The city adopts by reference the provisions, as amended, of Texas Health and Safety Code, title 5 Sanitation and Environmental Quality, subtitle A Sanitation, chapter 341 Minimum Standards of Sanitation and Health Protection Measures, sections 341.064, 341.0645 and 341.0695; Texas Health and Safety Code, title 1 General Provisions, chapter 1 General Provisions, section 1.005; and Texas Health and Safety Code, title 9 Safety, subtitle A Public Safety, chapter 757 Pool Yard Enclosures. In addition, the city adopts by reference the latest rules, as amended, adopted 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) and Public Interactive Water Features and Fountains (Texas Administrative Code, title 25, chapter 265, subchapter M).
(Ordinance 039-2023 adopted 11/13/2023)
Authorized agent or employee.
The employees of the health authority.
City.
The City of Haslet, Texas.
Health authority.
The medical director of the Tarrant County Public Health Department.
Public swimming pool.
An artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports, or therapeutic purposes. The term does not include an artificial swimming lagoon or a body of water open to the public that continuously recirculates water from a spring.
Semi-public swimming pool.
An artificial body of water, including a spa, maintained and operated expressly for and in conjunction with hotels, motels, apartments, condominiums, bed and breakfasts or similar lodgings.
State rules.
The state rules found at in the latest edition of the Texas Administrative Code, title 25 Health Services, part 1 Department of State Health Services, chapter 265, subchapter L, Public Swimming Pools and Spas, or other regulation cited in section 6.05.001, herein.
(Ordinance 039-2023 adopted 11/13/2023)
A person may not operate a public or semi-public swimming pool or spa within the corporate limits of the city without a permit issued by the health authority. Permits are not transferable from one person or entity to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be visibly posted in or on every swimming pool or spa regulated by this article.
(Ordinance 039-2023 adopted 11/13/2023)
(a) 
Any person desiring to operate a public or semi-public swimming pool or spa must make a written application for a permit on forms provided by the health authority. The application must contain the name and address of each applicant, the location and type of the proposed swimming pool or spa and the applicable fee. 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 health authority shall inspect the proposed swimming pool or spa to determine compliance with state laws and rules. A swimming pool or spa that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(c) 
Fees for permits issued under this article shall be issued by the health authority, who shall be authorized to collect said fees, which shall be enforceable within thirty (30) days of approval by the Tarrant County Commissioner's Court.
(Ordinance 039-2023 adopted 11/13/2023)
(a) 
Before a permit is issued, the health authority shall inspect and approve the swimming pool or spa. An inspection of a swimming pool or spa shall be performed at least once annually.
(b) 
Refusal of an owner, manager or employee to allow the authorized representative of the health authority, upon presentation of credentials, to inspect any permitted swimming pool or spa during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per section 6.05.007.
(Ordinance 039-2023 adopted 11/13/2023)
When required under state rules, each swimming pool or spa must be maintained under the supervision and direction of a properly trained and certified operator.
(Ordinance 039-2023 adopted 11/13/2023)
(a) 
The health authority may, without warning, notice, or hearing suspend any permit to operate a swimming pool or spa if the operation of the swimming 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, the swimming pool or spa shall immediately be closed to the public. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten 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 health authority 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 health authority may end the suspension at any time if reasons for suspension no longer exists.
(Ordinance 039-2023 adopted 11/13/2023)
(a) 
The health authority 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 health authority in the performance of its duties. Prior to revocation, the health authority 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 health authority 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.
(Ordinance 039-2023 adopted 11/13/2023)
(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 as shown on their permit application. A copy of the notice shall be filed in the records of the health authority.
(b) 
The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the health authority shall make final findings, 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 health authority.
(Ordinance 039-2023 adopted 11/13/2023)
(a) 
Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a swimming pool or spa that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined not more than two thousand dollars ($2,000.00).
(b) 
The health authority may seek to enjoin violations of these rules.
[Ordinance 039-2023 adopted 11/13/2023]