As a condition of obtaining and keeping a permit, a public pool or spa shall at all times be in compliance with the following permit conditions.
(a) The public pool/spa shall meet or exceed the standards set forth in Tex. Health and Safety Code § 341.064, “Swimming Pools and Bathhouses,” as currently enacted or as it may hereafter be amended.
(b) The public swimming pool/spa shall meet or exceed the standards set forth in Tex. Administrative Code Title 25, Chapter 265, Subchapter L, “Standards of Public Pools and Spas,” as currently enacted, or as it may hereafter be amended.
(c) Fencing or other enclosures for the public swimming pool/spa shall meet or exceed the requirements of Chapter 7, “Buildings,” of the code of the City of Fort Worth, Texas (1986), as amended, V.T.C.A. Health and Safety Code Chapter 757, “Pool Yard Enclosures,” as currently enacted, or as it may hereafter be amended, and the standards set forth in Tex. Administrative Code Title 25, § 265.200, “Pool Yard and Spa Yard Enclosures for Post-10-01-99 and Pre-10-01-99 Pools and Spas.”
(d) Pool or spa yard enclosures.
(1) All Class C and D pools and spas, must have an enclosure. Any existing pool or spa that does not have an enclosure shall construct an enclosure in compliance with this subsection (d)(1). Such enclosure on existing pools and spas not subject to the Tex. Health and Safety Code Chapter 757, shall be upgraded to the standards set forth in this article by January 7, 2007. Enclosures on existing pools/spas subject to the Health and Safety Code Chapter 757, that are not in compliance, shall be upgraded to the standards of Chapter 757 by January 7, 2007.
(2) The pool or spa yard enclosure shall consist of one or a combination of the following: a fence, portion of a building, wall or other durable enclosure. Doors, openable windows, gates of living quarters or associated private premises shall not be permitted as part of the pool/spa enclosure. The enclosure, doors and gates shall meet the following specifications:
a. Minimum effective perpendicular height of at least 48 inches as measured from the deck surface or ground on the outside of the fence;
b. Be designed and constructed so that it cannot be readily climbed by small children. If the enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 45 inches, the openings shall not allow the passage of a four-inch diameter sphere;
c. If the pool/spa yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the openings may not allow a sphere one and three-fourths inches in diameter to pass through the enclosure;
d. Planters or other structures that may allow children to climb the fence shall not be permitted to encroach within 36 inches measured horizontally from the outside of the fence; and
e. Chain link shall not be used.
(3) Gates and doors for the public pool or spa yard enclosure shall:
a. Be equipped with self-closing and self-latching devices and be latched when the pool or spa is not in use. The self-closing device shall be designed to keep the gate or door securely closed and the self-latching device shall latch when the gate is allowed to close from anywhere in its range of operation, from its fully open position to a position where the gate is open six inches from the fully closed position;
b. Open outward away from the pool or spa except for compliance with applicable city ordinances;
c. Have hand activated door or gate opening hardware located at least three and one-half feet above the deck or walkway;
d. Be capable of being locked;
e. Be locked when a Class A or B pool or spa at a Class A or B facility is not opened for use; and
f. Be locked when a pool/spa is closed as a result of a hazard or condition that warrants the closure and locking of the pool/spa.
(4) The enclosure shall be designed and constructed so that all persons will be required to pass through common pool/spa enclosure gates or doors in order to gain access to the pool/spa area. All gates and doors exiting the pool/spa area shall open into a public area or walkway accessible by all patrons of the pool/spa.
(e) All plumbing, electrical work, mechanical facilities and structures for the swimming pool/spa shall meet or exceed all applicable requirements of Chapter 7, “Buildings;” Chapter 11, “Electricity;” and Chapter 26, “Plumbing,” of the code of the City of Fort Worth, Texas (1986), as amended.
(f) Storage of pool/spa chemicals shall meet or exceed all applicable requirements of Chapter 13, “Fire Prevention and Protection,” of the code of the City of Fort Worth, Texas (1986), as amended.
(g) Pool/spa water shall be maintained so as to prevent the breeding or harborage of insects.
(h) Pool/spa water shall not emit odors that are foul and offensive to a person of reasonable sensibilities.
(i) Plumbing facilities shall be installed so that swimming pool/spa filter backwash is filtered and recycled in a manner approved by the water department.
(j) A permit holder or applicant shall give the director access at all reasonable times to inspect the swimming pool/spa and to take water samples to determine compliance with this article.
(k) A swimming pool/spa permit shall be prominently displayed on the pool/spa premises and be available at all times for inspection by the director.
(l) Drainage from public swimming pools/spas shall be discharged to the sanitary sewer system only with the prior consent of the water department or that director’s authorized representative.
(m) All Class D pools/spas constructed after the adoption of this article will have separate filtration systems and the recirculation system shall turn over the entire pool/spa water capacity at a minimum of once every 30 minutes based on the manufacturer’s recommended turn over rate with a clean filter.
(n) All post-October 1, 1999 pool and spa changing/bathing areas shall be equipped with at least one diaper changing station(s) per restroom. Each changing station will be manufactured from smooth and easily cleanable sturdy materials and maintained in good repair at all times when the pool/spa is open. Each diaper changing area will be equipped with hand washing sinks and supplied with hot and cold running water and soap for hand washing and disposable towels or air hand drying device.
(o) A sign visible from the pool/spa yard enclosure shall state in at least two-inch letters “DIAPER CHANGING IN THE POOL/SPA AREA IS PROHIBITED.”
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 7, passed 3-1-2005; Ord. 18521-03-2009, § 1, passed 3-31-2009)