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HomeMy WebLinkAbout2000 Ordinance No. 026• ORDINANCE NO . & SERIES OF 2000 BY AUTHORITY COU?1CIL BILL iJO. 26 INTRODUCED BY COUNCU. MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 8, CHAPTER SB , OF THE ENGLEWOOD MUNJCIPAL CODE 1985, PERTAINI NG TO PUBLIC AND SEMI-PUBLIC SWIMMJNU POOLS IN THE CITY OF ENGLEWOOD, COLORADO. Wlib:llEAS , the City of Englewood hae used the Colorado State Department of Health Swimming Pool Regulations and Standards as a safety sbuldardl aince 1973; and WHEREAS, this standard is updated periodically to keep pace with changing technology ; and WHEREAS, the City of Englewood Division of BuiJd.ini and Safety 1tafi" baa thoroughly reviewed the 1993 Edition of the Colorado State Depc.rtment of Health Swimming Pool Regulationa and Standards and recommende adoption thereof aubject to certain exceptions, modification, and amendment; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~-The City Council of the City of Englewood, Colorado hereby amende Title 8 , Chapter 3B , of the Englewood Municipal Code 1985, to read aa follows: CHAPTERS SWIMMING POOLS ARTICLE B PUBLIC AND SEMI -PUBLIC SWIMMING POOLS 8-3B -l : COMPLIANCE WITH CODE : It shall be unlawful for any pel'110n to operate a public or semi-public swimming pool except as provided in and authorized by this Article, and in aax,rdance with applicable rules and regulations promulgated by the Colorado State Department of Health aa adopted herein. 8-3B-2: COLORADO STATE DEPARTMENT OF HEALTH SWIMMING POOL REGULATIONS AND STANDARDS ADOPTED : There is hereby adopted, by reference thereto, the Colorado State Department of Health Swimming Pool Regulations and Standards eeetiaM Ill, Pl and Appendix , dated September~ .3l!...J.m , publiahed by the Colorado State Department of Helllth, Division of Engineering and Sanitation, 4210 East 11th Avenue, Denver, Colorado , 80220 , with the same force and effect as if the aame were fully oat forth -1- herein. Not leu than three (3) copie■ of the above described Code shall be certified to be true copiu of said Codo by~ ~~r 1\11~ the Clerk and fil ed in thr office of the Clerk at leut fifteen (15) days prior to public hea1ing and subject to public ina~--t ~ ~aa wbila aaid Code ia m full force and effect. The Clerk •!wJ maintaii\ at all tim11 reuonable copiea of the Code availabla for purcl,aae by the public at ,eaaopable prine ,, Tho Clerk shall maintain n ropy of the Standard.a available for inspection during regulv hueineHS hours a ae a. 9B~ml'l'IGtlll . ~ PUBblG SIJIIMHUIG PGGb : SIIIH PUBLIC SVIIB!MltlG P98L: Sll<QQHtlG PQGL: 8-3B-4-~: PLANS AND SPECIFICATIONS: t""zn) pero eft , firm, pftftnerehip , aaeeeiatiett , eerporaiW:on, eem,-,, ,:a,ern.ment&l. agene,, el11h er orgenil!fttiea of M1) ltinel . AH im!Mftg pool ue11all, apen tie an, memhet oflhe ptthne . Aw,a .. immingpeol whieft it neitfter a p11blie n,:imtlting peel ner a pri at;e a" imtmll:g peel, inel11tlm1 hJ "&) olemmple, •• ne• limited to, hotel peals, motel peak, ... 11 ...... ..,.i~ .'in arti:ieio.-H, ee n:1 t:rtteteti l,Mf of "ate1 mMftt.mfted e-11t&,al, fer awi.n11Mng, reereaa'lle I,~. sr wading, ;,,ei...itng opp_"".....,.._.. in cennee'Hen "ith the awimming peel. It shall be neceoeary to submit to the City of Englewood and the Tri-County District Health Department and the Colorado Department of Healt-h as required in the hereinabove adopted standards detailed pl ans and specifications before any public or aemi-public swimmin& pool ia installed, constructed, modified , remodeled, extended or enlarged. Before such work ia commenced, such plaua and apecificationa shall be approved, in writing, by the Cit;y of Englewood and the Tri-County Diatrict Health Department with respect to the layout and arrangement of all areas and the materials to be used in construction of the swimming pool, bathing areas and associated. equipment. -2- • • 8-3B-6 f REPAIR OR CLEANING ORDER: The City Manal!"r, or hie authorized agent, may order any peraon who hu cauaed any pro, iaiona of this Article to be violated to effect such cleaning or repair operationa as are neceHary to place such swimming pool in conformity with the requirements of thie Article and pertinent rules and reculationa referred to hereunder. While cleaning and repair operations pUl'lluant to an order under tsrma of this Ar.;cle ,,re being undertaken, the area or &reBB of the awimminll pool ,affected by such ct rlt1, :.[ .. 111 not be utilized in connection with the operations of auch swimming t'J."\. ~. l;:,w'j;; Clpnffe The City Council hereby finds, determine,, and declares the I tluardinance ia promulgated under the general police power of the City of Enr.loo. .. ,d, that it ia~ulgau,d for the health, safety, and welfare of the public, and <J ,.! thie Ordinan ia neceaaary for the preservation of health and BBfety ar.d for the p,~:,clion of public venience and welfare. The City Council.further deter!.I ' 1ca thai the Ordinance bears a retional relation to the proper legialative ol.iect sought 1.1 be obtained. . ' I ~11.3-l'everabjljty If ,ny claUBe, sentence, paragraph, or part of thia Ontin Jt.nce o: the application thereof to any person or circumat.ancea ahall f'or any reason be atljudged by a court of compeu,nt juriadiction invalid, such judgment shall not affect, impair or invalidats the remainder of thie Ordinance or it application to other peraozis or circumstances . ~ lnmnaiateut Ordinencra All other Ordinances or portions thereof inconaiawnt or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conJlict. ~ Effect of rePf d or modification The repeal or modification of any provision of the Code of the City of Englewood by thie Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall ha ve been incurred under such provision, and each provision shell be treated and held es still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well BB for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions , suits, proceedings , or prosecutions. ~ ftllllltv. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 20th day of March, 2000. .3. Published aa a Bill for an Ordinance on the 24th day of March, 2000. Read by title and paaaed on final reading on the 3rd day of April, 2000. Published by title ea Ordinance No~ Series of 2000, on the 7th day of April, 2000. I, Loucriahia A. Ellia, City Clerk of the City of Englewood , Colorado, b·· •,by certify that the above and foregoing is a true copy of the Ordinance passed on fu.al reading ............ .,,,·-···""-·w . · 112J ~Ila -4- • De March 20. 2000 INITIATED BY: Safe Services, Bulldin Division COUNCIL COMMUNICA'. lON Agenda Item '1 a viii Subject: nue a Chapter 3-B Swlmmln Pools STAFF SOURCE: Lance Smith , Chief Bulldln Division COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Colorado State Department of Heallh Swimming Pool Reg ulations am:. Standards sectlons Ill , IV and A~pendix, dated September 19, 1973 were adopted , by reference, by Council with Ordl:iance 82 Series 1985 . RECOMMENDED ACTION The Building Division of the Department of Safely Services recommends the adoption , by ordinance, the updated Colorado Department of Health Swimmir.g Pool and Mineral Bath Regulations Articles I, II , Ill , IV , Vand Appendix A, dated Augu~t 15, 1993. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 19f:'3 Swimming Pool Regulations provide regulatory guidelines that reflect the most recent techn~logical advancements and ~afely lactors for Public and Semi-Public Swimming Pools . These regulations are the recog•1ized standards for this part of thE• country and will continue to serve this community we:1. FINANCIAL IMPACT None Anticipated LIST OF ATTACHMENTS Proposed Ordinance