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06-110 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06 - 110 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS ESTABLISHING REGULATIONS FOR RESIDENTIAL POOLS AND SPAS; PROVIDING FOR THE REQUIREMENT OF A PERMIT; PROVIDING FOR THE REVOCATION OF A PERMIT AND APPEAL PROCESS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Building Official of the Town of Prosper, Texas (the "Town") has investigated into and recommended establishing regulations for residential pools and spas located in the Town; and WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that it will be advantageous and beneficial to the Town and its citizens to establish regulations for residential pools and spas as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of Regulations for Residential Pools and Spas. The following residential pool and spa regulations are hereby adopted: A. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivation shall have the meaning given below: Backwash — The process of flow reversal to clean a filter and to restore it to the normal clean condition for filtering with a minimum resistance to flow through the media. Backwash Piping — The pipe extended from the backwash outlet of the filters to a terminus at the point of disposal. The Town requires all properties connected to the sanitary sewer system to backwash into the system, regardless of filter type used. Decks — Those areas surrounding a pool, spa or hot tub that are specifically constructed or installed for bathers. Diving Board — A board especially designed to produce diver spring action when properly installed on an anchor (base) and fulcrum. This includes non-spring types. Jump Board—A mechanism that has a coil spring, leaf spring or comparable device located beneath the board which is activated by the force exerted in jumping on the board. ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOL/SPA REGULATIONS Page 1 Permit or Pool Permit—a residential pool and/or spa permit, as issued by the Town. Pool Affidavit— Pool Protection Device Installation form, as approved by the Town. Pool Depth—The vertical distance between the floor level and/or which is inclined 45 degrees or less from horizontal. The normal or operating water level when the pool is in use. Pool Floor—That portion of the pool interior which is horizontal or which is inclined 45 degrees or less from horizontal. Pool Wall — The sides of a pool above the floor which are vertical at the top and coved at the bottom, or which are inclined to the pool no more than 45 degrees from the vertical. Residential Pool or Spa—a pool or spa that is constructed as permanent or non- portable, located.on private property under the control of the property owner or the owner's tenant, is intended for non-commercial use, and that is intended for use by not more than two (2) resident families and their guests. It includes a pool or spa serving only a single-family home or a duplex. Residential Pools Type I thru Type V Diving Equipment — Residential Pools suitable for the installation of diving equipment by type. Diving equipment classified at a higher type may not be used on a pool of lesser type. For example purposes only, Type III equipment on a Type II pool. MAX DIVING MAX HEIGHT BOARD LENGTH OVER WATER MINIMUM Pool Type DBL* HOW* DEPTH 0 DIVING EQUIPMENT IS PROHIBITED 6' DB / 6' JB 20" 7'-6" II 8' DB / 6' JB 20" 7'-6" III 10' DB / 8' JB 26" 8'-0" IV 10' DB / 8' JB 30" 8'-6" V 12' DB / 8' JB 40" 9'-0" *NOTES: 1.ABBREVIATIONS: DBL=Diving Board Length, DB=Diving Board, JB=Jump Board, HOW=Height Over Water. 2.All dimensions are minimum, except where noted as maximum. Town — the Town of Prosper, Texas. B. Pool or Spa Permit Application/Expiration and Fees. Before a pool and/or spa may be constructed and/or installed in the Town, a pool permit must be obtained from ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 2 the Town. Incomplete permit applications will not be accepted and/or processed. Each permit application must contain the following information: 1. Three (3) construction plans, no smaller than eleven inches (11") by seventeen inches (17"), drawn to scale, and stamped by the electrical service provider (TXU Electric or CoServ). The plans shall include equipment specifications indicating equipment size and type and pool/spa volume (square foot size and gallon capacity). The plans shall indicate the location of the pool and/or spa in relation to property lines and the distance to the pool and/or spa will be from any structures. All deck and area drains, gutter downspouts or other means of capturing water shall be shown. Existing drainage on the lot shall not be modified where it will create a nuisance to an adjacent property or right-of-way. 2. All drawings must be prepared, signed and sealed by an engineer if piers and/or retaining walls are over forty eight inches (48") in depth or height. EXCEPTION: Above ground pools and spas are not required to provide plans stamped by the electrical service provider. 3. Three (3) site plans indicating the location of the pool and/or spa in relation to property lines and the distance to the pool and/or spa will be from any structures. Only the most current survey will be accepted as a site plan. Builder plot plans or other conceptual drawings provided by the property owner will not be accepted. If a septic property, Three (3) site plans indicating the location of the pool and/or spa in relation to the septic tanks and spray heads. All pool construction plans on septic properties require approval from Collin County Development Services prior to submittal with the Town. Measurements will be made to the pool and/or spa structure (back of beam) itself, not the water's edge. Location and setback requirements include: Rear Yard - The pool and/or spa must be located at least three feet (3') from the rear property line. Side Yard - The pool and/or spa must be located at least three feet (3') from the side property line. Easements — Pools and/or spas, pool and/or spa decks and pool and/or spa equipment cannot be located within any easement. Buildings - Pools and spas must be located no less than three feet (3') from buildings with foundations and at least one foot (1') away from the foundation for every one foot (1') of depth - measured to any point of excavation. For example purposes only, if a portion of a pool is five feet (5') deep that portion of the pool must be located at least five feet (5') from a building that utilizes a foundation. ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOL/SPA REGULATIONS Page 3 NOTE: The measurement will be from the point at which the natural grade touches the foundation and any area excavated for the pool and/or spa construction. If the setback from the building foundation is less than the 1:1 ratio, an original prepared, signed and sealed engineer design must accompany the construction plans. EXCEPTION: Above ground pools and spas do not have a minimum required setback from foundations, but are required to comply with property line setback, easement requirements and any other applicable building codes associated with life or safety items. Pool Equipment - Pool and/or spa equipment cannot be located within the front yard of a lot or within an easement. Pool and/or spa equipment cannot be attached to a common fence separating an adjoining property. Pool and/or spa equipment cannot be installed in drainage swales and/or designated drainage flows or easement of any type or designation. Permit Expiration: All pool and/or spa permits expire ninety (90) days from the date the permit is issued by the Town. In every case where a permit is expired, a new permit shall be obtained before any work is resumed. Permit and Inspection Fees: The permit and inspection fees provided in this ordinance shall be paid to the Town before the issuance of a permit and before any work is started. No pool construction or excavation shall commence prior to permit issuance. Fees shall not be collected prior to permit approval. The fees shall be as follows: 1. In ground Pool or Spa or any combination thereof permit shall be Three Hundred Dollars ($300). 2. Above ground Pool or Spa or any combination thereof permit shall be One Hundred Dollars ($100). 3. Reinspection fees shall be in accordance with the Town approved fee schedule, as amended. 4. Whenever any work for which a permit is required by this Ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. An investigative fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be double the amount of the permit fee required by this Ordinance. The payment of such investigative fee shall not exempt any person from compliance with all provisions of this Ordinance nor from any penalty prescribed by law. C. Construction and Inspection Requirements. During all phases of construction of a pool and/or spa, a temporary fence must be maintained around the construction area. The temporary fence must be a minimum of ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 4 forty-eight inches (48") in height. Failure to maintain the barrier during all phases of construction shall result in an automatic inspection failure. The Town approved permit and all associated approved construction documents shall be displayed outside at the window or door facing the pool at all times during construction. The following establishes the minimum inspections required: 1 . Belly Steel and Pool Placement Inspection. Before any concrete or gunite can be placed; the belly steel and placement of the pool and/or spa shall be inspected and approved by the Town. Rebar shall be a minimum size of three-eighths inch (3/8") and located no more than twelve inches (12") on center each way with a minimum twelve inch (12") overlap. All breaks in the swimming pool floor (depth change) shall have the rebar doubled up and located no more than twelve inches (12") on center each way with a minimum twelve inch (12") overlap. All metal parts of the pool or spa, including metal of the pool or spa shell, metal fittings within or attached to the pool or spa structure, metal conduit and electrical equipment and motors associated with the pool or spa water circulating system must be connected to a common bonding grid with a solid bond conductor not smaller than #8 AWG. A minimum of four (4) approved ground clamps that are evenly spaced around the pool shall be required to electrically bond the pool and/or spa from stray ground current. One (1) additional approved ground clamp shall be required on the spa. 2. Deck Steel, Electrical Bond, Electrical Underground and Plumbing. Before any concrete is placed for the pool and/or spa deck, the placement of steel and the electrical bond shall be inspected and approved by the Town. The concrete deck shall be a minimum thickness of four inches (4") with a maximum of two inches of cushion sand under the deck. Rebar shall be a minimum size of three-eighths inch (3/8") and located no more than eighteen inches (18") on center each way. All metal parts of the pool or spa, including metal of the pool or spa shell, metal fittings within or attached to the pool or spa structure, metal conduit and electrical equipment and motors associated with the pool or spa water circulating system must be connected to a common bonding grid with a solid bond conductor not smaller than #8 AWG. The solid bond conductor shall be run back to the equipment location. A minimum of four (4) ground clamps that are evenly spaced around the pool and/or spa shall be required to electrically bond the pool and/or spa from stray ground current. All electrical conductors buried in the ground shall be inspected and approved by the Town prior to covering. Diving boards and all metal within five feet (5') of waters edge shall be grounded. Approved isolation joints shall be required at all areas where the deck will abut the building foundation, patio slabs or any other existing concrete. 3. P-Trap and Gas Line. Before the backwash line, p-trap and gas line are covered in any way, those items shall be inspected and approved ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 5 by the Town. All gas lines shall be installed a minimum of eighteen inches (18") deep with a minimum Yellow #18 AWG tracing wire and a pressure test with fifteen pounds per square inch (15 psi) on a thirty pounds per square inch (30 psi) gauge. All pools and spas shall have a p-trap and backwash line connected to the sanitary sewer. Backwash lines shall be installed at time of inspection. Air gaps must be a minimum two (2) times the diameter of the backwash line that is installed. The air gap must be installed at time of inspection. EXCEPTIONS: 1) Above ground pools and spas that have a capacity of seven-hundred fifty (750) gallons or less are not required to install a P-trap or backwash line. 2) Lots that do not have access to Town sewer and where sanitary drainage is provided through a septic system, no p-trap or backwash line is required; however, adequate drainage, as solely determined by the Town, must be provided to allow for drainage of the pool and/or spa. 4. Pre-Plaster Inspection. Before any water is placed in the pool and/or spa, the permanent fence shall be installed, inspected and approved by the Town. The "Pool Affidavit" shall be picked up at pre-plaster inspection. The pool barrier shall meet all requirements of the town adopted 2003 International Residential Code, Appendix G, as amended by the Town. All non-pedestrian access gates shall have keyed locksets, combination or keyed padlocks locked at all times when not in use. All doors and windows within sixty inches (60") of waters edge must be tempered safety glass in conformance with the Town adopted 2003 International Residential Code (IRC), as amended. 5. Pool Final. Before the pool and/or spa is/are used, all pool and/or spa components shall be inspected and approved by the Town. All pool and/or spa equipment shall be grounded by an approved method and operating properly. No pool and/or spa equipment shall be attached to a common fence located on a property line. All equipment shall be securely fastened on the equipment pad. All GFCI receptacles shall be installed and operating properly in accordance with the town adopted 2003 International Residential Code (IRC), as amended. The pool and/or spa final inspection shall be approved within ninety (90) days from the date the permit is issued. This Ordinance is not all inclusive of all Town adopted building codes, as amended. Permit holders shall abide by all Town adopted building codes, as amended, and Town provided inspection guidelines, as amended. SECTION 3: Revocation of Pool Permit/Appeal. The Town's Building Official may, after providing an opportunity for an appeal hearing, revoke a permit for failure to comply with any of the requirements of this Ordinance. Prior to revocation, the Building Official shall notify the holder of the permit, in writing, of the reason for which the permit is subject to revocation and ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 6 that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for an appeal hearing is filed with the Town by the holder of the permit within such ten (10) day period referred to in the notice. If no request for an appeal hearing is filed within the ten (10) day period referred to in the notice, the revocation of the permit becomes final. SECTION 4: Administrative Process. Any notice provided or permitted to be given under this Ordinance must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and certified with five day return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith will be effective upon receipt at the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the Town. The appeal hearings provided for in this Ordinance shall be conducted by the Town Administrator/Manager, or his/her designee, at a time and place designated by him/her. Based upon the evidence of such hearing, the Town Administrator/Manager shall make final findings, and shall sustain, modify or reverse any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the Town within ten (10) days of the Town Administrator's/Manager's decision. The Town Administrator's/Manager's decision is final. SECTION 5: International Residential Code. If an inconsistency exists between any provision of this Ordinance and a provision of the 2003 International Residential Code, adopted by the Town pursuant to Ordinance No. 04-38, as it exists or may be amended, the more stringent regulation shall apply. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 7 and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Prosper, Texas this 10th day of October, 2006. arles Niswanger, ayor ATTE : tthew Denton, Town Secretary DATE(S)OF PUBLICATION: �d$G ( mc6 ,The Dallas Morning News,Collin County Edition. l OF Pno �o o • ��i IL : 4 i i • 4. '�/ •'•••.•.....•••,f ��eeee�1,17EXAs� °'`. ORDINANCE ESTABLISHING RESIDENTIAL SWIMMING POOUSPA REGULATIONS Page 8 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in Dallas Morning News—Collin County Edition on: TOWN OFPRSPER TEAS ORDINANCE NO.06-110 October 17,, 2006 AN OC OF THE TOWN OF PROS- = October 19, 2006 PER, TEXAS ESTAB- LISHING REGULATIONS r POOLS SPASL S PROVIDING FOR THE ay REQUIREMENT OF A PERMIT; PROVIDING FOR THE REVOCATION OF A PERMIT AND AP- PEAL PROCESS. PRO- VIDING FOR A PENAL- 4 TY FOR THE VIOLA- ✓ ('�' !/ TION OF THIS ORDI- NANCE; PROVIDING FOR REPEALING, SAV- a TY CLAUSES;PROV D- ING FOR AN EFFEC- a (Lynda Black) TIVE DATE OF THIS ORDINANCE;AND PRO- VIDING FOR THE PUB- LICATION OF THE CAP- 0 TION HEREOF. Sworn to and subscribed before me this October 19, 2006, A.D AlFr 400j ,WHIP, # \e `O'. PA•ii�,�i (Lisa Ba' - field) •_.......;�/n o a �IgAYPUB.%<\c/ gip.