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HomeMy WebLinkAboutOrdinances (O-12-1840)-07/03/2012ORDINANCE 0-12-1840 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER 54, ARTICLE II AND ARTICLE III, ADOPTING NEW REGULATIONS FOR FOOD SERVICE ESTABLISHMENTS AND PUBLIC SWIMMING POOLS AND SPAS TO THE COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR NEW PERMIT FEES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF $2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville, Texas entered into an agreement with Tarrant County to provide food establishment~~'~ and public swimming pool inspections on August 20, 1996; and I WHEREAS, Tarrant County has written new model food establishment and public swimming pool and spa ordinances and fees and has requested that the City of Colleyville adopt said ordinances and fees and repeal the current regulations in their entirety; and ' WHEREAS, all legal prerequisites for the passage of this Ordinance have'' been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 54, Article II and III, of the Code of Ordinances is hereby repealed and replaced as follows: ARTICLE II. Food Service Establishments Section 54-26. Adoption of Texas Food Establishment Rules The City of Colleyville adopts by reference the provisions of the current rules or rules, as amended by the Executive Commissioner of the Health and Human Services Commission, found in 25 Texas Administrative Code (TAC), Ordinance 0-12-1840; Page 2 of 15~ Chapter 229, Sections 161 through 171 and 173 through 175 regarding thE regulation of food establishments in this jurisdiction. Section 54-27. Definitions The words "authorized agent or employee" mean the employees of thE regulatory authority. The words "food establishment" mean a food service establishment, a retai food store, a temporary food establishment, a mobile food unit, and/or ~ roadside food vendor. The words "state rules" mean the state rules found in 25 Texa~ Administrative Code, Chapter 229, Sections 161 through 171 and Section~ 173 through 175. These rules are also known as the Texas Fooc Establishment Rules. The words "regulatory authority" mean the Tarrant County Public Healtr Department Section 54-28. Permits and Exemptions A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferrable from one person or entity to another or from one location to another location, except as otherwise permitted by this Ordinance. A valid permit must be visibly posted in or on every food establishment regulated by this Ordinance. Section 54-29. Application for Permit and Fees (a) Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment, and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food Ordinance 0-12-1840; Page3of15 establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) Fees for permits issued under this Ordinance shall be as listed in the fee schedule in Section 54-36. Section 54-30. Review of Plans (a) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this Ordinance. The approved plans and specifications must be followed in construction, remodeling, or conversion. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (c) Fees for the review of plans shall be as listed in the fee schedule in Section 54-36. Section 55-31. Inspections (a) Before a permit is issued, the City or its authorized representative shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to 25 TAC 229.171(h). (b) The regulatory authority shall classify food establishments as special priority, high priority, medium priority, or low priority, according to the Ordinance 0-12-1840 Page 4 of 15 type of operations; particular foods that are prepared; number o people served; susceptibility of the population served; history o violations and any other risk factor deemed relevant to the operation. (c) Refusal of an owner, manager, or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein, during normal business hours, will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per Section 54-33. Section 54-32. Food Manager / Food Handler Education Requirement: (a) Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. (b) Each food service establishment with six or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. (c) Every employee of a food service establishment, other than a certified food manager, must maintain a valid food handler certification registered with the regulatory authority. (d) Food handler certification shall be valid for a period of up to three years as determined by the regulatory authority. (e) Food manager and food handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority. Section 54-33. Suspension of Permit (a) The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by Section 54-33(b) of these regulations. When a permit is suspended, food operations shall immediately cease. Whenever a permit is Ordinance 0-12-1840 Page5of15 suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing. (b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten days. If no written request for a hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. Section 54-34. Revocation of Permit (a) The regulatory authority may, after providing 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 regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority 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~I hearing is filed with the regulatory authority by the holder of the il permit within such ten day period. , (b) If no request for hearing is filed within the ten day period, the revocation of the permit becomes final. Section 54-35. Administrative Process (a) A notice as required 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 as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. (b) 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 hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing rl ~-rl i.n ~. r..... !1 1'l ti[~ A!'- v 1 4 1 1 1 ~.1 1 1\..\.. V 1 L 1 V T V~~ Page6of15~ decision shall be furnished to the holder of the permit by the regulatory authority. Section 54-36. Fees Description Fee Food Store Annual less than 5 001 s uare feet 200 reater than 5 000 s uare feet 300 Food Service Annual less than 501 s uare feet 100 between 501 and 1 500 s uare feet 150 between 1 501 and 3 000 s uare feet 200 between 3 001 and 6 000 s uare feet 250 reater than 6 000 s uare feet 300 Child Care Food Service Annual 150 Caterin O eration Annual 250 Food Court Annual 200 er establishment Ad'unct O eration Annual Food Service 150 er inde endent o eration Food Store less than 5 001 s uare feet 150 er inde endent o eration Food Store reater than 5 000 s uare feet 200 er inde endent o eration Commissar Annual no food re 100 with food re 200 Mobile Units Annual re acked food onl 100 o en and/or food re 200 ush carts 200 Plan Review less than 501 s uare feet 0 between 500 and 3 000 s uare feet 50 reater than 3 000 s uare feet 100 Late Fee 1 to 30 da s late 10% of fee owed 31 to 60 da s late 20% of fee owed 61 to 90 da s late 30% of fee owed reater than 90 da s ermit revocation Reins ection Fee re uired reins ection 75 Swimmin Pool S a& Interactive Water Feature Fee Schedule Plan Review and O enin Ins ection Annual 150 Annual Permit 250 Re uired Reins ection 75 Ordinance 0-12-1840 Page7of15~ ARTICLE III. Public Swimming Pools and Spas Section 54-71. 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 54-72. 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. I City. Authorized representatives of the City of Colleyville, 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 man made 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 a single family residence. Ordinance 0-12-1840 Page8of15 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 a single 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 sheeting 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 54-73. 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) Non-transference (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. Ordinance 0-12-1840 Page9of15 (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 54-74. 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 I approval. The application shall include: I 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 Ordinance 0-12-1840 Page 10 of 15 5. And, any additional information necessary to verify compliance. (b) Approval. The City or regulatory authority 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 or regulatory authority. Section 54-75. Inspections (a) Preoperational inspections. The City or regulatory authority 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 regulatory authority 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 Section 54-81, 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 54-76. 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: Ordinance 0-12-1840 Page 11 of 15 1. Disinfectant level below the minimums set by the Texas Department of State Health Services; 2. pH below 7.9; 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. 54-77. 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: (a) Disinfectant-three times per day; (b) pH-three times per day; (c) Alkalinity-one time per week; (d) Chemicals added-as noted by name, amount and date; and (e) Other information needed to ensure the facility's proper operation. 54-78. 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 r~ Ordinance 0-12-1840 Page 12 of 15 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 or regulatory authority 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 or regulatory authority 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, spa, or interactive water feature, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit as shown on their 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, spa, or interactive water feature permit shall not prevent the holder of the revoked permit from making written application for a new permit to the regulatory authority. Ordinance 0-12-1840 Page 13 of 15 (h) Closed poo% spa, or interactive water feature. Prior to reopening, the owner or operator shall provide the application and fee required by Section 54-36 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 54-79. 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 location. The certificate must be kept on premises to facilitate inspections. (b) Termination of certified poo% spa, or interactive water feature operator. In the event that a certified pool, spa, or interactive water feature operator is terminated or transferred, the entity 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 54-80. 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 ensuring minimum standards of environmental health and sanitation within the scope of that department's function. Sec. 3. THAT this Ordinance shall be cumulative of all provisions of ordinances of the City of Colleyville, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance 0-12-1840 Page 14 of 15 Sec. 4. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are, severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. Sec. 5. THAT 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 ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec.6. THAT this Ordinance shall take immediate effect upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19t" day of June 2012. The second reading and public hearing being conducted on the 3rd day July 2012. PASSED AND APP~ROyED by the City Council of the City of Colleyville, Texas, on this the ~~°'~-day of 2012. A Cynthi3 Singleton, TRMC, City Secretary CITY OF COLLEYVILLE [~.~ ~~. David Kelly Mayor Ordinance 0-12-1840 Page 15 of 15 APPROVED AS TO FORM AND LEGALITY: `~ ,' ~ Matthew C. G. Boyle City Attorney