The 2018 edition of the International Swimming Pool and Spa Code is hereby adopted as the official swimming pool and spa code of the city. The pool and spa code is fully incorporated by reference as though copied into this section in its entirety. The material contained within shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the city secretary and will be available for public inspection and copying during regular business hours.
(Ordinance 20-022 adopted 8/10/20)
The swimming pool and spa code adopted in this article shall be subject to the exceptions and amendments to the International Swimming Pool and Spa Code, 2012 edition, as follows:[1]
(Ordinance 20-022 adopted 8/10/20)
[1]
Editor’s note–The 2012 Swimming Pool and Spa Code Amendments are included as an attachment ti this chapter.
Regulated pool.
A regulated swimming pool, for the purpose of this article, shall mean a class A, B, C, or D pool, as amended in 25 TAC, part 1, chapter 265, subchapter L, rule section 265.182, as amended.
(Ordinance 13-067 adopted 12/9/13)
(a) 
A person shall not operate a regulated pool without a permit. To obtain a permit an applicant must complete a form provided by the code official.
(b) 
The code official shall issue a permit upon satisfactory completion of an application, compliance with this article, and payment of the applicable fee. The amount of the annual fee shall be established by resolution of the city council. Permits must be renewed annually, and no refunds will be made.
Exception: Pools located at multi-tenant properties are exempt from the fees listed in subsection (b) if a current and valid multi-tenant registration certificate has been submitted for that property.
(c) 
Permits are not required for pools owned and operated by the city.
(Ordinance 13-067 adopted 12/9/13)
A person in control of premises on which a regulated pool is located, or the owner of a regulated pool commits an offence if they:
(1) 
Knowingly permit a condition to exist that endangers the life, health, or safety of a swimmer or that violates a provision of this article;
(2) 
Knowingly permit a person to swim in a pool who has skin abrasions, open sores, cuts, skin disease, eye disease, nasal or ear discharge, or communicable disease;
(3) 
Knowingly permit a person to carry glass within a pool area or enclosure;
(4) 
Knowingly allows dogs within a pool area or enclosure;
(5) 
Fails to post placards containing pool regulations and instructions in conspicuous places within a pool area or enclosure;
(6) 
Alters or removes safety equipment from a regulated pool except in a bona fide emergency;
(7) 
Fails to maintain a pool in accordance with the standards of health and safety provided in this section, the city’s property maintenance code, or this article; or
(8) 
Fails to comply with the requirements of this article.
(Ordinance 13-067 adopted 12/9/13)
There is hereby adopted as the minimum pool standards for the city, for the purpose of regulating and governing the conditions and maintenance of all regulated pools; by providing the standards for water quality and facilities and other physical things and conditions essential to ensure that regulated pools are safe, sanitary and fit for occupation and use, title 25, part 1, chapter 265, subchapter L “Standards for Public Pools and Spas” of the Texas Administrative Code as amended, as provided in section 6.08.001 of this article [sic].
(Ordinance 13-067 adopted 12/9/13)
In addition to all other requirements, regulated pools must meet the following standards:
(1) 
Clarity.
The water in a regulated pool must be sufficiently clear to permit a distinct view of the main drain from above the surface water of the pool.
(2) 
Algae.
A regulated pool must be kept free of algae.
(3) 
Circulation.
The recirculation system of a regulated pool must be in operation at all times.
(4) 
Cleaning.
The walls, floors, equipment, and appurtenant facilities of a regulated pool must be maintained in a clean and sanitary condition at all times.
(Ordinance 13-067 adopted 12/9/13)
(a) 
The owner of a regulated pool that is not being maintained as a swimming pool in accordance with this article shall either:
(1) 
Make repairs or make serviceable, or perform other work necessary to bring the pool to at least the minimum standards;
(2) 
If temporary or seasonal, drain all water from the pool and cover the pool with a material of sufficient strength, durability, and water tightness to prevent the entrance of water or children; or
(3) 
If permanent, demolish or recondition the pool and remove all material and equipment, or otherwise comply with the requirements of this article.
(b) 
A regulated pool that remains drained of water for 90 days is presumed to be no longer maintained as a swimming pool.
(Ordinance 13-067 adopted 12/9/13)
A person commits an offense if he drains water from any pool or spa at a rate that causes the water to leave a natural drainage course or flow onto adjacent private property.
(Ordinance 13-067 adopted 12/9/13)
(a) 
The code official shall suspend a permit to operate a regulated pool if:
(1) 
The annual permit fee is not paid;
(2) 
The condition of a pool is hazardous to the health or safety of swimmers or the general public; or
(3) 
The owner fails to keep all pool equipment and devices working properly.
(b) 
The suspension shall continue until the cause of suspension is corrected.
(Ordinance 13-067 adopted 12/9/13)
(a) 
If the code official denies the issuance of a permit, or suspends a permit, he shall send to the applicant, or permit holder, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the code official to the city manager by filing with the city manager a written request for a hearing within 10 days after receipt of the notice from the code official. If a request for an appeal hearing is not made within the 10-day limit, the action of the code official is final.
(b) 
The city manager, or designee, shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the code official and his decision is final unless the applicant, or permit holder, files a written request with the city council for a hearing within 10 days after receipt of notice of the action of the hearing officer.
(c) 
If a request for an appeal hearing with the city council is filed within the ten-day limit, the city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing before the city council. The city council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The city council shall affirm, reverse, or modify the action of the hearing officer by a majority vote; failure to reach a majority decision on a motion shall leave the hearing officer’s decision unchanged. The result of an appeal hearing before the city council is final.
(Ordinance 13-067 adopted 12/9/13)