(a)
Findings of fact.
The city council has determined that
the regulation of public and semipublic aquatic facilities is necessary
and beneficial for the health, safety and welfare of the inhabitants
of the city. It is therefore ordained that provisions regulating public
and semipublic aquatic facilities and providing a penalty for violations
of any provision of this division be adopted.
(b)
Purpose.
The purpose of this division is the establishment
and amendment of minimum standards for the construction, operation
and maintenance of public and semipublic aquatic facilities and their
related facilities in order to protect the health and safety of the
public.
(c)
Aquatic facility.
Certified pool operator.
(1)
(2)
(A)
(B)
(C)
(D)
(E)
(F)
Consumer health official.
Director.
Enclosure.
Extensively remodeled.
Person in charge.
Private aquatic facility.
Public aquatic facility.
Secured.
Semipublic aquatic facility.
Service animal.
State aquatic facility regulations.
(1)
(2)
(3)
(4)
Definitions.
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this division, shall have
the meanings hereinafter designated. A term not included in this list
of definitions but defined within the state aquatic facility regulations
shall have the meaning assigned to it within the state aquatic facility
regulations.
A pool, spa, special aquatic activity device, public interactive
water feature, fountain or venue that may be used for swimming or
bathing, or other regulated water body as defined by state aquatic
facility regulations.
A person who:
Possesses a valid and current certificate of accreditation;
and
Obtains certification by completion of one of the following
courses or other nationally recognized course in aquatic facility
operation, safety and management:
NRPA, “aquatic facility operator” (A.F.O.);
NSPF, “certified pool-spa operator” (C.P.O);
Y.M.C.A., “pool operator on location” (P.O.O.L.);
NSPI, “professional pool and spa operator” (P.P.S.O.);
ASPSA, “licensed aquatic facility technician” (L.A.F.T.);
or
Other training at discretion of the director.
The fire chief or the official’s authorized representative.
The assistant city manager for the city, or the authorized
representative.
A fence, wall, or combination of fences, walls, gates, windows,
or doors that completely surround an aquatic facility.
The replacement of or modification to an aquatic facility
structure or its enclosure, its circulation system or its appurtenances,
so that the design, configuration or operation is different from the
original design, configuration or operation, including the installation
of new deck detail or tile work that is different from the original
design. This term does not include the normal maintenance and repair
or the replacement of equipment which has been previously approved
if the size, type or operation of the equipment is not substantially
different from the original equipment.
The owner of the aquatic facility, or the person identifying
himself or herself as the owner’s designated representative
and person in charge on the permit application. This person may also
be the certified pool operator.
Any aquatic facility located on private, single-family residential
property under the control of the homeowner or tenant, the use of
which is limited to members of the homeowner’s or tenant’s
family or invited guests.
Any aquatic facility which is intended to be used by the
general public for swimming, bathing or other related purposes and
is operated by an owner, lessee, operator, licensee or concessionaire,
regardless of whether a fee is charged for use.
An enclosure during normal operation is maintained so that
all gates and entrances are maintained closed with functioning self-latching
and self-closing mechanisms, and that the enclosure is not allowed
to maintain gaps large enough to allow the passage of a 4" sphere
or provide any feature that may be climbed by a child to gain access
to the aquatic facility. The enclosure during times when the aquatic
facility is closed to the public must maintain the above conditions,
but the gates or entrances to the enclosure must also be locked so
that no person may enter the gates or entrances without the authorization
of the certified pool operator and/or person in charge.
Any aquatic facility which is not included within the definition
of either “private aquatic facility” or “public
aquatic facility” as those terms are defined in this section.
An animal such as a guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a
disability.
The regulations adopted by the state to regulate public pools
and spas, and includes the following, as amended from time to time:
Tex. Health and Safety Code, title 5, sec. 341.064 “swimming
pools and bathhouses”;
Tex. Health and Safety Code, chapter 757 (pool yard enclosures);
Tex. Administrative Code, title 25, part I, chapter 265 subchapter
L, “standards of public pools and spas”; and
Tex. Administrative Code, title 25, part I, chapter 265 subchapter
M, “public interactive water features and fountains.”
(d)
Adoption of state aquatic facility regulations.
(1)
The standards of the following statutes, laws, and regulations in
their current form and as they may hereafter be amended, are adopted
and applied into this division as if they were set forth at length
herein:
(A)
Tex. Health and Safety Code, title 5, sec. 341.064 “swimming
pools and bathhouses”;
(B)
Tex. Health and Safety Code chapter 757 (pool yard enclosures);
(C)
Tex. Administrative Code, title 25, part I, chapter 265 subchapter
L, “standards of public pools and spas”; and
(D)
Tex. Administrative Code, title 25, part I, chapter 265 subchapter
M, “public interactive water features and fountains.”
(2)
If a conflict occurs between a provision of this division and a provision
of the above statutes, laws, or regulations, the more strict provision
shall apply.
(e)
Failure to comply.
(1)
Failure to comply with any section of this division may result in
the immediate closure of the aquatic facility, the initiation of legal
action, permit suspension, and/or permit revocation.
(2)
Upon determination that the aquatic facility does not comply with
the provisions of this division, the consumer health official shall
notify the certified pool operator and/or the person in charge of
the aquatic facility of the existing violations.
(f)
Enforcement responsibility.
The consumer health official
or his authorized representative shall have enforcement responsibility
for this division.
(g)
Penalty for violation of division.
Any person violating or failing to comply with any of the provisions of this division shall be fined, upon conviction, as provided in section 1.01.009 in this Code of Ordinances. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law; and the power of injunction and as may be amended may be exercised in enforcing this division whether or not there has been a complaint filed.
(Ordinance 724-2018 adopted 6/21/18)
(a)
Permit required.
(1)
A person shall not operate a public or semipublic aquatic facility
in the city unless and until a permit for such purposes has been issued
by the consumer health official or his designee.
(2)
The consumer health official shall not issue a permit until all required
inspections have been completed and all fees have been paid in accordance
with this division.
(3)
An application for such permit as required in this section shall
be made annually in writing to the consumer health official or his
designee upon forms prescribed and furnished by the city.
(4)
An applicant must designate a certified pool operator and person
in charge for each facility for which a permit is sought. The person
designated as the certified pool operator must be employed on the
premises where the aquatic facility is located, and must be able to
physically respond to the facility address within one hour of being
notified by the consumer health official.
(5)
Operational permits shall expire on April 30th of each year, unless
suspended for cause before the expiration date, and must be renewed
each year in accordance with this division.
(6)
A separate permit is required for each body of water on site. For
example, an enclosure containing both a swimming pool and a spa must
obtain a permit for the swimming pool and a separate permit for the
spa.
(7)
Public aquatic facilities which are owned and operated by the city,
public schools, or as determined by the director must obtain an operational
permit but shall be exempt from paying the application fee and the
operational permit fee.
(8)
Facilities constructed before the adoption of this division must
comply with all provisions of this division and all future amendments
to this division, unless the director grants a variance in writing,
or unless otherwise exempted under Tex. Health and Safety Code sec.
757.005.
(9)
If a variance to this division is issued by the director, the permit
applicant must annually reapply for the variance in writing. The granting
of a variance does not guarantee that the director will grant future
variances.
(10)
All fees are nonrefundable and will not be prorated.
(b)
Permit duration and renewal.
The permit required by
this section must be renewed before May 1st of each calendar year.
(c)
Grounds for permit denial.
(1)
The director may deny the issuance of a permit for a public or semipublic
aquatic facility:
(2)
An applicant whose permit is denied will be notified by the director,
in writing, within ten days of the date of the denial. The director
shall set out the grounds for the denial.
(3)
The notice will be personally delivered to the applicant or sent
by certified mail, return receipt requested, to the address listed
on the application.
(4)
An applicant whose permit is denied may request an appeals hearing
within ten days after service of the notice of denial. Such request
shall be in writing, shall specify the reasons why the permit should
not be denied, and shall be filed with the director.
(d)
Grounds for permit suspension/revocation.
After notice
and hearing, the director may suspend for up to 180 days or may revoke
a public or semipublic aquatic facility permit if:
(1)
The permit holder or person in charge of the aquatic facility is
convicted of a violation of this division or state aquatic facility
regulations during the term of the permit;
(2)
The permit holder or person in charge of the aquatic facility fails
to comply with any of the permit conditions set forth in this division;
(3)
The permit holder or person in charge of the aquatic facility fails
to comply with an inspection report order;
(4)
The permit holder or person in charge of the aquatic facility disobeys
a closure order issued by the fire department pursuant to this division;
or
(5)
The permit holder or person in charge made a materially false statement
on the permit application or there is any false statement or misrepresentation
as to a material fact in any plans and specifications submitted pursuant
to this division.
(Ordinance 724-2018 adopted 6/21/18)
(a)
Right of entry.
The fire department, the building official
of the city or designee, and/or the fire marshal of the city or designee,
are authorized to conduct such inspections as deemed necessary to
ensure compliance with all provisions of this division and the Code
of Ordinances of the city. They shall have right of entry at any reasonable
hour upon the premises where a public or semipublic aquatic facility
is located. They shall have the authority to collect water samples
and photographic and/or video evidence from the aquatic facility.
(b)
Plans review and construction inspections.
(1)
Prior to beginning the construction of a new aquatic facility or
the extensive remodeling of an existing aquatic facility, the owner
shall submit plans and specifications for such construction or remodeling
to the fire department and building inspections department for review.
(2)
The plans and specifications shall indicate the proposed layout and
arrangement of mechanical, plumbing, fencing, electrical, construction
materials of work areas, the type and model of proposed fixed equipment
and facilities and all associated buildings or structures.
(3)
A licensed professional engineer shall examine the final aquatic
facility design/blueprints for all new and extensively remodeled aquatic
facilities (including structural, mechanical, plumbing or electrical
renovations) and certify by original signature and engineer’s
seal compliance with state aquatic facility regulations and this division.
(4)
No work shall begin until the fire department has received the engineer’s
certificate of pre-construction, conducted a plans review and has
communicated with the building inspections department that a building
permit may be issued. Work shall commence and conclude within the
time allowed by such permits. Deviations from approved plans shall
not be permitted without approval in writing from the fire department
and the building inspections department. If no work has begun within
180 days from the date the fire department has given written notice
that work may begin, or if work has begun and is halted more than
60 days, the director may withdraw approval.
(5)
The aquatic facility construction shall pass a pre-gunite inspection,
pre-plaster inspection and pre-operational inspection by the consumer
health official prior to issuance of a permit. The completion of these
inspections by a consumer health official does not substitute or replace
inspections required by other departments within the city.
(6)
A licensed professional engineer shall inspect the completed new
or renovated aquatic facility construction and certify by original
signature and engineers seal that the aquatic facility is installed
and constructed in accordance with state aquatic facility regulations
and this division.
(7)
It is the responsibility of the person in charge to ensure that the
building permit applicant and licensed professional engineer comply
with all zoning, building, fire, and health ordinances of the city.
(c)
Annual pre-operation inspections.
(1)
Each public or semipublic aquatic facility shall pass a pre-operation
inspection by the consumer health official prior to use by the public
each permit year. There shall be no charge for one preliminary pre-operation
inspection that is not requested by the facility and for one pre-operation
inspection that is requested by the facility; a reinspection fee shall
be required for all further pre-operation inspections.
(2)
Each public or semipublic aquatic facility shall also annually submit
certification by a licensed, registered electrician that the electrical
equipment for the aquatic facility meets all local, state, and federal
electrical codes on a form promulgated by the city.
(3)
A representative from each public or semipublic aquatic facility
shall attend a pre-season pool safety meeting coordinated by the consumer
health official prior to the beginning of each permit year. This representative
should be the person in charge, the certified pool operator, and/or
designee of the person in charge or certified pool operator. It shall
be the responsibility of the person in charge and the certified pool
operator to be knowledgeable about all information conveyed through
the pre-season pool safety meeting.
(d)
Reinspections due to closure or pre-operation inspection failure.
Reinspections due to closure or pre-operation inspection failure shall be performed in accordance with subsection (c) above and with section 3.02.704(b) below.
(Ordinance 724-2018 adopted 6/21/18)
(a)
Duties of certified pool operator and/or the person in charge.
(1)
It shall be the duty of the certified pool operator and/or the person
in charge to:
(A)
Physically respond within one hour of being notified by the consumer
health official to the site of the aquatic facility;
(B)
Check at least once per day that the aquatic facility remains in
compliance with this division and with state aquatic facility regulations;
(D)
Ensure that an appropriate method is used to check water chemistry
as specified in state aquatic facility regulations;
(E)
Retain records of daily water chemistry checks for at least two years
on site;
(F)
Ensure that the steps detailed in subsection (b)(2)–(6) are completed if any conditions exist that require temporary closure of public and semi-public aquatic facilities as specified in subsection (b)(1) below; and
(G)
Register certification as a certified pool operator with the city
fire department and maintain a copy of the registration on site at
the facility. In the event that the certified pool operator is no
longer employed on premises, the aquatic facility must employ another
certified pool operator who possesses or obtains a current city certified
pool operator registration within 30 days of the effective date of
termination or permanent transfer of the previous certified pool operator.
(2)
To ensure compliance with this division, it is recommended that all
certified pool operators use a test kit certified by the American
National Standards Institute (ANSI).
(b)
Temporary closure of public and semi-public aquatic facilities.
(1)
The following conditions require immediate closure of public and
semi-public aquatic facilities:
(A)
The emergency phone on-site is absent, missing, or not functioning;
(B)
The water chemistry of the aquatic facility is outside of required
legal limits or is hazardous to public health and safety;
(C)
Life safety equipment or signage is missing or damaged;
(D)
The required safety vacuum release system (SVRS) is not working;
(E)
Drain or suction outlet covers become damaged or detached;
(F)
The bottom of the aquatic facility cannot be clearly seen at any
part of the water body;
(G)
The aquatic facility equipment ceases to circulate;
(H)
The facility enclosure is damaged;
(I)
The gates or doors to the aquatic facility fail to self-close and
self-latch;
(J)
An entanglement or entrapment hazard exists, regardless of the age
of the aquatic facility; or
(K)
Any other event or condition exists that is hazardous to the health
or safety of swimmers or of the general public.
(2)
If the consumer health official, certified pool operator, and/or
person in charge determines that any condition exists in the aquatic
facility that is hazardous to the health or safety of the swimmers
or of the general public, the facility shall be closed and the certified
pool operator and/or the person in charge shall immediately take all
reasonable steps to prevent the use of the aquatic facility during
closure. This includes:
(A)
All entrances into the aquatic facility enclosure shall be secured
and locked. The certified pool operator and/or person in charge shall
be responsible for keeping the entrances secured and locked at all
times while the facility is closed.
(B)
Signs shall be posted at all entrances to the aquatic facility. Said
sign shall be clearly visible to a reasonably observant person and
shall state in minimum 2 inch letters, “POOL CLOSED.”
The certified pool operator and/or person in charge shall be responsible
for keeping the closure sign visible at all times.
(C)
A closure sign posted by the consumer health official shall not be
removed by any person other than the consumer health official. Removal
of the closure sign posted by the consumer health official without
authorization may result in citation, suspension, and/or revocation
of the aquatic facility permit.
(3)
If the consumer health official determines that the condition of
the aquatic facility is hazardous to the health or safety of the swimmers
or the general public and orders closure, a reinspection of the facility
must be conducted by the consumer health official prior to allowing
the aquatic facility to be used or reopened. The reinspection shall
be conducted during the regular working hours of the director at the
request of the certified pool operator. If compliance has been achieved,
the consumer health official shall notify the certified pool operator
and/or the person in charge that the aquatic facility may be opened
or reopened for use by swimmers and the general public.
(4)
If a reinspection of the facility by the consumer health official
is required, a reinspection fee shall be charged for each reinspection
of each aquatic facility in accordance with section A2.001(c)(7) and
(8) herein.
(5)
It shall be a violation for the certified pool operator and/or the
person in charge to allow use of the aquatic facility after the consumer
health official has ordered the facility closed and before the consumer
health official has informed the certified pool operator and/or person
in charge that the facility may be reopened.
(6)
Use of the aquatic facility by an individual for swimming, diving
or bathing purposes after the consumer health official has ordered
such aquatic facility to be closed shall be deemed prima facie evidence
that the owner of the aquatic facility has knowingly allowed the aquatic
facility to be used for such purposes.
(c)
Additional regulations for aquatic facility enclosures.
(1)
The aquatic facility shall be surrounded by an approved enclosure
not less than six feet in height with self-closing and self-latching
gates or doors at all entrances into the aquatic facility area with
latches or locks designed to keep children out of the aquatic facility
area without adult supervision. Said enclosure shall be kept in good
repair or secured at all times, and shall comply with all other provisions
of state aquatic facility regulations.
(2)
A door or pool alarm shall be required if deemed necessary by the
director on all doors and windows inside a building that provide direct
access into the pool enclosure.
(3)
In addition to any other law and pursuant to Texas Local Government
Code Ch. 214, subchapter C, “swimming pool enclosures,”
as amended, the city may repair, replace, secure, or otherwise remedy
an enclosure that is damaged, deteriorated, substandard, dilapidated,
or otherwise in a state that poses a hazard to the public health,
safety, and welfare. The city may order the owner of the enclosure
or any person in control of the property on which the enclosure is
located to repair, replace, secure, or otherwise remedy the enclosure
in accordance with Texas Local Gov’t Code sec. 214.101.
(d)
Additional signage and safety requirements for public and semipublic
aquatic facilities.
(1)
The aquatic facility enclosure shall maintain all signage required
by state aquatic facility regulations, as well as any other signage
deemed necessary and beneficial by the director.
(2)
A guideline rope with intact, functional floats shall separate the
shallow portion of the aquatic facility from the deep portion at the
breakpoint depth as deemed necessary by the consumer health official.
This line must be securely in place during all hours of facility operation.
(3)
Cyanuric acid use and levels shall be governed by either state aquatic
facility regulations or the most recent adopted version of the Model
Aquatic Health Code created by the Centers for Disease Control and
Prevention. The more restrictive provision shall apply.
(e)
Compliance with local and state regulations regarding backflow prevention
and stormwater control.
(1)
Water introduced into the aquatic facility shall be supplied through
an approved air gap. Any other method of introducing water into the
aquatic facility system must comply with all other city ordinances
and best management practices recommended by the Texas Commission
on Environmental Quality, regardless of the age or pre-existence of
the facility. If any conflict between provisions exists, the more
strict provision shall apply unless a variance from this provision
is granted.
(2)
All backwash and drainage water shall be disposed of into the city
sanitary water system through lines and equipment installed in accordance
with all codes and ordinances adopted by the city and all other relevant
jurisdictions unless said water:
(3)
No backwash or drainage water may be pumped or drained directly to
adjacent public or private property.
(f)
Regulations for all persons in aquatic facilities.
A
person commits an offense if he:
(1)
Has skin abrasions, open sores, skin disease, eye disease, nasal
or ear discharge, diarrhea, or a communicable disease and bathes in
a public or semipublic aquatic facility;
(2)
Alters or removes safety equipment or signage from a public or semipublic
aquatic facility except in an emergency;
(3)
Alters or damages any part of a public or semipublic aquatic facility
enclosure or allows the aquatic facility enclosure to remain unsecured
while the enclosure is under repair;
(4)
Alters or damages drain and/or suction outlet covers or grates;
(5)
Carries glass within a public or semipublic aquatic facility area
or enclosure;
(6)
Allows an animal under his control to enter or remain within the
aquatic facility area or enclosure of a public or semipublic aquatic
facility without approval from the director, unless the animal is
a service animal;
(7)
Interferes with or obstructs the consumer health official while the
consumer health official is in the process of enforcing this division;
(8)
Is the certified pool operator or the person in charge and violates
any provision of this division.
(Ordinance 724-2018 adopted 6/21/18)
