For the purpose of regulating pools and spas, Texas Administrative
Code, title 25, Health Services, part I, Department of State Health
Services, chapter 265, General Sanitation, subchapter L, Standards
for Public Pools and Spas, as currently adopted or as may be amended
in the future, is hereby adopted and made a part of this article as
if fully set out herein. Those provisions shall govern all matters
covered therein within the city, except those provisions which may
be in conflict with other provisions of this article or state law,
and may be referred to jointly below as the “standards.”
(Ordinance 080603-A, sec. 1, adopted 12/1/2009)
A structure which contains dressing rooms, showers, and toilet
facilities for use with adjacent public or semi-public spas or pools.
The director of the Waco-McLennan County Public Health District,
or his/her designated representative.
A pool whether installed or constructed before or after October
1, 1999.
The Waco-McLennan County Public Health District.
The person or entity (corporation, partnership, etc.) in
whose name the permit for the pool or spa is issued. A permit may
be issued to the owner or operator of the pool or spa. The owner or
operator is the fee title holder of the property upon which the pool
or spa is located, and/or business manager, complex manager, property
owners’ association manager, rental agent, or other individual
who is in charge of the day-to-day operation or maintenance of the
property. The owner/operator is responsible to ensure that the pool
or spa and associated facilities comply with state and local pool
or spa design, construction, operation, and maintenance standards.
The area immediately around the pool which is usually paved
but may be of wood or another surface.
The person designated by the permit holder to operate or
maintain any pool or spa pursuant to this article.
The Waco-McLennan County Public Health District.
A public or semi-public spa as defined by the standards,
and does not include a residential spa under the control of a property
owner or the owner’s tenant that is intended for use by not
more than two resident families and their guests, including a spa
serving only a single-family residence or a duplex.
A public or semi-public pool as defined by the standards,
and does not include a residential pool under the control of a property
owner or the owner’s tenant that is intended for use by not
more than two resident families and their guests, including a pool
serving only a single-family residence or a duplex.
(Ordinance 080603-A, sec. 2, adopted 12/1/2009)
(a)
A violation of this article shall be a misdemeanor, and the penalty for violating this article shall be as provided for in accordance with section 1.01.009 of this code, and each day a violation exists shall be a separate offense.
(b)
The
provisions of this article are to be cumulative of all other ordinances
or parts of ordinances governing or regulating the same subject matter
as that covered herein.
(Ordinance 080603-A, sec. 10, adopted 12/1/2009; Ordinance adopting Code)
(a)
The
environmental health division of the Waco-McLennan County Public Health
District shall have enforcement responsibility of this article.
(b)
To
defray the reasonable cost of administering this article, the health
district shall require fees to be paid according to the fee schedule
approved by the city council.
(Ordinance 080603-A, sec. 3, adopted 12/1/2009)
(a)
No
person shall operate or maintain a public or semi-public swimming
pool or spa without first obtaining a permit to operate such pool
or spa from the health district, environmental health division. Application
shall be made on a form provided by the environmental health division
and shall be submitted with the applicable permit fee. A separate
application must be filed for each pool or spa circulation system
and each application must be accompanied by the applicable fee. Where
a pool, including wading pool, or spa operate on the same circulation
system, only one permit shall be required. Such permits shall be valid
for one year unless revoked or suspended for cause. Only persons who
comply with these regulations shall be entitled to receive and retain
such permits. The permit shall be posted in conspicuous location visible
to the users of the swimming pool or spa.
(b)
In
order to continue operation of the pool or spa, a permit renewal application
must be filed at least thirty (30) days prior to the expiration of
a permit. If the permit renewal cannot be completed in advance of
the expiration date because of repairs or modifications that are required,
the pool or spa may not be used after the permit expires until the
renewal permit is issued.
(c)
If
a permit for a pool or spa expires and no renewal application is filed
and approved within (3) months of the expiration, the pool or spa
must be drained. If a renewal application is not filed and approved
within twenty-four (24) months, the pool or spa must be filled with
a material approved by the director.
(Ordinance 080603-A, sec. 4, adopted 12/1/2009)
(a)
The
health district shall make such inspections, surveys and investigations,
collect samples of water and other substances found on the premises
of public or semi-public swimming pools or spas, and make or cause
to be made such laboratory analysis as may be necessary to determine
that every swimming pool or spa complies with the standards and requirements
adopted by this article. The health district is authorized and empowered
to enter upon and make inspections of the premises of any public or
semi-public swimming pool or spa while it is in operation or use and
at any other reasonable time. The pool manager of operations, permit
holder, or designee shall assist in any reasonable way with such inspections.
(Ordinance 080603-A, sec. 5, adopted 12/1/2009)
(a)
Every
public or semi-public swimming pool or spa shall be under the supervision
of the permit holder, who shall be responsible for compliance with
all parts of this article relating to maintenance, operation, and
safety. It shall be unlawful for such permit holder to cause or permit
the existence of a condition which is in violation of any part of
this article. All repairs to existing equipment and facilities shall
comply with the standards. Equipment, parts, or materials that are
replaced shall be new and shall comply with the standards.
(b)
A
pool manager may not allow a public or semi-public swimming pool or
spa to be used unless the pool or spa is in compliance with all standards
and has a valid current permit issued by the district.
(c)
All
pumps, filters, disinfectant and chemical feeders, drains, ladders,
lighting, ropes, and appurtenant equipment used in the operation of
all swimming pools, spas, diving towers and water slides shall be
maintained in a good state of repair. The pool or spa shall be closed
immediately whenever glass, food, garbage, human excrement, or any
other unsafe substance is introduced into the water and such substance
creates a hazard to the health or safety of the general public.
(d)
All
swimming pool and spa waters shall be treated and maintained in accordance
with the standards.
(e)
Areas
surrounding a public or semi-public swimming pool, including decks
and fencing, bathhouses, dressing rooms, toilets, shower stalls and
lounging areas, shall be kept clean and in a state of good repair
at all times. The walls, floors, equipment or appurtenant facilities
at a spa or swimming pool must be maintained in a clean and sanitary
condition at all times.
(Ordinance 080603-A, sec. 6, adopted 12/1/2009)
(a)
Safety
features and safety equipment shall be the same as stated in the standards.
(b)
Existing
public or semi-public swimming pool depth and unit markings shall
be plainly marked and must be visible at or above the water surface
on the vertical wall of the swimming [pool] and on the edge of the
deck or walk next to the swimming pool at maximum and minimum depth
points, and at the points of break between the deep and shallow portions
and at intermediate 1-foot increments of depth in the shallow end
and spaced at not more than 25-foot intervals measured around the
entire perimeter of the swimming pool. The depth in the diving areas
will be appropriately marked. These markings shall be made in a permanent
and durable material or manner. If faded or chipped, the markings
shall be replaced or repaired.
(c)
Depth
markers for existing public or semi-public swimming pools shall be
in numerals and letters of four (4) inches minimum height and a color
contrasting with the background. Where depth markers cannot be placed
on the vertical walls above the water level, other means shall be
used, said markings to be plainly visible to persons in the swimming
pool. Any repair to or replacement of depth markings shall comply
with the standards for new pools. These markings shall be made in
a permanent and durable material or manner. If faded or chipped, the
markings shall be replaced or repaired.
(Ordinance 080603-A, sec. 7, adopted 12/1/2009)
Unless a specific provision applies to the contrary, spas as defined in section 6.05.002 shall be subject to the same design and operation criteria which apply to swimming pools as stated in this article and the standards.
(Ordinance 080603-A, sec. 8, adopted 12/1/2009)
(a)
If
a determination is made that the public or semi-public swimming pool
or spa does not comply with the provisions of this article, the health
district shall notify the permit holder of the violations. If the
health district determines that the condition of the pool or spa is
hazardous to the health and safety of the swimmers or of the general
public, the director shall notify the permit holder that the pool
or spa must be immediately closed and the permit is suspended until
all required repairs and modifications are completed and approved
by the health district. A reinspection of the pool will be conducted
during the regular working hours of the health district at the request
of the pool or spa manager of operations or the permit holder. If
compliance has been achieved and the reinspection fee paid, the permit
holder shall be notified that the pool may be reopened and the permit
is reinstated.
(b)
When
the health district has ordered that a pool or spa be closed due to
noncompliance with any provision of this article, the permit holder
shall not allow the pool or spa to be used for swimming, diving, or
bathing purposes and shall immediately take every reasonable step
to prevent the use of such pool for such purposes. Use of the pool
or spa after the health district has ordered such pool or spa to be
closed shall be deemed prima facie evidence that the permit holder
of the pool or spa has knowingly allowed the pool or spa to be used
for such purposes.
(c)
The
director shall suspend a permit to operate a swimming pool or spa,
which includes the suspension of any and all use of said pool or spa,
if any of the following exist:
(1)
The annual permit fee and any other required permits or fees are
not paid;
(2)
The condition of a pool or spa is hazardous to the health or safety
of the general public;
(3)
The permit holder fails to keep all pool or spa equipment and devices
working properly;
(4)
The permit holder fails to maintain correct disinfection levels or
pH levels on two consecutive tests on two different days, or allows
the presence of organisms of the coliform group in any sample on two
consecutive days;
(5)
The permit holder fails to correct minor violations by the next routine
inspection or by any written notice issued under this article.
(d)
The
suspension shall continue until the cause of suspension is corrected
and a reinspection fee to the health district is paid.
(e)
Any
appeal of the decision to suspend a permit by the director may be
appealed to the city manager if said appeal is in writing and made
within five (5) days of the decision of the director. The city manager
may either uphold, reverse, or modify the decision of the director.
The decision of the city manager is final.
(Ordinance 080603-A, sec. 9, adopted 12/1/2009)
(a)
The
fees for the inspection of, issuing a permit, renewing a permit, or
any other fee authorized by ordinance of the city concerning a public
or semi-public swimming pool or spa in the city is hereby set and
established in this section.
(b)
The
Waco-McLennan County Public Health District is hereby authorized to
collect and retain all fees for the inspection of, issuing a permit,
renewing a permit, or any other fee authorized by ordinance of the
city concerning a public or semi-public swimming pool or spa in the
city.
(c)
Swimming
pool and spa fees:
(1)
Swimming pool or spa permit to operate: $100.00 each.
(2)
Wading pool included in pool facility: No additional fee.
(3)
Reinspection fee: $50.00.
(4)
Late permit payment fee: $10.00 per month.
(5)
Copy of the department of state health services Standards for Public
Swimming Pools and Spas (one complimentary copy provided per permit
holder): $3.00.
(Ordinance 010605-B adopted 6/5/2001)
