Ordinance 2001-11
ORDINANCE NO. .d:uJ (- II
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A NEW
SWIMMING POOL CODE, REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE
WHEREAS, the Construction Board and the building official for the City have
reviewed a new Swimming Pool Code and recommends adoption of the same by the City of
Wylie; and,
WHEREAS, the City council has determined in its legislative capacity that adoption of
such code furthers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION 1: Swimmin2 Pool Code. A new Article XVI "Swimming Pool Code" of
Chapter 22 "Buildings and Building Regulations" of the Code of Ordinances of the City of Wylie, be,
and it hereby is, added as set forth herein:
"ARTICLE XVI. SWIMMING POOL CODE
Sec. 22-590. Permit Applications
All pool permit applications must contain the following information:
(1) Two (2) plans stamped by the electrical service provider (TXU Electric, Co-Serv or
Texas/New Mexico).
EXCEPTION: Above ground pools and spas are not required to provide plans
stamped by the electrical service provider.
(2) Three (3) site plans indicating the location of the pool in relation to property lines and the
distance the pool will be from any structures. Measurements will be made to the pool
structure itself - not the water's edge. Location and setback requirements include:
a. Rear Yard - The pool must be located at least five feet (5') from the rear
property line.
b. Side"Yard - The pool must be located at least five feet (5') from the side
property line.
Page 1
c. Easements - Pools, pool decks and pool equipment can not be located within any
easement.
d. Buildin2s - Pools must be located no less than three feet (3') from buildings with
foundations and at least one foot (1 ') for every one foot (1 ') of depth - measured
to any point of excavation. For example, if a portion of a pool is five feet (5')
deep, that portion of the pool must be located at least five feet (5') from a
building that utilizes a foundation.
NOTE: The measurement will be from the point at which the natural grade
touches the foundation and any area excavated for the pool construction.
EXCEPTION: Above ground pools and spas do not have a minimum
required setback from foundations, but are required to comply with property
line setback and easement requirements.
e. Pool EquiDment - Pool equipment can not be located within the front yard of a
lot or within an easement. Pool equipment can not be attached to a common
fence separating an adjoining property. Pool equipment can not be installed in
drainage swales and designated drainage flows.
(3) A completed permit application. Applications must include the name of the plumbing
and electrical contractors. Incomplete applications will not be processed.
(4) Permit EXDiration: All pool permits expire one-hundred eighty (180) days from the
date the permit is issued.
Sec. 22-591. Construction and Inspection Requirements
During all phases of construction, a temporary fence must be maintained around the construction
area. The temporary fence must be a minimum of thirty-six inches (36") in height. The following
establishes the minimum inspections required:
(1) Belly Steel and Pool Placement Inspection - before any concrete or gunite can be
placed, the belly steel and placement of the pool shall be inspected and approved.
Rebar shall be a minimum size of three-eighths inch (3/8") and located no more than
twelve inches (12") on center each way.
(2) Deck Steel, Electrical Bond, Electrical Underground and Plumbing - before any
concrete is placed for the pool deck, the placement of steel and the electrical bond
shall be inspected and approved. The concrete deck shall be a minimum thickness of
three and one-half inches (3W'). Rebar shall be a minimum size of three-eighths inch
(3/8") and located no more than eighteen inches (18") on center each way. The bond
conductor shall be a minimum size of #8 AWG. A minimum of four (4) ground
clamps that are evenly spaced around the pool shall be required to electrically bond
the pool fi:om stray ground current. All electrical conductors buried in the ground
shall be inspected and approved prior to covering. All pool plumbing shall be
subjected to a minimum water test offifteen (15) p.s.i.
Page 2
(3) P- Trap and Gas Line - before the backwash line, p-trap and 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.
EXCEPTION: 1) Above ground pools and spas that have a capacity of
seven-hundred fifty gallons (750) or less are not required to install a P-trap or
backwash line. 2) Lots that do not have access to City sewer and where
sanitary drainage is provided through a septic system, no p-trap or backwash
line is required; however, adequate drainage must be provided to allow for
drainage of the pool.
(4) Pre-Plaster Inspection - before any water is placed in the pool, the permanent fence
shall be installed, inspected and approved.
(5) Pool Final - before the pool is used, all pool components shall be inspected and
approved. No pool equipment shall be attached to a fence located on a property line. The
pool final inspection shall be approved no later than forty-five (45) days after approval of the
pre-plaster inspection."
SECTION 2: Penalty Provision. 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), unless the violation
relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which
the fine shall not exceed the sum of TWO TIIOUSAND AND NOIlOO DOLLARS ($2,000.00).
Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 3: Savin2s/Reoealin2 Oause. 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 for violation of the repealed ordinance, nor shall the repeal prevent a
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 4: Severabilitv. 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.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
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SECTION 5: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required the City Charter and by law.
'efJ7fI::lJPROVED b~~~~Tity Council oftbe City ofW~lle, Texas tbis /,~
OS~'/f-
Joel Scott, Mayor Pro Tem
day of
APPROVED AS TO FORM:
>"~~I:~C~\~~':".~}/i"
Richard Abernathy, City Attorney
DA TE(S) OF PUBliCA TJON
/YYl~ f:, (J ~CO\
/
Page 4
THE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the surrounding area
110 N. Ballard St.
P.O. Box 369
Wylie. Texas 75098
972.442.5515
Fax 972.442.4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn. deposed and says that the foregoing attached
18/L Legal - Ord. 2001-11
was published in said newspaper on the following dates, to-wit:
March 21
, 2001, and
,2001.
(f}f!-
Chad Engbrock
Subscribed and sworn to before me this the 31
to certify which witness my hand and seal of office.
day of March
, 200 I ,
KATHLEEN S. NOBLE
Notary Public
State Of Texas
My Comm. Exp. 0 3 004
Notary Public in and for
The State of Texas \ n
My Commission Expires ~b
Serving Wideawake Wylie Since 1947
ORDINANCE NO.
2001.11
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, ADOPTING A
NEW SWIMMING
POOL CODE, REPEAL-
ING ALL CONFLICT-
ING ORDINANCES;
CONTAINING A
PENALTY CLAUSE;
CONTAINING A SEV-
ERABILITY CLAUSE;
AND PROVIDING FOR
AN EFFECTIVE DATE.
John Mondy, Mayor
Attest: R!lrhnr!l S!llin!ls
