[1]
Editor’s note–See corresponding note located in Appendix A of this code.
For the purpose of this article, the following definitions shall apply:
Approved cover or approved drain cover.
A suction outlet drain cover that meets the following requirements:
(1) 
Is stamped showing that it has been certified by a nationally recognized testing laboratory as being in compliance with ASME/ANSI A112.19.8-2007;
(2) 
Is stamped showing the gallons per minute approved by the testing laboratory for the cover and the designation ASME/ANSI A112.19.8-2007;
(3) 
Does not have water flow through the cover that exceeds the maximum gallons per minute approved for the drain cover under ASME/ANSI A112.19.9-2007 testing; and
(4) 
Is installed according to manufacturer’s instructions. If the manufacturer specifies fasteners, they must be stainless steel or brass.
Approved grate.
A suction outlet grate that:
(1) 
Has a minimum diagonal measurement of 29 inches;
(2) 
Has a flow velocity through the open area that does not exceed 1.5 feet per second; and
(3) 
Is installed according to manufacturer’s instructions. If the manufacturer specifies fasteners, they must be stainless steel or brass.
Construction date.
The date that a building permit for construction of a pool or spa is issued by the City of Lubbock Building Inspections Department.
Cross connection.
A physical connection between two (2) otherwise separate piping systems, one of which contains potable water, and the other sewage or water of unknown quality, through which water may flow from one system to the other with the direction of flow depending upon the pressure differential between the two (2) systems.
Fill and draw pool.
A pool whose principal means of cleansing is the complete removal of the used water and the replacement thereof with clean water.
Health official.
The city health officer or a designated representative.
Major alteration.
Renovation or alterations to a pool or spa with an expected cost exceeding five thousand dollars ($5,000.00).
Operate.
To conduct, maintain, or otherwise furnish facilities and appurtenances for swimming, bathing, or wading at any public or semipublic pool or spa.
Residential pool or spa.
A pool or spa that is located on private property under control of the property owner and intended for use by not more than two (2) resident families and their guests.
Pool.
Any man-made permanently installed or nonportable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity, other than a residential pool, and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool. The term does not include a portable or aboveground pool. References within the standard to various types of pools are defined by the following categories:
(1) 
Class A pool.
Any pool used, with or without a fee, for accredited competitive aquatic events such as Federation Internationale de Natation Amateur (FINA), United States Swimming, United States Diving, National Collegiate Athletic Association (NCAA), National Federation of State High School Associations (NFSHSA), events. A class A pool may also be used for recreation.
(2) 
Class B pool.
Any pool used for public recreation and open to the general public with or without a fee.
(3) 
Class C pool.
Any pool operated for and in conjunction with: (A) lodging such as hotels, motels, apartments, condominiums, or mobile home parks; (B) property owner associations, private organizations, or clubs; or (C) a school, college or university while being operated for academic or continuing education classes. The use of such a pool would be open to occupants, members or students, etc., and their guests but not open to the general public.
(4) 
Class D pool.
A wading pool with a maximum water depth of 24 inches at any point.
Public interactive water feature and fountain (PIWF).
Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of wetting the persons playing in the spray streams. PIWFs:
(1) 
May be stand-alone PIWFs or may share a water supply, disinfection system, filtration system, circulation system, or other treatment system that allows water to co-mingle with a pool;
(2) 
May be publicly or privately owned;
(3) 
May be operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use;
(4) 
Include, but are not limited to, interactive water features or fountains that are open exclusively to members of an organization and their guests, residents of a multi-unit apartment building or apartment complex, residential real estate development, or other multifamily residential area, schools, day care facilities, youth camp, or hotel or other public accommodations facility;
(5) 
Do not include interactive water features or fountains located on private property under the control of the property owner or the owner’s tenant serving a single-family residence or duplex and that are intended for use by not more than two resident families and their guests; and
(6) 
Are not fountains, installations, amusement rides, or other attractions, whether decorative or interactive, in which only incidental water contact occurs.
Public pool.
Any swimming, spray, wading or spa pool or PIWF used for public recreation and open to the general public with or without a fee.
Semi-public pool.
Any swimming, spray, wading or spa pool or PIWF operated for and in conjunction with: (1) lodging such as hotels, motels, apartments, condominiums, or mobile home parks; (2) property owner associations, private organizations, or clubs; or (3) a school, college or university while being operated for academic or continuing education classes. The use of such a swimming, spray, wading or spa pool or PIWF would be open to occupants, members or students, etc., and their guests but not open to the general public.
Spa.
A constructed permanent or portable structure that is two (2) feet or more in depth and that has a surface area of two hundred fifty (250) square feet or less and a volume of three thousand two hundred fifty (3,250) gallons or less which is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa does not refer to a business establishment such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, hydrotherapy pool, whirlpool, hot spa, hot tub, etc. A spa does not include a residential spa.
Special aquatic activity device.
An interactive play device, such as a slide, spray stream, or similar item, utilizing water that is recirculated.
(1983 Code, sec. 12-46; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2001-O0085, sec. 1, adopted 11/8/2001; Ordinance 2006-O0037, sec. 1, adopted 4/13/2006; Ordinance 2011-O0018, secs. 2–7, adopted 2/24/2011)
The Texas Department of State Health Services Standards for Public Swimming Pool and Spa, prepared by the Texas Department of State Health Services and recommended to the city council by the city health board on August 12, 2005, are hereby approved and incorporated into this article by reference, and the construction and operation of public and semipublic swimming, spray, wading and spa pools within the city shall be governed by such rules. A copy of such rules shall be placed on file with the city secretary and a copy shall be maintained in the office of the city health official, which copies shall be made available for public inspection during the normal business hours of the offices in which they are maintained.
(1983 Code, sec. 12-47; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2001-O0085, sec. 2, adopted 11/8/2001; Ordinance 2006-O0037, sec. 2, adopted 4/13/2006; Ordinance 2011-O0018, sec. 8, adopted 2/24/2011)
The Texas Department of State Health Services Standards for Public Interactive Water Features and Fountains, prepared by the Texas Department of State Health Services, are hereby approved and incorporated into this article by reference, and the construction and operation of public interactive water features and fountains within the city shall be governed by such rules. A copy of such rules shall be placed on file with the city secretary and a copy shall be maintained in the office of the city health official, which copies shall be made available for inspection during the normal business hours of the offices in which they are maintained.
(Ordinance 2011-O0018, sec. 10, adopted 2/24/2011)
Before construction is started on any swimming, spray, wading or spa pool, or PIWF, or upon a major modification of such pool, the operator shall secure a permit from the building official and shall comply with all zoning, building, plumbing, electric and life safety codes applicable within the City of Lubbock.
(1983 Code, sec. 12-54; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 11, adopted 2/24/2011)
No public or semipublic swimming, spray, wading, spa pool or PIWF shall be maintained or operated within the city without a valid permit issued by the health official or in violation of the provisions and requirements of this article. Permits shall be displayed in a conspicuous place within the premises, protected from the weather and in a position readily observable by patrons. All such permits shall expire on April 30th of each year, and the permit fee shall be delinquent after that time, regardless of the dates of operation of such pool. An additional fee shall be charged for a delinquent permit fee. The fees for permits shall be as set by the finance director of the city in accordance with section 1.03.004 of this code. An operating permit shall not be transferable from person to person and shall apply only to the pool, spa, or PIWF for which it was issued.
(1983 Code, sec. 12-48; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2006-O0037, sec. 3, adopted 4/13/2006; Ordinance 2011-O0018, sec. 12, adopted 2/24/2011)
The health official shall make such inspections as are deemed necessary to determine that the installation and facilities of all swimming, spray, wading, spa pools, or PIWFs comply with the requirements of this article before issuing a permit for such pools. In addition, the health official may make such additional inspections as are necessary to ensure that such pools are being properly operated and maintained and are not a threat to public health.
(1983 Code, sec. 12-50; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 14, adopted 2/24/2011)
(a) 
No public or semipublic swimming, spray, wading, spa pool, or PIWF shall be constructed, nor shall any major alteration or addition to any such pool be made, until detailed plans and specifications for such construction or alteration have been submitted to be approved by the health official. Plans and specifications shall include layout, construction and dimensions, pool water treatment units, sewage disposal facilities, piping and pumps, design criteria, including maximum pool load, capacities of various units, safety equipment, bath houses, toilet facilities and any other pool appurtenances, such as recreational facilities.
(b) 
All pools, spas, and PIWFs must have properly stamped engineered plans from a registered professional engineer or registered architect showing that the pool or spa is designed and built in compliance with the City of Lubbock, Texas Standards for Pools and Spas and/or the Standards for Public Interactive Water Features and Fountains, and any other applicable federal, state, and/or local regulatory requirements. The department shall review plans for post 10/01/99 pools, spas, or PIWFs in order to ensure compliance regarding enforcement issues. Such review is required prior to issuance of a permit.
(1983 Code, sec. 12-51; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2006-O0037, sec. 4, adopted 4/13/2006; Ordinance 2011-O0018, sec. 15, adopted 2/24/2011)
The construction of fill and draw pools is prohibited within the City of Lubbock, and no permit will be issued for such pools.
(1983 Code, sec. 12-52; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 16, adopted 2/24/2011)
All pools, spas, or PIWFs, whether in use or not in use, must be maintained so that they do not create a public health hazard or a public nuisance.
(1983 Code, sec. 12-53; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 17, adopted 2/24/2011)
Any person, firm or corporation violating any provision of this article or any order, decision or requirement of the health official made pursuant to provisions of this article shall upon conviction thereof be fined in any sum not to exceed one thousand dollars ($1,000.00), and each day any such violation shall continue shall constitute a separate offense.
Editor’s note–Ordinance 2006-O0037, adopted 4/13/2006, amended sections 12-46, 12-47, 12-48 and 12-51 of the 1983 Code (renumbered as sections 12.02.001, 12.02.002, 12.02.005 and 12.02.007, respectively, of this article). Section 5 of Ordinance 2006-O0037 states: “THAT violation of any provision of this Ordinance shall be deemed a misdemeanor with a fine not to exceed Two thousand dollars ($2,000), punishable as provided by Sec. 1-4 [new section 1.01.004] of the Code of Ordinances of the City of Lubbock.”
(1983 Code, sec. 12-55; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 9, adopted 2/24/2011)
Should the health official determine that a hazard to public health exists at any swimming, spray, wading, spa pool, or PIWF he may immediately suspend the permit for such pool, and the operator shall immediately cease operations in compliance with such order. Thereafter, the operator may in writing request a hearing before the health official to show cause why such suspension should be removed. The health official shall conduct such hearing within five (5) days of the receipt of such written request. The health official shall within five (5) days of such hearing either grant or deny the request for removal of suspension. If the request is denied, the statement of denial shall be in writing and give the reasons for such denial. If the operator fails to request a hearing within thirty (30) days of the date of suspension, then the applicable permit may be revoked by the health official.
(1983 Code, sec. 12-49; Ordinance 9049, sec. 1, adopted 3/26/1987; Ordinance 2011-O0018, sec. 13, adopted 2/24/2011)
Revocations, suspensions and denials of a permit under this article may be appealed to the permit and license appeal board in accordance with applicable provisions of this code.
(Ordinance 2011-O0018, sec. 18, adopted 2/24/2011)