The city designates the county health department and its public health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department’s function. Nothing in this article shall be construed to delegate authority or preempt inspection by the city of swimming pools for compliance with the city’s building regulations, this code or other applicable law.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.701)
There are hereby adopted by reference V.T.C.A., Health and Safety Code, section 341.064; Texas Administrative Code, [title 25,] sections 265.181–265.208 (Standards for Public Pools and Spas); and Texas Administrative Code, [title 25,] sections 265.301–265.308 (Interactive Water Features and Fountains). A copy of each shall be kept on file in the official records of the city.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.702)
All definitions in V.T.C.A., Health and Safety Code chapter 341 and title 25, chapter 265, subchapter L of the department of state health services regulations (Standards for Public Pools and Spas) are hereby adopted. In addition, the following definitions shall apply in this article:
Certified pool operator.
A person who possesses a valid pool operator’s certificate from a course approved by the city.
City.
Authorized representatives of the City of Lake Worth, Texas, which shall include the director and representatives of the Tarrant County public health department.
Director.
The director of the Tarrant County public health department, who shall be an authorized representative of the city with respect to public pool and spa inspections and permitting.
Health department.
The Tarrant County public health department.
Pool.
Any man-made permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool.
Private residential pool.
A pool that is located on private property that is intended for use by one single family and their invited guests, located on property used for the placement of a single-family residence.
Private residential spa.
A spa that is located on private property that is intended for use by one single family and their invited guests, located on property used for the placement of a single-family residence.
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 spray streams.
Public pool.
Any pool, other than a private residential pool.
Regulatory authority.
The director and representatives of the Tarrant County public health department.
Spa.
A constructed permanent or portable structure that is two (2) feet or more in depth and that has a surface area of two hundred and fifty (250) square feet or less or a volume of three thousand two hundred fifty (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 does not refer to a business establishment, such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, “hydrotherapy pool,” “whirlpool,” “hot tub,” etc. A spa does not include a private residential spa.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.703)
(a) 
Required.
It shall be unlawful for any person to operate a public pool, spa, or interactive water feature in the city without a current and valid pool, spa, or interactive water feature permit issued by the regulatory authority.
(b) 
Posting.
A valid permit shall be posted in public view in a conspicuous place at the public pool for which it is issued or on file in a secure area of the permitted facility’s premises.
(c) 
Transfer; 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 the city ordinances and state law before a permit will be issued. The new owner shall notify the city within ten (10) days after assuming ownership of the public pool, spa, or interactive water feature.
(d) 
Separate permits required.
A separate permit shall be required for every public pool, spa, or interactive water feature, except that public pools, spas, or interactive water features on a single water filtration system require one (1) permit.
(e) 
Denial.
A permit may be denied if the city, upon inspection, determines that the requestor has failed to comply with approved plans and specifications adopted in accordance with these rules.
(f) 
Inspections; duration of permit.
An inspection shall be required annually to qualify for a permit. A permit is valid for one (1) year from the date of issuance. The regulatory authority shall perform the annual inspections for compliance with the provisions of this article.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.704)
(a) 
Submission of plans.
Before construction or extensive remodeling on a public pool, spa, and/or interactive water feature begins, the person proposing to construct or remodel shall submit an application to the regulatory authority for review and approval. The application shall include:
(1) 
The construction or remodeling plans, under an engineer’s seal, and specifications stating that the proposed construction or remodeling complies with these rules and indicating the proposed layout, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities;
(2) 
The date on or after which proposed construction is to begin;
(3) 
The name, address, and phone number of the entity primarily responsible for constructing the public pool, spa, or interactive water feature and the name, address, and phone number of the entity responsible for operating the public pool, spa, or interactive water feature;
(4) 
A check or money order in the amount set forth in the fee schedule in appendix A of this code for the plan review and opening inspection fee, payable to the county; and
(5) 
Any additional information necessary to verify compliance.
(b) 
Approval.
The city and the regulatory authority shall approve plans and specifications that meet the requirements of this article and all other provisions of this code. No public pool, spa, or interactive water feature shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the city.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.705; Ordinance adopting 2021 Code)
(a) 
Pre-operational inspection.
The city and/or the regulatory authority shall inspect a newly constructed or remodeled public pool, spa, or interactive water feature prior to operation to determine compliance with approved plans and specifications, and with the requirements of these regulations. Requested inspections must be made a minimum of three (3) working days prior to the desired public pool, spa, or interactive water feature opening date.
(b) 
Annual inspection.
The city and/or the regulatory authority shall inspect all public pools, spas, and interactive water features at least once per year. The owner or operator shall request an inspection by permit application providing the public pool, spa, or interactive water feature owner’s name, address, and telephone number and, if different, the public pool, spa, or interactive water feature operator’s name, address, and telephone number.
(c) 
Inspection fee.
A fee, as set forth in the fee schedule in appendix A of this code, shall be required to be paid for pre-operational inspections, and thereafter, on an annual basis. Fees shall be paid to the Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas 76104. Only one permit will be required for a public pool, spa, or interactive water feature connected to a single filtration system. Inspection fees shall be based on the number of filtration systems located at a single address. This fee shall be separate from the fee the city shall collect pursuant to chapter 3 of this code.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.706; Ordinance adopting 2021 Code)
(a) 
Reasons for closure.
A public pool, spa, or interactive water feature shall be closed if any of the following conditions occur:
(1) 
Disinfectant level below the minimums set by the department of state health services;
(2) 
pH below 7.0;
(3) 
Inability to see bottom drain (poor visibility);
(4) 
Chlorine levels above eight (8) ppm; or
(5) 
Any other imminent health hazards.
(b) 
Notice.
A closed sign shall immediately be posted and the public pool, spa, or interactive water feature access gate shall be locked until all violations have been corrected.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.707)
Daily records for each permitted public pool, spa, or interactive water feature shall be kept on the premises and shall include information pertaining to:
(1) 
Disinfectant, three (3) times per day;
(2) 
pH, three (3) times per day;
(3) 
Alkalinity, one (1) time per week;
(4) 
Chemicals added, noted by name, amount, and date; and
(5) 
Other information needed to ensure the facility’s proper operation.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.708)
(a) 
Notice of suspension of permit.
The city may temporarily suspend the permit of a public pool, spa, or interactive water feature for noncompliance with state public pool, spa, or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, public pool, spa, or interactive water feature operations shall immediately cease. A closed sign shall be immediately posted and the public pool, spa, or interactive water feature access gate shall be locked until any and all violations have been corrected.
(b) 
Reinstatement of permit after suspension.
Whenever a notice of suspension is issued by the city, the holder of the permit or the person in charge will be given an opportunity to correct the violation(s) prior to final revocation of the permit. The city may end the suspension any time if the reasons for suspension no longer exist.
(c) 
Revocation of permit.
The city may, after providing notice of pending revocation 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 city in the performance of its duties. Prior to revocation, the city 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 city by the holder of the permit within such ten (10) 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 of the public pool, spa, or interactive water feature operations, or when it is sent by registered or certified mail, return receipt requested, to the address listed on the permit application. 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 public health department.
(g) 
Application for new permit after revocation.
Final revocation of a public pool, spa, or interactive water feature permit shall not prevent the holder of a revoked permit from making written application for a new permit to the regulatory authority.
(h) 
Reopening of closed facility.
Prior to reopening, the owner or operator shall provide the application and fee required by section 6.08.005(a) if a public pool, spa, or interactive water feature:
(1) 
Closes voluntarily at the request of the regulatory authority on more than two occasions in one (1) calendar year; or
(2) 
Closes on court order on more than two (2) occasions in one (1) calendar year.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.709)
(a) 
Required.
The person in charge of public pool, spa, or interactive water feature operations at a class C pool, as defined by the adopted regulations, shall have at least one (1) certified public pool, spa, or interactive water feature operator employed to maintain the public pool, spa, or interactive water feature for each apartment complex or municipal location. The certificate must be kept on the premises to facilitate inspections.
(b) 
Designation of new certificate holder.
In the event that a certified public pool, spa, or interactive water feature operator is terminated or transferred, the business shall have sixty (60) days from the operator’s termination or transfer date to designate a new certificate holder. This requirement is applicable even if public pool, spa, or interactive water feature maintenance operations are contracted to an outside company.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.710)
Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses, or fails to comply with or who resists the enforcement of any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense, and each and every day such violation continues shall constitute a separate offense.
(Ordinance 976 adopted 11/8/11; 2004 Code, sec. 6.711)