The city council has determined that the regulation of public and semi-public aquatic facilities is necessary and beneficial for the health, safety and welfare of the inhabitants of the city. It is therefore ordained that provisions regulating public and semi-public aquatic facilities and providing a penalty for violations of any provision of this article be adopted.
(Ordinance 3415, § 1, adopted 6/13/2016)
The purpose of this article is the establishment and amendment of minimum standards for the construction, operation and maintenance of public and semi-public aquatic facilities and their related facilities in order to protect the health and safety of the public.
(Ordinance 3415, § 1, adopted 6/13/2016)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. A term not included in this list of definitions but defined within the state aquatic facility regulations shall have the meaning assigned to it within the state aquatic facility regulations.
Aquatic facility
means a pool, spa, special aquatic activity device, public interactive water feature, fountain or venue that may be used for swimming or bathing, or other regulated water body as defined by state aquatic facility regulations.
Certified pool operator.
A person who:
(a) 
Possesses a valid and current certificate of accreditation, and
(b) 
Obtains certification by completion of one of the following courses or other nationally recognized course in aquatic facility operation, safety and management, and:
1. 
NRPA, "Aquatic Facility Operator" (A.F.O.);
2. 
NSPF, "Certified Pool-Spa Operator" (C.P.O.);
3. 
NSPI, "Professional Pool and Spa Operator" (P.P.S.O.); or
4. 
ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or
5. 
Other training at discretion of the Director of Neighborhood Services.
Consumer health official.
An employee of the department of neighborhood services charged with the enforcement of this article by the director of neighborhood services, or the official's authorized representative.
Director.
The director of the department of neighborhood services for the city, or the director's authorized representative.
Enclosure
means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround an aquatic facility.
Extensively remodeled
means the replacement of or modification to an aquatic facility structure or its enclosure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation, including the installation of new deck detail or tile work that is different from the original design. This term does not include the normal maintenance and repair or the replacement of equipment which has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment.
Person in charge
means the owner of the aquatic facility, or the person identifying himself or herself as the owner's designated representative and person in charge on the permit application. This person may also be the certified pool operator.
Private aquatic facility
means any aquatic facility located on private, single-family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests.
Public aquatic facility
means any aquatic facility which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use.
Secured
means that an enclosure during normal operation is maintained so that all gates and entrances are maintained closed with functioning self-latching and self-closing mechanisms, and that the enclosure is not allowed to maintain gaps large enough to allow the passage of a four-inch sphere or provide any feature that may be climbed by a child to gain access to the aquatic facility. The enclosure during times when the aquatic facility is closed to the public must maintain the above conditions, but the gates or entrances to the enclosure must also be locked so that no person may enter the gates or entrances without the authorization of the certified pool operator and/or person in charge.
Semi-public aquatic facility
means any aquatic facility which is not included within the definition of either "private aquatic facility" or "public aquatic facility" as those terms are defined in this section.
Service animal
means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
State aquatic facility regulations
means the regulations adopted by the State of Texas to regulate public pools and spas, and includes the following, as amended from time to time:
(a) 
Texas Health and Safety Code, § 341.064 "Swimming Pools, Artificial Swimming Lagoons, and Bathhouses";
(b) 
Texas Health and Safety Code, chapter 757 (Pool Yard Enclosures); and
(c) 
Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, "Public Swimming Pools and Spas";
(d) 
Texas Administrative Code Title 25, Part 1, Chapter 265 Subchapter M, "Public Interactive Water Features and Fountains";
(e) 
Texas Administrative Code Title 25, Part 1, Chapter 265 Subchapter K, "Artificial Swimming Lagoons"; and
(f) 
Texas Administrative Code Title 16, Part 4, Chapter 65, "Boilers."
(Ordinance 3415, § 1, adopted 6/13/2016; Ordinance 3947 adopted 2/9/2026)
(a) 
The standards of the following statutes, laws, and regulations in their current form and as they may hereafter be amended, are adopted and applied into this article as if they were set forth at length herein:
(1) 
Texas Health and Safety Code, § 341.064 "Swimming Pools, Artificial Swimming Lagoons, and Bathhouses";
(2) 
Texas Health and Safety Code, chapter 757, "Pool Yard Enclosures";
(3) 
Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, "Public Swimming Pools and Spas";
(4) 
Texas Administrative Code Title 25, Part 1, Chapter 265 Subchapter M, "Interactive Water Features and Fountains";
(5) 
Texas Administrative Code Title 25, Part 1, Chapter 265 Subchapter K, "Artificial Swimming Lagoons"; and
(6) 
Texas Administrative Code Title 16, Part 4, Chapter 65, "Boilers."
(b) 
If a conflict occurs between a provision of this article and a provision of the above statutes, laws, or regulations, the more strict provision shall apply.
(Ordinance 3415, § 1, adopted 6/13/2016; Ordinance 3947 adopted 2/9/2026)
(a) 
Failure to comply with any section of this article may result in the immediate closure of the aquatic facility, the initiation of legal action, permit suspension, and/or permit revocation.
(b) 
Upon determination that the aquatic facility does not comply with the provisions of this article, the consumer health official shall notify the certified pool operator and/or the person in charge of the aquatic facility of the existing violations.
(Ordinance 3415, § 1, adopted 6/13/2016)
The consumer health official or his authorized representative shall have enforcement responsibility for this article.
(Ordinance 3415, § 1, adopted 6/13/2016)
Any person violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1-13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law; and the power of injunction and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed.
(Ordinance 3415, § 1, adopted 6/13/2016)