*IBC Section 3109.1; add a second, third and fourth paragraph to read as follows:
The purpose of this section is to provide a higher degree of protection against potential drowning, 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.
The city recommends that all persons be taught how to swim.
The provisions of this section may be enforced by other code enforcement divisions of this city but interpretation authority shall be retained by the building official.
Compliance shall be as listed below:
1. For pools constructed on or after October 1, 1993 for use with Group R, Division 3 Occupancies, see the appropriate provisions in the code in effect when the pool was constructed as follows:
a. 12-4-98 to 7-1-01, see 1997 UBC, Appendix Chapter 4 with amendments - Ord 13625.
b. 7-1-01 to present, see IBC Chapter 31 and IRC Appendix Chapter G with amendments, as adopted at time of constructed.
2. For pools owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association, see the appropriate state law, Chapter 214, Local Government Code, Subchapter C, “Swimming Pool
Enclosures”, and Subtitle A, Title 9, Health and Safety Code, Chapter 757, “Pool Yard Enclosures”. Primary enforcement authority is by the Health Department 3. For public pools, see the appropriate state law, Texas Department of Health
Standards for Public Swimming Pool/Spa, Sections 265.181 through 265.207.
Primary enforcement authority is by the Health Department.
4. For all other existing pools not covered by items 1, 2 or 3 above, regardless of date of installation, see Section 3109.6.
*IBC Section 3109.2; add new definitions to read as follows:
Barrier means a permanent fence, wall, building wall or combination thereof, which completely surrounds the swimming pool and obstructs access to a swimming pool.
Swimming Pool, Indoor. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.
Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool.
*IBC Section 3109.3; changed to read as follows:
3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence in accordance with the applicable State Law or ordinance enforced by the Health Department, but shall be a minimum of at least 4 feet (1290 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter (201 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates.
*IBC 3109.4; changed to read as follows:
3109.4 Residential swimming pools. Residential swimming pools shall comply as follows:
a. Residential pools qualifying as public pools under State Law, shall comply with Section 3109.3.
b. Multi-family swimming pools shall comply with the applicable State Law or ordinance enforced by the Health Department.
c. Pools associated with one- and two-family dwellings and townhouses under the Residential Code, shall comply with Appendix G of that code.
d. All other residential swimming pools shall comply with Sections 3109.4.1 through 3109.4.3.
*IBC Section 3109.4.1; add exceptions to read as follows:
Exceptions: 1. The side of an outdoor swimming pool facing a private golf course of other restricted access area where the erection of barriers is prohibited by deed restrictions need not have a barrier on that side.
2. Natural topographical barriers such as lakes, rivers, retaining walls, impenetrable hedges, and inaccessible inclines may be substituted as part of the barrier.
*IBC Section 3109.4.1.3; add an exception to read as follows:
Exception: When horizontal members are part of a fence that is at least 6 feet (1830 mm) in height, the horizontal members need not be on the pool side of the barrier.
*IBC Section 3109.4.1.8; delete.
*IBC Section 3109.5; changed to read as follows:
3109.5 Entrapment avoidance. For pools under the authority of the Health Department, entrapment protection shall be provided as required by State Law or ordinance as enforced by the Health Department. Otherwise, suction Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
*IBC Section 3109.6; added to read as follows:
3109.6 Existing pools. Pools in existence that are not covered by any ordinance listed in Section 3109.1 shall comply with this section.
3109.6.1 Pools shall be completely enclosed by a fence at least 4 feet (1290 mm) in height or a screen enclosure. Such barrier shall comply with provisions of the zoning ordinance and other applicable city codes and ordinances.
A wall of a dwelling or structure is permitted to serve as part of the barrier. Natural topographical barriers such as lakes, rivers, retaining walls, impenetrable hedges, and inaccessible inclines may be substituted as part of the barrier.
3109.6.2 Openings in the fence shall not permit the passage of a 4-inch (102 mm) diameter sphere.
3109.6.3 The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Pedestrian access gates shall open outward away from the pool.
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 dwelling 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 (40) inches above grade. Such gates or doors shall be kept securely closed at all times when not in actual use.
Temporary access through a barrier may be permitted during construction if a temporary barrier is provided during times when such access is not in use.
3109.6.4 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.
3109.6.5 Exemptions. The following are exempt from the barrier requirements of this sub-section:
1. Indoor swimming pools.
2. Outdoor swimming pools less than twenty-four (24) inches in depth.
3. Outdoor swimming pools where the pool decking or pool top is at least
forty-4. The side of an outdoor swimming pool facing a private golf course of other restricted access area where the erection of barriers is prohibited by deed restrictions.
5. Portable spas or portable hot tubs with safety covers of a type approved by the Building Official.
3109.6.6 Modifications. The Building Official may make modifications in individual cases, upon a showing of good cause with respect to the height, dimension of openings, nature or location of barrier, or the necessity thereof, 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 in this division.