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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated.
DECK. The surface surrounding a swimming pool that is intended to be used for walking by those using the pool.
DIRECTOR. The director of the department of public health for the city, or the director’s authorized representative.
EXTENSIVELY REMODELED. The replacement of or modification to a pool/spa structure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation. This term does not include the normal maintenance and repair or the replacement of equipment, which has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment.
FREE AVAILABLE CHLORINE. That portion of the total chlorine remaining in chlorinated water that is not combined with ammonia or nitrogen compounds and that will react chemically with undesirable or pathogenic organisms.
MAY. An act or omission is permissive.
NATIONALLY ACCREDITED POOL/SPA OPERATOR.
(1) A person who obtains certification by completion of one of the following courses or other nationally recognized course in pool and spa operation, safety and management:
a. NRPA, “Aquatic Facility Operator” (A.F.O.);
b. NSPF, “Certified Pool-Spa Operator” (C.P.O);
c. Y.M.C.A., “Pool Operator on Location” (P.O.O.L.);
d. NSPI, “Professional Pool and Spa Operator” (P.P.S.O.); or
e. ASPSA, “Licensed Aquatic Facility Technician” (L.A.F.T.).
(2) Possesses a valid and current certificate of accreditation.
PH. The negative logarithm of the hydrogen-ion concentration of a water solution; a measure of the acidity of alkalinity of a solution expressed in standard units.
POOL.
(1) Any human-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 facility that meets the definition of recreational aquatic spray ground under Article XIX of this chapter. The term does not include a spa or decorative fountain that is not intended to be used as a POOL.
(2) References within the standard to various types of pools are defined by the following categories.
a. CLASS A POOL. Any pool used, with or without a fee, for accredited competitive aquatic events such as Federation Internationale de Natation Amateur (FINA), United States Swimming, United States Diving, National Collegiate Athletic Association (NCAA), National Federation of State High School Associations (NFSHSA), events. A CLASS A POOL may also be used for recreation.
b. CLASS B POOL. Any pool used for public recreation and open to the general public with or without a fee.
c. CLASS C POOL.
1. Any pool operated for and in conjunction with:
i. Lodging such as hotels, motels, apartments, condominiums or mobile home parks;
ii. Property owner associations, private organizations or clubs (including but not limited to country clubs); or
iii. A school, college or university while being operated for academic or continuing education classes.
2. The use of such a pool would be open to occupants, members or students, etc., and their guests but not open to the general public.
d. CLASS D POOL. A wading pool with a maximum water depth of 24 inches at any point.
POOL AREA. The water surface and deck of a swimming pool.
PUBLIC SWIMMING POOL. Any swimming pool other than a private swimming pool. The term shall include the deck and all related facilities such as dressing and locker rooms, toilets, showers and other areas designed for use by the facility’s patrons.
RESIDENTIAL POOL OR SPA. A pool or spa that is located on private property under the control of the property owner or the owner’s tenant and that is intended for use by not more than two resident families and their guests. It includes a pool or spa serving only a single-family home or duplex.
SHALL. An act or omission is mandatory.
SHOULD. An act or omission is recommended but not mandatory.
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.
TAC. The Texas Administrative Code.
TRAINED POOL/SPA OPERATOR. A person who has attended at least seven hours of pool/spa operation and safety training within the past three years that is approved by the director and who has achieved a score of 70% or more on the end of the course examination.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, §§ 2, 3, passed 3-1-2005; Ord. 18521-03-2009, § 1, passed 3-31-2009)
(a) The city council shall adopt a schedule of fees for:
(1) Public pool and spa permits, including an additional fee for the reissuance of a permit after its expiration;
(2) Re-inspection;
(3) Plans review;
(4) Change of ownership; and
(5) Pre-permit requests for services.
(b) The public health department may not issue a permit or conduct a plans review until all requisite fees have been paid.
(c) The fee schedule shall be available to the public at the public health department, consumer health division.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 4, passed 3-1-2005)
(a) A person required to have a permit under this article shall annually complete a permit application on a form prescribed by the director.
(b) Prior to the issuance of permit, the applicant shall allow the director to inspect the public pool/spa for compliance with the requirements of the article.
(1) The director will inspect any public pool/spa that is newly constructed, extensively remodeled or under new ownership prior to the issuance of a permit.
(2) The director may inspect all other public pools/spas, at the director’s discretion, prior to the issuance of a permit.
(3) The owner/operator of a public pool/spa shall be responsible at all times for the safe operation of the public pool/spa and for operating the public pool/spa in compliance with this article.
(c) The director may require the applicant to provide evidence to the director’s satisfaction that the public swimming pool/spa meets the permit conditions of § 16-462.
(d) The director may not issue a permit until the public swimming pool/spa passes any required inspection and all applicable fees have been paid.
(e) A permit is valid only for the public pool/spa for which it is issued. A separate permit shall be required for each pool/spa located on the same premises. Multiple pools sharing a common filtration system must have separate health permits. A permit is not transferable to other persons, pools or spas.
(f) A permit is valid for one year from the date of its issuance unless:
(1) It is suspended or revoked by the director;
(2) The pool/spa changes ownership; or
(3) The pool/spa is remodeled extensively.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 5, passed 3-1-2005)
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