The following definitions shall apply in the interpretation and enforcement of this article. The word “shall,” as used herein, indicates a mandatory requirement.
Health department.
The health department of the city, county or state.
Health inspector.
A person qualified and designated by the health department to conduct inspections applicable to the requirements of this article.
Operator.
Any person appointed by an owner of a public or semipublic swimming pool who is in charge of the day-to-day operation or maintenance of the swimming pool.
Owner.
The person or persons who own a swimming pool.
Person.
Any person, firm, partnership, association, corporation, company, governmental agency, club or organization of any kind.
Private residential swimming pool.
Any swimming pool, located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by members of his family or their invited guests.
Public swimming pool.
Any swimming pool and facilities incident thereto, other than a private residential swimming pool, intended to be used by the general public, operated by any person as defined herein, whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use.
Semipublic swimming pool.
A pool serving a private club, a motel, a hotel, a condominium-type development or an apartment house, where use is restricted to members, guests or residents.
Swimming pool.
Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing and having a depth of two (2) feet or more at any point. This includes jacuzzis or hot tubs which meet the above qualifications.
(Ordinance 83-74, sec. 1, adopted 7/26/83; 1957 Code, sec. 12-19; Ordinance 2017-27, secs. 1– 2, adopted 6/13/17)
(a) 
Where no lifeguard service is provided, a warning sign shall be placed in plain view by the owner of a public or semipublic swimming pool, the sign shall state “warning-no lifeguard on duty,” with clearly legible letters at least four (4) inches high. In addition, the sign shall also state, “children should not use pool without an adult in attendance.”
(b) 
A telephone or other electronic means capable of immediately summoning emergency service shall be readily accessible within 200 feet from a public or semipublic swimming pool.
(1) 
Using deactivated cell phones or wireless devices capable of dialing emergency services only are allowed under the following conditions:
(A) 
The wireless device must have GPS activated; and
(B) 
An easily readable sign with the precise location of the pool in which the emergency is occurring and/or location of the phone must be posted above the phone. The location could include the address, a nearby landmark from which the pool can be seen, or GPS location.
(c) 
The owner or operator of a public or semipublic pool shall acquire any additional equipment required by applicable state laws and regulations because of the size or type of use of swimming pool.
(Ordinance 83-74, sec. 1, adopted 7/26/83; 1957 Code, sec. 12-20; Ordinance 2017-27, sec. 3, adopted 6/13/17)
The health department is authorized to collect samples of swimming pool water, or have operators submit samples of swimming pool water, for laboratory testing, or conduct such inspections as it deems necessary to insure compliance with all the provisions of this article, and shall have the right of entry at any reasonable hour to the swimming pool for these purposes.
(Ordinance 83-74, sec. 1, adopted 7/26/83; Ordinance 87-48, sec. 1, adopted 7/28/87; 1957 Code, sec. 12-21)
The operator of each public or semipublic swimming pool shall keep a daily record of information regarding operation, including disinfectant residuals, pH, and chemicals used in controlling the quality of the water. This data shall be kept on file by the operator for six (6) months for review by the health department or submitted periodically to the health department as may be required by the health officer.
(Ordinance 83-74, sec. 1, adopted 7/26/83; Ordinance 87-48, sec. 1, adopted 7/28/87; 1957 Code, sec. 12-22)
It shall be unlawful for an owner to open a public or semipublic swimming pool without having appointed an operator, as defined herein, and providing the health department with written notice of such appointment. Every public and semipublic swimming pool shall be operated under the close supervision of a trained operator. The operator shall also have a certificate of competency obtained through attendance and successful completion of a swimming pool operator’s training course as evidence of compliance with this section. The operator shall be responsible for compliance with all parts of this article.
(Ordinance 83-74, sec. 1, adopted 7/26/83; Ordinance 87-48, sec. 1, adopted 7/28/87; 1957 Code, sec. 12-23)
The quality of water in public and semipublic swimming pools shall meet the following requirements:
(1) 
Testing of water quality shall occur two (2) times daily unless otherwise noted herein.
(2) 
Swimming pools when in use shall be continuously disinfected by a chemical which imparts an easily measured free available residual effect. When chlorine is used, a free chlorine residual of 1.0 ppm as required by the Texas Sanitation and Health Protection Law shall be maintained throughout the pool whenever it is open or in use. If other halogens are used, residuals of equivalent disinfecting strength shall be maintained. A testing kit for measuring the concentration of the disinfectant, accurate within 0.1 ppm, shall be provided at each swimming pool.
(3) 
The swimming pool water shall be maintained in an alkaline condition as indicated by a pH of not less than 7.0 and not over 7.8. A pH testing kit, accurate to the nearest 0.2 pH unit, shall be provided at each swimming pool.
(4) 
Chlorine stabilizer cyanuric acid shall not exceed 100 parts per million. Testing for cyanuric acid shall be performed weekly.
(5) 
All required chemical adjustments shall be performed by a properly trained individual or an individual certified by a national training organization.
(6) 
The water supply serving the swimming pool and all plumbing fixtures, including drinking fountains, lavatories, and showers, shall meet the requirements of the department of state health services drinking water standards.
(7) 
Visible dirt on the bottom of the swimming pool shall be removed every twenty-four (24) hours.
(8) 
Visible scum or floating matter on the swimming pool surface shall be removed within twenty-four (24) hours by flushing or other effective means.
(9) 
The pumps, filter, disinfectant and chemical feeders, and related appurtenances shall be kept in operation at all times the swimming pool is in use and for such additional periods as needed to keep the pool water clear and of satisfactory bacterial quality. Continuous operation of the recirculation system shall be maintained during seasons of regular use.
(Ordinance 83-74, sec. 1, adopted 7/26/83; Ordinance 87-48, sec. 1, adopted 7/28/87; 1957 Code, sec. 12-24; Ordinance 2017-27, sec. 4, adopted 6/13/17)
The health department shall prepare and have available for distribution to the general public a set of guidelines which shall describe physical characteristics that indicate a person has an infectious disease. Persons with infectious diseases are prohibited from using public or semipublic swimming pools.
(Ordinance 83-74, sec. 1, adopted 7/26/83; 1957 Code, sec. 12-25)
The sewer system for all public and semipublic swimming pools shall be adequate to serve the facility, including bathhouse, locker room, and related accommodations. The sanitary sewer serving the swimming pool and auxiliary facilities shall discharge to the public sewer system wherever possible. Where no such sewer is available, the connection shall be made to a suitable disposal plant designed, constructed, and operated in accordance with the requirements of the department of state health services.
(Ordinance 83-74, sec. 1, adopted 7/26/83; 1957 Code, sec. 12-26)
When a public or semipublic swimming pool is not open for use, the owner shall prevent access by means of a fence and gate with lock.
(Ordinance 83-74, sec. 1, adopted 7/26/83; 1957 Code, sec. 12-28)
(a) 
No person shall operate a public or semipublic swimming pool within the city without first obtaining the appropriate permit from the health department. An application for the permit shall be made on the forms provided by the health department and shall be submitted with the applicable permit fee.
(b) 
A permit is not transferable and shall be valid only for the location specified on the application.
(c) 
The permit shall be kept on site and posted in a conspicuous location visible to the users of the pool.
(d) 
Permits issued by the health department shall be for a period not to exceed one (1) year. In order to continue operation of the pool, application for renewal shall be made before expiration of the initial permit.
(e) 
Except as provided in this section, the health department shall issue a permit if the facility complies with the requirements of this article and all other applicable state laws and regulations.
(f) 
Denial, revocation, or suspension of permit.
(1) 
Grounds.
The following reasons shall constitute grounds for denial, revocation, or suspension of a permit issued pursuant to the provisions of this article:
(A) 
Failure to file any required documents or paperwork;
(B) 
Failure to pay the required fee when due;
(C) 
The condition of the pool is hazardous to the health or safety of the general public;
(D) 
Failure to comply with any applicable requirements set forth in this article;
(E) 
The applicant omits or falsely states a material fact in the application; or
(F) 
A violation of any of the provisions of this article.
(2) 
If the health inspector denies, or upon completion of an investigation, suspends or revokes the permit, he shall immediately convey the decision to the applicant orally and shall within seven (7) working days after the denial, suspension, or revocation prepare a written report of the reason for the denial, suspension, or revocation which shall immediately be made available to the applicant.
(3) 
If the health inspector determines that the condition of the pool or spa is hazardous to the health or safety of the general public, the pool shall be immediately closed and the permit suspended until all required repairs and modifications are completed, approved by the health department, and a reinspection fee has been paid.
(4) 
Whenever the cause of suspension is corrected, the owner or operator shall notify the health department and request a reinspection. The reinspection shall be conducted as soon as possible after the request is received and in any event no longer than three (3) regular business days.
(5) 
A permit may be revoked if the owner or operator has had three (3) or more violations of this article or federal or state laws, rules, or regulations regarding pool safety within the preceding six-month period.
(6) 
The applicant or permit holder shall have ten (10) days from the date of denial, suspension, or revocation in which to file a written notice of appeal to the city manager from the decision denying, suspending, or revoking the permit. An appeal from the decision of the city manager can be had following the procedures set out in section 1-2-5 of this city code.
(Ordinance 2017-27, sec. 5, adopted 6/13/17)