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Item 6B M E M O R A N D U M March 13, 2012 To: Shana Yelverton, City Manager From: Ken Baker, AICP – Director of Planning & Development Services Subject: Ordinance No. 1023, 2nd Reading Amending Chapter 10 “Health and Sanitation” of the City of Southlake Ordinances, as amended by adding Article VI, “Public Swimming Pool and Spas” Action nd Requested: Conduct a public hearing and consider approval of Ordinance 1023 (2 Reading). Background Information: For more than 14 yearsTarrant County has provided permitting and inspections services for public swimming pools in the city. Public swimming pools in Southlake are primarily those larger pools maintained by Home Owner Associations. The State has recently updated its regulations for public pools, spas and interactive water features and has requested that the City adopt these regulations into our City Code to better serve the customer and avoid any confusion. Also, by including the State regulations in the City Code, this will allow the City to provide enforcement actions if ever needed. Citizen Input/ Board Review: None. The City is adopting approved State regulations into the City Code. Planning & Zoning Commission: No action required. Legal Review: Yes Attachments: Proposed Ordinance 1023 Letter from Tarrant County Public Health st Council Action: 1 Reading - Approved (7-0) on consent ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 10 “HEALTH AND SANITATION”, OF THE CITY OF SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY ADDING ARTICLE VI, “PUBLIC SWIMMING POOLS AND SPAS” TO CHAPTER 10; PROVIDING REGULATIONS THEREFOR; 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 the health and sanitation regulations by adding a new article 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 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 V.T.C.A., Health and Safety Code § 341.064; and the 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. Sec. 10-155. Definitions. \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 2 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 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 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 director 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, \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 3 "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 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 \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 4 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. 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 shall inspect all public pools, spas, or interactive water feature 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 or spa operator's name and address. (c) Inspection fees. A fee, as set forth in the city's fee resolution, 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. 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); \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 5 (4) Chlorine levels above eight ppm; or (5) Any other imminent health hazards. (b) The city 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 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 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. \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 6 (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 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) 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. \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 7 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 \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 8 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 FIRST READING ON THIS ______ DAY OF __________________, 20__. ___________________________________________ JOHN TERRELL, MAYOR ATTEST: ___________________________________________ ALICIA RICHARSON, CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________, 20___. ___________________________________________ JOHN TERRELL, MAYOR ATTEST: ___________________________________________ ALICIA RICHARDSON, CITY SECRETARY EFFECTIVE: ____________________ \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 9 APPROVED AS TO FORM AND LEGALITY: ___________________________________________ CITY ATTORNEY \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 10 \Packet\Item 6B.doc L:\Meetings\City Council\2012-03-20 CC Meeting Page 11