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(a) The director has the authority to enter the premises of a recreational aquatic spray ground at all reasonable times to make an inspection, to enforce any of the provisions of this article, to collect water samples or whenever the director has probable cause to believe that a violation of this article exists on such premises.
(b) The director shall first present appropriate credentials and demand entry if the premises are occupied. If the premises are unoccupied, the director shall first make a reasonable attempt to locate the owner, operator or manager of the premises and demand entry.
(c) If entry is denied or if an owner, operator or manager cannot be located, the director shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the provisions of the Texas Code of Criminal Procedure.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) If the director observes one or more violations of this article during an inspection, the director shall prepare a written inspection report specifying the violation(s) observed and ordering the owner, operator or manager to bring the facility into compliance with this article by a specified time. If the director does not observe any violations of this article during an inspection, the director may, but is not required to, prepare a written inspection report detailing the results of the inspection.
(b) The director shall furnish a copy of the inspection report to the owner, operator or manager of the RASG.
(c) The inspection report shall state:
“FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN ANY OR ALL OF THE FOLLOWING: THE ISSUANCE OF CRIMINAL CITATIONS, THE CLOSURE OF THE FACILITY, THE SUSPENSION OR REVOCATION OF YOUR RECREATIONAL AQUATIC SPRAY GROUND PERMIT, AND THE EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW.”
(d) A person commits an offense if the person owns, operates or manages a recreational aquatic spray ground and fails to comply with an order issued pursuant to this section.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) An owner, operator or manager of a recreational aquatic spray ground may request additional time in order to comply with the requirements of this article by submitting a written request for a variance from one or more specific provisions.
(b) The request for variance must clearly identify the specific provision(s) at issue and provide an estimated date by which the recreational aquatic spray ground will be in compliance.
(c) The director may grant a variance only if:
(1) The health and safety of the public will not be prejudiced by the variance; and
(2) Immediate compliance with the provision(s) would result in substantial difficulties or hardships for the individual requesting the variance.
(d) An individual who is granted a variance must meet comply with all of its terms, including the effective date, the time period for which the variance is granted, and any other condition specified by the director.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) An owner, operator or manager of a recreational aquatic spray ground may request a waiver from one or more specific provisions if alternate methods exist for protecting the public health and safety.
(b) A request for waiver must clearly identify the specific provision(s) at issue and must demonstrate that the proposed alternate methods provide adequate protection of the health and safety of the public.
(c) The director may grant a waiver only if the director determines that the alternate methods being proposed will adequately protect the health and safety of the public.
(d) A waiver granted under this section will remain in effect indefinitely but shall be revoked if the facility changes owners or operators and may be revoked by the director. The director shall provide the owner, operator or manager of the RASG with written notice that the waiver has been revoked and identifying the reason(s) for the revocation.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) The director may issue an initial recreational aquatic splash ground permit only if all of the following conditions are met:
(1) A completed application has been filed;
(2) All required fees have been paid in full;
(3) a. Detailed plans and specifications demonstrating compliance with all requirements of this article have been submitted and reviewed by the director; or
b. Detailed plans and specifications demonstrating compliance with some requirements of this article have been submitted and reviewed by the director and the director has granted a written variance or waiver from compliance with any remaining requirements of this article.
(4) a. A licensed professional engineer has examined the plans and specifications and certified by original signature and engineer’s seal that the plans and specifications comply with all requirements of this article; or
b. A licensed professional engineer has examined the plans and specifications and certified by original signature and engineer’s seal that the plans and specifications comply with some requirements of this article and the director has granted a written variance or waiver from compliance with any remaining requirements of this article.
(5) a. A pre-operation inspection by the director has been completed and the RASG is found to be in compliance with all requirements of this article; or
b. A pre-operation inspection by the director has been completed and the RASG is found to be in compliance with some requirements of this article and the director has granted a written variance or waiver from compliance with any remaining requirements of this article.
(6) a. A licensed professional engineer has inspected the RASG and certified by original signature and engineer’s seal that the RASG is installed and constructed in accordance with all requirements of this article; or
b. A licensed professional engineer has inspected the RASG and certified by original signature and engineer’s seal that the RASG is installed and constructed in accordance with some requirements of this article and the director has granted a written variance or waiver from compliance with any remaining requirements of this article.
(b) A permit granted under this section is valid for a period of one year.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) The director may deny the issuance of a RASG permit if:
(1) Any of the technical requirements of § 16-503 are not met;
(2) All required fees have not been paid in full;
(3) A permit application is incomplete or contains one or more materially false statements;
(4) Plans and specifications submitted for review contain one or more false statements or misrepresentations as to a material fact; or
(5) The director determines that specific conditions exist that would pose a threat to public health or safety.
(b) If a permit is denied, the director shall provide the applicant with written notification within ten days of the date the application is denied. Such notice shall set out the grounds for the denial.
(c) The notice of denial must be served on the applicant by personal delivery or 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 receipt of the notice of denial. The appeal must be in writing, specify the reasons why the permit should not be denied, and filed with the director. An appeal from a denial of an application shall be conducted in accordance with § 16-517 of this article.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
After notice and hearing, the director may suspend for up to 180 days or may revoke a recreational aquatic spray ground permit if:
(a) An owner, operator or manager of the RASG fails to comply with any of the technical requirements set forth in § 16-503;
(b) An owner, operator or manager of the RASG fails to comply with an inspection report order;
(c) An owner, operator or manager of the RASG disobeys a closure order issued by the director pursuant to this article; and
(d) An owner, operator or manager of the RASG made a materially false statement on the permit application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this article.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) The director may order a recreational aquatic spray ground spa closed if the director determines that:
(1) The RASG is being operated without a valid RASG permit; or
(2) The continued operation of the RASG will constitute an imminent hazard to the health or safety of persons using the facility, or those in close proximity to the facility.
(b) After the director closes a recreational aquatic spray ground, the owner, operator or manager of the RASG shall immediately:
(1) Properly post and maintain signs at all entrances to the RASG that state “CLOSED UNTIL FURTHER NOTICE;” and
(2) Lock all doorways and gates that form a part of the RASG enclosure.
(c) Signs required by subsection (b) above shall be a minimum size of eight and one-half inches by 11 inches. The lettering shall be of a contrasting color to the background. Signs shall be positioned so that they are readily visible to a reasonably observant person.
(d) If the owner, operator or manager of the RASG is absent or fails or refuses to comply with subsections (b) and (c) above, the director may post signs and secure the premises in accordance with this section.
(e) A person commits an offense if the person is an owner, operator or manager of a RASG subject to a closure order and fails to comply with subsection (b) or (c) of this section.
(f) A person (other than the director) commits an offense if the person removes, defaces, alters, covers or renders unreadable a closure sign posted by the director.
(g) A person commits an offense if the person uses a recreational aquatic spray ground that has been closed by the director and that is properly posted as required by this section.
(h) A person commits an offense if the person is an owner, operator or manager of a RASG subject to a closure order and knowingly allows persons to use the recreational aquatic spray ground.
(i) A RASG closed by the director shall not resume operation until a re-inspection by the director determines that the facility has been brought into compliance with this article.
(j) (1) A permit holder may appeal a closure order to the director within three days after the issuance of the order.
(2) The appeal must:
a. Be in writing;
b. Set forth the reasons why the closure order should be rescinded; and
c. Be filed with the director.
(3) The filing of an appeal does not stay the closure order.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
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