The purpose of this division is to, among other things, safeguard public safety and provide patrons a pool that is safe to occupy within reasonable means. These rules and regulations are considered and found to be good public health engineering and safety practices.
(Ordinance 06-02-14, sec. 3, adopted 2/21/06)
The Texas Department of State Health Services Standards for Public Swimming Pools and Spas, adopted by the Texas Department of State Health Services Standards in title 25 (Health Services), Texas Administrative Code, part 1 (Department of State Health Services), chapter 265 (General Sanitation), subchapter L (Public Swimming Pools and Spas), which establishes regulations for the design, construction, operation, repair and maintenance of all public and semi-public swimming pools, save and except the deletions and additions set forth below (the "Texas Department of State Health Services Pool Rules"). The Texas Department of State Health Services Pool Rules are made a part of this division as if fully set forth herein. Copies of the Texas Department of State Health Services Pool Rules are on file in the office of the city secretary being marked and designated as the Texas Department of State Health Services Pool Rules, published by the Texas Department of State Health Services, General Sanitation Division. The following deletions and additions to the TAC title 25, part 1, chapter 265, subchapter L (Public Swimming Pools and Spas) are hereby approved and adopted:
(1) 
Rule § 265.182 Definitions is modified as follows:
(42) 
Local regulatory authority - A county, municipality, or other political subdivision of the state. The City of Frisco, Texas.
. . .
(79)
Renovation - To return a pool or spa or any part of a pool or spa that may still be operational and functional, but that is outdated or has faded, declined, or deteriorated, to its former or original state, includes remodeling or rehabilitation of a pool or spa, and has the same meaning as the definition of alteration as found in the International Swimming Pool and Spa Code. Renovation of pool or spa shall not cause existing systems to become unsafe, unsanitary, or overloaded. Upon renovation of a pool or spa, a permit and inspection are required from the local regulatory authority and any repairs or renovations deemed by the local regulatory authority shall be completed and approved prior to use of the pool or spa.
(2) 
Rule § 265.183 Plans and Instructions is modified as follows:
(a) 
Plans for new construction of pools and spas. DSHS may review plans for pools and spas to ensure compliance with construction requirements. If DSHS intends to review plans, DSHS will notify the owner or operator in writing. The local regulatory authority shall review all applicable permitting and plan submittal documents for new construction or renovation of pools, spas, water features and facilities in order to ensure compliance regarding enforcement issues. The local regulatory authority requires that a registered professional engineer approve the design, construction and renovation of pools, spas, water features, and facilities. Regardless of whether a regulatory authority requires plans or permits, pools and spas shall be designed, constructed, and operated in compliance with the Texas Department of State Health Services Pool Regulations (Rules) with these amendments.
. . .
(d) 
Licensed Engineer Required. All Commercial Pools and Spas shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed. Design Engineers must be registered with the City and provide proof of Professional Liability Insurance with a minimum coverage of one million dollars ($1,000,000.00). The professional engineer shall certify that pools, spas, water features, and facilities are designed, built, and operate in compliance with these rules and with applicable federal, state, and/or local regulatory requirements. Documentation shall include:
(1) 
Pre-Construction document signed and sealed referencing project name/address, pool builder name/address, and owner name/address. The Pre-Construction Certification requires the Design Engineer to certify that the submitted plans/blueprints and specifications for the described swimming pool(s) and/or spa(s) and/or other water/play features and associated facilities meet or exceed the requirements detailed in Rules 265.181 through 265.198, of the Texas Department of State Health Services Standards for Swimming Pools and Spas. Furthermore, the Design Engineer shall certify the accuracy of the calculations and design values. The Pre-Construction Certification shall include calculations and design values for pool volume (gals), turnover rate (hours), flow rate (gals per min.), total dynamic head (feet of head), maximum velocity in suction lines at designed flow (feet per sec.), maximum velocity in return lines at designed flow (feet per sec.), maximum velocity at main drain grate (min. 24" diagonal) at designed flow (feet per sec.), maximum flow through remaining drain grate with one main drain blocked (feet per sec.), maximum design flow rate at main drain with approved covers (gals. per min.), main drain cover approved flow rate (stamped on cover) (gals. per min.), maximum flow through remaining drain cover with one main drain blocked (gals, per min., feet per sec.), required skimmers (#), required return inlets (#) and bather loads (pool and spa) (#), lighting levels at pool water surface, deck area, and underwater (lumens/watts per square foot or lux).
(2) 
Post-Construction document signed and sealed referencing project name/address, pool builder name/address, and owner name/address. The Post-Construction Certification requires the Design Engineer to examine and certify that the completed and installed swimming pool(s) and/or spa(s) and/or other water/play features and associated facilities at the described location meet or exceed the requirements detailed in Rules 265.181 through 265.198 and the Texas Department of State Health Services Standards for Swimming Pools and Spas, effective Jan 1, 2021. Furthermore, the Design Engineer shall certify the accuracy of the calculations and design values. The Pre-Construction Certification shall include calculations and design values for pool volume (gals), turnover rate (hours), flow rate (gals per min.), total dynamic head (feet of head), maximum velocity in suction lines at designed flow (feet per sec.), maximum velocity in return lines at designed flow (feet per sec.), maximum velocity at main drain grate (min. 24" diagonal) at designed flow (feet per sec.), maximum flow through remaining drain grate with one main drain blocked (feet per sec.), maximum design flow rate at main drain with approved covers (gals. per min.), main drain cover approved flow rate (stamped on cover) (gals. per min.), maximum flow through remaining drain cover with one main drain blocked (gals. per min., feet per sec.), required skimmers(#), required return inlets(#) and bather loads (pool and spa) (#) lighting levels at pool water surface, deck area, and underwater (lumens/watts per square foot or lux).
(3) 
Rule § 265.185 Pumps, Motors, and Filters for Pools and Spas is modified as follows:
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. Pump motors, when replaced, shall be of same size in horsepower. If replacement pumps are not the same size as the original approved design, a new post-construction certification document shall be submitted by a licensed design engineer with required calculations and design values specified showing compliance with this Rule.
(4) 
Rule § 265.188 Wastewater Disposal for Pools and Spas is modified as follows:
(a) 
Filter backwash wastewater disposal. Filter backwash, cartridge wash water, and drainage water that is not reused in the pool or spa shall be discharged or disposed of in accordance with the requirements of the TCEQ or local regulatory authority. All backwash systems shall be discharged to the sanitary sewer system through an approved p-trap unless prior approval for alternate disposal is obtained from the local regulatory authority.
. . .
(f)
Drains removing all water on deck(s) shall be routed to the storm sewer system or as otherwise approved by the then-current local Plumbing Code, as amended. Water from deck drainage shall not be mixed with pool or spa water.
(g)
Any filtration system that does not discharge backwash, wash water, and drainage water into the sanitary sewer system through an approved p-trap is prohibited by the regulatory authority.
(5) 
Rule § 265.190 Safety Features for Pools and Spas is modified as follows:
. . .
(e) 
Certain safety requirements for pools. . . .
. . .
(5) 
Safety signs for pools constructed on or after the effective date of this section or safety signs replaced at pools constructed before the effective date of this section, must comply with Figure: 25 TAC § 265.190(e)(5), as amended.
. . .
(g) 
Certain safety requirements for spas.
(1) 
Safety signs, for spas constructed on or after the effective date of this section or safety signs replaced at spas constructed before the effective date of this section, must be securely mounted, readily visible to spa users, and inside the spa enclosure, as required in Figure: 25 TAC § 265.190(g)(1), as amended.
. . .
(h) 
Emergency summoning device. A pool or spa must have a minimum of one emergency telephone, emergency monitoring contact device, or alternative communication system that is capable of immediately summoning emergency services and that is readily accessible, within 200 100 feet of the water, and is functioning when the pool or spa is open for use. An emergency summoning device for a pool or spa with seasonal operation schedule must function 24 hours a day during the season the pool or spa will be in use. Clear operating instructions for the emergency summoning device must be posted.
. . .
(2) 
The telephone or emergency monitoring device must not be answered by an on-site office. An alternative communication system may be answered by an on site office if the system complies with paragraph (5) of this subsection.
(3) 
The telephone must be capable of making calls to the local 911 dispatch or to an emergency service.
(4) 
An emergency monitoring contact device, when activated, must directly connect to a 24-hour monitoring service, or directly to the local 911 dispatch or to emergency medical services. Emergency operator must be able to recite the address of the location.
(5) 
An alternative communication system contacting an on-site office may be used if the pool or spa is in a remote area with limited or delayed emergency medical services response times and employees on site are trained and certified or licensed to perform emergency medical intervention when the pool or spa is open for use.
(6) 
A cell phone dedicated for use at the pool or spa, mounted in the pool yard or spa yard for public use, and labeled as the emergency phone may be used if the cell phone is activated by a service provider, has a permanent power supply, and can reach the emergency service provider or the local 911 emergency services.
. . .
(6) 
Figure: 25 TAC § 265.190(e)(5) graphic:
Required Pool Sign or Signs
Letter and Symbol Size
"WARNING-NO LIFEGUARD ON DUTY" (Where no lifeguard required or provided.)
4-inches
"NO DIVING" and international no diving symbol (where no lifeguard required or provided.)
4-inches
"IN CASE OF EMERGENCY, DIAL 911"
4-inches
Precise Location of the Pool on or with the Emergency Phone (address, or directions, or GPS location, or building number, as appropriate)
Minimum 1-inch
Hours of Operation
Minimum 1-inch
Directions to and Location of Emergency Phone if Phone Not Visible in Pool Yard
Minimum 2-inches
Maximum User Load Limit
Minimum 2-inches
"PETS IN THE POOL/SPA ENCLOSURE ARE PROHIBITED"
Minimum 2-inches
"DO NOT SWIM IF YOU HAVE BEEN ILL WITH DIARRHEA WITHIN THE PAST 2 WEEKS"
Minimum 2-inches
"CHANGING DIAPERS WITHIN 6 FEET OF THE POOL IS PROHIBITED"
Minimum 2-inches
"GLASS ITEMS NOT ALLOWED IN THE POOL YARD"
Minimum 2-inches
"PERSONS UNDER THE AGE OF 14 MUST NOT BE IN THE POOL WITHOUT ADULT SUPERVISION" )(Where no lifeguard is required or provided.)
Minimum 2-inches
"EXTENDED BREATH HOLDING ACTIVITIES ARE DANGEROUS AND PROHIBITED"
Minimum 2-inches
(7) 
Rule § 265.193 Water Quality at Pools and Spas is modified as follows:
. . .
(s) 
Microbiological quality standards. Microbiological examination may be requested when deemed necessary by Frisco. These samples shall be examined in accordance with the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater, or as amended, (APHA, AWWA, and WPCF). All related fees shall be paid by the owner/operator of the pool or spa.
(8) 
Rule § 265.198 Enforcement is modified as follows:
(a)
If a person violates or causes, suffers, allows or permits a violation of Texas Health and Safety Code § 341.064 or § 341.0645 or this subchapter, or any of these rules, DSHS or the local regulatory authority or the department may, among other actions and in accordance with Health and Safety Code § 341.092, institute a civil suit in district court for the assessment of assess civil penalties, seek injunctive relief, or both as provided by law.
(b)
A person who violates or causes, suffers, allows, or permits a violation of Texas Health and Safety Code, § 341.064 or § 341.0645 or this subchapter, or any of these rules may also be subject to a criminal penalty under Texas Health and Safety Code, § 341.091.
(c)
If a pool or spa closes, either voluntarily or by court order, public access to the pool or spa must be restricted and a notice posted on the entry gates or doors. If inspections by the local regulatory authority determine that the operation or maintenance of the pool, spa, or facility constitutes a serious health or safety hazard for the user, the local regulatory authority may request voluntary immediate closure, perform involuntary closure, seek injunctive relief in district court, and/or use any other enforcement methods and/or remedies available. The local regulatory authority may take any and all appropriate legal remedies available to it including, but not limited to, immediately posting the pool closed. Whenever a pool voluntarily closes or is required to cease operation at any time, all access to the pool shall be restricted and a notice shall be posted at every entrance notifying the public that the pool is closed until further notice. Whenever a pool closes by mandate of the local regulatory authority or is required to cease operation, all access to the pool shall be restricted and a notice shall be posted at every entrance notifying the public that the pool is closed until further notice. Whenever a pool is involuntarily closed, operation can only be resumed when evidence is presented that all deficiencies that caused closure have been corrected and if explicitly authorized by the local regulatory authority. Such evidence may be in the form of a reinspection by the local regulatory authority, or by other evidence acceptable to the local regulatory authority.
(d)
The City of Frisco Building Official, or his/her designee, shall be responsible for the enforcement of this Ordinance.
(Ordinance 06-02-14, sec. 4, adopted 2/21/06; Ordinance 18-01-02, sec. 2, adopted 1/2/18; Ordinance 2021-08-51, sec. 4, adopted 8/17/21; Ordinance 2024-12-53 adopted 12/3/2024)
A person, firm, corporation or business entity commits an offense if:
(1) 
They violate any provision of this division;
(2) 
They violate any of the posted signs required by this division;
(3) 
The owner or designated manager of such pool knowingly allows the pool, spa, PIWF or lagoon to be used for swimming, diving or bathing purposes when it is closed or posted closed, whether voluntarily or involuntarily; or
(4) 
They occupy the pool, spa, PIWF or lagoon area at any time the pool, spa, PIWF or lagoon is closed.
(Ordinance 06-02-14, sec. 5, adopted 2/21/06; Ordinance 2021-08-51, sec. 7, adopted 8/17/21; Ordinance 2024-12-53 adopted 12/3/2024)
(a) 
The city may deny, revoke, or suspend any operating permit for failure of the applicant to comply with the provisions of this division, or in cases where the operating permit has been obtained through nondisclosure, misrepresentation or misstatement of a material fact.
(b) 
All notices or orders issued pursuant to this division shall be either delivered personally or sent by certified mail to the person or corporation to whom the permit was issued or to the person in charge of the subject premises (the manager). Except in cases of emergency or urgent public necessity, such notice shall be delivered or mailed at least ten (10) days before any operating permit is revoked or suspended and shall state the reason(s) for such proposed revocation or suspension and notify that person of a right to appeal under section 18-374 of this division.
(c) 
A permit to operate, which has been revoked or suspended, may be reissued upon proper application and upon presentation of evidence that the deficiencies, violations and/or irregularities, which caused the revocation or suspension, have been corrected.
(d) 
If the city determines that the operation or maintenance of any swimming pool constitutes an imminent hazard to the health and/or safety of the public, the permit to operate shall be suspended immediately, and the swimming pool shall be closed for use and shall remain closed until the necessary remedial action has been successfully completed. The city shall make an inspection to ensure compliance with this division. Each separate inspection shall incur a fee as set forth in the city's comprehensive fee ordinance, which must be paid prior to the inspection being performed.
(Ordinance 06-02-14, sec. 6, adopted 2/21/06; Ordinance 18-01-02, sec. 2, adopted 1/2/18; Ordinance 2021-08-51, sec. 8, adopted 8/17/21; Ordinance 2024-09-44 adopted 9/17/2024; Ordinance 2024-12-53 adopted 12/3/2024)
An administrative decision issued in connection with the requirements of this division, including denial of issuance or renewal or revocation or suspension of a permit to operate, is final unless the owner or permit holder files a written appeal with the director of development services within 14 calendar days after the date of notice of the administrative decision. The director shall hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this article. An appeal of the director's decision shall be made in writing to the city manager within 14 calendar days. The city manager's decision shall be final.
(Ordinance 06-02-14, sec. 7, adopted 2/21/06; Ordinance 2021-08-51, sec. 9, adopted 8/17/21; Ordinance 2024-12-53 adopted 12/3/2024)
(a) 
No person shall operate a swimming pool, spa, public interactive water feature or lagoon unless a valid permit to operate has been obtained from the city; provided, however, pools and spas which are subject to Rules 265.181–265.211 of the Texas Department of State Health Services Standards for Swimming Pools and Spas will not be required to obtain the permit described in this section. A separate permit is required for pools and spas physically separated by pool enclosure. A pool, spa, or public interactive water feature will be subject to fee of two hundred twenty-five dollars ($225.00) per entity. Such permit for each location of the pool, spa or public interactive water feature unless otherwise revoked or suspended as prescribed herein, shall be valid from the date of issuance through March 31st of the following year. If paid by April 30th, the fee shall be three hundred twenty-five dollars ($325.00) per entity; by May 31st, the fee shall be four hundred and twenty-five dollars ($425.00) per entity. After May 31st, the fee shall be five hundred dollars ($500.00) per entity. If, upon the first inspection, fees have not been paid, the pool, spa or public interactive water feature will be closed until compliance with this division is met. A separate application and fee shall be submitted for each operational permit sought. A separate pool or public interactive water feature is determined by physical separation. A spa is considered separate and requires separate fees by the local regulatory authority. A separate permit is required for a lagoon. Each lagoon will be subject to fee of five hundred dollars ($500.00). Such permit for each lagoon unless otherwise revoked or suspended as prescribed herein, shall be valid from the date of issuance through March 31st of the following year. If upon the first inspection, fees have not been paid, the lagoon will be closed until compliance with this division is met.
(b) 
The city shall require an inspection of the pool, spa, public interactive water feature or lagoon prior to March 31st of each year. This inspection shall be required prior to the approval of the permit to operate each year. Should any pool, spa, public interactive water feature or lagoon fail the annual inspection, the owner of the subject pool, spa, public interactive water feature or lagoon is responsible for remedying the issues which resulted in the failed inspection, and for obtaining a satisfactory reinspection from the city prior to the issuance of a permit to operate. Each reinspection of pool, spa or public interactive water feature will incur a fee of one hundred dollars ($100.00) and must be paid prior to reinspection. Each reinspection of a lagoon will incur a fee of two-hundred and fifty dollars ($250.00) and must be paid prior to reinspection. The permit to operate will be approved when each pool, spa, public interactive water feature or lagoon is in full compliance with this division.
(c) 
The city permit to operate shall expire on March 31st of each year. It is the responsibility of the operator/owner to request the inspection and to apply for the permit to operate prior to March 31st each year.
(d) 
Once the inspection is approved, the application for permit to operate is submitted and appropriate fees are paid, the city will release the permit to operate.
(Ordinance 06-02-14, sec. 8, adopted 2/21/06; Ordinance 18-01-02, sec. 2, adopted 1/2/18; Ordinance 2021-08-51, sec. 6, adopted 8/17/21; Ordinance 2024-12-53 adopted 12/3/2024)
Any person, firm, corporation or business entity violating this division shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined a sum not exceeding two thousand dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 06-02-14, sec. 9, adopted 2/21/06; Ordinance 2021-08-51, sec. 10, adopted 8/17/21; Ordinance 2024-12-53 adopted 12/3/2024)