HomeMy WebLinkAboutOrdinance No. 2020-34 ORDINANCE NO.2020-34
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES,CHAPTER 14,BUILDING AND BUILDING
REGULATIONS,ARTICLE VIII.,SWIMMING POOLS BY
REPEALING ARTICLE VIII. SWIMMING POOLS,
SECTIONS 14-356 THROUGH 14-357 AND ADOPTING
CHAPTER 14,BUILDING AND BUILDING REGULATIONS,
ARTICLE VIII., SWIMMING POOLS AND SPAS,
SECTIONS 14-356 AND 14-357;BY ADOPTING THE 2018
INTERNATIONAL SWIMMING POOL AND SPA CODE
(ISPSC);PROVIDING A PENALTY OF AN AMOUNT NOT
TO EXCEED $2,000.00 FOR EACH VIOLATION;
REPEALING ALL OTHER ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY;
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Friendswood,Texas(the"City")is desirous
of protecting the public health,safety,and welfare of all citizens of Friendswood;and
WHEREAS,the International Swimming Pool and Spa Code(ISPSC)is a model code that
regulates the minimum requirements for design,construction,alteration,repair and maintenance
of swimming pools,spas,hot tubs,and aquatic facilities including public swimming pools,public
spas,public exercise spas,aquatic recreation facilities,on ground storable residential pools,
permanent in ground residential pools,permanent residential spas,permanent residential exercise
spas,portable residential spas,and portable residential exercise spas;and
WHEREAS, the Texas State Legislature adopted House Bill 2858, adopting the
International Swimming Pool and Spa Code(ISPSC),as it existed on May 1,2019,as the
municipal swimming pool and spa code for the State of Texas;and
WHEREAS,House Bill 2858 takes effect September 1,2020;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,STATE OF TEXAS:
Section 1. That the foregoing recitals are hereby found to be true and correct and are
hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.
The City Council hereby further finds and determines that the rules,regulations,terms,conditions,
provisions and requirements of this ordinance are reasonable and necessary to protect the public
health,safety and welfare of the citizens of the City.
Section 2. That Chapter 14 of the Code of Ordinances entitled"Building and Building
Regulations",Article VIII.Swimming Pools,Sections 14-356 through 14-357 are hereby repealed
in their entirety.
Section 3,. That Chapter 14 of the Code of Ordinances entitled"Building and Building
Regulations",Article VIII.Swimming Pool and Spa,Sections 14-356 through 14-357 are amended
to read as follows:
"Article VIII.Swimming Pools and Spas
Sec.14-356.-International Swimming Pool and Spa Code(ISPSC)adopted.
The International Swimming Pool and Spa Code,2018 Edition,as published by the International
Code Council,Inc.,is hereby adopted by reference and made a part of this article.A copy of such
code is on file with the city secretary.
Sec.14-357.-Amendments to International Swimming Pool and Spa Code.
The 2018 Edition of the International Swimming Pool and Spa Code,as adopted in section 14-
356,is hereby amended as follows:
101.1.Title.These regulations shall be known as the Swimming Pool and Spa Code of the City of
Friendswood,Texas,hereinafter sometimes referred to as"this code."
Ord No.2020-34 2
Section 105.6.2 Fee schedule.The fees for work shall be as indicated in the following schedule:
Appendix D,Fees,of the Code of Ordinances.
Section 105.6.3.Fee refunds.Refunds shall be as indicated in Appendix D,Fees,of the Code of
Ordinances.
Section[A]107.4 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 shall be deemed guilty of a
misdemeanor and upon conviction,shall be fined in an amount not to exceed$2,000.00.Each day
of violation shall constitute a separate offense."
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 5. That in the event any clause phrase,provision,sentence,or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction,it shall not affect,
impair,or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional;and the City Council of the City of Friendswood,Texas,
declares that it would have passed each and every part of the same notwithstanding the omission
of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts.
Section 6. That this Ordinance shall become effective upon publication as required by
the City Charter.
PASSED AND APPROVED on first reading this 14'day of September,2020.
PASSED,APPROVED,and ADOPTED on second and final reading this 5th day of
October,2020.
ike reman.(/
May
Ord No.2020-34 3
ATTEST:
RA
Melinda Welsh,TRMC
City Secretary
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Ord No.2020-34