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:
A person who possesses a valid pool operator’s certificate
from a course approved by the city.
Authorized representatives of the City of Lake Worth, Texas,
which shall include the director and representatives of the Tarrant
County public health department.
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.
The Tarrant County public health department.
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.
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.
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.
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.
Any pool, other than a private residential pool.
The director and representatives of the Tarrant County public
health department.
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:
(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:
(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)
