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.
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:
(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 person commits an offense if the person owns, operates, or
manages a public swimming pool without a valid permit issued by health
services.
(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)