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HomeMy Public PortalAboutOrd 046 Swimming Pools fJ,q,I.y; / (First published in the R..-p".Ifc,(' the/~day of j)Prt"'.ff>n,...e/1982) THE CITY OF BEL AIRE ORDINANCE NO. Lith AN ORDINANCE PROVIDING FOR THE REGULATION OF SWI}fl1ING POOLS WITHIN THE CITY OF BEL AIRE; PROVIDING FOR DEFINITIONS; ESTABLISHING CLASSES OF SWIMMING POOLS; PROVIDING FOR LIFEGUARD AND LIFEGUARD PLAN; PROVIDING FOR REGULATIONS OF SWIMMING POOLS; PROVIDING FOR ORDER OF CLOSURE AND APPEAL; PROVIDING FOR INSPECTION BY THE HEALTH OFFICER; PROVIDING FOR REVIEW OF PLANS AND SPECIFICATIONS; and PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. DEFINITIONS. 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 anyone point. 2. TYPE "A" SWIMMING POOL shall mean any swinnning pool other than a type "B" swimming pool, used or intended to be used collectively by numbers of persons for swimming or bathing, operated by any person as defined herein, whether he 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. " 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 his family or their invited non-paying guests, provided that whenever such Type "B" swimming pool is used for persons other than the homeowner, his family or their non-paying invited guests, such Type "B" swimming pool shall be made to comply with the provisions of this ordinance applicable to Type "A" swimming pools. 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 at a Type "A" swimming pool 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, or lessee to be responsbile for the oepration, supervision and maintenance of a Type "A" swimming pool. 7. HEALTH OFFICER shall mean the person designated by the City Council ascHealth Officer fa the City. Section 2. LIMITED APPLICATION OF REGULATIONS TO TYPE "B" SWUfl1ING POOLS. 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 ordinance applicable to Type "A" swinnning pools. Section 3. DESIGNATION OF MANAGER-NOTICE TO HEALTH OFFICER. The owner, agent or lessees of every type "A" swinnning pool shall designate a manager who shall be at least twenty-one 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 swinnning 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. Section 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 organiza- tion 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 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 5, Section 5, LIFEGUARD PLAN. The manager of a Type "A" swimming pool that is required to maintain lifeguards in accordance with Section 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 prior to the use of such pool. The health officer, after consultation as he deems necessary with the manager, owner, agent or lessee submitting the plan, an American Red Cross representative, Young Henr:s Christian Association representative, and/or a park department representative shall approve the plan as submitted, or approve the plan after such modifications as he deems 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, he 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 ordinance. Section 6. OPERATION IN ACCORDANCE WITH APPROVED LIFEGUARD PLAN. 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 modifcation implementation, they are approvedin writing by the health officer. Section 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 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 16 Years Old Shall Not Use Pool Without An Adult In Attendant." Section 8. ELEVATED LIFEGUARD PLATFORM OR CHAIR, Type "A" swimming pool.s 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 poibl 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, ther apY~., exhibitions and demonstrations, Section 9. LIFESAVING EQUIPMENT. One unit of lifesaving equipment shall consist of the following: A ring buoy with an outside diameter of fiteen to seventeen inches which shall be attached to a sixty-foot length of three-sixteenths inch rope; A life pole or shepherd's crook type of pole having blunted ends with mlnlmum length of twelve feet, and a separate throwing line of one-fourth inch rope with length not less than one and one-half times the maximum width of the pool. 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 shall be provided as required by the health officer, 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. Section 10. FIRST AID, Every Type "A" swimming pool shall be equipped with a first aid kit wRich shall be kept filled and ready for use. Section 11. CONTROL OF 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. Section 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. 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 objectional 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. Section 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. 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. Section 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 subepidermal 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. Section 15. VIOLATION OF PERSONAL REGULATIONS. Any person willfully violating or refusing to comply with the personal regulations contained in Section 14 shall be deemed guilty of a misdemeanor. Section 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. Section 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. Section 18, ORDER OF CLOSURE-APPEAL. The health officer, because of epidemics or an outbreak of sickness related to type "A" swinnning pool or because of the potential of transmission of disease or sickness through a Type "A" swinnning pool or because of failure to comply with the requirements of this ordinance, 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 he deems necessary. The manager of a Type "A" swinnning pool receiving such order shall comply and may then appeal such order in writing within ten days to the health officer and failing may appeal to the City Council of the City of Bel Aire, by requesting in writing to the City Clerk, within ten days after receiving the decision of the health officers, a hearing before such City Council. Such appeals shall be heard, with sufficient notification as to time and place given the manager, within ten days after receipt of the written request. Section 19. INSPECTION BY HEALTH OFFICER The health officer is authorized to conduct such inspections as he deems necessary to insure compliance with all provisions of this ordinance and shall have the right of entry at any reasonable hour to all Type "A" swinnning pools for this purpose. Section 20. PLANS AND SPECIFICATIONS FOR CONSTRUCTION. No person shall begin construction of a Type "A" swinnning pool or shall substantially alter or reconstruct any Type "A" swinnning pool, without first having submitted plans and specifications to the health officer for review, and without receiving a copy of these submitted plans and specifications approved by the health officer. Three copies of the plans and specifications shall be submitted to the health officer with two copies of each being returned. 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 health officer shall be the most recently published Suggested Ordinance and Regulations Covering Public Swimming Pools prepared by the joint connnittee on swinnning 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 National Swinnning Pool Institute, 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 health officer. Section 21. PETITION AND HEARING FOR REVIEW OF NOTICES AND DECISIONS. 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 ordinance, except as has been provided for in Section 18 of this ordinance 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 suffient 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 ordinance have been complied with. Section 22. FENCING-PRIVATE SWIMMING POOLS. Private swimming pools, as defined in Section 1 shall be protected and enclosed with a fence or wall enclosure at least sixty inches in height. Gates leading to such pools 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 or wall complies with the above requirements. Section 23, PENALTY FOR VIOLATION OF PROVISIONS OF THIS ORDINANCE. Any person violating any of of a misdemeanor,and upon conviction. than Five Hundred Dollars ($500.00). continues shall constitute a separate the provisions of this ordinance is guilty shall be punished by a fine of not more Each day any violation of this ordinance offense. Section 23. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its publication in the official City publication. Passed by the City Council this 7){ day of j~ce~~, 1982. Approved by the Mayor this ?,.0 day of ,;/.t!e('f?.n1lPch 1982. / // ATTEST :/1.7 /-f City Clerk // ~ //, !,-t~f/~;tf'.-",.-/ . "1.1 A8J.$"j ~\" ;>,:r'--"~, (,. '~' ,...~\j -, r\ "J. ,::) -' ," -. ".i :-':/'-' ...,..... - ' "" \. __I.... .....\, :d, 2 ~.~\,' ~',2:)\: .:~,~ ,~~::~ :)~\;;,::.::j ,,}. 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