Loading...
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)
Whenever plans and specifications are required to be submitted to the director of public health by § 16-463 of this article, the director or the director’s duly authorized representative shall inspect the pool/spa prior to the start of operations, to determine compliance of the approved plans and specifications with the requirements of this article and regulations of the Texas department of state health services.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 9, passed 3-1-2005)
(a) The owner or person in control of a public swimming pool/spa shall designate one or more nationally accredited or trained pool/spa operators for the pool/spa as required. A nationally accredited or trained pool/spa operator shall be readily available on-site or by recall to be on-site within one hour during all hours of operation to monitor the public swimming pool/spa and maintain it in a safe and sanitary manner.
(b) New and existing Class A, B and D pools and spas, located at Class A and B facilities shall be required to have a nationally accredited pool/spa operator.
(c) New and existing Class C and D pools and spas shall be required to have trained pool/spa operators. In order to be considered trained, a pool/spa operator shall successfully complete a course in pool/spa maintenance and safety approved by the director.
(d) A person commits an offense if the person owns or is in control of a public swimming pool/spa that does not have a nationally accredited or trained pool/spa operator readily available during all hours of pool/spa operation.
(e) A person who owns or is in control of a public swimming pool/spa shall maintain proof by posting prominently on the premises that the pool/spa has a designated nationally accredited or trained pool/spa operator certificate and shall present such proof to the director upon demand.
(f) In a prosecution for a violation of subsection (d) above, failure to present proof of a designated nationally accredited or trained pool/spa operator to the director shall constitute prima facie evidence that a nationally accredited or trained pool/spa operator is not readily available during all hours of operation.
(g) Class C and D pools and spas.
(1) If a trained pool/spa operator is not employed on-site at the public swimming pool/spa, the owner or person in control of the pool/spa shall post a sign visible from the deck of the pool/spa stating the telephone number or pager number of the trained pool/spa operator. The letters in such signs shall be of a minimum height of one inch, and shall be of a color contrasting to their background.
a. At a minimum, such signs shall state:
“TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THIS FACILITY, CALL _____ DURING HOURS OF OPERATION.”
b. Such signs shall be of weather-resistant construction, and shall be posted where they are readily visible to a reasonably observant person.
(2) A person commits an offense if the person owns or is in control of a swimming pool/spa with no trained pool/spa operator employed on-site and fails to post or maintain signs required by subsection (g)(1)(a) and (g)(1)(b) above.
(i) Permit applications for new and existing Class A, B and D pools and spas located at Class A and B facilities shall name the designated nationally accredited pool/spa operator for the public swimming pool/spa for which a permit is sought. If the designated nationally accredited pool/spa operator changes during the term of the permit, the owner or person in control of the pool/spa shall immediately report such change to the director.
(j) A person commits an offense if the person owns or is in control of a public swimming pool/spa and knowingly fails to report a change of a nationally accredited pool/spa operator as required by subsection (i) above.
(k) The director shall charge a fee set by the city council for any courses or tests the director administers pursuant to this section.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 10, passed 3-1-2005)
(a) When Class A, B and D pools and spas, located at Class A and B facilities are open for use, water quality tests for disinfectant level and pH shall be conducted at least every two hours. To assure proper disinfectant levels and pH, tests shall be conducted more frequently if necessary. If a system is used to automatically control disinfectant and pH, testing for disinfectant level and pH shall be made at least once per day.
(b) When a Class C or D pool or a spa located at a Class C facility is open for use, water quality tests for disinfectant level and pH will be made one or more times per day. To assure proper disinfectant levels and pH, tests shall be conducted more frequently if necessary.
(c) Disinfectant levels and pH will be recorded following each test and the operational record of tests shall be kept for two years and will be made available upon request by the director.
(d) Test methods shall be capable of measuring chemical ranges as set forth in Tex. Administrative Code Title 25, Chapter 265 without dilution of pool or spa water.
(e) To ensure compliance with applicable codes, all pool and spa facilities shall record the inspections and make repairs, as necessary, of the following:
(1) Ground fault circuit interrupters for pool/spa equipment shall be tested weekly;
(2) Condition of pool/spa yard enclosure and gates shall be inspected weekly; and
(3) Emergency telephone operation shall be tested monthly.
(f) A person commits an offense if the person owns, is in control of, or is a nationally accredited or trained pool/spa operator of a public pool/spa and fails to maintain records as required by this section.
(g) A person commits an offense if the person owns, is in control of, or is a nationally accredited or trained pool/spa operator of a public swimming pool/spa and fails to make records required by this section available to the director immediately upon the director’s request.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 11, passed 3-1-2005)
(a) The director may deny the issuance of a pool or spa permit:
(1) If the applicant for the permit of the pool(s)/spa(s) being permitted has been convicted of one or more violations of this article, Tex. Health and Safety Code § 341.064, Tex. Administrative Code Title 25 Chapter 265 Subchapter L, or Tex. Health and Safety Code Chapter 757 within the 12 months preceding the date of the application; or
(2) If any of the permit conditions of § 16-462 are not met.
(b) An applicant whose permit is denied will be notified by the director, in writing, within ten days of the date of the denial. The director shall set out the grounds for the denial.
(c) The notice will be personally delivered to the applicant or sent by certified mail, return receipt requested, to the address listed on the application.
(d) An applicant whose permit is denied may request an appeals hearing within ten days after service of the notice of denial. Such request shall be in writing, shall specify the reasons why the permit should not be denied, and shall be filed with the director.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 12, passed 3-1-2005)
Loading...