The current minimum standards of the department of state health services, Standards for Public Pools and Spas (T.A.C. title 25, Health Services, part 1, chapter 265, General Sanitation, subchapter L), as adopted by the board of health and thereby amended hereafter, is referenced and adopted as part of this article.
(1999 Code, sec. 6.401; Ordinance adopting Code)
When used in this article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows. All definitions included in the regulations adopted in section 7.04.001 are adopted by reference.
Council.
The town council.
Health department.
The environmental services department of the town.
Regulatory authority.
The environmental services department of the town.
Reinspection.
Inspection to determine compliance prior to closure or suspension of a permit due to imminent health hazard or gross noncompliance with applicable health regulations.
Rules and regulations.
The department of state health services Standards for Public Pools and Spas. Such rules and regulations are adopted and shall be in full force and effect within the town limits.
Town environmental health officer.
The environmental health officer of the town or his/her designee.
(1999 Code, sec. 6.402; Ordinance adopting Code)
Any person, firm, association of persons, company, corporation, or their agents, servants or employees violating or failing to comply with any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each day any violation or noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction, as provided in V.T.C.A., Local Government Code, sections 54.012 through 54.019, and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
(1999 Code, sec. 6.405)
(a) 
Permit required.
It shall be unlawful for any person or firm to operate a public swimming pool or spa, as defined in section 7.04.002, within the corporate limits of the town, without a current and valid permit issued by the health department.
(b) 
Separate permit required for each facility.
A separate permit shall be required for every public swimming pool and spa with separate and distinct facilities and operations, whether situated in the same building or at a separate location.
(c) 
Authority to issue permits.
The town environmental health officer or his/her authorized representative is hereby authorized to issue a permit to any person or firm making application for a public swimming pool or spa in the town, provided that the person or firm complies with the requirements of this article [and] shall be entitled to receive and retain such permit.
(d) 
Transfer of permit; duration.
Permits issued under the provisions of this section are not transferable. A permit shall be valid for the period of time shown on the face of the permit unless earlier suspended or revoked by the town.
(e) 
Operation without permit.
It shall be unlawful for any person or firm to operate a public swimming pool or spa without a permit.
(f) 
Application for permit; plans and specifications.
(1) 
Application for such a permit as required in this section shall be made in writing to the town environmental health officer or his/her authorized representative upon forms prescribed and furnished by the town.
(2) 
Plans and specifications review are required as follows:
(A) 
Prior to construction, a complete set of plans and specifications for review under the building code and administratively coordinated and made available to the environmental health officer or his/her authorized representative. No permit will be issued prior to approval of the submitted plans and specifications by the specified town officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas and type and make of proposed fixed equipment and facilities. Construction according to the specifications which have theretofore been submitted and approved by the town environmental health officer or his/her authorized representative must be commenced within six (6) months of said approval date and completed with twelve (12) months of commencement or the plans must be resubmitted for plan review and be subject to current town requirements.
(B) 
Projects which at the time of approval are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) months may apply to the town environmental health officer for a waiver of this review at the time of original submission, but not thereafter.
(C) 
Whenever plans and specifications are required to be submitted to the town, the town shall inspect the public swimming pool or spa prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article.
(g) 
Issuance of permit; transfer; duration; fee.
(1) 
The town environmental health officer or his/her authorized representative shall issue a permit if he/she determines that:
(A) 
The technical review of plans and specifications is in compliance with applicable laws and this article;
(B) 
The fee in subsection (6) and all other applicable fees have been paid; and
(C) 
By means of physical inspection, the public swimming pool/spa is determined to be in compliance with this article.
(2) 
Every permit issued under the provisions of this section shall be nontransferable. A public swimming pool or spa shall permit the operation of the establishment only at the location for which granted.
(3) 
Any permit granted under the provisions of this section shall remain in full force and effect for the term allowed according to permit category and type as defined in this section unless sooner suspended and/or revoked for cause, and shall be displayed in a conspicuous place for inspection by the town environmental health officer or his/her authorized representative.
(4) 
Any public swimming pool or spa owner that fails to renew a permit issued under the provisions of this section by the expiration of said permit and continues to operate without a valid permit shall be assessed a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and/penalties shall be paid along with the required permit fees before a valid permit will be reissued.
(5) 
Permit types for each former [sic] category are authorized as provided herein:
(A) 
Annual permit: 12 months term length.
(B) 
Seasonal permit: 4 consecutive months, not to exceed one hundred and twenty (120) days in length.
(6) 
Before a permit is issued, an applicant shall pay a fee as provided for in the fee schedule found in appendix A of this code. The fees shall be due and payable on October 15th of each calendar year.
(1999 Code, sec. 6.403)
(a) 
Inspections required; authority; reports; right of entry.
(1) 
The town environmental health officer or his/her authorized representative is authorized to enter upon any public property and to enter any establishment subject to the provisions of this article for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager, or supervisor thereof and all persons employed therein.
(2) 
Before a permit is issued, the town environmental health officer or his/her authorized representative shall inspect and approve the public swimming pool or spa areas to be used. An inspection of the areas will be performed at least once every six (6) months. Additional inspections of the areas shall be performed as often as necessary.
(3) 
Whenever an inspection of a public swimming pool or spa is made, the findings shall be recorded on an inspection report. The inspection report shall summarize the requirements of this article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by the section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection form shall be furnished to the person in charge of the establishment at the time of the conclusion of the inspection. The completed report form is a public document that shall be available for public disclosure to any person who requests it according to law.
(4) 
Refusal of an owner, manager or employee to allow the town environmental health officer or his authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in subsection (b)(5)(A) of this section. Nothing herein or therein shall require notice of suspension for this violation.
(5) 
In the event that the town environmental health officer or his/her authorized representative should have cause to believe that a business required to be permitted under this article is operating without a permit (or has failed to renew a permit) and refuses entry during normal business hours, then the town environmental health officer or his/her authorized representative may apply to the municipal court for an inspection warrant of the suspect premises upon filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the town environmental health officer or his/her authorized representative may be assigned in service thereof by or such law enforcement agencies as are deemed necessary to obtain entry.
(6) 
The town environmental health officer or his/her authorized representative may also be accompanied during any inspection by the building inspector.
(b) 
Correction of violations; reinspection; suspension or revocation of permit.
(1) 
Enforcement procedures.
The town environmental health officer or his/her authorized representative may establish enforcement procedures to insure compliance with this article and which are consistent with the regulations adopted herein, including, but not limited to, written warning, compliance time limits, permit suspensions and permit revocation.
(2) 
Correction of violations.
The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(A) 
If an imminent health hazard exists then all [operations shall] cease immediately. Operations shall not be resumed until authorized in writing by the regulatory authority following reinspection.
(B) 
All violations of four- or five-point weighted items shall be corrected within a time specified by the regulatory authority, but in any event not to exceed ten (10) days following the inspection. Within fifteen (15) days after the inspection, the holder of the permit, license or certification shall submit a written report to the regulatory authority stating that the four- or five-point weighted violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(C) 
All one- or two-point weighted items shall be corrected within a time specified by the regulatory authority, but in any event by the time of the next routine inspection.
(D) 
When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One (1) or more reinspections will be conducted at reasonable time intervals to assure correction. Such reinspection shall be subject to the fee schedule authorized by this article.
(3) 
Reinspection.
(A) 
To determine corrected imminent health hazards as defined in the regular semi-annual inspection.
(B) 
To determine compliance with plan review after initial inspection and prior to issuance of a permit.
(4) 
Compliance with time limits.
The inspection report shall state that failure to comply with any time limits for correction may result in cessation of swimming pool and spa operations. An opportunity for a formal administrative hearing is provided for in subsection (b)(5).
(5) 
Suspension of permit.
(A) 
The town environmental health officer or his/her authorized representative may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of this article or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in subsection (b)(4). When a permit is suspended, the holder of the permit or the person in charge shall be notified, in writing, that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the town by the holder of the permit within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the town is in receipt of the written request for said hearing.
(B) 
If the permit holder or the person in charge does not file a written request for a hearing with the town within ten (10) days of the notice of suspension, then the suspension is sustained. The town may end the suspension at any time if the reason for suspension no longer exists.
(6) 
Revocation of permit.
(A) 
The town environmental health officer or his/her authorized representative may, after providing opportunity for a hearing as specified in subsection (b)(5), revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the town’s enforcing authority in the course of his duties. The town shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice [and] unless a written request for a hearing is filed with the town by the holder of the permit within such ten (10) day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.
(B) 
Service of notice.
A notice provided for in this section is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the town.
(C) 
Hearings.
The hearing provided for in this section shall be conducted by the municipal judge of the town at a designated time and place. Based upon the record evidence of such hearing, the municipal judge shall make a final finding, and shall sustain, modify or rescind the permit. A notice of the hearing decisions shall be furnished to the holder of the permit by the town environmental health officer.
(1999 Code, sec. 6.404)