There is hereby adopted by reference of the V.T.C.A., Health
and Safety Code § 341.064; Tex. Admin. Code §§ 265.181—265.208,
"Standards for Public Pools and Spas," and Tex. Admin. Code §§
265.301—265.308 "Public Interactive Water Features and Fountains".
A copy of each shall be kept on file in the official records of the
city.
[Ord. No. 1247-13, 5-21-2013]
All definitions in the V.T.C.A., Health and Safety Code ch.
341 and Title 25, Chapter 265, Subchapter L of the Texas 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 Richland Hills,
which shall include the director and representatives of the Tarrant
County Public Health Department.
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.
Any manmade 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.
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.
The director and representatives of the Tarrant County Public
Health Department.
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. 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 spa," "hot tub," etc. A spa does not include a private residential
spa.
[Ord. No. 1247-13, 5-21-2013]
(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)
Nontransference
(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 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)
Multiple
permits.
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
for permits.
An inspection shall be required annually
to qualify for a permit. A permit is valid for one year from the date
of issuance.
[Ord. No. 1247-13, 5-21-2013]
(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 that 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 of $150.00 payable to Tarrant
County, Texas; 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.
[Ord. No. 1247-13, 5-21-2013]
(a)
Preoperational
inspections.
The city 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 working days prior to the desired
opening date.
(b)
Inspections.
The city 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 pool, spa
or interactive water feature owner's name and address and, if different,
the pool, spa or interactive water feature operator's name and address.
(c)
Inspection
fees.
A fee, as set forth in the city's fee ordinances,
shall be required to be paid for preoperational inspections and, thereafter,
on an annual basis. Fees shall be paid to 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.
Inspection fees for single filtration systems shall be $250.00 each.
[Ord. No. 1247-13, 5-21-2013]
(a)
A public
pool, spa or interactive water feature shall be closed if any of the
following conditions occur:
(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.
[Ord. No. 1247-13, 5-21-2013]
Daily records for each permitted public pool, spa or interactive
water feature shall be kept on-premises and shall include information
pertaining to:
(a)
Disinfectant—Three
times per day;
(b)
pH—Three
times per day;
(c)
Alkalinity—One
time per week;
(d)
Chemicals
added—As noted by name, amount and date; and
(e)
Other
information needed to ensure the facility's proper operation.
[Ord. No. 1247-13, 5-21-2013]
(a)
Notice
of suspension.
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)
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 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)
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 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)
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
Tarrant County Health Department.
(g)
Application
after revocation.
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)
Closed
pool, spa or interactive water feature.
Prior to reopening,
the owner or operator shall provide the application and fee, required
as listed in review of plans and specifications, if a pool, spa or
interactive water feature:
[Ord. No. 1247-13, 5-21-2013]
(a)
Requirement.
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-premises to facilitate inspections.
(b)
Termination
of certified pool, spa or interactive water feature operator.
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.
[Ord. No. 1247-13, 5-21-2013]
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 article shall be fined not more than
$2,000.00 for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
[Ord. No. 1247-13, 5-21-2013]
The city designates the Medical Director of the Tarrant County
Public Health Department as its health authority for the purpose of
insuring minimum standards of environmental health and sanitation
within the scope of that department's function.
[Ord. No. 1247-13, 5-21-2013]
If any section, subsection, sentence, clause, phrase, or portion
of this article is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this article.
[Ord. No. 1247-13, 5-21-2013]
The provisions of this article shall take effect from and after
its passage and publication as required by law, and it is so ordained.
[Ord. No. 1247-13, 5-21-2013]
The 2012 Edition of the International Swimming Pool and Spa
Code is hereby adopted as the official swimming pool and spa code
of the City of Richland Hills, Texas. This swimming pool and spa code
is fully incorporated by reference as though copied into this Code
of Ordinances in its entirety. The material contained in the International
Swimming Pool and Spa Code shall not be included in any formal municipal
codification of ordinances but shall be maintained as a public record
in the office of the city secretary and will be available for public
inspection and copying during regular business hours.
[Ord. No. 1262-14, § 2, 2-18-2014]
The 2012 Edition of the International Swimming Pool and Spa
Code is amended as follows:
(a)
Section 107.2; change to be and read as follows:
107.2 Notice of violation. The code official
may serve a notice of violation or order to the person responsible
for the erection, installation, alteration, extension, repair, removal
or demolition of work in violation of the provisions of this code,
or in violation of a permit or certificate issued under the provisions
of this code. Such order shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
(b)
Section 107.4; change to be and read as follows:
107.4 Violation penalties. Whether or not notice
has been provided pursuant to Section 107.2, any person who shall
violate a provision of this code or shall fail to comply with any
of the requirements thereof or who shall erect, install, alter or
repair an aquatic vessel in violation of the approved construction
documents or directive of the code official, or of a permit or certificate
issued under the provisions of this case, shall be guilty of a misdemeanor
as provided by the Code of Ordinances, City of Richland Hills. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
[Ord. No. 1262-14, § 2, 2-18-2014]
