Article XV
Swimming Pools
Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective meanings
ascribed to them:
Aboveground Swimming Pool: A structure in which the entire construction is above ground, or if
partly above and partly below-ground, the top of the receptacle basin is at least twenty-four inches
(24”) above ground.
In-Ground Swimming Pool: A structure intended for swimming or recreational bathing that contains
water over twenty-four inches (24”) deep and has a capacity of over seven hundred (700) gallons that
is dug into the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary special purpose pool or
receptacle set aside primarily for use by children with a depth no greater than twenty-four inches
(24”).
Non-Maintained: The failure to keep water clean, bacteria and insect free by chemical or mechanical
means.
Permitting Department: The Permitting Department of the Town of Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or any other entity
recognized in law.
Spa: A hydro-massage pool or tub, including but not limited to hot tubs, whirlpool baths and tubs and
Jacuzzi-type tubs or baths, for recreational or therapeutic use, not located in a health-care facility,
designed for immersion of users and usually having a filter, heater, and motor-driven blower. The spa
is intended for recreational bathing and contains water over twenty-four inches (24”) deep.
Stagnant: Standing or non-flowing water.
Surface Waters: Water collecting on the ground or in a stream, river, lake, wetland, or ocean.
Swimming Pool: Any structure intended for swimming or recreational bathing that is designed to
contain water over twenty-four inches (24”) deep and has a capacity of over seven-hundred (700)
gallons. This includes inground, aboveground and on-ground swimming pools. As used in this Article
the term is limited to pools which are fitted with a filter for clarifying pool water, or which are designed
to be fitted with a filter, whether installed or not. The term shall not include facilities located inside a
residence, storable pools designed for seasonal setup and use which are stored at the end of the
swimming season, or spas installed on decks or porches if a fitted hard cover designed to prevent
entry is maintained in place at all times when the spa is not in use.
Swimming Pool Filter Backwash: Normal filter backwash water from both public and private
swimming pools as well as spas with backwash filter facilities.
Unsanitary: Not free from elements, such as filth or pathogens that endanger health and hygiene.
(Ord. No. 95-12, § II, 7-18-95, Repealed by Ord. No. 2005-15, II, 6-20-05) Ord. No. 2007-16, § II, 4-16-07,
amended sections 15.01-15.08, Ord. No. 2008-22, § II, 8-18-08 amended section 15.01
Section 15.02 Applicability and Prohibitive Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall also apply to all existing pools and spas which
have a depth greater than twenty four inches (24”) of water at any point, except as specifically
prohibited in Subsection F. It shall be unlawful for any person to violate any provision of this
Article.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.02 (A)
B.
No person shall construct, erect, or maintain an aboveground pool.
C. No person in possession of land within the Town, whether as owner, purchaser, lessee, or
licensee, upon which is situated a swimming pool having a depth greater than twenty-four
inches (24”) or more of water at any point, shall fail to provide and maintain such fence or wall as
herein provided.
D. Any and all unfenced swimming pools existing at the time this Article is passed shall have
ninety (90) days to comply with the terms and requirements herein stated, from the effective date
of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool to permit the drainage of any swimming pool
filter backwash containing spent diatomaceous earth to the storm drainage system, to
surface waters, or to adjacent public or private property.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.02 (E), Ord. No. 2010-03, § II, 2-1-10 amended
section 15.02 (E)
F. It shall be unlawful for any Person owning, leasing, claiming, occupying or having
supervision or control of any swimming pool, regardless of the depth of water it contains, within the
corporate limits of the Town, to permit or allow swimming pool water to harbor or be a
breeding ground for mosquitoes, flies, or other pests or which causes a foul odor or adversely
impacts the public health and safety by any means.
(Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, III, 6-20-05) Ord. No. 2007-16, § II, 4-1607, amended sections 15.01-15.08, Ord. No. 2008-22, § II, 8-18-08 amended section 15.02, (A and E)
Chapter 3 – Buildings and Construction
Rev. 2/1/10
Section 15.03 Exceptions
A. Kiddie Pools or Wading Pools are exempt from the provisions of this Article except as
specifically provided herein.
B. Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths with a capacity of not more
than fifteen hundred (1,500) gallons shall be allowed above ground.
C. In lieu of the fence requirement in Section 15.04, rigid lock-down covers may be allowed
for hot tubs, whirlpool baths and tubs, Jacuzzi-type baths and tubs, and spas, provided that prior
approval is given through the fence permit application process and further provided that the
cover is kept locked at all times that the hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub,
and/or spa is not in use.
(Ord. No. 95-12, § III, 7-18-95, Repealed by Ord. No. 2005-15, IV, 6-20-05) Ord. No. 2007-16, § II, 4-1607, amended sections 15.01-15.08
Chapter 3 – Buildings and Construction
Section 15.04 Swimming Pools
A.
Swimming Pool Permit Application
The following information shall be required for each swimming pool permit application:
1.
Applicant’s name and address.
2. If person represents a corporation, partnership or other legal entity, the address
of the president or registered agent of the entity.
3.
Name of the foreman or contractor in charge of construction.
4.
Name of the owner of the property.
5.
Address of the location where swimming pool is to be constructed.
6.
Size of swimming pool.
7.
Approximate value.
8. Two (2) site plans showing the location of swimming pool in relation to the property lines
with the distance indicated from the pool to any structures and to the property boundaries.
All measurements shall be from the pool structure itself and not from the water’s edge and
also show property setback lines, drainage plan, location of any and all drainage and/or
public utility easements, and the location of required and/or existing fence.
a.
Fence permit, if applicable.
B. Permit fees, in accordance with the current fee schedule, shall be paid prior to the issuance
of a permit and the commencement of construction of a swimming pool.
C.
Fence Requirements
1.
Permanent Fence
Before a swimming pool, hot tub, whirlpool bath and tub, Jacuzzi-type bath and tub, and/or
spa is filled with water, a permanent fence shall be erected surrounding the pool, which shall
conform to the International Building Code, as adopted and amended by the Town.
a. The Pool Contractor or other person constructing a pool is responsible for
the construction of a permanent fence that complies with this Article and all other
applicable regulations. The property owner is responsible for the maintenance of a
permanent fence that complies with this Article and all other applicable regulations.
b. It shall be unlawful to maintain any swimming pool, hot tub, whirlpool bath and
tub, Jacuzzi-type bath and tub, and/or spa in the corporate limits of Trophy Club,
which is not fenced in accordance with the requirements of this section and all other
applicable Codes.
2.
Temporary Fence
Prior to commencement of and during the construction of a swimming pool, a temporary fence
Chapter 3 – Buildings and Construction
Rev. 11/02/09
shall be erected and maintained around the swimming pool construction site, which shall limit
access to the construction site at all times except when construction is actually in progress.
The top of the temporary fence shall be at least four feet (4’) in height. The wall of a dwelling
may serve as part of the fence.
a. All inspections will be canceled if a temporary fence is not installed on the job site
and a re-inspection fee will be assessed in an amount set by the Town’s Schedule of
Fees. Continued failure to enclose the site with a temporary fence may result in a
citation being issued to pool contractor.
D.
Form Survey Required
A form survey shall be submitted and approved by the Building Inspector prior to calling for the first
inspection.
E.
Certificate of Completion
Prior to the issuance of a certificate of completion, the swimming pool shall pass each of the
following inspections:
1.
Belly steel and ground steel,
2.
Deck steel and ground,
3.
Gas line inspection (if applicable) and P-Trap/Backwash inspection.
a. Before the backwash, P-Trap & gas line are covered in any way, those items
shall be inspected and approved. All pools shall have a p-trap and backwash line
connected to the sanitary sewer.
4.
Drainage Survey
The pool final inspection will not be approved if the Inspector determines that the grading and
drainage of the lot is not in compliance with the approved drainage plans for the subdivision.
If the inspector cannot determine the lot water flow, an engineered survey shall be required.
5.
Final inspection, including the fencing.
a. At the final inspection, all local requirements, state requirements and Townapproved building codes must be met.
F.
Lighting
All lighting of a swimming pool shall be shielded or directed to face away from adjoining residences.
If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be
so designed, that direct rays from the lights shall not be visible from adjacent or contiguous
properties.
G.
Licensed Contractor
All electrical and plumbing work shall be performed by licensed contractors in accordance with the
requirements of the Town-approved Building Code, as amended and all other applicable Codes or
Chapter 3 – Buildings and Construction
Rev. 11/02/09
regulations.
H.
Location
1. All swimming pools, to include but not limited to kiddie and wading pools, shall be
located within the side and/or rear yard and shall not encroach upon any identified easement.
2. Pools located in a side yard must be a minimum of twenty (20) feet behind the front
elevation of the primary structure.
3.
The waters edge of the swimming pool must be at least six (6) feet from any property line>
4. If the waters edge of the swimming pool is located closer than six (6) feet to the
primary dwelling, an engineer’s letter, stamped by all applicable engineers, stating the
excavation will not in any way harm the structural integrity of the primary dwelling, will be
required at the time of plan submittal.
Ord. No. 2009-29, § II, 11-02-09 amended section 15.04, (H)
I.
Draining of Swimming Pools
1. All backwash or drainage from a swimming pool shall discharge into the sanitary
sewer system. An indirect connection shall be made by means of an air break discharging
into a tail piece installed a minimum of 6” or 152 mm above adjacent grade. The tailpiece
shall be connected to a minimum 3” or 76 mm p-trap not less than 12” (304 mm) below
grade which discharges into the yard cleanout riser.
2.
Owners of pools built or permitted prior to July 1, 2005 shall have until June 15,
2010 to comply with subsection 1 above or to obtain a Compliance Permit in
accordance with subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above, Owners of pools
built or permitted prior to July 1, 2005, may obtain approval for an alternate disposal
process for all swimming pool backwash. An application for approval of an alternate
disposal process may be obtained from the Town’s Permitting Department. The Compliance
Permit shall not allow for any backwash or drainage water to be pumped or drained directly
or indirectly to adjacent public or private property, including without limitation, streets, storm
sewers or surface waters. The Compliance Permit may allow for drainage if drainage
remains on the Permittee’s property and Permittee properly disposes of all filter backwashes
into the trash as required by the Compliance Permit. Additionally, the Compliance Permit may
allow for the drainage of de- chlorinated water to the curb and gutter in accordance
with the requirements of the Compliance Permit.
4.
Failure to comply with this Section shall be unlawful and shall constitute a violation of this
Article.
Ord. No. 2008-22, § II, 8-18-08 amended section 15.04, (I)
J.
Screening
All swimming pool equipment shall be screened from the view of the public and from the view of
adjacent private properties.
K.
Clarity of Water
Chapter 3 – Buildings and Construction
Rev. 11/02/09
1. The water in all swimming pools within the Town, public or private shall be of sufficient
clarity such that the bottom of the swimming pool is visible to the naked eye. In order to help
achieve this objective, each swimming pool shall have a minimum fee residual chlorine of one
(1) part per million.
2.
In addition, no swimming pool water shall have an acid reaction to a standard pH test.
3. All pools shall be treated, altered or maintained so as to prevent the
development of unsanitary conditions.
4. Pools under construction or which are no longer being operated shall be maintained
in a manner so as to prevent the development of unsanitary conditions potential injury or
possible drowning.
5. Wastewater from a swimming pool shall be discharged into a sanitary sewer. There
shall be no direct physical connection between the sewer system and any drain from the
swimming pool or circulations system.
6. Alternative equivalent methods of wastewater disposal may be approved by the
Director of Community Development if the Director finds that the alternative method of
disposal proposed would not create a public health hazard or public nuisance or violate any
ordinance, state or federal law, rule or regulation. Wastewater disposal which creates a
public health hazard or public nuisance is prohibited.
L.
Equipment
No pool equipment shall be placed within required or established front yard or within any identified
easement. Equipment necessary for or related to the operation of the pool shall not be affixed to
any required perimeter fence or common fences between property owners.
(Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, V, 6-20-05) (Ord. No. 2007-16, § II, 4-1607, amended sections 15.01-15.08), (Ord. No. 2008-22, § II, 8-18-08 amended section 15.04, (I)) (Ord.
No. 2009-29, § II, 11-02-09 amended section 15.04, (H))
Code of Ordinances Cross Reference: (Pool Permit Fees), Chapter 1, § 8.03; (Form Survey), Chapter 3,
§ 2.01.
Chapter 3 – Buildings and Construction
Rev. 11/02/09
Section 15.05 Notice of Violation
A. In the event that any Person owning, claiming, occupying or having supervision or control of
any swimming pool within the corporate limits of the Town fails to comply with the provisions of
this Article, the Town shall give at least ten (10) days notice in writing to such person identifying
the provision of the Article violated and notifying the Person of the ten (10) day period for
remediation of the violation. Such notice shall be given:
1.
Personally to the owner in writing; or
2. By letter addressed to the owner at the owner’s post office address or to the owner’s
address shown on the last approved tax rolls of the Town; or
3.
If personal service cannot be obtained or the owner’s post office address is unknown;
a.
By publication at least twice within ten (10) consecutive days; or
b. By posting the notice on or near the front door of each building to which the
violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates, if the property contains no building.
B. If the owner of property fails or refuses to comply with the provisions of this Article within ten
(10) days of notice of a violation, the Town may go upon such property and do so or cause to be
done the work necessary to obtain compliance with this Article, and may pay for the work
done or improvements made and charge the expenses incurred in doing or having same done to
the owner of such property.
C. The charges provided for in this Article shall be levied, assessed and collected by the
Town of Trophy Club, Texas. In the event the owner of said premises upon which work was
done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30)
days after the first day of the month following the one in which the work was done, the Mayor or his
designee shall file or cause to be filed with the county clerk of Denton County, a statement by
the Town Secretary setting out the expenses that the Town has incurred pursuant to the
provisions of this Article, and the Mayor or his designee shall thereby perfect a privileged lien
on the property involved, second only to tax liens and liens for street improvements to secure the
expense incurred; together with ten percent (10%) interest from the date such payment was
due. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure
had in the name of the Town of Trophy Club, and the statement so made, as aforesaid, or a
certified copy thereof, shall be prima facie proof of the amount expended for any such work or
improvements.
Ord. No. 2007-16, § II, 4-16-07, amended sections 15.01-15.08
Chapter 3 – Buildings and Construction
Section 15.06 Abatement
A.
The Town may abate without notice the following:
1.
Any violation of the fencing requirements of this Article that adversely impacts the public
health and safety by any means by posing an immediate threat or hazard.
2.
Unsanitary swimming pool water that adversely impacts the public health and safety
by any means by posing an immediate threat or hazard.
th
B. Not later than the tenth (10 ) day after the date the Town abates the unsanitary swimming pool
water under this section, the Town shall give notice to the property owner in the manner required by
Section
15.05(A).
C.
The notice shall contain:
1.
An identification, which is not required to be a legal description, of the property.
2.
A description of the violations of this Article that occurred on the property.
3.
A statement that the Town abated the unsanitary swimming pool water; and
4. An explanation of the property owner’s right to request an administrative hearing about the
Town’s abatement.
D. The Town Manager or the Manager’s designee shall conduct an administrative hearing on
th
the abatement under this section if, not later than the thirtieth (30 ) day after the date of the abatement,
the property owner files with the Town a written request for a hearing.
E. An administrative hearing conducted under this section shall be conducted not later than the
th
twentieth (20 ) day after the date a request for a hearing is filed. The owner may testify or present any
witnesses or written information relating to the Town’s abatement.
F. The Town may assess expenses and create liens under this section as it assesses expenses
and creates liens under other provisions of this Article.
G.
The authority of the Town described by this section is in addition to the authority granted by Sections
15.05 and 15.08.
Ord. No. 2007-16, § II, 4-16-07, amended sections 15.01-15.08
Chapter 3 – Buildings and Construction
Chapter 3 – Buildings and Construction
Section 15.07Appeals
Any person aggrieved by the terms of this Article or the interpretation, application, or enforcement of this
Article other than Section 15.06 by the Building Official shall have the right to appeal any action of the
Building Official taken pursuant to this Article. Any such appeal shall be brought, by written application,
filed by an interested party, to the Director of Community Development within ten (10) days following the
action of the Building Official, which is the subject of the appeal. Enforcement of this Article shall be
stayed pending such appeal, except that such appeal does not stay the owner or applicant’s requirement
to comply with temporary fencing regulations specified herein or as specified by other applicable laws,
during the appeal period. In hearing such appeals, the Building Board of Appeals shall review the
determination of the Building Official and, in so doing, may consider whether or not the regulations and
standards of this Article will, by reason of exceptional circumstance or surroundings, constitute a practical
difficulty or unnecessary hardship. The decision of the Building Board of Appeals shall be final.
(Ord. No. 95-12, § IV, 7-18-95, Repealed by Ord. No. 2005-15, VI, 6-20-05) Ord. No. 2007-16, § II, 4-1607, amended sections 15.01-15.08
Code of Ordinances Cross Reference: (Building Board of Appeals), Chapter 3, § 3.04