[1]
Editor's note–Former article VI, sections
22.85–22.99 pertaining to public and semi-public swimming pools,
was amended and replaced with similar provisions by Ordinance 7514 adopted 3/19/2024. Prior to the replacement this article derived from the
following: Ordinance 6125, sec. 3, adopted 5/1/07; Ordinance 6330, secs. 16–17, adopted 7/21/09; Ordinance 6534, sec. 7, adopted 4/3/12; Ordinance 7252 adopted 9/14/21; Ordinance
7363 adopted 9/6/2022.
(A)
Abandoned.
Director.
Existing pool.
Extensively remodeled.
Neglected.
Operator.
Person.
PIWF.
Pool enclosure.
Semi-public pool.
Spa.
Swimming pool nuisance.
TAC
As used is this article, the following terms shall have the definitions
given them in this section:
A public or semi-public swimming pool, spa, or PIWF that
has not possessed a valid permit to operate issued by the health department
for a period of three hundred sixty-five (365) days or more.
The director of the health department of the city or their
designated representative.
A pool or spa that was constructed prior to March 19, 2024.
Replacement of facility components or modification of the
pool, spa, or PIWF so that the design, configuration, capacity, or
operation differs from the original design, configuration, capacity,
or operation. This term does not include the normal maintenance and
repair of a pool or spa or PIWF or a water circulation system or the
partial replacement of circulation system equipment if the size, type,
or operation of the equipment is not substantially different from
the original equipment. This definition shall supersede the one at
25 Texas Administrative Code § 265.302(28).
A public or semi-public pool or spa that has constituted
a swimming pool nuisance for more than thirty (30) days.
The person who is in control of the property upon which a
public or semi-public swimming pool is located.
Any individual, firm, partnership, association, corporation,
governmental agency, club, or organization of any kind.
A public interactive water feature.
The area immediately around a pool enclosed by a fence, wall, or other solid structure which complies with Article X, "Fences," of chapter 30, "Building Inspection," of this Code, and chapter 757, "Pool Yard Enclosures," of the Texas Health and Safety Code.
A pool that is privately owned and open only to an identifiable
class of persons, including, but not limited to, motel guests, apartment
residents, and club members.
A constructed permanent or portable structure that is 2 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.
A public or semi-public pool or spa with one or more of the
following conditions: insufficient water clarity, improperly maintained
pool enclosure, source of mosquito breeding, or failure to comply
with the safety provisions of this article.
The Texas Administrative Code.
(B)
The definitions set forth in 25 Tex. Admin. Code § 265.182
and 25 Tex Admin. Code § 265.302 are incorporated herein
by reference. In the event of a conflict between a definition in the
TAC and a definition in this article, the definition in this article
shall control.
(Ordinance 7514 adopted 3/19/2024)
(A)
Evaluations.
The director may evaluate a public or semi-public
pool, spa, or PIWF at any reasonable time and has authority to enter
upon the premises where a pool, spa, or PIWF is located to the extent
necessary to make a full evaluation. The director shall have the authority
to collect water samples for the purpose of determining water quality
as described in 25 TAC subchapter L and subchapter M. The operator
of a pool, spa, or PIWF shall provide a key or lock combination to
provide complete access to all pool enclosures and equipment to the
director if there are no on-site personnel.
(B)
Enforcement.
Enforcement of the rules and the provisions
of this article shall be by the director, or their duly appointed
representative. Any references in the rules to regulatory authority
or local regulatory representative shall mean the director, or his
duly appointed representative.
(Ordinance 7514 adopted 3/19/2024)
(A)
No owner, operator, or person in control of a public or semi-public
swimming pool, spa, or PIWF shall allow any person to use the pool,
spa, or PIWF unless a valid health permit to operate has been issued
by the health department. Permits are not transferable. The owner,
operator, or person in control of a pool, spa, or PIWF shall post
the valid permit for public view and shall make the permit available
for inspection by the director at all times. Such permit expires annually
the first day of March unless suspended or revoked for cause as prescribed
in this article.
(B)
Applications for a permit to operate public or semi-public swimming
pool, spa, or PIWF shall be made to the health department on forms
provided by that department. The applicant shall complete the application
in its entirety.
(C)
Inspections.
Prior to the issuance of an annual operating
health permit for a public or semi-public swimming pool, spa, or PIWF,
at least one pre-opening inspection must be conducted.
(D)
Time for inspections.
The operator of any public or
semi-public pool, spa, or PIWF shall notify the director of the date
intended for the initial opening for the season. If operations are
yearround, the operator shall request an inspection shall be made
and said inspection conducted before March 1. An evaluation will be
made at that time to determine compliance with this article. The operator
shall not allow operation or use of a pool, spa, or PIWF prior to
obtaining a valid permit.
(Ordinance 7514 adopted 3/19/2024)
(A)
If it is determined by the director that the operation or maintenance
of the public or semi-public pool, spa, or PIWF facility constitutes
a serious health or safety hazard for users, as specified in 25 TAC
265 subchapter L and/or subchapter M or herein, the director shall
have the authority to temporarily suspend or deny a permit to operate
a public or semi-public pool, spa, or PIWF.
(B)
A public or semi-public swimming pool, spa, or PIWF shall be temporarily
closed for use whenever any of the following conditions occur and
shall not be reopened for use until the condition has been brought
into compliance and the appropriate reinspection fee paid, and a reinspection
conducted by the director verifies that all hazardous conditions have
been eliminated, such as:
(1)
The amount of a residual disinfectant and/or pH for a pool or
spa is less than, or greater than, the minimum and/or maximum amounts
specified in Figure: 25 TAC § 265.193(c));
(2)
The amount of a residual disinfectant and/or PH for a PIWF is
less than, or greater than, the minimum and/or maximum amounts specified
in Figure: 25 TAC § 265.306(c);
(3)
If any of the suction outlet covers are expired, loose, missing,
damaged and/or of a nonapproved antivortex design;
(4)
The clarity of the water does not comply with the provisions
in 25 TAC § 265.193(e);
(5)
The temperature of spa water is greater than 104 degrees Fahrenheit;
(6)
There is malfunction or nonfunction of the recirculation system
and/or the automatic disinfectant feeder(s);
(7)
When no lifeguard is present, any entrance or exit gate not
self-closing and self-latching, or gaps in the pool enclosure that
would allow the passage of a 6-inch sphere;
(8)
The swimming pool, spa, or PIWF does not conform to the construction
permit plans as it pertains to life safety compliance;
(9)
The presence of vomitus or fecal matter in the pool, spa, or
PIWF;
(10)
No operable emergency telephone;
(11)
The absence of rescue equipment as specified in 25 TAC § 265.190(g);
(12)
The annual permit fee or follow-up evaluation fees are not paid;
(13)
The permit holder or pool operator prohibits the director from
conducting a lawful inspection; or
(14)
The permit holder or pool operator provides false information
to the director or provides falsified documentation on chemical testing
records to the director.
(C)
The director, upon determination that the public or semi-public pool,
spa, or PIWF does not comply with the provisions of this article shall
make reasonable efforts to notify the certified operator of the violation(s)
and place, on the primary gate leading to the pool, spa, or PIWF,
a sign notifying patrons of pool closure. The director may, based
on the nature and extent of the violation(s) present, affix a lock
or similar closing mechanism on the gate(s) leading to the pool.
(D)
The director will conduct a reinspection of the pool during regular
working hours of the health department at the request of the certified
operator. If compliance has been achieved, the certified operator
shall be notified that the pool is then reopened and the director
shall remove the closure notification and/or any closure mechanisms.
(Ordinance 7514 adopted 3/19/2024)
The city adopts title 25, "Health Services," part I, "Department
of State Health Services," chapter 265, "General Sanitation," subchapters
L, "Public Swimming Pools and Spas," and M, "Interactive Water Features
and Fountains", of the Texas Administrative Code. Unless deleted,
amended, expanded, or otherwise changed herein, all provisions of
these provisions of the Texas Administrative Code shall be fully applicable,
binding, of full force and effect within the city.
(Ordinance 7514 adopted 3/19/2024)
(A)
In accordance with 25 Tex. Admin. Code § 265.181(g) and
25 Tex. Admin. Code § 265.301(c), the city has adopted standards
different from and equivalent to or more stringent than those set
forth in the TAC. To the extent any of the amendments contained herein
conflict with those of the Texas Administrative Code, the amendments
shall control.
(B)
The following amendments are made to the TAC:
(1)
25 Tex. Admin. Code § 265.183 is amended in pertinent
part to read as follows:
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(a)
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No person shall hereafter construct, extensively remodel, or
replace equipment for which a mechanical, plumbing, or electrical
permit is required for a public or semi-public pool, spa, or PIWF
without having first obtained a building permit from the City of Garland
Building Inspection Department. Prior to the issuance of a building
permit for the construction of a new pool, spa, or PIWF, the remodel
of an existing pool, spa, or PIWF, properly prepared plans and specifications
for such construction or remodeling shall be submitted to the regulatory
authority for review and approval.
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(1)
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Plans submitted for review must contain the following: Plans
must be drawn to scale and include both a top view and a side cross
section view. All dimensions and specifications required by code must
be referenced on the plans. A registered professional engineer or
architect must confirm, by letter and seal, that the pool was designed
and will be constructed in compliance with title 25, chapter 265,
subchapters L and M of the TAC.
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(2)
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Prior to health department approval for a newly constructed
or remodeled public or semi-public swimming pool, spa, or PIWF, the
following inspections shall be conducted by the director: (a) after
plumbing is completed, but before gunite; (b) prior to filling, but
after the pool enclosure is present; and (c) a final preopening or
preoperational inspection. These inspections are to verify that the
pool, spa, or PIWF is constructed in accordance with all approved
plans and requirements, and the water chemistry complies with the
requirements set forth in this article, prior to its opening and use
by the public. Prior to permit issuance, a registered professional
engineer or architect must confirm, by letter and seal, that the pool
was constructed in compliance with Title 25, chapter 265, subchapters
L and M of the TAC.
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. . .
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(c)
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Accepted practice for pools, spas, or PIWFs. The structural
design and materials for pools, spas, or PIWFS constructed before
the effective date of this subchapter must be in accordance with accepted
industry engineering practices and methods prevailing at the time
of original construction unless otherwise stated in this subchapter.
Pools, spas, and PIWFs shall be constructed of materials that are
impervious, cleanable, and permanent.
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(2)
25 Tex. Admin. Code § 265.185 is amended to read as
follows:
(a)
A pump for a pool or spa must not be operated if the owner or
operator of the pool or spa knows or should know in the exercise of
ordinary care that the drain grate, suction outlet, or any suction
outlet cover is missing, broken, or loose. If such a condition exists,
the pool or spa must be closed and remain closed until corrected.
(b)
A replacement suction drain cover with fasteners meeting the
manufacturer's specifications must be kept on site. The replacement
suction drain cover with fasteners meeting the manufacturer's
specifications shall be identical to the drain cover(s) in use and
a copy of the manufacturer's specifications for the drain cover
in use shall be kept on site and be available for inspection. This
subsection does not apply to grates that are 24 inches or larger,
measured diagonally. Installation date of suction drain covers shall
be maintained on site and provided to the regulatory authority upon
request.
(c)
All pools, spas, and PIWFS shall be equipped with the following:
(1)
A pump suction (vacuum) gauge installed as close to the suction
side of the pump as possible without sacrificing efficiency.
(2)
A filter inlet pressure gauge installed in the area of greatest
pressure.
(3)
A filter outlet gauge.
(4)
A functional rate of flow meter, located to accurately indicate
the rate of flow through the filter in gallons per minute. The flow
meter shall be accurate to within ten percent (10%) of true flow and
shall be easy to read.
(d)
Exposed piping in all pools and spas and PIWFs shall be labeled
to identify the piping function and direction of flow. The name of
the liquid or gas and arrows indicating direction of flow, shall be
permanently indicated on the pipe.
(3)
25 Tex. Admin. Code § 265.186(a) is amended to read
as follows:
(a)
Licensed electrician required.
(1)
Installation, maintenance, repairs, and replacement of electrical
systems.
The electrical system of a pool or spa and structures in the pool yard or spa yard must be installed, maintained, repaired, or replaced by a licensed electrician in accordance with the Texas Electrical Safety and Licensing Act, Texas Occupations Code, chapter 1305 and related rules. Any electrical work must be permitted as required in chapter 30 of the Garland Code of Ordinances.
(2)
Annual certification requirements.
A certification
letter signed by a licensed electrician in accordance with the Texas
Electrical Safety and Licensing Act, Texas Occupations Code, chapter
1305 and related rules, shall be provided annually. The letter must
certify that the electrical system meets all applicable electrical
requirements as of the original date of the electrical system's
installation. The certification letter must be submitted with the
annual application for a permit to operate the pool or spa.
(4)
25 Tex. Admin. Code § 265.189(g)(1)
is amended to read as follows:
(1)
Automatic distribution of chemicals.
Required
ranges of disinfectant shall be maintained by an automatic continuous
feeder. When using automatic feeders, automated controllers that adjust
chemical feed based on demand or manually, or remotely managed controllers
for pool and spa disinfection and pH control, must be installed. Automatic
feeders must meet NSF Standard 50 for use in public pools and spas
and must operate in a manner that does not invalidate the NSF rating
for the system and equipment.
(5)
25 Tex. Admin. Code § 265.190(a)(3)(A)
is amended in pertinent part to read as follows:
(A)
A rope and float line shall also be used in addition to the
transition line and must be provided between 1 and 2 feet on the shallow
water side of the 5-foot depth. The floats must be spaced at not greater
than 7-foot intervals and secured so they will not slide or bunch
up. The stretched rope and float line must be a size to offer a good
handhold and strong enough to support loads normally imposed by users.
(6)
25 Tex. Admin. Code § 265.190 is amended by creating
a new subsection (k) which shall read as follows:
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(k)
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Diving equipment and other water entry devices shall be installed
according to the manufacturer's instructions and specifications
and shall meet all applicable national standards. A certification
letter shall be provided from the manufacturer or an installer stating
that the equipment meets all applicable standards and is suitable
for the specific pool type.
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(7)
25 Tex. Admin. Code § 265.192 is amended by creation
of a new subsection (i) which shall read as follows:
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(i)
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Overhead electrical service wires and other electrical wires
and lighting shall not pass within twenty (20) feet of the pool enclosure.
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(8)
25 Tex. Admin. Code § 265.194 is amended by creation
of new subsections (u) and (v) which shall read as follows:
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(u)
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All surfaces within the pool, spa, or PIWF enclosure, including
the pool, spa, and PIWF, the deck, and any other areas, shall be kept
in good repair. All pool, spa, and PIWF surfaces shall be cleanable.
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(v)
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Restrooms adjacent to or within the pool or spa enclosure shall
be equipped with dispensed paper towels or a hand drying device.
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(9)
25 Tex. Admin. Code § 265.198 is amended by creation
of a new subsection (d) which shall read as follows:
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(d)
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It shall be unlawful for any person to remove, deface, cover,
or render unreadable a pool closure sign posted by the health authority.
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(10)
25 Tex. Admin. Code 265.302(28), defining "extensively remodeled,"
shall be superseded by the definition set forth in this article.
(Ordinance 7514 adopted 3/19/2024)
(A)
It shall be unlawful to cause, suffer or permit an abandoned semi-public
or public pool or spa to exist within the city.
(B)
When the director has confirmed the existence of an abandoned or
neglected semi-public pool or spa, the owner, manager, or operator
shall be issued, in writing, a list of control measures that will
gain compliance with this article. The control measures, and the compliance
period for their completion, will be contained in a written health
order.
(Ordinance 7514 adopted 3/19/2024)
(A)
It shall be unlawful for any person to enter a pool or spa or PIWF
within fourteen days of having diarrhea caused by infection.
(B)
It shall be unlawful for any person to allow a minor under the custody
and control of that person to enter a pool or spa or PIWF within fourteen
days of having diarrhea caused by infection.
(Ordinance 7514 adopted 3/19/2024)
It shall be unlawful for any person to interfere with or hinder
the regulatory authority in the exercise of its duties under this
article.
(Ordinance 7514 adopted 3/19/2024)
(A)
The International Swimming Pool and Spa Code ("ISPSC"), 2021 edition,
is hereby adopted by reference, but only to the extent set forth in
25 Tex. Admin. Code § 265.181(c) — (d). A copy shall
be kept on file in the office of the city secretary. Unless deleted,
amended, expanded, or otherwise changed herein, these provisions of
the ISPSC shall be fully applicable, binding, of full force and effect
within the city.
(Ordinance 7514 adopted 3/19/2024)
The following amendments are made to the ISPSC (2021 edition):
(1)
Section 305.1, General, shall be amended to read as follows:
"Section 305.1 General. The provisions
of this section shall apply to the design of barriers for restricting
entry into areas having pools and spas."
(2)
Section 305.5, Onground residential pool structure as a barrier,
shall be deleted in its entirety.
(3)
Section 318.3, Over-the-rim spouts, shall be amended to read as follows:
"318.3 Over-the-rim spouts. Over-the-rim
spouts shall be located under a diving board, adjacent to a ladder,
or otherwise shielded so as not to create a hazard. The open end of
such spouts shall not have sharp edges, shall have a soft pliable
end, and shall not protrude more than 2 inches (51 mm) beyond the
edge of the pool. The open end shall be separated from the water by
an air gap of not less than 1.5 pipe diameters measured from the pipe
outlet to the rim.
(Ordinance 7514 adopted 3/19/2024)
Unless contradicted elsewhere in this article, all public and
semi-public swimming pools, spas, and PIWFs shall be subject to the
rules in place at the time of their original construction.
(Ordinance 7514 adopted 3/19/2024)
(B)
No fee shall be charged to any public or semi-public swimming pool,
spa, or PIWF operated by a governmental agency, independent school
district, institution of purely public charity, church, or homeowner
association; however, such establishments shall comply with all other
requirements of this article.
(C)
Each evaluation performed pursuant to this article shall result in a follow-up evaluation if any violations of this article remain uncorrected at the conclusion of the initial evaluation. The first follow-up evaluation shall be performed at no cost to the swimming pool operator. Any subsequent follow-up evaluations shall result in the assessment of a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. The follow-up evaluation fee shall be paid prior to performance of the evaluation. When an initial evaluation reveals that no violations of this article exist, the person who operates the swimming pool, spa, or PIWF shall be credited one follow-up evaluation fee amount toward the next annual permit fee.
(Ordinance 7514 adopted 3/19/2024)
