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)