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(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)
The standards of the following regulatory materials, in their current form and as they may hereafter be amended, are adopted and applied into this article as if they were set forth at length herein:
(a) Tex. Health and Safety Code Title 5. § 341.064 “Swimming Pools and Bathhouses;” and
(b) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, “Standards of Public Pools and Spas.”
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 6, passed 3-1-2005)
As a condition of obtaining and keeping a permit, a public pool or spa shall at all times be in compliance with the following permit conditions.
(a) The public pool/spa shall meet or exceed the standards set forth in Tex. Health and Safety Code § 341.064, “Swimming Pools and Bathhouses,” as currently enacted or as it may hereafter be amended.
(b) The public swimming pool/spa shall meet or exceed the standards set forth in Tex. Administrative Code Title 25, Chapter 265, Subchapter L, “Standards of Public Pools and Spas,” as currently enacted, or as it may hereafter be amended.
(c) Fencing or other enclosures for the public swimming pool/spa shall meet or exceed the requirements of Chapter 7, “Buildings,” of the code of the City of Fort Worth, Texas (1986), as amended, V.T.C.A. Health and Safety Code Chapter 757, “Pool Yard Enclosures,” as currently enacted, or as it may hereafter be amended, and the standards set forth in Tex. Administrative Code Title 25, § 265.200, “Pool Yard and Spa Yard Enclosures for Post-10-01-99 and Pre-10-01-99 Pools and Spas.”
(d) Pool or spa yard enclosures.
(1) All Class C and D pools and spas, must have an enclosure. Any existing pool or spa that does not have an enclosure shall construct an enclosure in compliance with this subsection (d)(1). Such enclosure on existing pools and spas not subject to the Tex. Health and Safety Code Chapter 757, shall be upgraded to the standards set forth in this article by January 7, 2007. Enclosures on existing pools/spas subject to the Health and Safety Code Chapter 757, that are not in compliance, shall be upgraded to the standards of Chapter 757 by January 7, 2007.
(2) The pool or spa yard enclosure shall consist of one or a combination of the following: a fence, portion of a building, wall or other durable enclosure. Doors, openable windows, gates of living quarters or associated private premises shall not be permitted as part of the pool/spa enclosure. The enclosure, doors and gates shall meet the following specifications:
a. Minimum effective perpendicular height of at least 48 inches as measured from the deck surface or ground on the outside of the fence;
b. Be designed and constructed so that it cannot be readily climbed by small children. If the enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 45 inches, the openings shall not allow the passage of a four-inch diameter sphere;
c. If the pool/spa yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the openings may not allow a sphere one and three-fourths inches in diameter to pass through the enclosure;
d. Planters or other structures that may allow children to climb the fence shall not be permitted to encroach within 36 inches measured horizontally from the outside of the fence; and
e. Chain link shall not be used.
(3) Gates and doors for the public pool or spa yard enclosure shall:
a. Be equipped with self-closing and self-latching devices and be latched when the pool or spa is not in use. The self-closing device shall be designed to keep the gate or door securely closed and the self-latching device shall latch when the gate is allowed to close from anywhere in its range of operation, from its fully open position to a position where the gate is open six inches from the fully closed position;
b. Open outward away from the pool or spa except for compliance with applicable city ordinances;
c. Have hand activated door or gate opening hardware located at least three and one-half feet above the deck or walkway;
d. Be capable of being locked;
e. Be locked when a Class A or B pool or spa at a Class A or B facility is not opened for use; and
f. Be locked when a pool/spa is closed as a result of a hazard or condition that warrants the closure and locking of the pool/spa.
(4) The enclosure shall be designed and constructed so that all persons will be required to pass through common pool/spa enclosure gates or doors in order to gain access to the pool/spa area. All gates and doors exiting the pool/spa area shall open into a public area or walkway accessible by all patrons of the pool/spa.
(e) All plumbing, electrical work, mechanical facilities and structures for the swimming pool/spa shall meet or exceed all applicable requirements of Chapter 7, “Buildings;” Chapter 11, “Electricity;” and Chapter 26, “Plumbing,” of the code of the City of Fort Worth, Texas (1986), as amended.
(f) Storage of pool/spa chemicals shall meet or exceed all applicable requirements of Chapter 13, “Fire Prevention and Protection,” of the code of the City of Fort Worth, Texas (1986), as amended.
(g) Pool/spa water shall be maintained so as to prevent the breeding or harborage of insects.
(h) Pool/spa water shall not emit odors that are foul and offensive to a person of reasonable sensibilities.
(i) Plumbing facilities shall be installed so that swimming pool/spa filter backwash is filtered and recycled in a manner approved by the water department.
(j) A permit holder or applicant shall give the director access at all reasonable times to inspect the swimming pool/spa and to take water samples to determine compliance with this article.
(k) A swimming pool/spa permit shall be prominently displayed on the pool/spa premises and be available at all times for inspection by the director.
(l) Drainage from public swimming pools/spas shall be discharged to the sanitary sewer system only with the prior consent of the water department or that director’s authorized representative.
(m) All Class D pools/spas constructed after the adoption of this article will have separate filtration systems and the recirculation system shall turn over the entire pool/spa water capacity at a minimum of once every 30 minutes based on the manufacturer’s recommended turn over rate with a clean filter.
(n) All post-October 1, 1999 pool and spa changing/bathing areas shall be equipped with at least one diaper changing station(s) per restroom. Each changing station will be manufactured from smooth and easily cleanable sturdy materials and maintained in good repair at all times when the pool/spa is open. Each diaper changing area will be equipped with hand washing sinks and supplied with hot and cold running water and soap for hand washing and disposable towels or air hand drying device.
(o) A sign visible from the pool/spa yard enclosure shall state in at least two-inch letters “DIAPER CHANGING IN THE POOL/SPA AREA IS PROHIBITED.”
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 7, passed 3-1-2005; Ord. 18521-03-2009, § 1, passed 3-31-2009)
(a) Prior to beginning the construction of a new swimming pool/spa or the extensive remodeling of an existing swimming pool/spa, the owner shall submit plans and specifications for such construction or remodeling to the director for review.
(b) The plans and specifications shall indicate the proposed layout and arrangement of mechanical, plumbing, fencing, electrical, construction materials of work areas, the type and model of proposed fixed equipment and facilities and all associated buildings or structures.
(c) A licensed professional engineer shall examine the final pool/spa design/blueprints for all new and extensively remodeled pools/spas (including structural, mechanical, plumbing or electrical renovations) and certify by original signature and engineer’s seal compliance with Tex. Administrative Code Title 25, §§ 265.183 to 265.201 and §§ 265.205(a) to 265.206(d), “Standards for Public Pools and Spas.”
(d) No work shall begin until the director has received the engineer’s certificate of pre-construction, conducted a plans review and has relayed to the planning and development department that a building permit may be issued. Work shall commence and conclude within the time allowed by such permits. Deviations from approved plans shall not be permitted. If no work has begun within 180 days from the date the director has given written notice that work may begin, the director may rescind such advisory.
(e) The pool or spa construction shall pass a pregunite inspection, preplaster inspection and preoperational inspection by the director prior to issuance of a permit.
(f) A licensed professional engineer shall inspect the completed new or renovated pool/spa construction and certify by original signature and engineers seal that the pool/spa is installed and constructed in accordance with the Tex. Administrative Code Title 25, §§ 265.183 to 265.201 and §§ 265.205(a) to 265.206(d), “Standards of Public Pools and Spas.”
(Ord. 12156, § 1, passed 9-12-1995; Ord. 13749, § 1, passed 3-23-1999; Ord. 16313, § 8, passed 3-1-2005; Ord. 17522, § 5, passed 4-24-2007)
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