There is hereby adopted by reference of the V.T.C.A., Health and Safety Code section 341.064; and the Tex. Admin. Code sections 265.181–265.208, “standards for public pools and spas,” and Tex. Admin. Code section 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 town.
(Ordinance 436-13 adopted 3/14/13)
All definitions in the V.T.C.A., Health and Safety Code chapter 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:
Certified pool operator.
A person who possesses a valid pool operator’s certificate from a course approved by the town.
Director.
Director of the county public health department, who shall be an authorized representative of the town with respect to public pool and spa inspections and permitting.
Pool.
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.
Private residential 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.
Private residential spa.
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).
Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannon in various arrays for the purpose of wetting the persons playing in the spray streams.
Regulatory authority.
The director and representatives of the county public health department.
Spa.
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.
Town.
Authorized representatives of the Town of Edgecliff Village, which shall include the director and representatives of the Tarrant County Public Health Department.
(Ordinance 436-13 adopted 3/14/13)
(a) 
It shall be unlawful for any person to operate a public pool, spa, or interactive water feature in the town without a current and valid pool, spa or interactive water feature permit.
(b) 
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 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 town ordinances and state law before a permit will be issued. The new owner shall notify the town within ten days after assuming ownership of the pool, spa, or interactive water feature.
(d) 
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) 
A permit may be denied if the town, upon inspection, determines that the requestor has failed to comply with approved plans and specifications adopted in accordance with these rules.
(f) 
An inspection shall be required annually to qualify for a permit. A permit is valid for one year from the date of issuance.
(Ordinance 436-13 adopted 3/14/13)
(a) 
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 as listed in the fee schedule found in appendix A of this code payable to Tarrant County, Texas; and
(5) 
And any necessary additional information necessary to verify compliance.
(b) 
The town 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 town.
(Ordinance 436-13 adopted 3/14/13)
(a) 
The town 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) 
The town shall inspect all public pools, spas, or interactive water feature 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 or spa operator’s name and address.
(c) 
A fee shall be required to be paid for the preoperational inspection and, thereafter, on an annual basis and shall be as listed in the fee schedule found in appendix A of this code. Fees shall be paid to Tarrant County Public Health Department at 1101 South Main Street, 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 as listed in the fee schedule found in appendix A of this code.
(Ordinance 436-13 adopted 3/14/13)
(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 Texas 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.
(Ordinance 436-13 adopted 3/14/13)
Daily records for each permitted public pool, spa, or interactive water feature shall be kept on 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.
(Ordinance 436-13 adopted 3/14/13)
(a) 
The town 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 immediately be 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 town, 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 town may end the suspension any time if the reasons for suspension no longer exist.
(c) 
The town 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 town in the performance of its duties. Prior to revocation, the town 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 town 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 and/or interactive water feature 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 6.06.004 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.
(Ordinance 436-13 adopted 3/14/13)
(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 or spa 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 or spa 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.
(Ordinance 436-13 adopted 3/14/13)
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.
(Ordinance 436-13 adopted 3/14/13)
The town 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 436-13 adopted 3/14/13)