It shall be the duty of the certified pool operator and/or the person in charge to:
(a) 
Physically respond within one hour of being notified by the consumer health official to the site of the aquatic facility; and
(b) 
Check at least once per day that the aquatic facility remains in compliance with this article and with state aquatic facility regulations; and
(c) 
Check and record water chemistry at least once per day for each aquatic facility permitted to ensure compliance with state aquatic facility regulations, including:
1. 
Disinfectant levels; and
2. 
pH levels; and
3. 
Cyanuric acid levels (if applicable); and
(d) 
Ensure that an appropriate method is used to check water chemistry as specified in state aquatic facility regulations; and
(e) 
Retain records of daily water chemistry checks for at least two years on site; and
(f) 
Ensure that the steps detailed in section 98-972(b) through (f) are completed if any conditions exist that require temporary closure of public and semi-public aquatic facilities as specified in section 98-972(a) below.
(g) 
Register certification as a certified pool operator with City of North Richland Hills Consumer Health Department and maintain a copy of the registration on site at the facility. In the event that the certified pool operator is no longer employed on premises, the aquatic facility must employ another certified pool operator who possesses or obtains a current North Richland Hills certified pool operator registration within 30 days of the effective date of termination or permanent transfer of the previous certified pool operator.
To ensure compliance with this article, it is recommended that all certified pool operators use a test kit certified by the American National Standards Institute (ANSI).
(Ordinance 3415, § 1, adopted 6/13/2016)
(a) 
The following conditions require immediate closure of public and semi-public aquatic facilities:
(1) 
The emergency phone on-site is absent, missing, or not functioning; or
(2) 
The water chemistry of the aquatic facility is outside of required legal limits or is hazardous to public health and safety; or
(3) 
Life safety equipment or signage is missing or damaged; or
(4) 
The required safety vacuum release system (SVRS) is not working; or
(5) 
Drain or suction outlet covers become damaged or detached; or
(6) 
The bottom of the aquatic facility cannot be clearly seen at any part of the water body; or
(7) 
The aquatic facility equipment ceases to circulate; or
(8) 
The facility enclosure is damaged; or
(9) 
The gates or doors to the aquatic facility fail to self-close and self-latch; or
(10) 
An entanglement or entrapment hazard exists, regardless of the age of the aquatic facility; or
(11) 
Any other event or condition exists that is hazardous to the health or safety of swimmers or of the general public.
(b) 
If the consumer health official, certified pool operator, and/or person in charge determines that any condition exists in the aquatic facility that is hazardous to the health or safety of the swimmers or of the general public, the facility shall be closed and the certified pool operator and/or the person in charge shall immediately take all reasonable steps to prevent the use of the aquatic facility during closure. This includes:
(1) 
All entrances into the aquatic facility enclosure shall be secured and locked. The certified pool operator and/or person in charge shall be responsible for keeping the entrances secured and locked at all times while the facility is closed.
(2) 
Signs shall be posted at all entrances to the aquatic facility. Said sign shall be clearly visible to a reasonably observant person and shall state in minimum two-inch letters, "POOL CLOSED." The certified pool operator and/or person in charge shall be responsible for keeping the closure sign visible at all times.
(3) 
A closure sign posted by the consumer health official shall not be removed by any person other than the consumer health official. Removal of the closure sign posted by the consumer health official without authorization may result in citation, suspension, and/or revocation of the aquatic facility permit.
(c) 
If the consumer health official determines that the condition of the aquatic facility is hazardous to the health or safety of the swimmers or the general public and orders closure, a reinspection of the facility must be conducted by the consumer health official prior to allowing the aquatic facility to be used or reopened. The reinspection shall be conducted during the regular working hours of the department of neighborhood services at the request of the certified pool operator. If compliance has been achieved, the consumer health official shall notify the certified pool operator and/or the person in charge that the aquatic facility may be opened or reopened for use by swimmers and the general public.
(d) 
If a reinspection of the facility by the consumer health official is required, a reinspection fee shall be charged for each reinspection of each aquatic facility in accordance with section 98-661 above.
(e) 
It shall be a violation for the certified pool operator and/or the person in charge to allow use of the aquatic facility after the consumer health official has ordered the facility closed and before the consumer health official has informed the certified pool operator and/or person in charge that the facility may be reopened.
(f) 
Use of the aquatic facility by an individual for swimming, diving or bathing purposes after the consumer health official has ordered such aquatic facility to be closed shall be deemed prima facie evidence that the owner of the aquatic facility has knowingly allowed the aquatic facility to be used for such purposes.
(Ordinance 3415, § 1, adopted 6/13/2016)
(a) 
The aquatic facility shall be surrounded by an approved enclosure not less than six feet in height with self-closing and self-latching gates or doors at all entrances into the aquatic facility area with latches or locks designed to keep children out of the aquatic facility area without adult supervision. Said enclosure shall be kept in good repair or secured at all times, and shall comply with all other provisions of state aquatic facility regulations.
(b) 
A door or pool alarm shall be required if deemed necessary by the director on all doors and windows inside a building that provide direct access into the pool enclosure.
(c) 
In addition to any other law and pursuant to Texas Local Government Code Ch. 214, Subchapter C, "Swimming Pool Enclosures", as amended, the city may repair, replace, secure, or otherwise remedy an enclosure that is damaged, deteriorated, substandard, dilapidated, or otherwise in a state that poses a hazard to the public health, safety, and welfare. The city may order the owner of the enclosure or any person in control of the property on which the enclosure is located to repair, replace, secure, or otherwise remedy the enclosure in accordance with Texas Local Gov't Code Sec. 214.101.
(Ordinance 3415, § 1, adopted 6/13/2016)
(a) 
The aquatic facility enclosure shall maintain all signage required by state aquatic facility regulations, as well as any other signage deemed necessary and beneficial by the director of neighborhood services.
(b) 
A guide line rope with intact, functional floats shall separate the shallow portion of the aquatic facility from the deep portion at the breakpoint depth as deemed necessary by the consumer health official. This line must be securely in place during all hours of facility operation.
(c) 
Cyanuric acid use and levels shall be governed by either State Aquatic Facility Regulations or the most recent adopted version of the Model Aquatic Health Code created by the Centers for Disease Control and Prevention. The more restrictive provision shall apply.
(Ordinance 3415, § 1, adopted 6/13/2016)
(a) 
Water introduced into the aquatic facility shall be supplied through an approved air gap. Any other method of introducing water into the aquatic facility system must comply with all other city ordinances and best management practices recommended by the Texas Commission on Environmental Quality, regardless of the age or pre-existence of the facility. If any conflict between provisions exists, the more strict provision shall apply unless a variance from this provision is granted.
(b) 
All backwash and drainage water shall be disposed of into the city sanitary water system through lines and equipment installed in accordance with all codes and ordinances adopted by the City of North Richland Hills and all other relevant jurisdictions unless said water:
(1) 
Does not possess any potentially hazardous characteristics that would pose a threat to private or public health and safety or to property; and
(2) 
Is to be used to recycle as non-potable gray water and for conservation purposes only.
(c) 
No backwash or drainage water may be pumped or drained directly to adjacent public or private property.
(Ordinance 3415, § 1, adopted 6/13/2016)
A person commits an offense if he:
(a) 
Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, diarrhea, or a communicable disease and bathes in a public or semi-public aquatic facility; or
(b) 
Alters or removes safety equipment or signage from a public or semi-public aquatic facility except in an emergency; or
(c) 
Alters or damages any part of a public or semi-public aquatic facility enclosure or allows the aquatic facility enclosure to remain unsecured while the enclosure is under repair; or
(d) 
Alters or damages drain and/or suction outlet covers or grates; or
(e) 
Carries glass within a public or semi-public aquatic facility area or enclosure; or
(f) 
Allows an animal under his control to enter or remain within the aquatic facility area or enclosure of a public or semi-public aquatic facility without approval from the Director of Neighborhood Services, unless the animal is a service animal; or
(g) 
Interferes with or obstructs the consumer health official while the consumer health official is in the process of enforcing this article; or
(h) 
Is the certified pool operator or the person in charge and violates any provision of this article.
(Ordinance 3415, § 1, adopted 6/13/2016)