at a private residence, and intended only for the use of the owner or owners and invited guests. C. PERSON is any person, firm, partnership, association, corporation, institution or any organization of any kind, including public educational institutions. D. HEALTH AUTHORITY is the designated representative from the Department of Planning and Code Enforcement, Division of ( Community Sanitation. Section 19-31. Operating - Requirements. "A Guide for the Design and Operation of Public Bathing Places" (E 12. 01-Rev. 5/72); printed by the Deparment of Social Services, Missouri Division of Health, Jefferson City, Missouri , has been adopted by the Jefferson City Planning and Code Enforcement, for interpretation and enforce- ment , and a copy of the same has been filed in the office of the City Clerk of the City of Jefferson. . s I • , -2- A. Any person owning or operating a swimming pool , or a ool operated as ancillary service of a motel , hotel , or apartment comples, excluding family pools, shall provide and maintain the � following 1 . At least one ( 1) lifeguard on duty and at an lappointed station for each fifty (50) persons in the pool area during the time that such pool is in use. Said lifeguard shall hav completed the Senior Life Saving or Water Safety Instructor course conducted by the American Red Cross or the YMCA, and shall have in his possession a valid, unexpired card duly authenticated to that effect ; except that when organized classes are being conducted by i an educational institution, the aforesaid requirements shall be satisfied by the presence of an appointed swimming instructor of the institution conducting the classes. All such lifeguards or instructors on duty must be physically fit and able to rescue any ( bather in danger of drowning. (++ 2. Rules for the conduct of bathers so as to minimize danger of injury to persons using the pool shall be approved by the Department of Planning and Code Enforcement. 3. Swimming pools operated in conjunction with a hotel, motel, or apartment complex, shall at all times when a lifeguard is not on duty, have conspicuously posted at the entrance to the pool a sign with letters not less than two (211) inches in height reading, "No Lifeguard on Duty. Swim at Own Risk" . .4. Daily records showing chlorine residuals and pH r. ' values shall be kept and made available upon request. is B. Operating ,requirements for swimming pools and family pools: 1. The water in such pool shall contain not less than 0. 6 P.P.M. or more than 2. 0 P.P.M. available or excess chlorine and a pH between 7. 2 and 7. 8 at all times when the pool is in use except that natural bodies of water shall only be certified free of pollution and approved for swimming by the Health Authority. 2. A continuous feeding chemical feeder sized accordin to the pool size, having such capacity to maintain proper chlorine residuals in the pool at all times. 3. Filter required. Filter(s) of acceptable construc- tion with a circulation pump capable of a pool turnover rate of once every eight (8) hours, complete with pressure gauge and flow metering device. 4. Bacteriological quality demonstrated by water samples collected by the Health Authority and analyzed by a 'I certified laboratory. "Staphylocci Organism" per standard sample ishall not exceed 50 per 100 ml. of pool water. Whenever in any two consecutive tests made by the Health Authority, not more than fifteen (15) days apart nor less than five (5) days apart , the count of staphylocci organisms exceed the allowable limits described above, the pool shall be immediately closed on a tem - porary basis until further tests are conducted and the water complies with the above standards. 5. Convenient means of ingress and egress shall be provided. Water depth shall be clearly indicated as well as any irregularities of the bottom of the pool. Section 19-32. Requirements for Family Pools and Swimming Pools. Any person owning or operating a swimming pool or family pool shall provide and maintain the following: A. Fence Required - Every permanently constructed swimming pool and permanently constructed family pool within the City of Jefferson, whether public or private, or the property upon which such is located, shall be completely surrounded by a fence or wall not less than four (41 ) feet in height , having no openings II� I i for holes larger than six (6") inches in any dimensions except for i doors and gates. All doors and gates shall be fastened and locked lat any and all times that the pool is not in use or is unattended. i; B. Sanitation and Safety of Premises - The buildings , grounds, dressing rooms, and other swimming pool or family pool Ifacilities shall be kept in a sanitary and safe condition and main-, Itained free from garbage, trash and other refuse, and objects hazardous to thealth and safety of bathers. C. Powers and Duties of the Health Authority - The ( Department of Planning and Code Enforcment shall be required to inspect all swimming pools and family pools regularly and to take samples of water in use for the purpose of determining the sanitar ( condition of the pool and pool area, and for this purpose shall have the right to enter upon the pool premises. If the condition of the pool area or the water (except bacteriological quality) fails to meet the requirements of the rules and regulations of the Department of Planning and Code Enforcement , or fi the pool is not being operated within the provisions of this ordinance, the Depart- ment of Planning and Code Enforcement shall have the power to abate for cause a suspension of the use of such pool until such time as 'compliance is obtained; provided, however, that the owner and operater of the pool shall have first been notified of the unsatis factory conditions and given a reasonable period of time to correct the conditions to the satisfaction of the Department of Planning II and Code Enforcement. 1. Family pools shall be exempt from regular inspection. IThe Department of Planning and Code Enforemenet shall inspect family pools under the following conditions: a. After receiving a request from the owner for assistance, with a date and time pre-determined by the owner prior to the inspection. b. After receiving a complaint upon the operation I� of a family pool creating a nuisance to the public, at which time the owner shall be contacted as to the nature of the complaint and a pre-determined time � established for the inspection. 2. All assistance available to swimming pool owners ishall be made available to the family pool owner upon request. II Section 19-33. Building Permits. Prior to excavation for construction of any permanent structured swimming pool or fami ! pool, complete plans and specifications must be submitted to the ` office of Planning and Code Enforcement for review and issuance of I a building permit. A fee based on cost of construction shall be assessed for each building permit issued. Section 19-34. Penalty Clause. Any person who shall violate a provision of this ordinance or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500. 00 or by imprisonment in the City Jail not exceeding six months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. a � I i I, -4- {> Section 19-36. Disclaimer Clause. This ordinance shall t of be construed to relieve from or lessen the responsiblity or ��}�• liability y of any party owning, operating, controlling, or installing ' e'' k; a swimming pool or family pool. Nor shall the City of Jefferson, { or any of its inspectors, agents or employees, including its �43f• .:t.. sanitarian, be held as assuming any such liability by reason of the inspection authorized herein or permits issued as herein r` rovided. Section 2. This Ordinance shall be in full force and ;r• effect from and after its passage and approval. Passed Approved 2 P es' ent f the C until ayor Attest : -.'oolzoz (--10 l Clerk xXsG: 1 1' S k4!•• :. 9+ f ri� ;,j'i: t J.1 Aa