(a) 
Every outdoor swimming pool shall be completely surrounded by a barrier or enclosure in accordance with state law and article 3.15 of this Code of Ordinances.
(b) 
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(c) 
The health department may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate, and latch described herein and as stated at article 3.15 of this Code of Ordinances and state law.
(d) 
If such barrier or enclosure is a hazard to the public health, safety, and welfare, then the health department may require such repairs or remedy the hazard. The health department, upon remedying such hazard, may place a lien against the property on which the barrier or fence is situated, unless it is a homestead as protected by the Texas Constitution.
(e) 
A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine as specified in this Code of Ordinances at section 1.01.009.
(Ordinance 17-3658, sec. II, adopted 7/25/17)
This division shall be known and may be cited as the swimming pool ordinance of the city.
(2000 Code, sec. 18-61)
For the purposes of this division, the following terms, phrases, words, and their derivations shall have the meanings given herein:
Health department.
The Plainview-Hale County Health Department.
Person.
Any person, firm, organization, partnership, association, corporation, or company of any kind.
Swimming pool.
A body of water (whether it be a swimming, spray, wading or spa pool) in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public or semipublic swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person as herein defined, whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool intended to be used solely by the owner, operator or lessee thereof and his/her family and by friends invited to use it without payment of any fee, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
(2000 Code, sec. 18-62)
In addition to such other requirements as may be reasonably imposed by the health department, the health department shall not issue a permit to operate a swimming pool unless said pool is maintained in conformity with the following requirements:
(1) 
Material.
The material used for lining artificial swimming pools shall be one which is light in color, is impervious, and will provide a tight tank with smooth and easily cleaned surfaces. Sand or dirt bottoms therefor are prohibited.
(2) 
Walls, markings and slope.
Conspicuous markings shall be provided on vertical walls showing the location and depth of the shallow and deep portions, and the location and depth of the points where the slope of the bottom of the pool changes. Special markings shall be necessary for large and odd-shaped pools as prescribed by the health department.
(3) 
Overflow gutters.
Overflow gutters shall be provided extending completely around the pool, having adequate drainage of overflow water away from the pool.
(4) 
Inlets and outlets.
All pools shall be provided with outlets, at the pool’s deepest point, of sufficient size to permit the pool to be completely drained or emptied. The outlet openings in the floor of the pool shall be designed and located to reduce suction currents and shall be covered with a proper grating. Inlets for fresh or repurified water shall be submerged and located so as to produce as nearly as possible a uniform circulation of water through the entire pool.
(5) 
Separate space for bathers and spectators.
The design of the locker room, shower rooms and pool shall be such as to provide proper routing of bathers. Enclosures sufficiently high and strong to keep spectators outside the runways of the pool shall be provided. The pool shall be completely surrounded by a walkway at least 4 feet in width.
(6) 
Heating.
All indoor pools which are to be used when the outside temperature is below 60° Fahrenheit shall be provided with facilities for uniform and adequate heating of the pool room, dressing rooms, and water in the pool.
(7) 
Water in pool.
The water in the swimming pool shall not exceed the safe limits for bacterial content per state standards.
(8) 
Recirculation.
A satisfactory recirculating system for the swimming pool shall be installed consisting of circulating pumps, chemical dosing equipment (alum and alkali) or surge tank, float valve control on water supply, hair and lint catcher, disinfector, indicator, recording and totalizing instrument, flow meters, pressure gauges, and piping connections to inlets and outlets, and all other necessary fixtures.
(9) 
Shower baths.
Adequate shower facilities with hot and cold water and adequate in number for both males and females shall be provided. Signs shall be posted requiring all swimmers to shower prior to entering the pool.
(10) 
Cross-connections.
There shall be no direct physical connection between the sanitary sewer system and any drain from the swimming pool or recirculation system. Any swimming pool or gutter drain or overflow from the recirculation system, when discharged to the sanitary system, shall connect through a suitable air gap so as to preclude the possibility of backup of sewage or waste into the swimming pool piping system.
(11) 
Meters, gauges, etc.
When necessary in the opinion of the health department, indicating, recording, or totalizing instruments, flow meters or indicators and pressure gauges shall be installed at such points as may be designated by the health department.
(12) 
Hair and lint interceptors.
Hair and lint interceptors shall be installed so that all water drawn from the pool for recirculation shall pass through the hair and lint interceptors before reaching the filter.
(13) 
Lavatory and drinking water supply.
The lavatory and drinking water supply shall be adequate in quality and quantity.
(14) 
Walks.
Walks providing ingress and egress to the swimming pool must be of ample size and satisfactorily drained.
(15) 
Lighting.
Satisfactory lighting must be provided for all accessory and appurtenant facilities.
(16) 
Hoses.
Hose connections and hoses must be of ample size and pressure to clean all of the pool area and be protected from backflow.
(17) 
Steps and ladders.
Steps and ladders must be made of an impervious material, easily cleaned, and must be so designed as not to collect water when the water is lowered in the swimming pool.
(18) 
Pollution.
Swimming pools must not be exposed to excessive pollution by dust, smoke, soot, or other undesirable substances.
(19) 
Disinfecting equipment.
Disinfecting equipment adequate for the purpose must be provided as an integral part of the swimming pool.
(20) 
Accessibility of equipment.
All equipment must be readily accessible and every pool shall be provided with necessary equipment for the measurement of acidity or alkalinity and for residual determinations. The equipment room shall be satisfactorily located and adequately drained.
(21) 
Dressing rooms.
Dressing rooms shall be adequately designed, located, drained, equipped, lighted and ventilated.
(22) 
Toilets.
Toilet facilities shall be provided and shall be adequately designed and located, with separate facilities for men and women.
(2000 Code, sec. 18-63; Ordinance adopting Code)
All reasonable precautions shall be taken to protect the users of and bathers in swimming pools from injury or accident. Convenient means of ingress and egress shall be provided and the depth of water and any irregularities of the bottom shall be clearly indicated. Safety appliances such as lifebuoys, shepherd hooks, reaching poles and ropes and equipment, including first-aid kits and telephones, shall be provided and readily accessible during hours of operation. A sufficient number of attendants shall be on duty when the swimming pool is in use, who shall be capable swimmers, competent in life-saving methods and artificial resuscitation. If such personnel are not provided, a sign informing the public that such personnel are not available shall be clearly posted.
(2000 Code, sec. 18-65)
No person shall operate or maintain a public or semipublic swimming pool until a license therefor shall have been issued by the health department, which license shall not be valid for longer than one year from the date of issuance. A new license must be secured on or before May 1 each year, which will permit operation or maintenance until the following April 30. All licenses shall be in writing and shall state the conditions thereof and the term for which the license is granted. It shall be unlawful for any person to conduct, operate, maintain or manage any swimming pool without complying with the requirements of this division, and the health department is charged with the enforcement of the provisions hereof. The health department is hereby authorized to promulgate rules and regulations for the construction, operation and maintenance of swimming pools and family pools for the protection and promotion of the public health, safety, morals and public welfare.
(2000 Code, sec. 18-66)
Any license granted by the health department hereunder may be revoked by it whenever, in the determination of the health department, further operation under such license creates a menace to the health and safety of the users of a public or semipublic swimming pool; provided that the holder of any license which has been revoked may appeal to the city council the health department’s revocation of the license and may have the city council determine the legality or reasonableness of the revocation of the license. No appeal under this section, however, shall entitle the license holder to continue operation of the swimming pool pending action by the city council.
(2000 Code, sec. 18-67)
No person having or known to have any skin eruption or abrasion, sore or infected eyes, a cold, nasal or ear discharge, or any communicable disease shall be permitted to use a public or semipublic swimming pool. Spitting, spouting water, blowing of the nose or urinating in the swimming pool shall be strictly prohibited. The operator of a swimming pool shall post suitable placards embodying such personal regulations and instructions.
(2000 Code, sec. 18-68)
The buildings, grounds, dressing rooms, and all other public or semipublic swimming pool facilities shall be kept clean and in a sanitary condition and maintained free from garbage, trash and other refuse.
(2000 Code, sec. 18-69)
Visible dirt on the bottom of public or semipublic swimming pools and visible scum or floating matter on the surface of pools shall be removed at least once daily with an approved type vacuum cleaner or as often as necessary to maintain good sanitary conditions. All swimming pools shall be thoroughly cleansed at least once each week in a manner and by the use of such disinfecting agents or cleansing materials as may be required by the health department.
(2000 Code, sec. 18-70)
The health department shall inspect or cause to be inspected all public or semipublic swimming pools within the city at such times as it may deem necessary to carry out the intent of this division. The health department is hereby authorized to enter upon any public premises, to take such samples of water from such pools at such times as it may deem necessary, and to require the owner, proprietor or operator to comply with the provisions of this division. In the event of the failure of compliance after due notice by the health department, it shall have the power to abate or cause a suspension of the use of such swimming pool until such time as the same is, in the opinion of the health department, no longer a menace or hazard to the public health and safety.
(2000 Code, sec. 18-71)
A minimum free residual chlorine and/or disinfectant of two (2) parts per million for water in a public spa and a minimum free residual chlorine and/or disinfectant of one (1) part per million for water in other public swimming pools must be maintained in a public swimming pool in use. A sufficient number of daily tests for available chlorine and/or disinfectant shall be made by the pool operator and a record kept of these tests to insure proper operation.
(2000 Code, sec. 18-72)
The water at public or semipublic swimming pools shall not show an acid reaction at any time when the swimming pool is in use. Whenever alum or sulphate of aluminum is used, frequent tests shall be made to insure that the water does not show an acid reaction. At all times when the pool is in use, the water shall be sufficiently clear to permit the entire bottom of the pool to be clearly visible from the walkways.
(2000 Code, sec. 18-73)
Such records of operation shall be kept as may be required by the health department, and reports shall be submitted to this department as required.
(2000 Code, sec. 18-74)
Lights to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
(2000 Code, sec. 18-76)
It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a swimming pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool premises shall be unlawful.
(2000 Code, sec. 18-77)
The carrying on of any commercial undertakings at a swimming pool entailing the sale of food, drinks, novelties or other merchandise in a manner unreasonably disturbing to neighboring property owners and inhabitants in the enjoyment of their property shall be prohibited. Swimming pool signs and placards shall be of such type and so affixed as not to prejudice or unreasonably disturb the enjoyment of neighboring property owners of their property.
(2000 Code, sec. 18-78)
In the operation and maintenance of any swimming pool, state laws, this division and the requirements of the department of state health services shall be observed. In the event of any conflict between the provisions of this division and the requirements of the department of state health services, the provision imposing the higher standard or the more stringent requirement shall be controlling.
(2000 Code, sec. 18-79)
Every person using an outdoor public or semipublic swimming pool, or an indoor public or semipublic swimming pool where the sexes are mixed, must wear a bathing suit or other suitable garment to protect his person from indecent exposure.
(2000 Code, sec. 18-80)
See master fee schedule.
(2000 Code, sec. 18-81; Ordinance 23-3746 adopted 5/23/2023)
No body of water, whether it be a natural or artificial body of water, in the city which contains sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing purposes by any person or persons.
(2000 Code, sec. 18-82)