HomeMy WebLinkAboutOrdinances (O-90-799)-04/02/1990
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3 ORDINANCE NO:
0-90-799
4 I ORDINANCE AMENDING THE COLLEYVILLE CITY CODE BY ADDING THERETO
PROVISIONS GOVERNING THE OPERATION AND INSPECTION OF PUBLIC
SWIMMING POOLS AND SPAS, INCLUDING DEFINITIONS, ESTABLISHING
SANITATION STANDARDS, ADOPTING BY REFERENCE TEXAS STATE LAWS,
EGULATIONS AND STANDARDS, REQUIRING PERMITS FOR THE OPERATION OF
PUBLIC SWIMMING POOLS AND SPAS, DESIGNATING THE TARRANT COUNTY
EALTH DEPARTMENT AS THE HEALTH AUTHORITY, REQUIRING POOL/SPA
OPERATOR CERTIFICATION IN POOL SAFETY AND SANITATION, PROVIDING
EMEDIES AND PENALTIES FOR VIOLATIONS AND PROVIDING FOR
PUBLICATION.
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EREAS, the City Council of the City of Colleyville deems it is
in the best interest of the City to establish
regulations governing the operation of pUblic swimming
I pools and spas;
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12 ~OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
13 I ICOLLEYVILLE, TEXAS:
THAT Chapter 4 of the Colleyville Code be amended by
adding thereto Section l8, providing as follows:
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"section l8: Public Swimming Pools/Spas
A. Designation of Health Authority
The city of Colleyville designates the
Tarrant County 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.
B. State Regulations and Guidelines Adopted
(l) 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 34l.064 of the Texas Health and Safety
Code; Design Standards for Public Swimming
Pool Construction, 25 TAC, Chapter 337,
sections 337.7l through 337.96 and the Texas
Department of Health pUblication "A Training
Course in Swimming Pool Operation."
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Ordinance 0-90-799
(2) A certified copy of each of the
above 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:
(1) Public Swimming Pool - any swimming
pool, other than a private, residential
swimming pool, intended to be used
collectively by numbers of persons for
swimming or bathing operated by any person as
defined herein, whether he be owner, lessee,
operator, licensee, or concessionaire,
regardless of whether a fee is charged for
such use.
(2) Private Residential Swimming Pool -
any swimming pool located on private property
under the control of the homeowner, the use of
which is limited to swimming or bathing by
members of his family or their invited guests.
(The design, construction, and operation of
such pools are not subject to the provisions
of this section).
(3) Regulatory Authority - shall mean
the 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 operate a public swimming
pool or spa in the city without a current and
valid pool permit issued by the Health
Department.
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Ordinance 0-90-799
(2) Posting - 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
business, the new business owner will be
required to meet current standards as defined
in City ordinances and state laws before a
permit will be issued.
(4) Multiple permits - a separate permit
shall be required for every pUblic swimming
pool or spa except pUblic swimming pools on
the same water filtration system will require
one permit.
(5) Denial of permit - a permit may be
denied if the Health Department, upon
inspection, determines that the requestor has
failed to comply with approved plans and
specifications and with this section.
(6) Permit fees - public swimming
pools/spas - a fee of $lOO.OO per pool and
$lOO.OO per spa is required annually. Fees
are due and payable on or before May lst of
each year and are payable to the Tarrant
County Health Department at l800 University
Drive, Fort Worth, Texas 76l07.
E. Review of Plans
(1) Submission of Plans - Before a pool
or spa is constructed or extensively
remodelled, properly prepared plans and
specifications for such construction or
remodelling 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, in the
type of model of proposed fixed equipment and
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Ordinance 0-90-799
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facilities. The health department shall
approve plans and specifications and meet the
requirements of these rules. No public pool
or spa shall be constructed or extensively
remodelled except in accordance with plans and
specifications approved by the health
department. All installation shall utilize
anti-vortex drain covers after the effective
date of this ordinance.
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(2) Pre-operational inspection - the
health department shall inspect newly
constructed or remodelled public pools or spas
prior to the operation, in order to determine
compliance with approved plans and
specifications, and with the requirement of
these rules. Inspection requests must be made
a minimum of three working days prior to the
desired opening date.
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F. Pool/Spa Closure
A pool or spa shall be closed when the
following conditions exist:
(1) Disinfectant levels are below
Texas Department of Health specified minimums.
(2) PH is below 7.0.
(3) When the visibility in the pool
is so poor as to enable viewing of the bottom
drain from above the surface of the water.
(4) Chlorine levels above lOppm
exist.
A closed sign is to 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 0-90-799
(1) Disinfectant (said measurement
shall be made three times daily with at least
three hours between each measurement).
(2) PH (the measurement shall be
made at least three times daily with a minimum
of three hours between each measurement).
(3) Alkalinity (said measurement
shall be made at least once weekly).
(4) The amount, trade name, type of
chemical, date, and time any chemical is added
to a pool or spa.
H. suspension and Revocation of Permit
(l) Notice of Suspension - after
repeated violations, or repeated non-
compliance with the state pool standards, 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 day notice period is given by the health
department and a public hearing is not
requested by the permit holder. When a permit
is suspended pool/spa operations shall cease
immediately.
(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 days of the receipt of a suspension
notice, the permit is suspended. The health
department may end the suspension any time if
reasons for the suspension no longer exist.
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Ordinance 0-90-799
(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
the requirements of these rules or for
interference with the health department in the
performance of its duties. Prior to the
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 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 day period, the
revocation of the permit shall become final.
(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.
(5) 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.
(6) 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.
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I Ordinance 0-90-799
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(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
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 years from the issuance date and
must be 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 days from
this termination or transfer date to provide a
new certificate holder. This requirement is
applicable even if the pool maintenance
operations are contracted with an outside
company.
J. Fine for violations
Any person who violates a provlslon
of this ordinance, upon conviction shall be
subject to a fine not to exceed $2,000.00 for
each offense. Each and every day such
violation continues shall constitute a
separate offense.
THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption and penalty
clauses of this ordinance as an alternative method
provided by law.
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Ordinance 0-90-799
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D IT IS SO ORDERED
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The firs~ading and publ~~earip~being conducted on the
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sec n~reading and p~~c he~}ing being conducted on the
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thir~ reading and pU9tic hearing being conducted on the
" ( day of f4!/JiT...l" -P ' ~ /?f/.
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CITY OF COLLEYVILLE
~~~
ris Hawkins
Mayor
LEGALITY:
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