AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS REGULATING SWIMMING POOL AND NON-RESIDENTIAL SPA CONSTRUCTION AND OPERATION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Article 14 of Chapter 5 of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto, is enacted to read as follows:
ARTICLE 14. SWIMMING POOLS AND NON-RESIDENTIAL SPAS
5-1401 CONSTRUCTION PERMIT AND APPROVAL: HEALTH DEPARTMENT.
Before work is commenced on the construction of a swimming pool or non-residential spa or on any alteration, addition, remodeling or other improvement to a swimming pool or non-residential spa, an application for a permit to construct and the plans and specifications and pertinent explanatory data shall be submitted to the Health Department for its approval, and no part of the work shall be commenced until the Health Department has granted such approval by a written permit to construct and has further evidenced its approval by a suitable endorsement upon such plans and specifications. No department of the City charged with the duty of issuing permits for building, plumbing or electrical work, for sewer connections or for other work in connection with the construction of a swimming pool or non-residential spa shall issue a permit for a swimming pool or non-residential spa until the plans and specifications therefore have been thus endorsed by the Health Department. The Health Department shall review such plans and specifications to determine whether they comply with the provisions of this Article and with reasonable standards of swimming pool or non-residential spa construction for the protection of the safety and health as prescribed in rules and regulations promulgated by the Health Department pursuant to this Article.
The application to the Health Department for a permit to construct a swimming pool or non-residential spa or to construct any alteration, additions, remodeling or other improvement to a swimming pool or non-residential spa shall be submitted in such forms and be supported with such information and data, as well as plans, specifications and pertinent explanatory data, as the Health Department may require pursuant to its rules and regulations promulgated hereunder.
5-1402 RULES AND REGULATIONS.
The Health Department shall have power to adopt rules and regulations not inconsistent with the terms of this Article for the purpose of carrying out and enforcing the objectives set out in the title hereof. A copy of such rules and regulations shall be approved by the Governing Body and filed and made available for public examination in the office of the City Clerk. Copies of such Article shall also be made available to all applicants under this Article. Failure or refusal to comply with any of the rules and regulations promulgated under this Section shall be deemed a violation of this Article.
5-1403 HEALTH DEPARTMENT TO MAKE INSPECTIONS.
The Health Department, through its duly authorized agent, shall be authorized to make inspections of all swimming pools or non-residential spas at any and all reasonable times, both during and after construction, and shall notify the owner, operator or person in charge of length of time in which to meet the same.
5-1404 PLANS SUBMITTED TO CODES ENFORCEMENT MANAGER.
After approval by the Health Department and their endorsement of the plans and specifications, said plans together with a plot plan showing the exact location of the pool or non-residential spa on the lot and a suitable screening or enclosure shall be submitted to the Codes Enforcement Manager or his or her designee for approval prior to the commencement of construction. Approval shall also include the issuance of permits for all plumbing and electrical work as well as the sewer connections for the pool or non-residential spa.
5-1405 REQUIREMENTS.
All swimming pools and non-residential spas shall be governed by the requirements of this article and the rules and regulations promulgated pursuant hereto
5-1406 PENALTY.
Any person violating any of the provisions of this Article or the rules and regulations promulgated hereunder shall be deemed guilty of a misdemeanor.
5-1407 SEVERABILITY.
If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 2. This ordinance shall be in full force and take effect on January 1, 2008, and after its publication as provided by law.
Passed by the Governing Body this ____ day of _____________, 2007.
Sue Hack, Mayor
ATTEST:
Frank S. Reeb, City Clerk
Approved as to form and legality:
Toni Ramirez Wheeler, Director of Legal Services