HomeMy Public PortalAboutOrdinance No. 1247-13 05-21-2013ORDINANCE NO. 1247-13
AN ORDINANCE REGARDING THE REGULATION OF SWIMMING POOL, SPA
OR INTERACTIVE WATER FEATURES
Section 1. State regulations and guidelines adopted
There is hereby adopted by reference of the V.T.C.A., Health and Safety Code §
341.064; Tex. Admin. Code §§ 265.181-265.208, "Standards for Public Pools
and Spas," and Tex. Admin. Code §§ 265.301-265.308 "Public Interactive
Water Features and Fountains" A copy of each shall be kept on file in the official
records of the city.
Section 2. Definitions
All definitions in the V.T.C.A., Health and Safety Code Ch. 341 and Title 25,
Chapter 265, Subchapter L of the Texas Department of State Health Services
regulations, "standards for public pools and spas," are hereby adopted. In
addition, the following definitions shall apply in this article:
Certified pool operator. A person who possesses a valid pool operator's
certificate from a course approved by the city.
City. Authorized representatives of the City of Richland Hills, which shall
include the director and representatives of the Tarrant County Public Health
Department.
Director. Director of the Tarrant County Public Health Department, who
shall be an authorized representative of the city with respect to public pool and
spa inspections and permitting.
Pool. Any manmade permanently installed or non-portable structure,
basin, chamber, or tank containing an artificial body of water that is used for
swimming, diving, aquatic sports, or other aquatic activity other than a residential
pool and that is operated by an owner, lessee, operator, licensee or concessionaire,
regardless of whether a fee is charged for use. The pool may be either publicly or
privately owned. The term does not include a spa or a decorative fountain that is
not used as a pool.
Private residential pool. A pool that is located on private property that is
intended for use by one single-family and their invited guests, located on property
used for the placement of asingle-family residence.
Private residential spa. A spa that is located on private property that is
intended for use by one single-family and their invited guests, located on property
used for the placement of asingle-family residence.
Public interactive water feature and fountain (PIWF)--Any indoor or
outdoor installation maintained for public recreation that includes water sprays,
dancing water jets, waterfalls, dumping buckets, or shooting water cannons in
various arrays for the purpose of wetting the persons playing in the spray streams.
Regulatory authority. The director and representatives of the Tarrant
County Public Health Department.
Spa. A constructed permanent or portable structure that is two feet or more
in depth and that has a surface area of 250 square feet or less or a volume of 3,250
gallons or less and that is intended to be used for bathing or other recreational
uses and is not drained and refilled after each use. It may include, but is not
limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction
bubbles, or any combination thereof. A spa does not refer to a business
establishment, such as a day spa or a health spa. Industry terminology for a spa
includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot
tub," etc. A spa does not include a private residential spa.
Section 3. Pool and spa permits
(a) Required. It shall be unlawful for any person to operate a public pool, spa or
interactive water feature in the city without a current and valid pool, spa or
interactive water feature permit.
(b) Posting. A valid permit shall be posted in public view in a conspicuous place
at the public swimming pool for which it is issued or on file in a secure area
of the permitted facility's premises.
(c) Nontransference (change of ownership). Permits issued under the provisions
of this article are not transferable. Upon change of ownership of a business,
the new business owner will be required to meet current standards as defined
in city ordinances and state law before a permit will be issued. The new
owner shall notify the city within ten days after assuming ownership of the
pool, spa or interactive water feature.
(d) Multiple permits. A separate permit shall be required for every public pool,
spa or interactive water feature except that public pools or spas or interactive
water features on a single water filtration system require one permit.
(e) Denial of permit. A permit may be denied if the city, upon inspection,
determines that the requestor has failed to comply with approved plans and
specifications adopted in accordance with these rules.
(f) Inspections for permits. An inspection shall be required annually to qualify
for a permit. A permit is valid for one year from the date of issuance.
Section 4. Review of plans and specifications
(a) Submission of plans. Before a public pool's and/or spa's and/or interactive
water feature's construction or extensive remodeling begins, the person
proposing to construct or remodel shall submit an application to the regulatory
authority for review and approval. The application shall include:
(1) The construction or remodeling plans, under an engineer's seal, and
specifications stating that the proposed construction or remodeling
complies with these rules and indicating that the proposed layout,
mechanical plans, construction materials of work areas, and the type
and model of proposed fixed equipment and facilities;
(2) The date on or after which proposed construction is to begin;
(3) The phone number and address of the entity primarily responsible for
constructing the pool, spa or interactive water feature and the phone
number and address of the entity primarily responsible for operating
the pool, spa or interactive water feature;
(4) A check or money order in the amount of $150.00 payable to Tarrant
County, Texas; and
(5) And any necessary additional information necessary to verify
compliance.
(b) Approval. The city shall approve plans and specifications that meet the
requirements of these rules. No public pool, spa or interactive water feature
shall be constructed or extensively remodeled except in accordance with plans
and specifications approved by the city.
Section 5. Inspections
(a) Preoperational inspections. The city shall inspect a newly constructed or
remodeled public pool, spa or interactive water feature prior to operation to
determine compliance with approved plans and specifications, and with the
requirements of these regulations. Requested inspections must be made a
minimum of three working days prior to the desired opening date.
(b) Inspections. The city shall inspect all public pools, spas and interactive water
features at least once per year. The owner or operator shall request an
inspection by permit application providing the pool, spa or interactive water
feature owner's name and address and, if different, the pool, spa or interactive
water feature operator's name and address.
(c) Inspection fees. A fee, as set forth in the city's fee ordinances, shall be
required to be paid for preoperational inspections and, thereafter, on an annual
basis. Fees shall be paid to Tarrant County Public Health Department at 1101
South Main, Fort Worth, Texas 76104. Only one permit will be required for a
public pool, spa or interactive water feature connected to a single filtration
system. Inspection fees shall be based on the number of filtration systems
located at a single address. Inspection fees for single filtration systems shall
be $250.00 each.
Section 6. Pool, spa or interactive water feature closures
(a) A public pool, spa or interactive water feature shall be closed if any of the
following conditions occur:
(1) Disinfectant level below the minimums set by the Texas Department
of State Health Services;
(2) pH below 7.0;
(3) Inability to see bottom drain (poor visibility);
(4) Chlorine levels above eight ppm; or
(5) Any other imminent health hazards.
(b)
A closed sign shall immediately be posted and the pool, spa or interactive
water feature access gate shall be locked until all violations have been
corrected.
Section 7. Pool and spa records
Daily records for each permitted public pool, spa or interactive water feature shall
be kept on premises and shall include information pertaining to:
(1) Disinfectant-Three times per day;
(2) pH-Three times per day;
(3) Alkalinity-One time per week;
(4) Chemicals added-As noted by name, amount and date; and
(5) Other information needed to ensure the facility's proper operation.
Section 8. Suspension and revocation of permit
(a) Notice of suspension. The city may temporarily suspend the permit of a public
pool, spa or interactive water feature for noncompliance with state pool, spa or
interactive water feature standards, by issuing a written notice for suspension.
When a permit is suspended, pool, spa or interactive water feature operations
shall immediately cease. A closed sign shall be immediately posted and the
pool, spa or interactive water feature access gate shall be locked until any and
all violations have been corrected.
(b) Reinstatement of permit after suspension. Whenever a notice of suspension is
issued by the city, the holder of the permit or the person in charge will be
given an opportunity to correct the violation(s) prior to final revocation of the
permit. The city may end the suspension any time if the reasons for
suspension no longer exist.
(c) Revocation of permit. The city may, after providing notice of pending
revocation 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 city in the performance of its duties. Prior to revocation, the city 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 the ten days following service of such notice. Unless
a written request for a hearing is filed with the city by the holder of the permit
within such ten-day period, the revocation of the permit becomes final.
(d) 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 of pool
and/or spa operations, or when it is sent by registered or certified mail, return
receipt requested, to the address listed on the permit application. A copy of the
notice shall be filed in the records of the regulatory authority.
(e) Hearings. 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.
(f) Right of appeal. Any permit holder who wishes to dispute the decision of a
hearing may appeal the decision to the Director of the Tarrant County Health
Department.
(g) Application after revocation. Final revocation of a pool and/or spa permit
shall not prevent the holder of the revoked permit from making written
application for a new permit to the regulatory authority.
(h) Closed pool, spa or interactive water feature. Prior to reopening, the owner or
operator shall provide the application and fee, required as listed in Review of
plans and specifications, if a pool, spa or interactive water feature:
(1) closes voluntarily at the request of the regulatory authority on more
than two occasions in one calendar year; or
(2) closes on court order on more than two occasions in one calendar year.
Section 9. Public pool, spa or interactive water feature operator certification
(a) Requirement. The person in charge of pool, spa or interactive water feature
operations at a Class C pool as defined by the adopted regulations, shall have
at least one certified pool, spa or interactive water feature operator employed
to maintain the pool, spa or interactive water feature for each apartment
complex or municipal location. The certificate must be kept on premises to
facilitate inspections.
(b) Termination of certified pool, spa or interactive water feature operator. In the
event that a certified pool, spa or interactive water feature operator is
terminated or transferred, the business shall have 60 days from the operator's
termination or transfer date to designate a new certificate holder. This
requirement is applicable even if pool, spa or interactive water feature
maintenance operations are contracted to an outside company.
Section 10. Penalty for violation
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this
article shall be fined not more than $2,000.00 for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 11. Designation of health authority
The city designates the Medical Director of the Tarrant County Public Health
Department as its health authority for the purpose of insuring minimum standards
of environmental health and sanitation within the scope of that department's
function.
Section 12. Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is,
for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions
of this ordinance.
Section 13. Effective Date
The provisions of this ordinance shall take effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 21sT DAY OF MAY, 2013.
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ATTEST:
THE HONORABLE BILL AGAN, MAYOR
LINDA CANTU, TMRC, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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~~T°~L'--L " "a, CITY ATTORNEY
SWIMMING POOL SPA & INTERACTIVE WATER FEATURE FEE
SCHEDULE
Plan Review and opening inspection $150
Annual Permit $250
Required reinspection $75