The regulations set forth in 25 Texas Administrative Code, chapter 265, subchapter L, as amended from time to time (Standards for Public Pools and Spas), and chapter 757, Texas Health and Safety Code, as amended from time to time (Standards for Pool Yard Enclosures) are hereby adopted as regulations of the city to govern the design, construction, and operation of pools and spas; and each and all of the standards for public pools and spas and the standards for pool yard enclosures are hereby referred to, adopted and made a part of this section as if fully set out herein, except as amended by this article.
(1995 Code, sec. 47.001)
The applicability of this article shall be as set forth in section 265.181 [of 25 Texas Administrative Code, subchapter L], Standards for Public Pools and Spas, as amended from time to time.
(1995 Code, sec. 47.002)
(a) 
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits, shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b) 
Upon the request of the city council, the city attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages as appropriate.
(1995 Code, sec. 47.010)
(a) 
Whenever a pool or spa is constructed or remodeled, properly prepared plans and specifications for such construction or remodeling shall be submitted to the city for review before work is begun. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans, the type and model of proposed fixed equipment and facilities, and any additional information required by the city. The plans and specifications will be approved by the city if they meet the requirements of the rules adopted by this article and other applicable state laws and the city Code of Ordinances. The approved plans and specifications must be followed in construction or remodeling of the pool or spa.
(b) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation and the denial of a certificate of occupancy.
(1995 Code, sec. 47.005)
(a) 
Upon completion of the construction or remodel of the pool or spa, the person in control of the pool, as demonstrated by the permit application, shall cause the pool or spa to be inspected for compliance with the approved plans and specifications, this article and applicable state law and the Code of Ordinances.
(b) 
A certificate of occupancy shall be issued if the pool or spa passes the inspection required by this article.
(c) 
The pool or spa may not be used or operated until said pool or spa has passed inspection and a certificate of occupancy has been issued for said pool or spa.
(d) 
The fee schedule for inspections and the certificate of occupancy required by this section is set forth in the fee schedule in appendix A of this code.
(1995 Code, sec. 47.006)
A person may not operate or use a pool or spa or allow such pool or spa to be used without a permit issued by the city. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article.
(1995 Code, sec. 47.003)
(a) 
Any person desiring to operate a pool or spa must make a written application for a permit on forms provided by the city. The application must contain the name and address of each applicant, the location of the pool or spa, the number of pools or spas, the applicable fee, and any other information required in the written application. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required, may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.
(b) 
Prior to the approval of an initial permit or the renewal of an existing permit, the city shall inspect the pool or spa to determine compliance with state laws and rules, the city Code of Ordinances, and this article. A pool or spa that does not comply with state laws and rules, the city Code of Ordinances, or this article will be denied a permit or the renewal of a permit.
(c) 
The fee schedule for permits issued under this article is set forth in the fee schedule in appendix A of this code.
(1995 Code, sec. 47.004)
(a) 
The city may, without warning, notice, or hearing, suspend any permit to operate a pool or spa if the operation of the pool or spa constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, use of the pool or spa shall immediately cease. The person in control of the pool or spa, as demonstrated by the permit application, shall continually post or cause to be posted notice in a visible location at the pool or spa that said pool or spa may not be used and shall otherwise deny access to the pool or spa until the permit is reinstated. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
(b) 
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The city may end the suspension at any time if reasons for suspension no longer exist.
(1995 Code, sec. 47.007)
(a) 
The city may, after providing 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 the ten 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-day period.
(b) 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(1995 Code, sec. 47.008)
(a) 
A notice as required 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 city.
(b) 
The hearings provided for in these rules shall be conducted by the city manager at a time and place designated in the notice. The city manager’s decision may be appealed to the city council within ten days of written notice of the city manager’s decision. If no written request for an appeal is filed within ten days, the city manager’s decision will be final. The city council shall conduct a hearing to determine the issues stated in the written appeal. At the hearing the formal rules of evidence do not apply. The city council shall make its decision on the basis of preponderance of the evidence presented at the hearing. The city council may modify, overturn, or uphold the city manager’s decision. The decision of the city council shall be final.
(1995 Code, sec. 47.009)