[1]
Editor's note—Ord. No. CSO#1291-02-2020, adopted March 2, 2020, repealed former art. IX, which pertained to similar subject matter and derived from Ord. No. B-736, adopted July 14, 2005.
(Ord. No. CSO#1291-02-2020, § 1, 3-2-2020)
(a) 
All provisions of Texas Administrative Code, Title 25 "Health Services" Part 1; Texas Department of State Public Health Services, Chapter 265, Subchapter L (Standards for Public Swimming Pools and Spas), as amended.
(b) 
All provisions of Texas Administrative Code, Title 25 "Health Services" Part 1; Texas Department of State Public Health Services, Chapter 265, Subchapter M (Standards for Public Interactive Water Features and Fountains), as amended.
(c) 
V.T.C.A., Health and Safety Code Title 5; Sanitation and Environmental Quality, Subtitle A, Sanitation, Subsection 341.064 "Swimming Pools and Bathhouses;" and Subsection 341.0645 "Pool Safety;" and Subsection 341.0695 "Interactive Water Features and Fountains," (Minimum Standards of Sanitation and Health Protection), as amended.
(d) 
V.T.C.A., Health and Safety Code, Title 9; Safety; Subtitle A, Public Safety; Chapter 757 Pool Yard Enclosures, as amended.
(Ord. No. CSO#1291-02-2020, § 1, 3-2-2020)
(a) 
As used in this article, the following words and terms shall mean the following:
CERTIFIED POOL OPERATOR
One who has received training and certification by completion of one of the following courses or their equivalent:
(1) 
The NRPA, "Aquatic Facility Operator" (A.F.O.);
(2) 
The NSPF, "Certified Pool-Spa Operator" (C.P.O);
(3) 
YMCA, "Pool Operator on Location" (P.O.O.L.);
(4) 
The NSPI, "Professional Pool and Spa Operator" (P.P.S.O.); or
(5) 
The ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.).
CLASS A POOL
Any pool used, with or without a fee, for accredited competitive aquatic events such as Federation Internationale De Natation Amateur (FINA), United States Swimming, United States Diving, National Collegiate Athletic Association (NCAA), National Federation of State High School Associations (NFSHSA), events. A Class A pool may also be used for recreation.
CLASS B POOL
Any pool used for public recreation and open to the general public with or without a fee.
CLASS C POOL
Any pool operated for and in conjunction with: (i) lodging such as hotels, motels, apartments, condominiums, or mobile home parks; (ii) property owner associations, private organizations, or clubs; (iii) a school, college or university while being operated for academic or continuing education classes. The use of such a pool would be open to occupants, members or students, etc., and their guests but not open to the general public.
CLASS D POOL
A wading pool with a maximum water depth of 24 inches at any point.
PUBLIC INTERACTIVE WATER FEATURE AND FOUNTAIN (PIWF)
Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of wetting the persons playing in the sprays streams: PIWFs:
(1) 
May be stand-alone PIWFs or may share a water supply, disinfection system, filtration system, circulation system, or other treatment system that allows water to comingle with a pool;
(2) 
May be publicly or privately owned;
(3) 
May be operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use;
(4) 
Include, but are not limited to, interactive water features or fountains that are open exclusively to members of an organization and their guest, residents of multi-unit apartment building or apartment complex, residential real estate development, or other multi-family residential area, schools, daycare facilities, youth camp, or hotel or other public accommodations facility;
(5) 
Do not include interactive water features or fountains located on private property under the control of the property owner or the owner's tenant serving a single-family residence or duplex and that are intended for use by not more than two resident families and their guest; and
(6) 
Are not fountains, installations, amusements rides, or other attractions, whether decorative or interactive, in which only incidental water contact occurs.
PUBLIC POOL
Any class A, B, C, or D swimming pool as defined by Texas Administrative Code, Title 25 "Health Services" Part 1; Texas Department of State Public Health Services, Chapter 265, Subchapter L (Standards for Public Swimming Pools and Spas).
SEMI-PUBLIC SWIMMING POOL
Any class A, B, C, or D swimming pool as defined by Texas Administrative Code, Title 25 "Health Services" Part 1; Texas Department of State Public Health Services, Chapter 265, Subchapter L (Standards for Public Swimming Pools and Spas).
SPA
A constructed permanent or portable structure that is two feet or more in depth and that has a surface area of 250 square feet or less or a volume of 3,250 gallons or less and that is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa, as is defined here, does not refer to a business establishment such as a day spa or health spa. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot tub," etc. A spa does not include a residential spa.
(b) 
The definitions of the words and terms in section 10-381 of this Code shall be applicable when those words and terms are used in this article, unless the context should clearly indicate a different meaning.
(c) 
Regulatory authority
shall mean the city manager or his or her duly appointed representative.
(Ord. No. CSO#1291-02-2020, § 1, 3-2-2020)
(a) 
No person shall operate or maintain a public or semipublic swimming pool or spa and public interactive water feature and fountains unless he is a certified pool operator and has obtained a permit to operate such pool or spa from the regulatory authority. Such permits shall be valid for one year, unless revoked for a violation of this article. Such permits are not transferable and shall be publicly displayed.
(b) 
The city is authorized to promulgate regulations and the city council shall establish fees to cover permits, inspections and other services in connection with the operation and maintenance of public and semipublic swimming pools and spas and public interactive water feature and fountains for the protection and promotion of public health and safety. Such fees shall be set by the city council and shall be listed in the fee schedule.
(c) 
The city shall have the authority to collect swimming pool or spa permit fees from applicants seeking to operate public or semipublic pools or spas within the corporate city limits.
(Ord. No. CSO#1291-02-2020, § 1, 3-2-2020)
(a) 
The regulatory authority may revoke any permit to operate a public or semipublic swimming pool or spa and public interactive water feature and fountains for failure to comply with this article or in cases where the permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact.
(b) 
The regulatory authority shall make inspections of public and semipublic swimming pools and spas and public interactive water feature and fountains shall issue a copy of the inspection report to the pool, spa or interactive water feature or fountain owner, operator or representative. This report shall include a list of the deficiencies, if any, and shall prescribe corrective action to be taken within a time limit set by the regulatory authority. Chlorine residual should be maintained according to the standard adopted by the state department of health. If significant health hazards exist, the regulatory authority shall close the pool, spa or interactive water feature and fountain until the offending conditions are corrected.
(c) 
Public or semipublic swimming pool or spa and public interactive water feature and fountains shall maintain all signage required by state regulations adopted herein, as well as any other signage deemed necessary and beneficial by the regulatory authority.