Texas Department of State Health Services definitions applicable. The definitions found in 25 Texas Administrative Code, Chapter 265, Section 265.181 through 265.207 regarding the regulation of public pools and spas shall apply to this article except as such terms may be otherwise defined herein.
Administrator. The term “administrator” shall mean the department(s) or division(s) of the city designated by the City Manager to administer and/or enforce the provisions of this article and any person or persons designated by such a division or department to represent the division or department for said purposes.
Modify or modified or modification. The term “modify” or “modified” or “modification” shall mean the replacement of or change to a pool structure, circulation system and/or appurtenances such that the design, configuration, and/or operating characteristics are different than the original design, configuration, and/or operating characteristics, but does not include normal maintenance and repair or the replacement of equipment which had been previously approved, provided that the type, size, and/or operating characteristics of the equipment are not substantially different than the original equipment.
Pool permit. The term “pool permit” shall mean the permit required by the provisions of this article. The term does not include any other permit required for the construction of a pool or spa, and the issuance of a permit under the provisions of this article shall not be construed to exempt a pool or spa from any other applicable legal requirements, including without limitation the requirement to obtain a building permit or any other permit required by law.
City of Longview Registered Pool Operator. A person who provides the below credentials and applies with Administrator for registration to provide Certified Pool Operator service in the City of Longview:
(a) Confirmation of current year attendance of the City Longview code update and orientation taining; and
(b) Provides certification showing successful completion of one of the following nationally recognized courses in aquatic facility operation, safety and management:
1. National Recreation and Park Association, "Aquatic Facility Operator" (A.F.O.);
2. Pool and Tub Association, "Certified Pool-Spa Operator" (C.P.O); or
3. Other training at approved by the Administrator.
Enclosure means a fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround an aquatic facility.
Extensively remodeled means the replacement of or modification to an aquatic facility structure or its enclosure, its circulation system or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation, including the installation of new deck detail or tile work that is different from the original design. 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.
Person in charge means the owner of the aquatic facility, or the person identifying himself or herself as the owner's designated representative and person in charge on the permit application. This person may also be the certified pool operator.
Public aquatic facility means any aquatic facility which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use.
Secured means that an enclosure during normal operation is maintained so that all gates and entrances are maintained closed with functioning self-latching and self-closing mechanisms, and that the enclosure is not allowed to maintain gaps large enough to allow the passage of a four-inch sphere or provide any feature that may be climbed by a child to gain access to the aquatic facility. The enclosure during times when the aquatic facility is closed to the public must maintain the above conditions, but the gates or entrances to the enclosure must also be locked so that no person may enter the gates or entrances without the authorization of the certified pool operator and/or person in charge.
Service animal means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
State aquatic facility regulations means the regulations adopted by the state of Texas to regulate public pools and spas, and includes the following, as amended from time to time:
(a) Texas Health and Safety Code Title 5, §341.064 "Swimming Pools and Bathhouses," as amended, and
(b) Texas Health and Safety Code Chapter 757 "Pool Yard Enclosures"; as amended, and
(c) Texas Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools and Spas;" as amended, and
(d) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water Features Fountains," as amended.
(Ord. No. 3057, § 2, 8-23-01; Ord. No. 3085, § 11, 1-10-02; Ord. No. 3525, § 18, 6-14-07; Ord. No. 4420, § 2, 3-09-23)