The purpose of this article is the establishment of minimum standards for the construction, operation and maintenance of public swimming pools and their related facilities in order to protect the health and safety of the public.
(Ordinance 1524, 3-26-02)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
Building official:
The officer or other designated authority charged with the administration and enforcement of this Code, or the building official’s duly authorized representative.
Deck:
The surface surrounding a swimming pool that is intended to be used for walking by those using the pool.
Extensive remodeling:
The replacement of or modification to a swimming pool’s structure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation. This term does not include the normal maintenance and repair or the replacement of equipment which has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment.
Health services:
City of Euless Health Department.
Pool area:
The water surface and deck of a swimming pool.
Private swimming pool:
A swimming pool located on the premises of a single-family or duplex residence, under the control of the owner or tenant, the use of which is limited to members of the household and invited guests.
Public swimming pool:
Any swimming pool other than a private swimming pool. The term shall include the deck and all related facilities such as dressing and locker rooms, toilets, showers, and other areas designed for use by the facility’s patrons.
Swimming pool:
Any structure, basin, chamber, or tank designed to contain an artificial body of water for swimming or diving, or therapeutic or recreational bathing. A swimming pool includes, without limitation but by way of illustration, the following types of facilities:
(1) 
Hydrotherapy pool or whirlpool: A swimming pool that is a special bathing facility designed for therapeutic use and which is not drained after each individual use. It may include, without limitation, units designed for hydrojet circulation.
(2) 
Spa: A swimming pool that is a special bathing facility designed for recreational use and which is not drained after each individual use.
(3) 
Spray pool: A swimming pool into which water is sprayed but is not allowed to pond at the bottom.
(4) 
Wading pool: A swimming pool with a maximum depth of not more than 30 inches.
(5) 
Water recreation attraction: A swimming pool facility with design and operational features which differ from a conventional swimming pool and shall include, without limitation, water slides, water amusement lagoons and rivers, and wave pools.
(Ordinance 1524, 3-26-02)
(a) 
Health services shall charge fees for public swimming pools in the following categories:
(1) 
Permits;
(2) 
Plans review; and
(3) 
Change of ownership, pre-operations inspections.
(b) 
The fees shall be set forth in a schedule adopted by the city council.
(c) 
The fee schedule shall be available to the public at health services office.
(Ordinance 1524, 3-26-02)
(a) 
A person required to have a permit under this article shall annually complete a permit application on a form prescribed by health services.
(b) 
Prior to the issuance of a permit, the applicant shall allow health services to inspect the public swimming pool and pool water for compliance with the requirements of this article.
(1) 
Health services will inspect any newly constructed pool, any extensively remodeled pool and any pool under new ownership prior to the issuance of a permit.
(2) 
Health services may inspect all other pools, at their discretion, prior to the issuance of a permit.
(3) 
Health services may require the applicant to provide satisfactory evidence that the public swimming pool meets the permit conditions of section 42-66.
(4) 
Health services may not issue a permit until the public swimming pool passes any required inspection and all applicable fees have been paid.
(5) 
A permit is valid only for the public swimming pool for which it is issued. A separate permit shall be required for each pool located on the same premises. However, a group of pools sharing a common filtration system may be operated under a single permit. A permit is not transferable to other persons or pools.
(6) 
A permit is valid for one year from the date of its issuance unless:
a. 
It is suspended or revoked by health services;
b. 
The pool changes ownership; or
c. 
The pool is remodeled extensively.
(Ordinance 1524, 3-26-02)
As a condition of obtaining and keeping a permit, a public swimming pool shall at all times be in compliance with the following permit conditions:
(1) 
The public swimming pool shall meet or exceed Texas Health and Safety Code, § 341.064, “Swimming Pools and Bathhouses”, as currently enacted or as it may hereafter be amended.
(2) 
The public swimming pool shall meet or exceed all applicable provisions of 25 T.A.C. § 337.71, et seq., “Design Standards for Public Swimming Pool Construction”, as currently enacted, or as may hereafter be amended.
(3) 
Fencing or other enclosures for the public swimming pool shall meet or exceed the requirements of Vernon’s Texas Code Annotated, Health and Safety Code, Chapter 757, “Pool Yard Enclosures”, as currently enacted or as it may hereafter be amended.
(4) 
All plumbing, electrical work, mechanical facilities, and structures for the public swimming pool shall meet or exceed all applicable requirements of chapter 14, “buildings and building regulations”; article I “building codes”, article III “electrical”, article IV “plumbing and gas fitting”, of the Code of Ordinances of the City of Euless, Texas (2001), as amended.
(5) 
Storage of pool chemicals shall meet or exceed all applicable requirements per manufactures recommendations on label.
(6) 
Pool water shall be maintained so as to prevent the breeding or harborage of insects.
(7) 
Pool water shall be of sufficient clarity to allow sight to the main drain at all times.
(8) 
Pool water shall not emit odors that are foul and offensive to a person of reasonable sensibilities.
(9) 
A permit holder or applicant shall give health services access at all reasonable times to inspect the public swimming pool and to take water samples to determine compliance with this article.
(10) 
A public swimming pool permit shall be prominently displayed on the pool premises and be available at all times for inspection by health services.
(11) 
A trained pool operator shall be readily available to monitor and maintain the public swimming pool during all hours of operations.
(12) 
Drainage and/or backwash from swimming pools shall be discharged to the sanitary sewer system only.
(Ordinance 1524, 3-26-02)
(a) 
Prior to beginning the construction of a new public swimming pool or the extensive remodeling of an existing public swimming pool, the owner shall submit plans and specifications for such construction or remodeling to the building department for review.
(1) 
All private above-ground and in-ground swimming pools with a capacity of 5,000 gallons and above, a permit is required at time of installation.
(2) 
All public pools regardless of shape, size, and gallons shall require a permit.
(3) 
All private and public swimming pools regardless of shape, size, and gallons shall comply with all building set backs.
(b) 
The plans and specifications shall indicate the proposed layout arrangement, mechanical plans, construction materials and the type and model number of proposed fixed equipment and facilities.
(c) 
The plans and specifications shall be submitted under the seal of a professional engineer with the statement that they meet the requirements of sections 42-65 (b), (c), (d), (e), (i) and (l).
(d) 
No work shall begin until the building department has reviewed the plans and advised the owner that work may begin, and the owner or the owner’s contractor has obtained all required permits for such work from the building official. Work shall commence and conclude within the time allowed by such permits. Deviations from approved plans shall not be permitted. If no work has begun within 180 days from the date the permit was issued for said work to begin, the building official may revoke such permit.
(Ordinance 1524, 3-26-02)
(a) 
The owner or person in control of a public swimming pool shall designate one or more trained pool operators for the pool. A trained pool operator shall be readily available during all hours of operation to monitor the public swimming pool and maintain it in a safe and sanitary manner.
(b) 
In order to be considered trained, a pool operator shall successfully complete a basic eight hour course in swimming pool maintenance and safety, a list shall be provided by health services.
(c) 
A person commits an offense if the person owns or is in control of a public swimming pool which does not have a trained pool operator readily available during all hours of pool operation.
(d) 
A person who owns or is in control of a public swimming pool shall maintain proof on the premises that the pool has a designated trained pool operator and shall present such proof to the health services when required.
(e) 
In a prosecution for a violation of subsection (d), failure to present proof of a designated trained pool operator to the health services shall constitute prima facie evidence that a trained pool operator is not readily available during all hours of operation.
(f) 
If a trained pool operator is not employed onsite at the public swimming pool, the owner or person in control of the pool shall post signs at all entrances to the pool stating the telephone number or pager number of the trained pool operator. The letters in such signs shall be of a minimum height of one inch, and shall be of a color contrasting to their background.
(1) 
At a minimum, such signs shall state:
“TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THE POOL, CALL DURING POOL HOURS.” “FOR FIRE, POLICE, OR AMBULANCE IN AN EMERGENCY, DIAL 911.”
(2) 
Such signs shall be of weather-resistant construction, and shall be posted where they are readily visible to a reasonably observant person.
(g) 
A person commits an offense if the person owns or is in control of a public swimming pool with no trained pool operator employed on-site and with criminal negligence fails to post or maintain signs required by subsection (f).
(h) 
A swimming pool permit application shall name the designated trained pool operator for the public swimming pool for which a permit is sought. If the designated trained pool operator changes during the term of the permit, the owner or person in control of the pool shall immediately report such change to the health services.
(i) 
A person commits an offense if the person owns or is in control of a public swimming pool and knowingly fails to report a change of trained pool operator as required by subsection (h).
(j) 
A person who is a designated trained pool operator of a public swimming pool commits an offense if the person fails to test the pH level and the chlorine or disinfectant level in the pool a minimum of twice per day.
(Ordinance 1524, 3-26-02)
(a) 
A designated trained pool operator shall maintain records of all pH level and chlorine or disinfectant level tests performed on a public swimming pool during the permit term.
(b) 
The records shall state the results of such tests, the time and date the tests were made, and the level of pool usage at the time.
(c) 
Such records shall be maintained on-site at the public swimming pool for no less than two years, and shall be made available immediately upon the request of health services.
(d) 
A person commits an offense if the person owns, is in control of, or is a trained pool operator of a public swimming pool and with criminal negligence fails to maintain records as required by this section.
(e) 
A person commits an offense if the person owns, is in control of, or is a trained pool operator of a public swimming pool and fails to make records required by this section available immediately upon the request of health services.
(Ordinance 1524, 3-26-02)
(a) 
A public or private swimming pool is hereby declared to be a nuisance if:
(1) 
Water at the public swimming pool is not maintained so as to prevent the breeding or harborage of insects; or
(2) 
Water at the public swimming pool emits an odor that is foul and offensive to a person of reasonable sensibilities.
(3) 
Clarity of the water is degraded to a point that the main drain is not visible in normal lighting conditions.
(b) 
Health services may give notice to the owner of the property on which a nuisance under this section is located to abate, remove or otherwise remedy such nuisance immediately.
(c) 
The notice must be given:
(1) 
Personally to the owner in writing;
(2) 
By letter addressed to the owner at the owner’s post office address and sent by certified mail, return receipt requested; or
(3) 
If personal service cannot be obtained or the owner’s post office address is unknown:
a. 
By publication in the official newspaper of the city at least twice within ten consecutive days;
b. 
By posting the notice on or near the front door of each building on the property 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 buildings.
(d) 
If the public swimming pool has a valid or suspended permit issued pursuant to this article and the permit holder is not the same person as the owner of the property, notice shall also be given to the permit holder.
(e) 
If the property owner does not comply with the notice within ten days of service, the building official may enter the property containing the nuisance and do any work necessary to abate the nuisance.
(f) 
If immediate abatement of the nuisance is deemed necessary by the building official to protect the public health, safety or welfare from an imminent hazard, the building official may, without complying with the notice provisions of this section, enter the property containing the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) 
All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. The city may assess the expenses or obtain a lien against the real estate on which the work was done.
(Ordinance 1524, 3-26-02)
(a) 
The building official may deny the issuance of a swimming pool permit:
(1) 
The applicant has been convicted of one or more violations of this article or Texas Health and Safety Code, § 341.064, within the 12 months preceding the date of the application;
(2) 
If any of the permit conditions of section 42-66 are not met;
(3) 
If a swimming pool permit held by the applicant for the same premises is under suspension at the time of the application or was revoked within the 12 months preceding the date of the application; or
(4) 
If the applicant makes a materially false statement on the application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this article.
(b) 
An applicant whose permit is denied will be notified by the building official within ten days of the date of the denial. The building official shall set out the grounds for the denial.
(c) 
An applicant whose permit is denied may request an appeals hearing within ten days after the notice of denial. Such request shall be in writing, shall specify the reasons why the permit should not be denied, and shall be filed with the city manager.
(Ordinance 1524, 3-26-02)
After notice and hearing, the building official may suspend for up to 180 days or may revoke a public swimming pool permit if:
(1) 
The permit holder or person in control of the public swimming pool is convicted of a violation of this article or Texas Health and Safety Code, § 341.064 during the term of the permit;
(2) 
The permit holder or person in control of the pool fails to comply with any of the permit conditions set forth in section 42-66;
(3) 
The permit holder or person in control of the pool fails to comply with an inspection report order;
(4) 
The permit holder or person in control of the pool disobeys a closure order issued by the building official pursuant to this article; or
(5) 
The permit holder made a materially false statement on the permit application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this article.
(Ordinance 1524, 3-26-02)
(a) 
The building official may enter the premises of public swimming pools at all reasonable times whenever it is necessary to make an inspection to enforce any of the provisions of this article, to collect water samples, or whenever health services has probable cause to believe that a violation of this article exists on such premises.
(b) 
Health services shall first present appropriate credentials and require entry if the premises are occupied. If the premises are unoccupied, the regulatory authority shall first make a reasonable attempt to locate the owner or person in control of the premises and require entry.
(c) 
If entry is denied or if a person in control cannot be located, health services, shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the provisions of Article 18.05 of the Texas Code of Criminal Procedure.
(Ordinance 1524, 3-26-02)
(a) 
After inspecting a public swimming pool pursuant to this article, health services may prepare a written inspection report. Such report shall specify the violations observed during the inspection and order the owner or person in control to bring the facility into compliance with this article by a specified time.
(b) 
Health services shall furnish a copy of the inspection report to the owner or person in control of the facility.
(c) 
The inspection report shall state: “FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN THE ISSUANCE OF CRIMINAL CITATIONS, THE CLOSURE OF THE POOL FACILITY, THE SUSPENSION OR REVOCATION OF YOUR SWIMMING POOL PERMIT, AND THE EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW.”
(d) 
A person commits an offense if the person owns or is in control of a public swimming pool and fails to comply with an order issued pursuant to this section.
(Ordinance 1524, 3-26-02)
(a) 
Health services may order a public swimming pool closed if it determines:
(1) 
That it is being operated without a valid public swimming pool permit;
(2) 
That it is being operated without a trained pool operator readily available during all hours of pool operation; or
(3) 
That the continued operation of the pool will constitute an imminent hazard to the health or safety of persons using the facility, or those in close proximity to the facility.
(b) 
After health services closes a public swimming pool, the owner or person in control of the pool shall immediately:
(1) 
Properly post and maintain signs at all entrances to the public swimming pool that state: “POOL CLOSED”; and
(2) 
Lock all doorways and gates that form a part of the public swimming pool enclosure.
(c) 
Signs required by subsection (b) shall be provided by health services. Signs shall be positioned so that they are readily visible to a reasonably observant person.
(d) 
If the owner or person in control of the public swimming pool is absent, or fails or refuses to comply with subsection (b) and (c), health services may post signs and secure the premises in accordance with this section.
(e) 
A person commits an offense if the person owns or is in control of a public swimming pool subject to a closure order and fails to comply with subsections (b) or (c) of this section.
(f) 
A person other than health services commits an offense if the person removes, defaces, alters, covers or renders unreadable a closure sign.
(g) 
A person commits an offense if the person uses for swimming, diving or bathing a public swimming pool that has been closed by health services and which is properly posted as required by this section.
(h) 
A person commits an offense if the person owns or is in control of a public swimming pool subject to a closure order and knowingly allows persons to use the pool for swimming, diving, or bathing.
(i) 
A public swimming pool closed by health services shall not resume operation until a re-inspection by health services determines that the facility has been brought into compliance with this article and other applicable laws and regulations.
(j) 
A permit holder may appeal a closure order to health services within three days after the issuance of the order. The appeal shall be in writing, shall set forth the reasons why the closure order should be rescinded, and shall be filed with the city manager’s office. The filing of an appeal does not stay the closure order.
(Ordinance 1524, 3-26-02)
(a) 
The hearings provided for in this chapter shall be conducted by the city manager who will designate the time and place for the hearing. Based upon the recorded evidence of such hearings: The city manager shall make a finding and shall sustain, modify or rescind any notice or order considered in the hearing.
(b) 
Decisions shall be made based on a preponderance of the evidence, with the city having the burden of proof.
(c) 
This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ordinance 1524, 3-26-02)
A violation of any of the terms or requirements of this article shall be treated as a violation of an ordinance governing fire safety, zoning or public health and sanitation, subject to enhanced penalties under chapter 1, general provisions, section 1-12 of this Code.
(Ordinance 1524, 3-26-02)