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.
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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.
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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:
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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.
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• 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
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