HomeMy WebLinkAboutOrdinance 24340-08-2020 ORDINANCE No. 24340-08-2020
AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY ADOPTING THE
2018 INTERNATIONAL SWIMMING POOL AND SPA CODE,WITH LOCAL AMENDMENTS;
AMENDING CHAPTER 7: BUILDINGS OF THE CODE OF THE CITY OF FORT WORTH
(2015) TO ADD ARTICLE XII, "INTERNATIONAL SWIMMING POOL AND SPA CODE";
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR,MOVING,REMOVAL,DEMOLITION,CONVERSION,OCCUPANCY,EQUIPMENT,
DESIGN, QUALITY OF MATERIALS, USE , HEIGHT, AREA, REHABILITATION AND
MAINTENANCE OF POOL AND SPAS IN THE CITY OF FORT WORTH;DEFINING CERTAIN
TERMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES
THEREOF; PROVIDING FOR THE INSPECTION OF BUILDINGS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2019,the Texas Legislature passed House Bill (HB 2858) which adopted
the 2018 International Swimming Pool and Spa Code (ISPSC) as the municipal swimming pool
and spa code in this state; and
WHEREAS,in accordance with HB 2858, if a municipality elects to regulate pools or spas
will do so in accordance with the 20I8 ISPSC and the bill also provides for the adoption of local
amendments; and
WHEREAS, the North Central Texas Council of Governments' (NCTCOG) Regional
Codes Coordinating Committee (RCCC) and its five advisory boards conducted open meetings
over a one-year period to review the 20I8 editions of the International Codes and to develop
regional amendments; and
WHEREAS, the RCCC's recommendation to adopt the ISPSC along with regional
amendments was endorsed by the NCTCOG's Executive Board on September 27, 2018; and
WHEREAS,the local Texas Pool and Spa Coalition and the Development Advisory Board
are aware of the code adoption and have not voiced any concerns; and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Section 7-1,"The Fort Worth Building Administrative Code,"Part I—Scope and Application,Section
101.2 Scope is hereby amended to add the Pool and Spa Code to the group of codes that are referred to as
"the Technical Codes"to read as follows [Sections 101.1; 101.2.1; 101.2.2; 101.2.3; 101.2.4; 101.2.5,
101.2.6; 101.5 and following paragraph remain unchanged]:
Ordinance No.24340-08-2020
Page 1 of 10
Sec.7-1 Building Administrative Code
PART I- SCOPE AND APPLICATION
SECTION 101 —GENERAL
101.2 Scope. The provisions of this Code shall serve as the administrative, organizational, and
enforcement rules and regulations for the Fort Worth Building, Residential, Plumbing,
Mechanical, Electrical, Sign, Pool and Spa and Existing Building codes, herein referred to
as "the Technical Codes", which regulate the construction, alteration, relocation, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure or any appurtenances connected or attached to such
buildings or structures.
101.2.7 Electrical. Any reference to NFPA 70 shall mean the Fort Worth Electrical Code as
adopted with amendments and shall regulate:
1. The design, construction, installation, alteration, repairs, relocation, replacement, addition
to, use or maintenance of electrical systems, electrical conductors, electrical equipment, signaling
and communications conductors and equipment, and fiber optic cables and raceways.
2. The installation and alteration of electrical equipment, which shall include electrical
conductors, fittings, devices, signs, sign primaries, fixtures, motors, generators, starters, controls,
raceways and that part of elevator installations consisting of signal systems,fans,electrical lighting
fixtures, illuminated thresholds,feeder conductor and raceways to motor and generator disconnect
switches and controllers and all electrical installations in connection with interlocking devices,
other than on automatic elevators, located within or on public and private buildings and premises,
except as excluded by paragraph (b)below.
3. Registration and licensing of those persons who will install or maintain such electrical
equipment.
4. The Fort Worth Electrical Code shall be used as the electrical provisions of the Residential
Code.
101.2.8 Pool and Spa. The Provisions of the Pool and Spa Code shall not be deemed to nullify
any provisions of local, state or federal law,to include but not limited to;
1. Texas Department of State Health Services (TDSHS); Standards for Public Pools
and Spas;
§285.181 through §285.208, (TDSHS rules do not apply to pools serving one-and two family
dwellings or townhouses).
2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility
Standards (TAS), TAS provide the scoping and technical requirements for
accessibility for Swimming Pool, wading pools and spas and shall comply with
2012 TAS, Section 242. (TAS rules do not apply to pools serving one- and two
family dwellings or townhouses).
Exception: Elements regulated under Texas Department of Licensing and Regulation(TDLR)
and built in accordance with TDLR approved plans, including any variances or waivers granted
by the TDLR, shall be deemed to be in compliance with the requirements of this Chapter.
Ordinance No.24340-08-2020
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101.2.9 Property Maintenance.Any reference to the International Property Maintenance
Code shall mean the provisions of the Building Code, the Fire Code and the Minimum Building
Standards Code that apply to existing structures and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners,
operators and occupants; and occupancy of existing premises and structures.
The provisions of the Technical Codes shall also apply to usage of the surrounding site and
access to and from the building, structure or site, as necessary to achieve code compliance.
SECTION 2.
Article XII"International Swimming Pool and Spa Code"of Chapter 7: Buildings of the Code of
the City of Fort Worth(2015)is added to read as follows:
ARTICLE XII: INTERNATIONAL SWIMMING POOL AND SPA CODE
Sec. 7-440. THE 2018 EDITION OF THE INTERNATIONAL SWIMMING POOL AND
SPA CODE ADOPTED.
(a) The Building Code of the City of Fort Worth is hereby revised and amended to include, the
2018 edition of the International Swimming Pool and Spa Code of the International Code Council (ICC),
and the same as amended is hereby adopted as the City's Swimming Pool and Spa Code.
(b) Any Errata corrections published by the International Code Council for the 2018 International
Swimming Pool and Spa Code,as they are discovered,are considered as part of this code.
SECTION 3.
Section 7-47 of the Code of the City of Fort Worth(2015)is amended to read as follows:
Sec. 7-441.Amendments
The 2018 edition of the International Swimming Pool and Spa Code is hereby amended to read as
follows:
CHAPTER 1—SCOPE AND ADMINISTRATION
*ISPSC Chapter 1: "SCOPE AND ADMINISTRATION"is hereby deleted and replaced with the Fort Worth
Administrative Code:
CHAPTER 2—DEFINITIONS
ISPSC SECTION 202
DEFINITIONS
*ISPSC Section 202:definitions are added to read asfollows:
CODE COMPLIANCE DEPARTMENT. Code Compliance Department regulates the operation of public pools.
Routine inspections on pools and spas open to the public are conducted to document compliance with the standards
set forth in State law.
Ordinance No.24340-08-2020
Page 3 of 10
CHAPTER 3—GENERAL COMPLIANCE
ISPSC SECTION 305
BARRIER REQUIREMENTS
*1SPSC Section 305.1;change to read asfollows:
305.1 General.The provisions of this section shall apply to the design of barriers for restricting entry into areas
having pools and spas.In one-and two-family dwellings and townhouses,where spas or hot tubs are equipped with a
lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover
that complies with ASTM F1346,the areas where those spas, hot tubs or pools are located shall not be required to
comply with Sections 305.2 through 305.7.
*1SPSC Section 305.2;change to read asfollows:
305.2 Outdoor swimming pools and spas. Outdoor pools and spas and indoor swimming pools shall be
surrounded by a barrier that complies with Sections 305.2.1 through 305.7 and in accordance with the Texas
Administrative Code,Texas Health and Safety Code 757 for public pools.
*ISPSC Section 305.2.7.1; add to read asfollows:
305.2.7.1 Chain link fencing prohibited.Chain link fencing is not permitted as a barrier in public pools
built after January 1, 1994.
*1SPSC Section 305.4;add a second paragraph and change to read asfollows:
305.4 Structure wall as a barrier.Where a wall of a one and two family dwelling or townhouse or its accessory
structure serves as part of a barrier and where doors or windows provide direct access to the pool or spa through that
wall,one of the following shall be required:
1. Remainder Unchanged
2. Remainder Unchanged
3. Remainder Unchanged
The wall of a building with windows in accordance with 20151nternational Building Code,Section 1030 in Group R2
occupancies shall not be used as part of pool enclosure.Other windows that are part of a pool yard enclosure shall be
permanently closed and unable to be opened for public pools.
*ISPSC Section 305.6;change to read as follows:
305.6 Natural barriers used in a one and two family dwelling or townhouse.In the case where the pool or spa
area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the
shoreline,and required barriers extend to and beyond the water's edge a minimum of eighteen(18)inches,a barrier
is not required between the natural body of water shoreline and the pool or spa.
ISPSC SECTION 307
GENERAL DESIGN
*ISPSC Section 307.1.4: add exception as follows;
Exception: Components of projects regulated by and registered with Architectural Barriers Division of
Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements
of this chapter.
Ordinance No.24340-08-2020
Page 4 of 10
ISPSC SECTION 310
SUCTION ENTRAPMENT AVOIDANCE
*ISPSC Section 310:change to read asfollows:
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance withAPSP 7
or for public swimming pools in accordance with State of Texas Rulesfor Public Swimming Pools and Spas,Title 25
TAC Chapter 265 Subchapter L,Rule§265.190.
[Remainder unchanged]
ISPSC SECTION 313
PUMPS AND MOTORS
*ISPSC Section 313.7: change to read asfollows:
313.7 Emergency shutoff switch for spas and hot tubs.A clearly labeled emergency shutoff or control switch
for the purpose of stopping the motor(s)that provide power to the recirculation system and jet system shall be installed
at a point readily accessible to the users and not less than 1.5 m (5 ft.)away,adjacent to,and within sight of the spa
or hot tub.This requirement shall not apply to one and two family dwellings and townhouses.
CHAPTER 4—PUBLIC SWIMMING POOLS
ISPSC SECTION 402
DIVING
*ISPSC Section 402.12:change to read as follows:
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Texas department
of State Health services,Administrative Code Title 25,Chapter 265,Section 186(e)and Figure:25 TAC 256.186(e)
(6).
*ISPSC Table 402.12 and Figure 402.12:delete and replace asfollows:
Figure:25 TAC 265.186 e 6
Maximum Diving Board Height Over Water '/4 Meter 1 Meter 3 Meters
Max.Diving Board Length 12 ft. 16 ft. 16 ft.
Minimum Diving Board Overhang 2 ft.6 in. 5 ft. 5 ft.
D1 Minimum 8 ft.6 in. 11 ft.2 in. 12 ft.2 in.
D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in.
D3 Minimum 4 ft. 6 ft. 6 ft.
L1 Minimum 4 ft. 5 ft. 5 ft.
L2 Minimum 12 ft. 16 ft.5 in. 19 ft.9 in.
L3 Minimum 14 ft. 10 in. 13 ft.2 in. 13 ft. 1 1 in.
L4 Minimum 30 ft. 10 in. 34 ft.7 in. 38 ft.8 in.
L5 Minimum 8 ft. 10 ft. 13 ft.
H Minimum 16 ft. 16 ft. 16 ft.
From Plummet to Pool Wall at Side 9 ft. 10 ft. 11 ft.6 in.
From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 ft.
Ordinance No.24340-08-2020
Page 5 of 10
H (Overhead
Obstruction or Ceiling)
2' 6" Min.
Pt A Pt. B Pt. C
4' Min D
11° Max 7R6'
4' 6)' Min D2
�i
6 Typical
1 300 Max. 10 Max Slooe
L1 L2i~—I,3 Typical
L4
4' Min4 L5
10'
(1 Meter)
L, - I I
Board overhang
*ISPSC Section 402.13:change to read as follows:
402.13 Ladders for diving equipment. Ladders shall be provided with two grab rails or two handrails. There
shall be a uniform distance between ladder treads,with a 7 inch(178 mm)minimum distance and 12 inch(305 mm)
maximum distance. Supports, platforms, steps, and ladders for diving equipment shall be designed to carry the
anticipated loads. Steps and ladders shall be of corrosion-resistant material, easily cleanable and with slip-resistant
tread.
ISPSC SECTION 411
SPECIAL FEATURES
*ISPSC Section 411.2.1: change to read asfollows:
411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal depth (i.e.,
horizontal run)of 12 inches and a minimum width of 20 inches.
*ISPSC Section 41].2.2:change to read as ollows:
411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches, with the bottom riser
height allowed to taper to zero.
*ISPSC Section 411.5.1: change to read asfollows:
41 1.5.1 Swimouts. Swimouts,located in either the deep or shallow area of a pool,shall comply with all of
the following:
1. Unchanged
2. Unchanged
Ordinance No.24340-08-2020
Page 6 of 10
3. Unchanged
4. The leading edge shall be visibly set apart and provided with a horizontal solid or broken stripe at
least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be
plainly visible to persons on the pool deck.The stripe shall be a contrasting color to the background
on which it is applied,and the color shall be permanent in nature and shall be a slip-resistant surface.
*ISPSC Section 411.5.2:change to read as follows:
411.5.2 Underwater seats and benches. Underwater seats and benches, whether used alone or in
conjunction with pool stairs,shall comply with all of the following:
1. Unchanged
2. Unchanged
3. Unchanged
4. Unchanged
5. The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at
least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be
plainly visible to persons on the pool deck.The stripe shall be a contrasting color to the background
on which it is applied,and the color shall be permanent in nature and shall be a slip-resistant surface.
6. Unchanged
7. Unchanged
CHAPTER 6—AQUATIC RECREATION FACILITIES
ISPSC SECTION 603
MARKINGS AND INDICATORS
*ISPSC Section 603.2:change to read as follows:
603.2 Class D-2 pools.Where a Class D-2 pool has a bather-accessible depth greater than 4 1/2 feet(1372 mm),
the floor shall have a distinctive marking at the 4 1/2 feet(1372 mm)water depth. Class A and B pools. Class A and
B pools over 5 feet deep: the transition point of the pool from the shallow area to the deep area of the pool shall be
visually set apart with a 4-inch minimum width row of floor tile, a painted line, or similar means using a color
contrasting with the bottom;and a rope and float line shall be provided between 1 foot and 2 feet on the shallow side
of the 5-foot depth along and parallel to this depth from one side of the pool to the other side. The floats shall be
spaced at not greater than 7-foot intervals; and the floats shall be secured so they will not slide or bunch up. The
stretched float line shall be of sufficient size and strength to offer a good handhold and support loads normally imposed
by users.If the owner or operator ofthe pool knows or should have known in the exercise of ordinary care that a rope
or float is missing,broken,or defective,the problem shall be promptly remedied.
ISPSC SECTION 610
SPECIAL FEATURES
*ISPSC Section 610.5.1: Change to read:
610.5.1 Uniform height of 10 inches.Except for the bottom riser,risers at the centerline shall have a maximum
uniform height of 10 inches(254 mm).The bottom riser height shall be permitted to vary from the other risers.
Ordinance No.24340-08-2020
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CHAPTER 8—PERMANENT INGROUND RESIDENTIAL SWIMMING POOLS
ISPSC SECTION 804
DIVING WATER ENVELOPES
*ISPSC Section 804: Change to read as follows:
Section 804.1 General.The minimum diving water envelopes shall be in accordance with Table 804.1 and Figure
804.1,or the manufacturer's specifications,whichever is greater. Negative construction tolerances shall not be applied
to the dimensions of the minimum diving water envelopes given in Table 804.1.
SECTION 4.
Section 7-442 of the Code of the City of Fort Worth(2015)is amended to read as follows:
Sec. 7-443. Effect of conflict with other ordinances.
This article shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth,
Texas(2015), affecting Building Code provisions, as amended, and shall not repeal any of the provisions
of such ordinances,except in those instances where provisions of such ordinances are in direct conflict with
the provisions of this ordinance.
SECTION 5.
Section 7-444 of the Code of the City of Fort Worth(2015)is amended to read as follows:
Sec.7-444. Penalty for violation.
Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and
shall be fined not more than Five Hundred Dollars($500.00)for all other violations of this ordinance. Each
day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed
a separate offense and upon conviction thereof shall be punishable as herein provided.
SECTION 6.
This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort Worth,
Texas (2015), affecting Chapter 7: Buildings provisions, as amended, and shall not repeal any of the
provisions of such ordinances, except in those instances where provisions of such ordinances are in direct
conflict with the provisions of this ordinance.
Ordinance No.24340-08-2020
Page 8 of 10
SECTION 7.
It is hereby declared to be the intention of the City Council that the sections,paragraphs, sentences,
clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or
section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such voidness, ineffectiveness, or 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 void, ineffective,or unconstitutional phrase,clause,sentence,paragraph,or section.
SECTION 8.
Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and
shall be fined not more than Five Hundred Dollars($500.00)for all other violations of this ordinance. Each
day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed
a separate offense and upon conviction thereof shall be punishable as herein provided.
SECTION 9.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all
violations of the previous Chapter 7: Buildings, or any other ordinances affecting construction and fire
safety, which have accrued at the time of the effective date of this ordinance: and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by
the courts.
SECTION 10.
A copy of the 2018 International Swimming Pool and Spa Code,together with the local amendments
contained in this ordinance, shall be filed in the office of the City Secretary for permanent record and
inspection.
SECTION 11.
The Development Services Department of the City of Fort Worth, Texas, is hereby authorized to
publish this ordinance in pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof,as provided in Chapter XXV,Section 3,of the Charter of the City of Fort
Worth,Texas.
SECTION 12.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sections
1,9, 11 and 13 of this ordinance for two(2)days in the official newspaper of the City of Fort Worth,Texas
as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section
52.013 (a)of the Texas Local Government Code.
Ordinance No.24340-08-2020
Page 9 of 10
SECTION 13.
This ordinance shall take effect upon September 1,2020.
APPROVED AS TO FORM AND LEGALITY:
By; Melinda Ramos(Aug31,202010:14CDT) Q jjJJ
Melinda Ramos, Sr. Assistant City Attorney Mary Kayser, City Secretary
Adopted: August 25,2020
Effective: September 1, 2020
OF FORT` �.
Vim; '•
:S
Ordinance No.24340-08-2020
Page 10 of 10
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0568
LOG NAME: 06ADOPTION OF THE 2018 INTERNATIONAL SWIMMING POOL&SPA CODE
SUBJECT
(ALL)Adopt Ordinance Adopting the 2018 International Swimming Pool and Spa Code,with the North Central Texas Council of Governments
Recommended Amendments,to Be Effective September 1,2020
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance adopting the 2018 International Swimming Pool and Spa Code with the
North Central Texas Council of Governments recommended amendments to be effective September 1,2020.
DISCUSSION:
Texas HB 2858,has adopted the 2018 International Swimming Pool and Spa Code(ISPSC)as the municipal swimming pool and spa code in this
state.All municipalities in Texas that elect to regulate pools or spas will do so in accordance with the 2018 ISPSC.This bill also provides for the
adoption of local amendments.
The North Central Texas Council of Governments'(NCTCOG)Regional Codes Coordinating Committee(RCCC)and its five advisory boards
conducted open meetings over a one-year period to review the 2018 editions of the International Codes and to develop regional amendments.
Their review and recommendations were completed and endorsed by NCTCOG's Executive Board on September 27,2018. Now NCTCOG
encourages jurisdictions in North Central Texas to adopt the 2018 International Swimming Pool and Spa Code along with its respective regional
amendments.The adopting ordinance was posted on the website to gather public comments on the adoption per Texas Local Government Code
Section 214.217(a-e)on July 7,2020.The local Texas Pool and Spa Coalition and the Development Advisory Board are aware of the code
adoption and have not voiced any concerns.
There is no fee increase proposed in this ordinance.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Allison Gray 8030