There is hereby adopted by reference Texas Health and Safety Code, title 5, subtitle A, chapter(s) 341.064, 341.0645 and 341.0695, Texas Health and Safety Code, title 1, chapter 1, section 1.005, Texas Health and Safety Code title 9, subtitle A, chapter 757, and the current rules or rules as amended by the executive commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, title 25, chapter 265, subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, title 25, chapter 265, subchapter M), and Pool Yard Enclosures (Texas Health and Safety Code chapter 757).
(1976 Code, sec. 16-55; 1998 Code, sec. 66-121; Ordinance 2011-07-001, sec. 4 (66-121), adopted 7/19/11; 2013 Code, sec. 26-78; Ordinance 2023-21 adopted 10/24/2023)
All definitions in Texas Health and Safety Code chapter 341 and title 25 Tex. Admin. Code sections 265.181–265.208, the department of state health services regulations, Standards for Public Pools and Spas, are hereby adopted. In addition, the following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Certified pool operator
means a person who possesses a valid pool operator’s certificate from a course approved by the city.
City
means the authorized representatives of the city, which shall include the director and representatives of the county public health department.
Director
means the director of the county public health department, who shall be an authorized representative of the city with respect to public pool and spa inspections and permitting.
Pool.
(1) 
The term “pool” means any man-made permanently installed or nonportable 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.
(2) 
The term “pool” does not include a spa or a decorative fountain that is not used as a pool.
Private residential pool
means 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
means 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)
means 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.
Regulatory authority
means the director and representatives of the county public health department.
Spa.
(1) 
The term “spa” means a constructed permanent or portable structure that is two feet or more in depth and that has a surface area of 250 square feet or less or a volume of 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. The term “spa” may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles or any combination thereof. Industry terminology for a spa includes, but is not limited to, the terms “hydrotherapy pool,” “whirlpool,” “hot spa,” “hot tub,” etc.
(2) 
The term “spa” does not include a private residential spa. A spa does not refer to a business establishment, such as a day spa or a health spa.
(1976 Code, sec. 16-56; 1998 Code, sec. 66-122; Ordinance 2011-07-001, sec. 4 (66-122), adopted 7/19/11; 2013 Code, sec. 26-79)
This division is declared a public health measure. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this division shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(1976 Code, secs. 16-63, 16-68; 1998 Code, secs. 66-129, 66-154; Ordinance 2011-07-001, sec. 4 (66-129), adopted 7/19/11; 2013 Code, secs. 26-80, 26-87; Ordinance adopting 2021 Code)
(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.
(b) 
Posting.
A valid permit shall be posted in public view in a conspicuous place at the public swimming pool for which it is issued or on file in a secure area of the permitted facility’s premises.
(c) 
Permits not transferable; change of business ownership.
Permits issued under the provisions of this division 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. The new owner shall notify the city within ten days after assuming ownership of the pool, spa or interactive water feature.
(d) 
Separate permit required for each facility.
A separate permit shall be required for every public pool, spa or interactive water feature except that public pools or spas or interactive water features on a single water filtration system require one permit.
(e) 
Denial of permit.
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; term of permit.
An inspection shall be required annually to qualify for a permit. A permit is valid for one year from the date of issuance.
(g) 
Permit fee.
For public swimming pools/spas, a fee as established by the city council is required annually. Fees are due and payable on or before May 1, and are paid to the county health department at 1800 University Drive, Fort Worth, Texas 76107. A permit fee is not required for pools or spas owned or operated by the city.
(1976 Code, sec. 16-57; 1998 Code, sec. 66-123; Ordinance 2011-07-001, sec. 4 (66-123), adopted 7/19/11; 2013 Code, sec. 26-81; Ordinance adopting 2021 Code)
(a) 
Submission of plans.
Before a public pool’s and/or spa’s and/or interactive water feature’s construction or extensive remodeling 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 phone number and address of the entity primarily responsible for constructing the pool, spa or interactive water feature and the phone number and address of the entity primarily responsible for operating the pool, spa or interactive water feature;
(4) 
A check or money order in the amount established by the city council, payable to the county; and
(5) 
Any necessary additional information necessary to verify compliance.
(b) 
Approval.
The city shall approve plans and specifications that meet the requirements of these rules. 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.
(1976 Code, sec. 16-58; 1998 Code, sec. 66-124; Ordinance 2011-07-001, sec. 4 (66-124), adopted 7/19/11; 2013 Code, sec. 26-82; Ordinance adopting 2021 Code)
(a) 
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 ppm; or
(5) 
Any other imminent health hazards.
(b) 
A “closed” sign shall immediately be posted and the pool, spa or interactive water feature access gate shall be locked until all violations have been corrected.
(1976 Code, sec. 16-59; 1998 Code, sec. 66-125; Ordinance 2011-07-001, sec. 4 (66-125), adopted 7/19/11; 2013 Code, sec. 26-83)
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 times per day;
(2) 
pH: three times per day;
(3) 
Alkalinity: one time per week;
(4) 
Chemicals added: as noted by name, amount and date; and
(5) 
Other information needed to ensure the facility’s proper operation.
(1976 Code, sec. 16-60; 1998 Code, sec. 66-126; Ordinance 2011-07-001, sec. 4 (66-126), adopted 7/19/11; 2013 Code, sec. 26-84)
(a) 
The city may temporarily suspend the permit of a public pool, spa or interactive water feature for noncompliance with state pool, spa or interactive water feature standards, by issuing a written notice for suspension. When a permit is suspended, pool, spa or interactive water feature operations shall immediately cease. A “Closed” sign shall be immediately posted and the pool, spa or interactive water feature access gate shall be locked until any and all violations have been corrected.
(b) 
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 violations prior to final revocation of the permit. The city may end the suspension and reinstate the permit any time if the reasons for suspension no longer exist.
(c) 
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 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, the revocation of the permit becomes final.
(d) 
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 pool and/or spa 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) 
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) 
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) 
Final revocation of a pool and/or spa permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority.
(h) 
Prior to reopening, the owner or operator shall provide the application and fee required by section 7.06.034 if a pool, spa or interactive water feature:
(1) 
Closes voluntarily at the request of the regulatory authority on more than two occasions in one calendar year; or
(2) 
Closes on court order on more than two occasions in one calendar year.
(1976 Code, sec. 16-61; 1998 Code, sec. 66-127; Ordinance 2011-07-001, sec. 4 (66-127), adopted 7/19/11; 2013 Code, sec. 26-85)
(a) 
The person in charge of pool, spa or interactive water feature operations at a class C pool, as defined by the adopted regulations, shall have at least one certified pool, spa or interactive water feature operator employed to maintain the 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) 
In the event that a certified pool, spa or interactive water feature operator is terminated or transferred, the business shall have 60 days from the operator’s termination or transfer date to designate a new certificate holder. This requirement is applicable even if pool, spa or interactive water feature maintenance operations are contracted to an outside company.
(1976 Code, sec. 16-62; 1998 Code, sec. 66-128; Ordinance 2011-07-001, sec. 4 (66-128), adopted 7/19/11; 2013 Code, sec. 26-86)
The city designates the medical director of the county public health department as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department’s function.
(Ordinance 2011-07-001, sec. 4 (66-130), adopted 7/19/11; 2013 Code, sec. 26-88)