Sec. 39-2. - Applicability and purpose of chapter generally.
Sec. 39-3. - Application of chapter to existing pools.
Sec. 39-4. - Applicability of plumbing, building, electrical and zoning regulations.
Sec. 39-5. - Notice to comply with chapter.
Sec. 39-6. - Submission of plans.
Sec. 39-8. - Authority of health officer to close pools.
Secs. 39-13—39-21. - Reserved.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, except as otherwise provided in this chapter:
Certified operator. The individual responsible for the everyday operation of a public swimming pool and who has successfully passed a course approved by the health department in proper pool operation and maintenance.
Disinfectant. Any chemical that kills or neutralizes the organisms that cause disease and/or infection and is readily measurable.
Fence. A close type vertical barrier not less than four (4) feet in height above ground or more than two (2) inches from the ground at the bottom. A woven wire, chain link, picket or solid board type fence or a fence of similar construction which will prevent the smallest of children from getting through and which has a gate capable of being locked shall be construed as being within this definition.
Free available (residual) chlorine. The portion of the total chlorine remaining in water that is not combined with ammonia or nitrogen compounds and will react chemically with undesirable or pathogenic organisms.
Hazard. Any condition or situation which exists within a pool or pool area that poses a risk of injury or harm to the patron(s).
Health officer. The director of public health of the city or his duly authorized representative.
Hot tub. A hydrotherapy spa constructed of wood with sides and bottoms formed separately; and the whole shaped to join together by pressure from the surrounding hoops, bands or rods; as distinct from spa units formed of plastic, concrete, metal and other materials.
Hydrotherapy spa. A unit designed for recreational and therapeutic use which is not drained, cleaned or refilled for each user. It may include but not be limited to hydrojet circulation, hot water, cold water mineral baths, air induction bubbles, or some combination thereof. Industry terminology for a spa includes but is not limited to "therapeutic pool," "hydrotherapy pool," "whirlpool," "hot spa," "hot tubs," etc.
Maximum load. Maximum or design load, determined by dividing the total square footage of swimming pool surface area by twenty-seven (27).
Operator or manager. The individual responsible for the operation and management of a public swimming pool.
Person. Any person, firm, partnership, association, corporation, company, governmental agency, club, school or organization of any kind.
Pool area. That area immediately surrounding and adjacent to the swimming pool to include all areas within the fence, if required, or within the walls of the room in which the pool is located if it is an indoor pool.
Private residential swimming pool. Any swimming pool located on private residential property under the control of the homeowner or a tenant, the use of which is limited to swimming by members of the homeowner's or tenant's family and their guests.
Public spa and hot tubs. Any spa and/or hot tub, other than a residential spa or hot tub, which is intended solely for bathing and is operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. Public spas and hot tubs may be individual units or may be integrated into a larger swimming pool or bathing pool.
Public swimming pool. Any swimming pool intended to be used collectively by persons, whether they be owners, lessees, operators or concessionaires, regardless of whether a fee is charged for such use. Such term shall include, but not be limited to, a swimming pool owned and operated by a private club or association, a civic club or any other association. "Public swimming pool" shall include public spas and hot tubs.
Spa. A hydrotherapy unit (see "hydrotherapy spa") of irregular or geometric shell design.
Swimming pool. Any swimming, wading or spray pool, including all appurtenant equipment, structures and facilities, constructed for the purpose of providing a swimming or wading place for any person or persons.
Turnover rate. The amount of time required by a filtration system to filter the equivalent of the entire volume of a pool or spa.
(Ord. No. 4739-95)
Sec. 39-2. - Applicability and purpose of chapter generally.
(a)
This chapter, except as otherwise provided herein, is adopted to provide regulations relating to the design, construction, alteration and maintenance of sanitation and safety features applying to the use and operation of all swimming pools, with the exception of single-occupant tanks or showers used exclusively for therapeutic purposes and tourist establishment swimming pools, as defined under Section 35.1-13 of the Code of Virginia, and to provide for requirements for permits for the construction of such pools and for administration and enforcement by the health officer.
(b)
The primary purposes of this chapter, in its application to swimming pools, are:
(1)
To assure that the water in a swimming pool is sufficiently clear, free from dirt or other foreign substances and properly treated by approved chemicals to make it free from undue hazard to the health of its patrons and the citizens of the city.
(2)
To provide the health officer with a means for insuring that these objectives are carried out and made effective both with respect to existing swimming pools and those which may be built in the future.
(3)
To assure that the appurtenances of swimming pools are so organized and operated that they promote and protect the safety of their patrons and of the citizens of the city.
(4)
To assure that new construction of swimming pools shall have the benefit of this chapter as a guide for persons interested in planning, organizing and building such swimming pools.
(Ord. No. 4739-95)
Sec. 39-3. - Application of chapter to existing pools.
The structural and equipment provisions and requirements of this chapter shall not apply to any swimming pool constructed prior to the effective date of the ordinance from which this chapter is derived, except as follows:
(1)
Any alteration, placement or replacement of any equipment shall comply with such requirements.
(2)
The provisions and requirements of this chapter with respect to fences, operational procedures and standards, chemical feeding equipment, flowmeters, pressure gauges and toilet facilities shall be complied with by all public swimming pools, regardless of the date of construction, except where specifically provided otherwise.
(Ord. No. 4739-95)
Sec. 39-4. - Applicability of plumbing, building, electrical and zoning regulations.
In addition to the requirements of this chapter, the requirements of the city building, plumbing and electrical codes and the zoning ordinance shall also apply in the construction, maintenance and operation of all swimming pools. Any appeal from a decision by the director of codes compliance or a building, plumbing, electrical or zoning inspector with respect to such additional requirements or the design and construction requirements contained in this chapter shall be made under the provisions of such codes and ordinances, as applicable.
(Ord. No. 4739-95)
Sec. 39-5. - Notice to comply with chapter.
When any violation of this chapter occurs, the operator or owner of the swimming pool involved shall be notified in writing and shall be given a time limit, not to exceed ninety (90) days, in which to comply.
(Ord. No. 4739-95)
Sec. 39-6. - Submission of plans.
For any proposed public swimming pool or spa, it is the responsibility of the owner of the real estate on which the said pool or spa is to be located to provide detailed plans and specifications to the health officer for review and approval. Such plans and the review thereof must be completed prior to the issuance of a building permit.
(Ord. No. 4739-95)
A building permit shall be obtained from the department of codes compliance before the construction, remodeling or major alteration of any swimming pool. Plans and specifications for other than private residential swimming pools shall have been approved by the health officer prior to the issuance of such permit. Such plans and specifications must be submitted in triplicate to the health officer and one (1) set of plans and specifications, when approved, shall be stamped and returned to the applicant. Original tracings shall not be stamped for approval.
(Ord. No. 4739-95)
Sec. 39-8. - Authority of health officer to close pools.
When the health officer finds that the provisions of this chapter are not met or that any condition exists that endangers the life, health or safety of the users of any swimming pool, such officer may order the facility closed until the condition is corrected.
(Ord. No. 4739-95)
The location of a swimming pool shall in no way hinder the operations for which it is designed nor adversely affect swimmers' safety or the quality of the water.
(Ord. No. 4739-95)
All water used in swimming pools shall be from an approved source. No piping arrangement shall exist which, under any conditions, will permit sewage or wastewater to enter the swimming pool water system or water from the swimming pool to enter the make-up water supply. In the case of spray pools, spray heads shall be installed so that there will be no possibility for their submergence, as might result in the case of clogged drains.
(Ord. No. 4739-95)
An outlet drain shall be provided for completely emptying any swimming pool. Direct connections to a sanitary sewer or a septic tank shall not be permitted. Indirect connection to a storm sewer is subject to approval by the director of public works and the health officer.
(Ord. No. 4739-95)
(a)
It shall be unlawful for any person to construct, maintain, use, possess or control any swimming pool located outdoors, unless such swimming pool is completely enclosed by a substantial fence not less than four (4) feet in height nor more than two (2) inches above the ground surface and is located not closer than five (5) feet from any swimming pool edge. A woven steel wire, chain link, picket or solid board type fence or a fence of equal or greater strength shall be construed as meeting this requirement. The fence shall have at least one (1) gate, and all gates shall be kept locked at all times when the swimming pool is not in use.
(b)
All fences required by this section shall conform to the city's building code and to the zoning ordinance.
(c)
Any person convicted of violating this section shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each day's violation shall be construed as a separate offense.
(Ord. No. 4739-95)