The standards for public swimming pools and spas adopted by
the Texas Board of Health at Title 25 Texas Administrative Code sections
265.181–265.208, as amended herein, are hereby adopted as the
city swimming pool and spa operation and maintenance regulations.
A copy of these standards shall be maintained in the office of the
city secretary.
(1) 25
Texas Administrative Code section 265.204(c), “once per day.
If necessary” is amended to read “once per day. When a
class C or D pool or spa located at a class C facility is open for
use, it is required that tests for disinfectant level and pH be made
at least one time per day to ensure compliance with subsection (a)
of this section relating to water quality parameters. If necessary”
(Ordinance 2011-10 adopted 2/14/11)
(a) General.
Any reference to the local regulatory authority or department in the standards adopted in section
6.07.001 shall mean the city by and through its authorized representative to enforce the provisions of this article. For purposes of this article, the “authorized representative” shall be the development services director, or his authorized designee.
(b) Permit required.
(1) Any person desiring to operate a swimming pool or spa, other than
a single-family or double-family (duplex) residential pool, in the
city shall make written application for an annual permit on a form
provided by the department. A nonrefundable annual permit fee as determined
from time to time by city council shall accompany the application;
and no permit hereunder shall be issued until the applicant has paid
such a fee. A new application and permit is required for any pool
or spa that is extensively remodeled or in the event of a change of
ownership.
(2) No person shall operate a pool or spa, other than a single- or double-family
(duplex) residential pool, in the city without first having obtained
a valid annual swimming pool/spa permit issued by the city.
(3) A separate permit is required for each pool or spa operated on the
same premises which is not contained within the same enclosure.
(4) Permits shall be displayed in view and shall be available for inspection
by the department.
(5) Permits are nontransferable. A permit is limited to the location
and to the applicant for which issued.
(6) A permit shall expire one year from the date of issuance unless earlier
revoked or suspended.
(7) Any pool or spa operated by a governmental agency or political subdivision
shall be exempt from the permit fee.
(8) No person shall construct or remodel a public swimming pool or spa
without having first obtained a building permit. Prior to issuance
of a building permit for the construction of a new public swimming
pool or spa, properly prepared plans and specifications for such construction
or remodeling shall be submitted to the city building inspection department
for review and approval.
(c) Suspension of pool permit.
(1) The department may suspend a permit to operate a pool or spa for
any violation of this article.
(2) Permit suspension shall continue until the cause of suspension has
been corrected. The operator shall post signs at the pool or spa entrances
stating that the pool or spa is closed by authority of the department.
Said signs shall remain posted until removed by the department.
(3) If a permit is suspended for a pool or spa that is in an enclosure
with additional pools or spas, all pools and spas inside the enclosure
must cease operations. If the operator ensures that access to the
closed pool or spa has been denied, the department may allow the additional
pools or spas to remain open.
(4) The department may require that applicants for a swimming pool/spa
permit provide proof of knowledge of these regulations by taking and
satisfactorily passing a written examination or by attendance at a
training course on swimming pool maintenance and operation which is
approved by the department.
(5) Upon denial or suspension of a permit, the department shall notify
the applicant or permit holder of the decision and reasons therefor
and the right to appeal.
(6) An applicant or permit holder may appeal the decision of the department
to the development services director or his designee by filing with
the development services director, a written request for a hearing
within ten days after the receipt of notice of denial or suspension.
If a request for a hearing is not filed within ten days, the action
of the department is final.
(d) Closure of new and existing pools or spas.
On a new
or existing pool or spa, if there is a fecal or vomitus accident,
the pool or spa shall be closed immediately and remain closed until
proper procedures have been taken for disinfecting.
(Ordinance 2011-10 adopted 2/14/11)