The city designates the county health department as its health
authority for the purpose of insuring minimum standards of environmental
health and sanitation within the scope of that department’s
function.
(Ordinance 428 adopted 6/11/91)
(a)
There
is hereby adopted by reference the department of state health services
Minimum Standards of Sanitation and Health Protection Measures, title
5, chapter 341, subchapter D, section 41.064 [341.064] of the Texas
Health and Safety Code; Standards for Swimming Pools and Spas, 25
TAC, chapter 265, subchapter L; and the department of state health
services publication “A Training Course in Swimming Pool Operation.”
(b)
A
certified copy of each (above) shall be kept on file in the office
of the city secretary.
(Ordinance 428 adopted 6/11/91; Ordinance adopting Code)
All definitions in the department of state health services regulations
and guidelines on public swimming pools and spas are hereby adopted.
In addition the following definitions shall be understood:
Representatives of the county health department.
Any swimming pool, the use of which is limited to the members
of a single family or their invited guests, located on property used
for the placement of a single-family residence.
Any swimming pool, other than a private residential swimming
pool.
Representatives of the county health department.
(Ordinance 428 adopted 6/11/91)
(a)
Requirement.
It shall be unlawful for any person to
operate a public swimming pool or spa in the city without a current
and valid pool permit issued by the health department.
(b)
Posting.
A valid permit shall be posted in public view
in a conspicuous place at the pool/spa for which it is issued.
(c)
Transference (change of ownership).
Permits issued under
the provisions of this article are not transferable. Upon change of
ownership of a business, the new business owner will be required to
meet current standards as defined in city ordinances and state law
before a permit will be issued.
(d)
Multiple permits.
A separate permit shall be required
for every public swimming pool or spa except that public swimming
pools on the same water filtration system will require one permit.
(e)
Denial.
A permit may be denied if the health department,
upon inspection, determines that the requestor has failed to comply
with approved plans and specifications and with these rules.
(f)
Fees.
A fee of $100.00 per pool and $100.00 per spa
is required annually. Fees are due and payable on or before May 1,
and are paid to county health department at 1800 University Drive,
Fort Worth, Texas 76107. Only one permit will be required for swimming
pools connected to the same filtration system.
(Ordinance 428 adopted 6/11/91)
(a)
Submission of plans.
Before a pool or spa is constructed
or extensively remodeled, properly prepared plans and specifications
for such construction or remodeling shall be submitted to the health
department for review and approval. The plans and specifications shall
indicate the proposed layout, arrangement, mechanical plans, and construction
materials of work areas, and the type and model of proposed fixed
equipment and facilities. The health department shall approve plans
and specifications that meet the requirements of these rules. No public
pool or spa shall be constructed or extensively remodeled except in
accordance with plans and specifications approved by the health department.
All installations shall utilize antivortex drain covers.
(b)
Preoperational inspection.
The health department shall
inspect newly constructed or remodeled public pools or spas prior
to operation, in order to determine compliance with approved plans
and specifications, and with the requirements of these rules. Inspection
requests must be made a minimum of three working days prior to the
desired opening date.
(Ordinance 428 adopted 6/11/91)
(b)
A
closed sign is to be immediately posted and the pool access gate locked
until the above conditions are corrected.
(Ordinance 428 adopted 6/11/91)
Daily records for each permitted pool or spa shall be kept on
premises and provide the following information:
(1)
Disinfectant:
3 x/day.
(2)
pH:
3 x/day.
(3)
Alkalinity:
once/week.
(4)
Chemicals
added: as noted by name, amount and date.
(Ordinance 428 adopted 6/11/91)
(a)
Notice of suspension.
After repeated violations, or
repeated noncompliance with state pool standards, a written notice
for suspension of the pool/spa permit may be issued by the health
department. Before a permit is suspended, the holder of the permit
shall be afforded an opportunity for a hearing. Suspension is effective
after a ten-day notice period is given by the health department and
a public hearing is not requested by the permit holder. When a permit
is suspended, pool/spa operations shall immediately cease.
(b)
Notification of right to hearing.
Whenever a notice
of suspension is issued by the health department, the holder of the
permit or the person in charge shall be notified in writing that an
opportunity for a hearing will be provided. Unless a written request
for a hearing is filed with the health department by the holder of
the permit within ten (10) days of receipt of a suspension notice,
the permit is suspended. The health department may end the suspension
any time if reasons for suspension no longer exist.
(c)
Revocation of permit.
The health department may, after
providing notice and an opportunity for a hearing, revoke a permit
for serious or repeated violations of any of the requirements of these
rules or for interference with the health department in the performance
of its duties. Prior to revocation, the health department shall notify
the holder of the permit or the person in charge, in writing, of the
reason for which the permit is subject to revocation and that the
permit shall be revoked at the end of ten (10) days following service
of such notice. Unless a written request for a hearing is filed with
the health department by the holder of the permit within such ten-day
period, the revocation of the permit becomes final.
(d)
Service of notices.
A notice provided for in these rules
is properly served when it is delivered to the holder of the permit
or the person in charge, or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the holder
of the permit. A copy of the notice shall be filed in the records
of the regulatory authority.
(e)
Hearings.
The hearings provided for in these rules shall
be conducted by the regulatory authority at a time and place designated
by it. Based upon the recorded evidence of such hearings, the regulatory
authority shall make a final finding, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report
of the hearing decision shall be furnished to the holder of the permit
by the regulatory authority.
(f)
Right of appeal.
Any permit holder who wishes to dispute
the decision of a hearing may appeal the decision to the director
of the county health department.
(g)
Application after revocation.
Whenever a revocation
of a permit has become final, the holder of the revoked permit may
make written application for a new permit to the health department.
(Ordinance 428 adopted 6/11/91)
(a)
Public
pool and/or spa managers shall have at least one certified pool manager
employed to maintain the pools/spas per apartment complex or municipal
location. This person shall possess a pool manager’s certificate
from a course approved by the health department. The certificate is
valid for three (3) years from issuance date and must be on premises
to facilitate checking by inspectors.
(b)
Whenever
the public pool/spa manager holding the certificate terminates employment,
or is terminated or transferred, the business shall be allowed sixty
(60) days from this termination or transfer date to provide a new
certificate holder.
(c)
This
requirement is applicable even if pool maintenance operations are
contracted to an outside company.
(Ordinance 428 adopted 6/11/91)
Any person who violates a provision of this article, upon conviction in the municipal court of the city, shall be subject to a fine as provided in section 1.01.009 for each offense, and each and every day such violation continues shall constitute a separate offense.
(Ordinance 428 adopted 6/11/91)
