ATTACHMENTS
Attachment 1 - 2004 Standards for Public Pools and Spas Amendments
(a) 
Adopted.
That a certain document, a copy of which is on file in the office of the city secretary of the city, being marked and designated as 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, 2004 edition, be hereby adopted as the Public Swimming Pools and Spas Code for the City of Irving, in the State of Texas; for the control of public swimming pools, hot tubs, and spas as herein provided; and that each and all regulations, provisions, penalties, conditions and terms of said Public Swimming Pools and Spas Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, save and except, however, such portions as are hereafter modified in subsection (b) of this section.
(b) 
Amendments, modifications and deletions.
The 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, 2004 edition, is amended as follows: [1]
[1]
Editor's note—The amendments to the 2004 Standards for Public Pools and Spas are included as an attachment to this chapter.
(Ordinance 8145, § 1, adopted 4/3/2003; Ordinance 8476, § 1, adopted 5/12/2005)
The provisions of this chapter are not intended to prevent the use of any material, method of construction or design not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the director.
(Ordinance 8145, § 1, adopted 4/3/2003; Ordinance 8476, § 1, adopted 5/12/2005)
(a) 
Pools, hot tubs or spas that are not being maintained in accordance with this chapter and present a danger to the life, health or safety of any person shall be drained of all water by the owner or operator and the owner or operator shall either:
(1) 
Fracture the shell and fill with dirt or sand that is not capable of holding water; or
(2) 
Cover with a material of sufficient strength, durability and water tightness to prevent the entrance of water or people.
(b) 
A pool that remains drained of water for one hundred eighty (180) days and not covered as provided by subsection (a)(2) above is presumed to be no longer maintained as a swimming pool.
(c) 
It shall be an affirmative defense to this section that the pool is in the process of actively being brought into compliance with this chapter.
(d) 
When the director finds any pool, hot tub or spa that is not being maintained in accordance with this chapter and presents a danger to the life, health or safety of any person, then the director shall be authorized to have said pool, hot tub or spa drained of all water and either the shell fractured and filled with dirt or sand that is not capable of holding water or covered with a material of sufficient strength, durability and water tightness to prevent the entrance of water or people, if the owner fails to do so, ten (10) days after notice is given to do so, or the owner is unable to be located to perform such work. Any expenses incurred by the city in doing or having the work done shall be assessed on the real estate upon which such expense is incurred. On filing with the county clerk of Dallas County a statement by the director of such expenses, the city shall have a lien thereon to secure the expenditure so made and ten (10) percent interest per annum on the amount from the date of such payment. For any such expenditures, and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements. Notice shall be sufficient if sent via postage paid certified mail to the last known address of those to be notified.
(Ordinance 8145, § 1, adopted 4/3/2003; Ordinance 8476, § 1, adopted 5/12/2005)
(a) 
An owner/operator shall not operate a pool, hot tub, or spa without a current permit. An application provided by the director must be completed each year in order to receive a permit.
(b) 
A permit fee shall be paid annually and is due on the anniversary date each year.
(c) 
Fees for each pool, hot tub, or spa on the premises under the control of the owner/operator:
(1) 
All new permits—Two hundred dollars ($200.00) (does not include the plan review fee);
(2) 
If renewing the permit within thirty (30) days after the expiration date, the fee shall be two hundred dollars ($200.00); and
(3) 
If renewing the permit more than thirty (30) days after the expiration date, the fee shall be four hundred dollars ($400.00).
(d) 
A plan review fee of one hundred twenty-five dollars ($125.00) shall be required for all new pool construction.
(e) 
A reinspection fee of sixty dollars ($60.00) shall be required for all pools/spas closed by the director for violations that present a danger to the life, health or safety of any person.
(f) 
The permit fee does not apply to pools, hot tubs or spas owned or operated by the City of Irving or other governmental entity.
(Ordinance 8145, § 1, adopted 4/3/2003; Ordinance 8476, § 1, adopted 5/12/2005; Ordinance 2011-9280, § 1, adopted 9/1/2011)
Any person who intentionally, knowingly or unlawfully violates or permits the violation of any provision of this chapter is considered to have committed a misdemeanor offense which is punishable by fine in an amount of not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00). Each day in which a violation of this chapter exists shall constitute a separate offense. Each pool, hot tub or spa, which does not meet the standards and provisions of this chapter, shall constitute a separate offense.
(Ordinance 8145, § 1, adopted 4/3/2003; Ordinance 8476, § 1, adopted 5/12/2005)