19781205 1978-26ORDINANCE NO.
1978-26
AN ORDINANCE AMENDING ARTICLE I OF
CHAPTER 22 AND ADDING AN ARTICLE VII TO
CHAPTER 22 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, PROVIDING FOR
THE REGULATION OF PUBLIC SPAS AND
PUBLIC WOOD HOT TUBS.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Article I of Chapter 22 of the Code of the City of
Fairfax, Virginia, be and it hereby is amended in the following
manner:
i. That section 22-1 of the said Article be and it hereby
is amended to include the following:
"Spas and Wood Hot Tubs. Artificial permanent basins,
chambers or tanks, including all appurtenant equipment, structure
and facilities, constructed for the purpose of impounding water,
which generally contain water jet and/or aeration systems, are
operated at high temperatures and are intended for the immersion
or partial immersion therein of human beings. The difference be-
tween a spa and a wood hot tub is that the latter is a wood vessel
while, the former may be constructed of materials other than wood.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 22 of the Code of the City of
Fairfax, Virginia, be and it hereby is further amended by adding
an Article VII in the following manner:
1. That Article VII of Chapter 22 be and it hereby shall
read in its entirety as follows:
"ARTICLE VII Public Spas and Public Wood Hot Tubs.
Sec. 22-26. Applicability of plumbing, building, electrical
and zoning regulations to public spas and public wood hot tubs.
In addition to the requirements of this Chapter, the require-
ments of Chapters 5, 6, 16 and Appendix B of this Code shall apply
in the construction, maintenance and operation of all public spas
and public wood hot tubs.
1978-26 -2-
Se~. 22-27. Inspection and approval by Health officer.
No public spa or public wood hot tub shall be operated with-
out prior approval by the Health officer. Such approval will only
be given upon inspection by the Health officer, and determination
that the provisions of this chapter have been met and that no
condition exists that could endanger the life, health or safety
of the users of such spa or wood hot tub.
After approval by the Health officer, all public spas or
public wood hot tubs shall be subject to periodic inspection to
insure that all provisions of this chapter continue to be met and
that no condition exists that could endanger the life, health or
safety of the users.
Sec. 22-28. Authority of Health officer.
The Health officer, upon determining that the provisions
of this chapter are not being met or that any condition exists
that endangers the life, health or safety of the users of any
public spa or public wood hot tub, after notification to the
owner or operator, may order that the use of the spa or wood hot
tub be suspended until such condition is corrected. If the owner
or operator fails to correct the condition after notification,
the Health officer may withdraw his approval and order such use
terminated.
The Health officer shall have the right of entry to public
spas and public wood hot tubs during reasonable hours and at all
times when such spas or wood hot tubs are open for use to insure
compliance with the provisions of this chapter. It shall be
unlawful for any occupant or owner of property or premises where
any public spa or public wood hot tub is located to refuse
to allow entry for inspection, and to interfere with, or to pre-
vent the discharge of duties of the Health officer."
This amendment shall become effective December 5, ]978
Introduced: November 2], 1978
Adopted: December 5, ~978
ATTEST:
Mayor