HomeMy Public PortalAboutOrd 046 Swimming Pools
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(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.
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ATTEST :/1.7 /-f
City Clerk
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