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is hereby repealed and replaced as follows: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),
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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
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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
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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
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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
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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
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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.
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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.
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(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
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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:
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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~
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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.
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(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.
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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
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APPROVED AS TO FORM AND LEGALITY:
`~ ,' ~
Matthew C. G. Boyle
City Attorney