0574ORDIN C NO.
AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
SWIMMING POOL, SPA, AND HOT TUB CODE FOR THE CITY OF
SOUTHLAKE, TEXAS; PROVIDING MINIMUM STANDARDS FOR
CONSTRUCTION OF SWIMMING POOLSv SPAS, AND HOT TUBS;
ESTABLISHING SWIMMING POOL FENCE REQUIREMENTS; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
REPEALING CONFLICTING ORDINANCES; PROVIDING PENALTIES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city
acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the city council has determined that it is expedient
and for the benefit of the health, safety, and welfare of the
citizens of the city that the Uniform Swimming Pool, Spa, and Hot
Tub Code, 1991 Edition, be adopted as the Swimming Pool, Spa, and
Hot Tub Code of the city; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1. The Uniform Swimming Pool, Spa, and Hot Tub Code,
1991 Edition, published by the International Association of
Plumbing and Mechanical Officials is hereby adopted as the Swimming
Pool, Spa, and Hot Tub Code of the City of Southlake. This code
is attached to this ordinance and identified as Exhibit "A" and is
fully incorporated by reference as though copied into the ordinance
in its entirety.
SECTION 2. The Swimming Pool, Spa, and Hot Tub Code
city Southlake, Exhibit "A" to this ordinance, is hereby
by adding Chapter 6 to read as follows:
A: ~SWIMCODE. SL2
of the
amended
CHAPTER 6
FENCES FOR SWIMMING POOLS
Sec. 601. Construction Fence. During the construction
of a swimming pool, there shall be erected a temporary fence
around the swimming pool construction site. The top of the
temporary fence shall be at least four feet (4') above grade,
measured on the side of the fence that faces away from the
swimming pool construction. Any opening in the fence shall
be no larger than a size to prevent a sphere four inches (4")
in diameter from passing through the fence. The wall of a
dwelling may serve as part of the fence.
Sec. 602. Permanent Fence. After completion of a
swimming pool and before the pool is filled with water, a
permanent fence shall be erected surrounding the pool, which
shall conform to the following specifications:
(a) The top of the fence shall be at least five feet (5')
above grade, measured on the side of the fence that faces
away from the swimming pool. Any opening in the fence
shall be no larger than a size to prevent a sphere four
inches (4") in diameter from passing through the fence.
(b) Ail gates in the fence shall be installed so as to
be "self-closing" with a latch located on the gate in the
upper one-quarter of the gate. All gates shall be no
less than five feet (5') in height and the latch
installed on the gate shall be located no less than four
feet (4') from the ground.
EXCEPTION: A "self-closing" latch is not required
on a gate that is electronically controlled and
operated if the gate automatically locks when closed
and the gate is kept locked except when being used
for ingress or egress.
(c) The wall of a dwelling may serve as part of the
fence.
SECTION 3. Permits, inspections, and fees required in the
Uniform Administrative Code as adopted by the City of Southlake,
shall apply to the Swimming Pool, Spa, and Hot Tub Code.
SECTION 4. It is hereby declared to be the intention of the
City Council that the phrases, clauses, sentences, paragraphs and
A:~$WIMCODE.SL2
10/15/92 -- 2 -
sections are severable, and if any phrase, clause, sentence,
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 they would have been enacted by
the City Council without the incorporation in this ordinance of the
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall
be fined not more than Five Hundred
offense. Each day that a violation
constitute a separate offense.
SECTION 6. The City Secretary
Dollars ($500.00) for each
is permitted to exist shall
of the City of Southlake is
hereby authorized to publish this ordinance in book or 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.
SECTION 7.
hereby directed
The City Secretary of
to publish the proposed
the City of Southlake is
ordinance or its caption
and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any
violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper
one time within ten days after passage, as required by Section 3.13
of the Charter of the City of Southlake.
SECTION 8. 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.
PASSED AND APPROVED ON FIRST READING ON THIS ~ DAY OF
PASSED AND APPROVED ON
SECOND READING ON THIS C~ DAY OF
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City A'ttorney
Date: /O
ADOPTED:
EFFECTIVE:
A:kSWIMCODE.SL2
10/15/92 -- 4 -
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
-1E STATE OF TEXAS
aunty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared CAL RILEY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NOT DESCRIPTION AD S171 HA I F AMOUNT
OCT 23' 6960775 CL . 358 1X55 L 55 3. 88 213. 36
ORDINANCE NO.574 Oct. .23
AN ORDINANCE
ADOPTING THE 199i
EDITION OF THE UNI- P. O. 574
FORMSWIO
FOOLLTHE COMPLETE AD RAN OCTOBER 28, 1992
AND H
TUB C SPA ODE F INOR THE CI- -
TY OF SOUTHLAKE„
PROVIDING`
MINIMUM STAND-
ARDS FOR CONSTRUC-
TION OOS,OF
AND HOT
TUBS; ESTABLISHING
SWIMMING POOL
FENCE REQUIRE-
MENTS;PROVIDING A
SEVERABILITY
CLAUSE;PROVIDING
A SAVINGS CLAUSE;
REPEALING CON-
FLICTING ORDI-
NANCES• PROVIDING
PENALTI ES;AND PRa
`/IDING AN EFFEC- SIGNED
fIVECHAPTER6 0 SWOR'll TO BEFORE ME , THIS THE(-1- 1( T DAY OF
:NCES FOR SWIMMING 2 61 H O O R r 992
S I
Sec. 601. Construction NOTARY PUBLICC ��
I Fence. During the construc-
1 tionofaswimmingDool,there [L
fence: shall rounddeswim temporary TARRANT COUNTY, TEXAS
I fence around the swimming
I pool construction site.The top
I of the temporary fence shall I be at least tour feet(4')above .', Jv� 1
grade,ethatf cesawayfr f •".- • �r.lu
1 11'
1 fencethatfacesawayfrom '"'"_�-••��1 I
1 the swimming Dool construe- <r4Y•��v^�h� �� J. SPENCER
shah.Any opening in the •� CCNP.�ISSICN EXPIRES
•shall openin f the fence z 'glIi
I prevent a sphere four Inches '•' ' ' 1995
I (4")hug thefenrfrom wall l41 .'4 IANLARY 28,1 through the fence.The part
of
I o dwelling cmay serve as pa rt ,;'F......•�ic�
of the fence. t I ,� _
Sy Permanent Fence. C L/�I'L/t^P�) J
After completion of a swim-
ming pool and before the pool
Is filled with water,a Derma- ----- _--
nent fence shall be erected TEAR AL NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
surrounding the pool,which +
shall conform to the following
specifications:
(a)The top of the fence shall
be a least five (5')
abovee grade m REMIT TO: 400 W • SEVENTH , FW , TX 76102
feet
the side of t measured o
ured on
n
fence that
faces away from the swim- --- -
thef pool.Any opo ling In R�^ACT Tom: (�0 ( k• f�T� 1 TAE X�I�I-2051
the fence shall be no larger
Cthan a our to prevent a
Sphere four Inches (4") In
tllameter from passing ar e e ram mraugh the fence. g ACCOUNT AMOUNT
(b) All gates In the fence NUMBER
shall be Installed so as to be I T 57 DUE 216
self-closing"with a latch
located on the gate in the up-
per one-quarter of the gate. 1
All gates shall be no less
than five feet(5')In height PAGE F
and the latch instal ledon the
gate shall be located no less
than four feet(4')from the
ground.
EXCEPTION: A "self-
closing" latch is not re-
(uired on a gate that Is
electronically controlled
and operated if the gate
automatically locks when
closed and the gate is kept
locked except when being
used for Ingress or
egress.
(c)The wall of a dwelling
may serve as part of the OF SOUTHLAKE ORIGINAL
SECTION 5.Any person,N CARROLL AVE 213 . 313
firm or corporation who PLEASE PAY ki
violates, disobeys, omits,.L A K E TX 7 6 0 9 2-8 8 9 8 THIS AMOUNT neglects or refuses to com-
efo r who
ithmen ayot TN: SANDY LEGRAND
provislonsof thisordlnance
shall be fined not more than
Five Hundred Dollars
($500.00) for each offense.
Each day that a violation PLEASE WRITE IN AMOUNT ENCLOSED
permitted Coexist shall con-
stitute a separate offense.
PASSED AND AP-
PROVFf, IN c (-nun
Fort Worth Star-Telegram . _
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
''IE STATE OF TEXAS
runty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared CAL RILEY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County , Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
OTAL
DATE AD INVOICE NO. DESCRIPTION AD SIZE INCHUvE RATE AMOUNT
OCT 09 6953452 CL . 358 1X56 L 56 . 40 22 . 40
NOTICE OF PUBLIC O C t 9
HEARING NOTICE
isInterested per hereby
give sons tht toalthe I P . O . # ORD NO . 574
ty Council of the City of South-
lake Texas,will be holdinga -----------
public hearing during thegg
ito b uheld on October 2 11 t992,
at 7:00 p.m., Southlake City
Hall,667 North Carroll Ave-
nue, -- --- -- - - - -
Southlake,Texas.
Purpose of the hearing is to
consider the second readingof
the following ordinance:
ORDINANC O.574
AN ORDINANCE /
ADOPTING THE - "'/� _.
EDITION OF THE UNI-
FORM - -
SWIMMING
POOTUUBB CODE f`OR TDHE COT
Tv OF SOUTHLAKE SIGNED
AS; PROVIDING` AND SWORN TO BEFORE ME , THIS THE 15TH ► ' Y %F OCTOB , 992-
IMUM STAND- I
S FOR CONSTR UC-
1 OF SWIMMING NOTARY PUBLI
L FENCE RE-
SIT _
NGASEVSE'RABI?: - - c - -- - „�,, - \
cLAus -
PROVIDING A SAV-
TAR- ANT COUNTY, TEXAS
PR
INGS CLAUSE;
REPEALING CON-
FLICTING ORDI- 4,
NANCES; PROVIDING .. `.
PENALTIES;AEFFEC- tiP�IpS�b�r w'�ZHR SslON E.VtacS VIDING AN EFFEC- .c�§ ---
TIVE DATE. 1 19g5
_ r C
SECTION 5. Anyperson. , / �„ IANtlA Y 2
firm or corporation who 4 -:i R g
violates,disobeys,omits,ne- ,i•
glecis or refuses to comply - ',1 4 ..-_ -.
with or who resists the en- ----$ ' �� :C
forcemeat ofany of the prowl-
sionsofihisordinance shallbe
fined not more than Two Thou-
sand Dollars ($2000.00) for
— each offense.Each day that a violation Is permitted toexlst ---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
shall consltute a separate of- _�*
tense.
City of Southlake
Sandra L.LeGrand
City Secretary REMIT TO : 400 W . SEVENTH, FW , TX 76102
Fort Worth Star-Te Rr"AtT TO: P. X��oAc�ck�Xxi��ro�y��t�g�Xl.2os1
le ra m
695.3452 ACCOUNT AMOUNT
NUMBER CIT57 DUE 22 . 40
PAGE -OF
1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 22 . 40
PLEASE PAY ii,
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED