The city designates the Tarrant County Health Department Director as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. The medical director of Tarrant County Public Health shall be designated as the health authority for the purpose of this article. Any facility defined by 25 TAC chapter 265, subchapter L or section 341.064 of the Texas Health and Safety Code and within the jurisdiction of the city must comply with the rules adopted under section 6.06.002. Applicant to notify the Tarrant County Public Health Manager for Environmental Health when code/ordinance are modified and when updates are completed.
(2001 Code, sec. 3.1601; Ordinance 2023-20 adopted 12/5/2023)
The rules adopted and contained in Texas Health and Safety Code, title 5, subtitle A, chapter(s) 341.064, 341.0645 and 341.0695; Texas Health and Safety Code, title 1, chapter 1, section 1.005, and Texas Health and Safety Code, title 9, subtitle A, chapter 757. In addition, adopted the current rules as amended by the Executive Commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, title 25, chapter 265, subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, title 25, chapter 265, subchapter M), and Pool Yard Enclosures (Texas Health and Safety Code chapter 757) are incorporated herein.
(2001 Code, sec. 3.1602; Ordinance 2023-20 adopted 12/5/2023)
(a)
Fees.
A fee for the annual inspection and annual permit for each public swimming pool and each public spa is hereby established as provided for in the fee schedule in appendix A of this code. In lieu of the annual inspection and permit fee, the city may contract with a third party to inspect public pools. Where a third party is responsible for the inspection of public pools, an administrative fee, as provided for in the fee schedule in appendix A of this code, shall be charged each permit, and the permit applicant shall also be responsible for payment of the inspection fee charged by the third party. The owner or operator shall maintain the permit provided on file in a secure area on the premises of the permitted facility. All health permit fees are enforceable within thirty (30) days of approval of the Tarrant County Commissioner's court. The Tarrant County Public Health Authority shall collect health permit fees.
(b)
Issuance of permit.
The city shall issue a permit after payment of the required fees and an inspection that finds that the pool or spa is in compliance with the rules described in section 6.06.002. All public and semi-public swimming pools/spas within the corporate limits of the city shall maintain a valid health permit.
(c)
New permit required upon sale or transfer of property.
Permits may not be transferred to a new owner or operator. Upon
sale, lease, assignment, or other transfer of the property, the new
occupant must obtain a new permit. However, if the city or its contractor
has inspected the pool and/or spa on the property within three (3)
months of the sale, lease, assignment or other transfer of the property,
then a new inspection shall not be required, and the applicant shall
be required to pay only an administrative fee for each permit required,
which permit will be valid for one year from the date of the prior
inspection.
(d)
Application for permit.
The owner or operator
shall request an inspection by permit application providing the names
of the owner of the pool or spa, the operator of the pool or spa (if
different from the owner) and the addresses for the owner, the operator
and the pool or spa. The fees described in this section shall be tendered
with the application to the building official or the building official's
designee.
(2001 Code, sec. 3.1603; Ordinance 2023-20 adopted 12/5/2023)
Prior to construction, any person proposing to construct the
public swimming pool or spa must file with the building official or
the building official's designee the following:
(1)
A statement informing the city and county that the construction
is proposed and providing the date on or after which the construction
is proposed to begin;
(2)
The correct phone number and addresses of the person or entity
primarily responsible for the construction, and the person or entity
primarily responsible for operation or ownership of the pool or spa;
(3)
A set of plans indicating that the proposed construction will
be in compliance with these rules and in sufficient detail to verify
compliance;
(5)
As required by law, require facilities to have certified pool/spa
operators.
(2001 Code, sec. 3.1604; Ordinance
adopting Code; Ordinance
2023-20 adopted 12/5/2023)
If a pool or spa closes voluntarily at the request of the building official or his/her designee or by court order or by a combination of both on more than two occasions in one calendar year, then, prior to reopening the pool or spa, the owner or operator shall provide the application and fee required by section 6.06.003.
(2001 Code, sec. 3.1605)
Persons aggrieved by an action or decision of the building official
or his/her designee may appeal such action to the building board of
appeals, whose decision shall be final.
(2001 Code, sec. 3.1606)
All applicable penalty provisions related to swimming pools
and spas, including, but not limited to, those found in chapter 341
of the Texas Health and Safety Code and subchapter L of chapter 265
of title 25 of the Texas Administrative Code.
(2001 Code, sec. 3.1607)
All reference to administrative rules and applicable statutes
are to the rules or statutes in effect on the date of the adoption
of this article.
(2001 Code, sec. 3.1608)
