(A) Permit required; transferability; posting. A person may not operate an aquatic facility without a permit issued by the regulatory authority. Permits are not transferable from one person to another person or from one location to another location. A valid permit must be posted at every establishment regulated by this chapter. Therapeutic pools and class E pools as defined in the standards are not exempt from this section.
(B) Application for permit. A person desiring to operate an aquatic facility 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 pool, the name and address of each manager of operations, and the application fee. An incomplete application will not be processed. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. All permits will expire March 31 of each year; the same information is required for a renewal permit as for an initial permit. Each pool and spa at each location will be charged a separate permit fee as determined by the regulatory authority.
(C) Certification of Manager of Operations.
(1) A Manager of Operations of an aquatic facility shall obtain certification from the regulatory authority. A Manager of Operations may obtain certification by successfully completing a training course conducted by the regulatory authority. No person will be allowed to act as the manager of operations without first having obtained certification.
(2) At least two certification training programs will be conducted per year. The fee for certification of a manager of operations shall be determined by the regulatory authority, and the certification shall expire one year following its issuance.
(3) A person showing a current certificate as a Certified Aquatic Facility Operator (A.F.O.), Certified Pool-Spa Operator (C.P.O.), a Pool Operator on Location (P.O.O.L.) or any other training approved by the regulatory authority, may be exempt from the health district training as long as:
(a) Facilities constructed before the adoption of this chapter must comply with all provisions of this chapter and all future amendments to this chapter, unless the regulatory authority grants a variance in writing, or unless otherwise exempted under Tex. Health and Safety Code § 757.005;
(b) If a variance to this chapter is issued by the regulatory authority, the permit applicant must annually reapply for the variance in writing. The granting of a variance does not guarantee that the Director will grant future variances; and
(c) All fees are non-refundable and will not be prorated.
(Ord. 781, passed 5-17-10; Am. Ord. 948, passed 5-30-19)