Item 6B - Ordinance No. 1023AORDINANCE NO. 1023
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING CHAPTER 10 "HEALTH AND SANITATION",
ARTICLE VI, "PUBLIC SWIMMING POOLS AND SPAS"
OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES,
AS AMENDED, BY ADDING ARTICLE VIAMENDING THE
REGULATIONS FOR, "PUBLIC SWIMMING POOLS AND
SPAS" Tn runoTER 10j PROVIDING REG i Tyco
TuF-REFOR; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the local Government Code; and
WHEREAS, Chapter 10 of the City of Southlake Code of Ordinances
provides for health and sanitation regulations that were adopted to protect the
public health, safety, and welfare; and
WHEREAS, the City Council now desires to amend certain provisions
the health and sanitation regulations by adding a Rew aFt'Glo providing for
the regulation of public swimming pools and spas, and;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 10, "Health and Sanitation", of the Code of Ordinances of
the City of Southlake, as amended, is hereby amended by adding -revising
Article VI to read as follows:
"ARTICLE VI. PUBLIC SWIMMING POOLS AND SPAS
Sec. 10-154. State regulations and guidelines adopted.
There is hereby adopted by reference of the Texas Health and Safety
Code, Title 5, Subtitle A, Chapters 341.064, 341.0645, and 341.0695; Texas
Health and Safety Code, Title 1, Chapter 1, Section 1.005, and Texas Health
and Safety Code, Title 9, Subtitle A, Chapter 757 and the current rules as
amended by the Executive Commissioner of the Health and Human Services
Commission for Standards for Public Pools and Spas (Texas Administrative
Code, Title 24, Chapter 265, Subchapter L), Public Interactive Water Features
and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter
M) and Pool Yard Enclosures (Texas Health and Safety Code, Chapter 757)
V..-T.G.A.,,—rHeaI+ d Saufety Cede-§341 .064,arRd the Tex. A !r"amiR.. Cede §§
265.181 26F 209, "Standards for P blin Pools anus" adTex. AdFniR.
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A copy of each shall be kept on file in the official records of the city.
Sec.10-155. Definitions.
All definitions in the V.T�—C:°�Texas 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 means a person who possesses a valid pool
operator's certificate from a course approved by the city.
City means authorized representatives of the City of Southlake, which
shall include the director and representatives of the Tarrant County Public
Health Department.
Director means the Medical 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 means 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 means 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.
Private residential spa means 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) means any indoor
or outdoor installation maintained for public recreation that includes water
sprays, dancing water jets, waterfalls, duping buckets, or shooting water
cannon in various arrays for the purpose of wetting the persons playing in the
spray streams.
Regulatory authority means the direGtOr and representatives of the
Tarrant County Public Health Department.
Spa means 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.
Sec. 10-156. Pool and spa permits.
(a) Required. It shall be unlawful for any person to operate a public or semi-
public pool or 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) Nontransferable (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.
Sec. 10-157. 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 EheGkeF Fne-ReyetderMRthe aFnE) int Of $150 00 payahlo
Tarrant Gei Rty
e
(4) Texas; and fee as adopted by the Tarrant County Commissioner's
Court
(5) And any necessary additional information necessary to verify
compliance.
(b) Approval. The city and 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 and
regulatory authority.
Sec. 10-158. 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 or regulatory authority shall inspect all public
pools, spas, or interactive water feature at least once per year. The owner er
operator shall request peGtinn by permit applTGaton providing the noel
spae e different,
(c) Inspection fees. A fee as set forth in the nity'S fee reseluhire, Fees shall
be required to be paid for preoperational inspections and, thereafter, on an
annual basis as specified by the Tarrant County Commissioner's Court. Fees
shall be paid to Tarrant County Public Health Department. at 1101 Sel'th Main
Fert Worth, Texas 76104 Only one permit will he required for a p blin Peel,
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spaspa er interan Ater feature Gennented to a single filtration system
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Inspection foes shall he based en the number of filtra+inn systems Ienated at a
single address. InspeGtien fees fer single filtratien systerns shall be $250.00
each All health permit fees are enforceable within thirty (30) days of approval
of the Tarrant County Commissioner's Court.
Sec. 10-159. Pool or spa 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) The city or regulatory authorit .will immediately post a closed sign and
the pool or spa access gate shall be locked until all violations have been
corrected.
Sec. 10-160. Pool, spa, and interactive water feature 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.
Sec. 10-161. Suspension and revocation of permit.
(a) Notice of suspension. The city or regulatory authorit .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. The city will
immediately post a closed sign 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 Gity, 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 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 or requlatory authority 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 or regulatory authority 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 Medical Director of the Tarrant
County Health Department.
(g) Application after revocation. Final revocation of a pool and/or spa
and/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.
(h) Closed pool, spa, or interactive water feature. Prior to reopening, the
owner or operator shall provide the application and fee required by subsection
46-74(a)10-156 if a pool or spa:
(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.
Sec. 10-162. Public pool or spa operator certification.
(a) Requirement. The person in charge of pool, spa, or interactive water
feature operations at an apartment complex or municipal location shall have
at least one certified pool or spa 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 or spa 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.
Sec. 10-163. 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.
Sec. 10-164. 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.
Secs. 10-165 through 10-180. -Reserved."
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the
City of Southlake and shall not repeal any of the provisions of such
ordinances, except in those instances where provisions of such ordinances
are in direct conflict with the provisions of this ordinance.
SECTION 3.
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 void, ineffective or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation
herein of any such void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
That all rights or remedies of the City of Southlake, Texas, are expressly
saved as to any and all violations of the City Code or any amendments thereto
regarding food establishments that have accrued at the time of the effective
date of this ordinance; and as to such accrued violations, and all pending
litigation, both civil or criminal, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
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 all violations involving zoning, fire safety, or public health and
sanitation, including dumping or refuse, and shall be fined Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish
in the official newspaper of the City of Southlake, the caption, penalty clause,
and effective date clause of this ordinance as authorized by the City Charter
and Section 52.013 of the Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 5t" of December 2023.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 19th of December 2023.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE: