Loading...
HomeMy WebLinkAboutOrdinance 10495,`,~- ' ~F> r s 5 ,~~ ,'a~ 1r, ' - •~` 5 ~ `J. 1" i ORDINANCE NO. -~~iT i~ AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (I986), AS AMENDED, BY REQUIRING BARRIERS AROUND OUTDOOR SWIMMING POOLS IN THE CITY, SPECIFYING THE PURPOSE OF SUCH BARRIERS, PRO- VIDING DEFINITIONS; SPECIFYING THE HEIGHT AND TYPE OF CONSTRUCTION FOR SUCH BARRIERS, RE- QUIRING THAT GATES AND DOORS IN SUCH BARRIERS BE EQUIPPED WITH CLOSURE DEVICES, PROVIDING FOR EXEMPTION FROM AND MODIFICATION OF SUCH REQUIREMENTS; PROVIDING DATES FOR COMPLIANCE WITH SUCH REQUIREMENTS; PROVIDING FOR A PEN- ALTY NOT TO EXCEED 52,000 FOR EACH VIOLATION, PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR ENGROSSMENT AND ENROLLMENT, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTION 1 That Chapter 7, "Buildings," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by adding the following new section Sec 7-1 Barriers for Outdoor Swimming Pools (a) Purpose (1) The purpose of this section is to provide a higher degree of protection against potential drownings, especially among children, through the use of safety barriers It is not intended as a substitute for adult supervision of children in pool areas or adult responsibility for supervision of access to such areas (2) The city recommends that all persons be taught how to swim ak .. .' '~ (b) Definitions ti ,. .~~ r-"t"' (1) "Swimming pool" means any outdoor structure intended for swimming or recreational bathing that contains water over 24 inches deep Includes in- ground, above-ground and on-ground swimming pools, hot tubs and spas (2) "Barrier" means a fence, wall, building wall or combination thereof, or other abject or structure, which completely surrounds and obstructs access to a swimming pool. (3) "Portable spa" or "Portable hot tub" means an outdoor movable structure intended for recre- ational bathing, in which all controls, water heating and water circulating equipment are an integral part of the structure and which is cord connected (not permanently electrically wired) (c) Barrier Required Outdoor swimming pools shall be provided with a barrier which shall meet the following requirements. (1) The barrier shall be not less than 48 inches in height and shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates, and if a picket or iron fence is erected or maintained, the horizontal dimension shall not exceed four inches Such barrier shall comply with provisions of the zoning ordinance and other applicable City codes and ordinances (2) A wall of a dwelling ar structure is permitted to serve as part of the barrier. (3) Natural topographical barriers such as lakes, rivers, retaining walls, impenetrable hedges, and inaccessible inclines may be substituted as part of the barrier (4) All gates or doors opening through such barriers shall be equipped with a device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwell- ing or dwelling unit which forms a part of the barrier need not be so equipped. Such closure device shall be attached not less than forty inches above grade Such gates or doors shall be kept securely closed at alI times when not in actual use 2 S,n... _> ~` ''is N 3~J •w j t. a ~~ r (5) Temporary access through a barrier may be permit- ted during construction if a temporary barrier is provided during times when such access is not in use. (6) No person in possession of land within the city, either as owner, purchaser, lessee, tenant or licensee, upon which is situated an outdoor swimming pool, shall fail to provide a barrier as herein provided. (d} Exemptions (1) Indoor swimming pools are exempt (2) Outdoor swimming pools less than 24 inches in depth are exempt. (3) Outdoor swimming pools having at least 46 inches measured vertically between pool decking or pool top and adjoining grade are exempt provided that their access ladder or steps can be locked or blocked in a manner approved by the building offi- cial when such ladder or steps are not in use. {4) Outdoor swimming pools facing a private golf' course or other restricted access area where the erection of barriers is prohibited by deed re- strictions are exempt (5) Portable spas or portable hot tubs with safety covers of a type approved by the building official are exempt (e) Modifications. The building official may make modifications in indi- vidual cases, upon a showing of good cause with respect to the height, dimension of dpenings, nature or location of a barrier, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The building official may permit other protective devices or structures to be used so long as .the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the barrier described herein. (f) Application of Provisions (1) The requirements of this section shall be applica- ble to all outdoor swimming pools located within the city, whether construction began before or after the effective date of this section, subject, however, to the provisions of subsection (2) here- of . 3 .e .~ 3y ~ • ~ . y ~ - ~ ' . (2) All outdoor swimming pools upon which construction was commenced before the effective date of this section, shall be made to conform to the require- ments of this section on or before February 1, 1991. (g) Violations Any person violating a provision of this section, upon conviction, is punishable by a fine not to exceed two thousand dollars (52,000 00). SECTION 2 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3 It is hereby declared to be the intention of the City Coun- cil that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sen- tence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the 4 ie ~. . '~i ~ r' ... 1, ~ r r .. enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars (52,000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City SECTION 6 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Sec- tion 52 013, Texas Locai Government Code. SECTION 7 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.. APPROVED AS TO FORM AND LEGALITY: City Attorney Date ADOPTED ~ ~~ V EFFECTIVE. ____ 5 `~ .~ .; ~', ~;r Added to Section 7-Y C the Following "(_1) such barriers shall comply with provisions of the zoning ordinances and other applicable city codes and ord- na~nces':~~and ''(e), dimensions of openings to the modifications that may 6e approved 6y building officials, thereby giving the building officials, es= pecially with existing fences, the discretion to determine if there is a danger to the child if it happens to 6e slightly larger than the four inches prescribed in the rest of the ordnance." ~, jr` •AOCGilI/T11'la•a ~~~®11° fRAMSPORTAT1011(PtFt111C SMORRtii M~TE.R ADMI uw I ~~,~'l c~~~~,~~ll c~®~,~,~c~.~~~~~®~, N'4~8~~A ~ REFERENCE NUMBER SUBJECT ORDINANCE TO REQUIRE PAGE 1-9-90 _ G-8403 FENCES AROUND SWIMMING POOLS ,of 1_ RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance. BACKGROUND: On December 19, 1989, members of the City Council directed the City Attorney to draft an ordinance requiring swimmin g pools in the City of Fort Worth to be surrounded by fences. Attached is a proposed ordinance whi ch would establish the following r~equirements• 1. All swimming pools must be enclose d by a fence not less than four feet in height; 2. All gates or doors opening into a swimming pool enclosure must be equipped with a self-closing and self-latching device not readily accessible to small children, and 3. A]1 pools constructed after February 1, 1990, must meet these requirements. All existing pools m ust comply before February 1, 1991, or whenever work exceeding $10,000 is done to any structure on the same premises, whichever occurs first. FINANCING Adoption of this ordinance does not require the expenditure of any city funds. WWW•k/6 APPROVED B~; CITY COUNCIL ~~ i n n! 16 1~9~ 9~~~ Cftp Secretazy of the City of Fort earth, %ax~xvlr SUBMITTED FOR IHt )) OIFFICEABY GER'S gi 11 Wood X6122 DISPOSITION CO NCIL. PROCESSED BY AP ED ORIGINATING DEPARTMENT HEAD• Wade Adkins x7623 ~ [ OTH ( SCRIB TY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Wade Adkins x7623 do ted Ordinance No. ~,,,.,,.~,.. ~ DAT E