1023 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.
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 Tess or a volume of 3,250 gallons or
Tess 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 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 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);
(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.
(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.
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 FIRST READING ON THIS 6 DAY OF MARCH, 2012.
'
JOHN TERRELL, MAYOR
ATTEST:
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ALICIA RICHARSON, CITY STARY e l 1
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PASSED AND APPROVED ON SECOND READING ON THIS 20 DAY OF MARCH, 2012.
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JOHN TERRELL, OR
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CITY ATTORNEY
INVOICE atIAR ' z g0R
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 320239561
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 2/24/2012
Federal Tax ID 26- 2674582 RECEIVED Terms: Net due in 21 days
Due Date: 2/29/2012
Bill To: MAR - 6 2012 PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 32023956
STE 440 OFFICE OF CITY SECRETARY Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 2/24/2012
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a. ARtt IS- NOTICE
PUBLI en* OF SOUTHLAKE, TEXAS OF I3580 1 27 27 LINE $17.41 $469.94
Notice is hereby given to all.inter-
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Soh, xas, w conside the ($433.77)
Sales 1 follo lake ite in ill the Co uncil
Chambers at Town Hall,1400 Main
Street, Southlake, Texas.
Misc F City Council on d, Mh , 20
2012, at 5:30 p.m. Tues or ay imm $10.00
following the City Council Work
Session, will hold a public hearing
and consider:
Ordinance No. 1023, an ordinance
of the City of Southlake amending N Amount: $46.17
Chapter
at 4.5 "Building and Building ``
Regulations ", Arti'cle X, "Swimming
Pool, Spa, and Hot Tub Code" and
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Chapter 10 "Health and Sanitation ",
Article 111 "Food Establishments"
of the City of Southlake Code of 4t s5� .. pAY Pl49%.
Ordinances, as amended. I .�` . .0
All interested persons are urged to ..="c- ; z ' / O ' . 4 1
attend. ^ 1 % \ y • 7 �
City of So l� :7,
Alicia Richardson, TRMC 1 �3
City y 9 OF
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Cit Secretary i
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publishe ikthe above named paper on the listed dates: BIDS & LEGAL DEPT. S R TELEGRAM
(817) 215 -2323 t� ` `\ �`� �(� l\
Signed `\ 4 � � RD —1-\\\ \ ()�- _ "`-0 C-
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Feb a / 2012. /
Notary Public /11 . /., i 4V1 ,1 /
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 320239561
Invoice Amount: $46.17
PO Number: NO PO
Amount Enclosed: