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HomeMy WebLinkAboutOrdinance No. 04-1539 CITY OF THE COLONY, TEXAS ORDINANCE NO ~)14' t~'~Yl AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 10, BY ADDING ARTICLE VIII, SECTIONS 10-101 THROUGH 10-108, ESTABLISHING THE REGULATION OF CONSTRUCTION AND OPERATION OF PUBLIC POOLS; PROVIDING FOR GENERAL OPERATION STANDARDS; PROVIDING FOR GENERAL SANITATION AND CONSTRUCTION STANDARDS TO INSURE PUBLIC SAFETY AND HEALTH; PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Title 25, § 265.181 et seq., of the TEXAS ADMINISTRnTIVE CODE provides minimum standards for public pools and spas that are considered in addition to municipal laws applicable to pools and spas; and WHEREAS, after due deliberations and consideration, the City Council of the City of The Colony finds that it is in the public interest to establish and adopt such standards as provided in § 265.181 et seq. of the TEXAS ADMINISTRATIVE CODE to insure public safety and health; NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: .SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2~ AMENDMENT That The Colony Code of Ordinances be, and the same is, hereby amended by amending Chapter I0, by adding Article VIII, Sections 10-101 through 10-108 establishing the regulation of construction and operation of public pools, to provide for general oporation standards, and to provide for general sanitation and construction standards in order to insure public safety and health, which shall read as follows: 63178 "ARTICLE VIII. PUBLIC SWIMMING POOLS Sec. 10-101. Adoption of Texas Standards for Public Pools and Spas. The City of The Colony adopts by reference the provisions of the current roles or rules as amended by the Texas Board of Health found in 25 TEXAS ADMINISTRATIVE CODE, Chapter 265, Sections 181 through 207, as amended, regarding the regulation of public pools in this jurisdiction. Sec. 10-102. Definitions. In addition to the rules herein adopted by reference, the following definitions shall apply: ,4uthorized agent or employee: The employees of the City of The Colony. City: The City of The Colony, Texas. Public pools: Any man-made permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water, including the deck area, for swimraing, diving, or recreational bathing and having a depth of at least 18 inches at any point, other than a single or double family (duplex) residential pool, which 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. Pools may be diving or nondiving. If diving, they shall be further classified into types indicating the suitability for use with diving equipment. The term does not include a decorative fountain which is not used as a wading or swimming pool. References within the standard to various types of pools are further defined by the following categories: (a) Class ,4 pool -- Any pool used, with or without a fee, for accredited competitive aquatic events such as Federation Internationale de Natation Amatuer (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 Cpool -- Any pool operated for and in conjunction with lodgings such as hotels, motels, apartments, condominiums, mobile homes parks, property owners associations, clubs, etc. or a school, college or university while being operated for academic or continuing education classes or clubs or practice events (excluding competition events as per subparagraph (A) of this paragraph). 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. 63178 (d) Class D pool -- A splasher pool with a maximum water depth of 36 inches at any point or wading pool with a maximum depth of two feet at any point. (e) Class Epool -- A special purpose pool such as wave or surface action pools, catch pools, leisure rivers, interactive play attractions, vortex pools, and other such pools used primarily for aquatic attractions. State rules: The state rules found at 25 TEXAS ADMINISTRATIVE CODE, Chapter 265, Sections 181 through 207, as amended. These rules are also know as the Standards for Public Pools and Spas. Regulatory authority: The City of The Colony, Texas. Sec. 10-103. Permits and Exemptions. A person may not operate a public pool without a permit issued by the City Health Department.. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be posted on site in public view at every public pool regulated by this ordinance. No permit for operation can be approved until the City building official has approved construction or remodeling of such pool as provided in this chapter. Sec. 10-104. Application for Permit and Fees. (a) Any person desiring to operate a public pool must make a written application for a permit on forms provided by the City. The application must contain the name and address of each applicant, the location and type of the proposed pool and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Prior to the approval of an initial permit or the renewal of an existing permit, the City Health Department shall inspect the proposed public pool to determine compliance with state laws and roles. A public pool that does not comply with state laws and roles will be denied a permit or the renewal of a permit. (c) All applicable fees under this ordinance shall be established by resolution of the City Council. Sec. 10q05. Review of Plans. (a) Whenever a public pool is constmcted or extensively remodeled and whenever an existing structure is converted to use as a public pool, engineered, prepared plans and specifications for such construction, remodeling or conversion shall be 63178 submitted to the Building Official for review before work is begun. Extensive remodeling means that 20% or greater of the area of the public pool is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical and construction of materials, and the type and model of proposed fixed equipment and facilities in accordance with this ordinance. The construction, remodeling or conversion shall conform to the approved plans and specifications. (b) Failure to follow the approved plans and specification will result in a permit denial, suspension, or revocation. (c) The provisions of this Chapter regarding pool construction or remodel are in addition to other applicable building and licensing ordinances. See. 10-106. Suspension of Permit. (a) The City may, without warning, notice, or hearing suspend any permit to operate a public pool if the operation of the public pool constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by this section. When a permit is suspended, pool operation shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded the opportunity for a hearing within twenty (20) days of receipt of a request for a hearing. (b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a heating will be provided ifa written request for a hearing is filed with the City by the holder of the permit within ten (10) days. If no written request for a hearing is filed within ten days, the suspension is sustained. The City may end the suspension at any time if reasons for the suspension no longer exist. Sec. 10-107. Revocation of Permit. (a) The City may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or the interference with the City in the performance of its duties. Prior to revocation, the City shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten day period following service of such notice unless a written request for a hearing is filed with the City by the holder of the permit within such ten day period. Co) The hearings provided for in this section shall be conducted by the Board of Adjustment at a time and place designated by the Board. Based upon the recorded evidence of such a hearing, the Board shall make final findings, and shall determine whether or not the permittee is in compliance with this article. Upon a finding of noncompliance, the Board may revoke any permit or place conditions to obtain 63178 compliance or reinstate such permit. A written report of the hearing decision shall be furnished to the holder of the permit by the City. Sec. 10-108. Remedies. (a) Any person who violates a provision of this article and any person who is the permit holder of or otherwise operates a public pool that does not comply with the requirements of this article and any responsible officer of that permit holder or those persons shall be fined in an amount not to exceed two thousand dollars ($2,000.00). (b) The City may seek to enjoin violations of this article." SECTION 3. SAVING Chapter 13 of the Code of Ordinances of the City of The Colony, as amended, shall remain in full fome and effect, save and except as amended by this ordinance. SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses at~d words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares that it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. REPEALER That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE This ordinance shall become effective from and after its adoption and publication as provided by law. 63178 PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ,/-3~l'ay of~"l/~ ,2004. APPROVED: Jot~ Dillard, Mayor Cit~J of The Colony, Texas ATTEST: , 'Cq'nfistie Wilson, City Secretary, City of The Colony, Texas APPROVED AS TO FORM: bert E. ftager, City ittome/2~- / City of The Colony, Texas (REI4/cdb 3/10/04) 63178