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HomeMy Public PortalAboutOrdinance No. 636-91 06-10-1991 • ORDINANCE NO. 6 3 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION OF A NEW SECTION 9 "SANITATION STANDARDS FOR SWIlVIlI~IIIVG POOLS AND SPAS" TO CHAPTER 6, "HEALTH AND SANITATION" OF SAID CODE OF ORDINANCES; DESIGNATING THE TARRANT COUNTY HEALTH DEPARTMENT AS THE HEALTH AUTHORITY FOR THE CITY; ADOPTING BY REFERENCE TEXAS STATE LAWS, REGULATIONS AND STANDARDS FOR SANITATION AND OPERATION OF POOLS AND SPAS; DEFINING CERTAIN TERMS; ESTABLISHING ADDITIONAL SANITATION STANDARDS; REQUIRING PERMITS FOR THE OPERATION OF PUBLIC SWIlVIlVIING POOLS AND SPAS WITHIN THE CITY; REQUIRING POOL AND SPA OPERATOR CERTIFICATION IN POOL SAFETY AND SANITATION; PROVIDING A PENALTY OF UP TO $1,000.00 PER DAY FOR VIOLATION; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, has contracted with the Tarrant County Health Department to provide certain health inspection and permitting • services within the corporate limits of the City; and WHEREAS, the City Council of the City of Richland Hills, Texas, pursuant to such contract, desires to adopt certain standards for the sanitary operation of public pools and spas within the City of Richland Hills, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 6, "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of anew Section 9 "SANITATION STANDARDS FOR SWIMMING POOLS AND SPAS", which section shall hereafter be and read as follows: SECTION 9. SANITATION STANDARDS FOR SWIlVIlI~IIIVG POOLS AND SPAS. A. DESIGNATION OF HEALTH AUTHORITY The City of .Richland Hills, Texas hereby designates the Tarrant County Health Department as its health authority for the purpose of insuring minimum standards of environmental health and sanitation under this Section, within the scope of that department's function. • ORDINANCE NO. 6 3 6 Page 1 • B. STATE REGULATIONS & GUIDELINES ADOPTED 1. There is hereby adopted by reference the Texas Department of Health Minimum Standards of Sanitation and Health Protection Measures, Title 5, Chapter 341, Subchapter D, Section 341.064 of the Texas Health and Safety Code; Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Sections 337.71 through 337.96 and the Texas Department of Health publication "A Training Course in Swimming Pool Operation." 2. A certified copy of the above-listed documents shall be kept on file in the office of the City Secretary. C. DEFINITIONS All definitions in the Texas Department of Health regulations and guidelines on public swimming pools and spas are hereby adopted. In addition, the following definitions shall apply under this Section: 1. Public Swimming Pool. Any swimming pool, other than a private residential swimming pool. 2. Private Residential Swimming Pool. Any swimming pool, the use of which is limited to the members of a single family or their invited guests, located on property used for the placement of asingle-family residence. • 3. Re u~; latory Authority. Shall mean representatives of the Tarrant County Health Department. 4. Health Department. Shall mean representatives of the Tarrant County Health Department. D. POOL/SPA PERMITS 1. Requirement. It shall be unlawful for any person to own, control or operate a public swimming pool or spa in the City without a current and valid pool permit issued by the Health Department. 2. Postine. A valid permit shall be posted in public view in a conspicuous place at the pool/spa for which it is issued. 3. Non-transference (Change of Ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of the premises upon which a public swimming pool is located, the permit issued to the previous owner shall be cancelled automatically and the new owner will be required to meet current standards as defined in City ordinances and State law before a permit will be issued. 4. M 1t1D1e Permits. A separate permit shall be required for every public swimming pool or spa except that public swimming pools on the same water filtration system will require only one permit. • ORDINANCE NO. 6 3 6 Page 2 • 5. Denial of Permit. A permit may be denied if the Health Department, upon inspection, determines that the applicant has failed to comply with approved plans and specifications or with the standards contained or referred to herein. 6. Permit Fees -Public Swimming Pools/Spas. A fee of $100.00 per pool and $100.00 per spa is required annually. Fees are due and payable on or before May 1, and are paid to Tarrant County Health Department at 1800 University Drive, Fort Worth, Texas 76107. Only one permit will be required for swimming pools connected to the same filtration system. E. REVIEW OF PLANS 1. Submission of Plans. Before a pool or spa is constructed or extensively remodeled, properly prepared plans and specifications for such construction or remodeling shall be submitted to the Health Department for review and approval. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Department shall approve plans and specifications that meet the requirements of these rules. No public pool or spa shall be constructed or extensively remodeled except in accordance with plans and specifications approved by the Health Department. All installations shall utilize anti-vortex drain covers after the effective date of this ordinance. • 2. Pre-operational Inspection. The Health Department shall inspect newly constructed or remodeled public pools or spas prior to operation, in order to determine compliance with approved plans and specifications, and with the requirements of these rules. Inspection requests must be made a minimum of three (3) working days prior to the desired opening date. F. POOL/SPA CLOSURE A pool or spa shall be closed by the operator when the following conditions exist: 1. Disinfectant level below Texas Department of Health specified minimums; 2. pH below 7.0; 3. Inability to see bottom drain (poor visibility); 4. Chlorine levels above 10 ppm. A closed sign shall be immediately posted and the pool access .gate locked until the above conditions are corrected. G. POOL/SPA RECORDS Daily records for each permitted pool or spa shall be kept on the premises and provide the following information: • ORDINANCE NO. 6 3 6 Page 3 • 1. Disinfectant Three (3) times per day 2. pH Three (3) times per day 3. Alkalinity Once a week 4. Chemicals added As added, noted by name, amount and date. H. SUSPENSION AND REVOCATION OF A PERMIT 1. Notice of Suspension. After repeated violations of, or repeated non-compliance with the standards prescribed in this Section, a written notice for suspension of the pool/spa permit may be issued by the Health Department. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing. Suspension is effective after a ten (10) day notice period is given by the Health Department if a public hearing is not requested by the permit holder. When a permit is suspended, pool/spa operations shall immediately cease. 2. Notification of Right to Hearing. Whenever a notice of suspension is issued by the Health Department, the holder of the permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. Unless a written request for a hearing is filed with the Health Department by the holder of the permit within ten (10) days of receipt of a suspension notice, the permit is automatically suspended. The Health • Department may end the suspension at any time if reasons for suspension no longer exist. 3. Revocation of Permit. The Health Department may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Health Department in the performance of its duties. Prior to revocation, the Health Department shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice. Unless a written request for a hearing is filed with the Health Department by the holder of the permit within such ten (10) day period, the revocation of the permit becomes final at the end of such ten (10) day period. 4. Service of Notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority. • ORDINANCE NO. 636 Page 4 • 5. Hearines. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. 6. Right of Appeal. Any permit holder who wishes to dispute the decision made at a hearing may appeal the decision to the Director of the Tarrant County Health Department. 7. Application After Revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit to the Health Department. I. PUBLIC POOL/SPA MANAGER CERTIFICATION REQUIRED Public pool and/or spa managers shall have at least one certified pool manager employed to maintain the pools/spas per apartment complex or municipal location. This person shall possess a pool manager's certificate from a course approved by the Health Department. The certificate is valid for three (3) years from issuance date and must be kept on the premises to facilitate checking by inspectors. Whenever the public pool/spa manager holding the certificate terminates employment, or is terminated or transferred, the business shall be allowed sixty (60) • days from the termination or transfer date to provide a new certificate holder. This requirement is applicable even if pool maintenance operations are contracted to an outside company. J. FINE FOR VIOLATIONS Any person who violates a provision of this ordinance, upon conviction in the Municipal Court of Richland Hills, Texas, shall be subject to a fine not to exceed One Thousand ($1,000.00) Dollars for each offense, and each and every day such violation continues shall constitute a separate offense. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. • ORDINANCE NO. 6 3 6 Page 5 • III. Saving Clause. That Chapter 6 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the lOthday of June, 1991, by a vote of 5 ayes, nays, and ~ abstentions. APP VEDA t ` 1 James R. Truitt, Mayor r` ATTEST: ~ ; auline Kempe, City Secretary APPROVE AS TO FORM: Paul F. Wieneskie, City Attorney 0244a/dd/053091 • ORDINANCE NO. 6 3 6 Page 6