2021-67 - O - Repealing Article 3.16 Pools & Spas - New Article 3.16 & Adopting 2021 Int'l Swimming Pool & Spa Code 11.23.21TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2021-67
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
EXISTING ARTICLE 3.16, "POOLS AND SPAS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER AND REPLACING IT WITH A
NEW ARTICLE 3.16, "SWIMMING POOL AND SPA CODE"; ADOPTING THE
2021 EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE,
SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH
HEREIN; REGULATING THE CONSTRUCTION, ALTERATION, MOVEMENT,
RENOVATION, REPLACEMENT, REPAIR, AND MAINTENANCE OF AQUATIC
RECREATION FACILITIES, POOLS, AND SPAS; 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 Town Council of the Town of Prosper, Texas (the "Town Council'), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal existing Article 3.16, "Pools and Spas," of the Code of Ordinances and replace
it with a new Article 3.16, "Swimming Pool and Spa Code"; and,
WHEREAS, the Town Council has also investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to adopt the 2021 Edition of the
International Swimming Pool and Spa Code, save and except the amendments and deletions set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Article 3.16, "Pools and Spas," of the Code of Ordinances of the Town of Prosper
Texas, is hereby repealed in its entirety and replace with a new Article 3.16, "Swimming Pools
and Spas," to read as follows:
"ARTICLE 3.16. SWIMMING POOL AND SPA CODE
Sec. 3.16.001 Code Adopted; amendments
The International Swimming Pool and Spa Code, 2021 Edition, copyrighted by the International
Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A,"
attached hereto and incorporated herein for all purposes, is hereby adopted as the Swimming
Pool and Spa Code for the Town, regulating the construction, alteration, movement, renovation,
replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas within the
Town (the "2021 International Swimming Pool and Spa Code"). The 2021 International Swimming
Pool and Spa Code is made a part of this Article as if fully set forth herein. A copy of the
International Swimming Pool and Spa Code, 2021 Edition, copyrighted by the International Code
Council, Inc., is on file in the office of the Town Secretary of Prosper being marked and so
designated as the 2021 International Swimming Pool and Spa Code.
Sec. 3.16.002 Location of Pools and Spas
Pools and spas located in Districts zoned as Agricultural, Single -Family, Townhome, and Two -
Family shall be subject to the following restrictions:
Pools and Spas shall have a required minimum side yard setback of three feet (3').
2. Pools and spas shall have a required minimum backyard setback of three feet (3').
3. No pool or spa is allowed in the required front yard of any property.
4. Measurements for placement shall be taken from the edge of pool construction (back of
beam), not the water's edge."
SECTION 3
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 and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
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 4
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 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 5
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), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective on January 1, 2022, after its adoption and
publication as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER, 2021.
Ordinance No. 2021-67, Page 2
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Ray Smith, Mayor
APPROVED AS TO FORM AND LEGALITY:
Torrence S. Welch, Town Attorney
Ordinance No. 2021-67, Papa 3
TmN
ATTEST:
Michelle Lewis Sirianni, Town Secretary
�am ��l
Ray Smith, Mayor
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2021-67, Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2021 INTERNATIONAL SWIMMING POOL AND SPA CODE
The following additions, deletions, and amendments to the 2021 International Swimming
Pool and Spa Code are hereby approved and adopted.
The following sections, paragraphs, and sentences of the 2021 International Swimming Pool and Spa Code
are hereby amended as follows: Standard type is the text from the ISPSC. Underlined type is text. inserted.
Lined- #iroug1) type is de#eted text-€rem4SP-SG
Section R101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the Town
of Prosper hereinafter referred to as "this code."
Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of
local, state, or federal laws to include but not limited to:
1. Texas Department of State Health Services TDSHS : Standards for Public Pools ands as:
§285.181 through §285.208,_(TDSHS rules do not apply to coals serving one- and two-
family dwellings or townhouses).
2. Texas De artment of Ucensiag and Regulation TDLR , 2012 Texas Accessibility Standards
(TAS). TAS provide the scoping and technical requirements for accessibility for swimming pools,
wading pools, and_soas 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 Chaoter.
113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the
approved construction documents or directive of the code official, or of a permit or certificate issued under
the provisions of this code may be punishable for each day of the violation set forth by the authority having
iurisdiction. , shall he guilty of a [SPEC414V OFFENSE] pun' le by a find of not man [AItROUNT7
dia4aafs
YiChntin-wes after due nOtinea has hnaw served shall h....1.,..-.r, te4gfeAse-
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 only 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.
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.
305.4 Structure wall as a barrier. Where a wall of a dwelling or structure of a one- and two-family dwelling
or townhouse or its accessory structure serves as Dart of a barrier and where doors or windows provide
direct access to the pool ors a through that wall one of the following shall be IN uired:
1. Remainder Unchanged
2. Remainder Unchanged
3. Remainder Unchanged
Ordinance No. 2021-67, Page 4
4. Remainder unchanged
5. Remainder unchanged
305.6 Natural barriers used in a one- and two-f6rpl,ly 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.
Section 307.1.4 Accessibility; Add exception to section to 307.1.4 as follows:
Exception: Components of projects regulated by and registered with Architectural Barriers Division of
Texas De artment of Licensing and Regulation shall be deemed to be in compliance with the requirements
of this Chapter.
Section 307.2.2.2. Adiacency to Structural Foundation. Depth of the swimming pool and spa
shall maintain a ratio of 1:1 from the nearest building foundation or footing of a retaining wall.
Exception: A sealed engineered design drawing of the proposed new structure shall be submitted for
approval.
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with
APSP 7 (ANSI/PHTA/ICC 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.
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Table
402-.U-Texas Department of State Health Services, Administrative Code Title 25, Chapter 265,
Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and Figure 402.12)
AD
�D: Figure: 25 TAC 265.186 e 6
Maximum Diving Board Height Over Water
3/ 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.
F16 ft. 5 in.
19 ft. 9 in.
L3 Minimum
14 ft. 10 in.
13 ft. 2 in.
13 ft. 11 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.
loft.
10 t.
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. not be IE 6s than 24 inrahe (607r, r n) at the
(1549 ri an uAabcfrzr+ted haFizantal depth of not Ins fhAn1I7 iRG-14 4LFnm)_at the center lino
Ordinance No. 2021-67, Page 5
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 -far the hntton; r;c.ee hall have a u fnr-m_height of not greater than
12 inches (306 rxmi,r) mea6weGl-at_ th&ranter Linn Tl.a hnKnm rise r he ..ht ;.. ,-.II..wed to vary to tiieflnnr
Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply with all of the
following:
1.Unchanged
2. Unchanged
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.
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 a pplied and the color shall be permanent in nature and shall be a slip -resistant surface.
6. Unchanged
7. Unchanged
610.5.1 Uniform height of 8-jkinches. Except for the bottom riser, risers at the centerline shall have a
maximum uniform height of 9-10 inches (22&-254 mm). The bottom riser height shall be permitted to vary
from the other risers.
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 4
END
Ordinance No. 2021-67, Page 6