Ord 02-2019 02/19/2019 Amending Chapter 58 Health Article 5 Water Related Activities 2/19/2019
Ordinance No. 02-2019
Ordinance amending Chapter 58 Health Article 5 Public and Semi-
Public Water Related Activities in its Entirety, and Providing for
Codification
WHEREAS, the Health District is the Regulatory Authority for the City of Wichita
Falls; and,
WHEREAS, the Health District recommends revision of the existing Pool
Ordinance to promote and protect the health and safety of all citizens utilizing aquatic
facilities; and,
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an
Aquatics ordinance that promotes and protects the health and safety of all citizens utilizing
aquatic facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 58 Health Article 5 Public and Semi-Public Water Related Activities
of the Code of Ordinances of the City of Wichita Falls is hereby amended to
read as follows:
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Sec. 58-135. - Adoption of rules and regulations.
Sec. 58-136. - Definitions.
Sec. 58-137. - Penalty for violation.
Sec. 58-138. - Permit; certification of manager of operations.
Sec. 58-139. - Inspections.
Sec. 58-140. - Maintenance and operation.
Sec. 58-141. - Regulations in pool and spa area; suspension of permit.
Sec. 58-142. - Construction compliance.
Sec 58-143 Regulations for all persons in aquatic facilities.
Secs. 58-14458-199. - Reserved.
(a) The standards of the following statutes, laws, and regulations 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:
(1) Tex. Health and Safety Code Title 5. § 341.064 "Swimming Pools and Bathhouses;" and
(2) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and
(3) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools
and Spas;" and
(4) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water
Features and Fountains."
(b) If a conflict occurs between a provision of this article and a provision of the above statutes, laws, or
regulations, the stricter provision shall apply.
(Ord. No. 11-2001, § 1, 2-6-2001)
Sec. 58-136. - Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article,
shall have the meanings hereinafter designated. A term not included in this list of definitions but defined
within the state aquatic facility regulations shall have the meaning assigned to it within the state aquatic
facility regulations:
Aquatic facility means a pool, spa, special aquatic activity device, public interactive water feature,
fountain or venue that may be used for swimming or bathing, or other regulated water body as defined by
state aquatic facility regulations.
Authorized agent or employee means the director of health of the regulatory authority, which shall
have the enforcement responsibility for this article.
Certified pool operator. A person who:
(a) Possesses a valid and current certificate of accreditation, and
(b) Obtains certification by completion of one of the following courses or other nationally recognized
course in aquatic facility operation, safety and management, and:
1. NRPA, "Aquatic Facility Operator" (A.F.O.);
2. NSPF, "Certified Pool-Spa Operator" (C.P.O);
3. Y.M.C.A., "Pool Operator on Location" (P.O.O.L.);
4. NSPI, "Professional Pool and Spa Operator" (P.P.S.O.); or
5. ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or
Coliform testing refers to total coliform not fecal coliform.
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.
Manager of operations means the person primarily responsible for the safe, sanitary maintenance of
a public pool, spa, or other water-related activity.
Permit holder means a local person who has the ultimate responsibility for the operation of any pool,
spa, or other related water activity regulated in this article, and who shall, in all respects, act as the
representative for any entity having an ownership interest in the same.
Private aquatic facility means any aquatic facility located on private, single-family residential property
under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's
or tenant's family or invited guests.
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.
Regulatory authority means the Wichita Falls-Wichita County Public Health District.
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 easily climbed 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.
Semi-public aquatic facility means any aquatic facility which is not included within the definition of
either "private aquatic facility" or "public aquatic facility" as those terms are defined in this section.
Service animal means a dog that has been individually trained to do work or perform tasks for an
individual with a disability. The task(s) performed by the dog must be directly related to the person's
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) Tex. Health and Safety Code Title 5, § 341.064 "Swimming Pools and Bathhouses;" and
(b) Tex. Health and Safety Code Chapter 757 (Pool Yard Enclosures); and
(c) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Standards of Public Pools
and Spas;" and
(d) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter M, "Public Interactive Water
Features and Fountains."
(Code 1966, § 18-108; Ord. No. 11-2001, § 2, 2-6-2001)
Cross reference
Definitions generally, § 1-2.
Sec. 58-137. - Penalty for violation.
A violation under this section is a Class C misdemeanor, punishable by a fine In addition thereto, such
person may be enjoined from continuing such violations. Each day upon which such violation occurs
constitutes a separate violation.
(Code 1966, § 18-114(a); Ord. No. 11-2001, § 8, 2-6-2001)
Sec. 58-138. - Permit; certification of manager of operations.
(a) Permit required; transferability; posting. A person may not operate a public or semi-public aquatic
facility without a permit issued by the regulatory authority. Permits are not transferable from one person
to another person or from one location to another location. A valid permit must be posted at every
establishment regulated by this ordinance. Therapeutic pools as defined in the standards are not
exempt from this section.
(b) Application for permit. A person desiring to operate a public or semi-public aquatic facility must make
a written application for a permit on forms provided by the regulatory authority. The application must
contain the name and address of each applicant, the location and type of the pool, the name and
address of each manager of operations and the application fee. An incomplete application will not be
processed. Failure to provide all required information or falsifying information required may result in
denial or revocation of the permit. All permits will expire March 31 of each year; the same information
is required for a renewal permit as for an initial permit. Each pool and spa at each location will be
charged a separate permit fee as determined by the regulatory authority.
(c) Certification of manager of operations.
(1) A manager of operations of a public or semi-public aquatic facility shall obtain certification from
the regulatory authority. A manager of operations may obtain certification by successfully
completing a training course conducted by the regulatory authority. No person will be allowed to
act as the manager of operations without first having obtained certification.
(2) Certification training classes will be conducted each year. The fee for certification of a manager
of operations shall be determined by the regulatory authority and the certification shall expire
March 31 of the year following its issuance.
(3) A person showing a current certificate as a Certified Aquatic Facility Operator (AFO), Certified
Pool-Spa Operator (CPO), a Pool Operator on Location (POOL) or any other training approved
by the regulatory authority, may be exempt from the health district training
(5) If a variance to this article is issued by the regulatory authority, the permit applicant must annually
reapply for the variance in writing. The granting of a variance does not guarantee that the director
will grant future variances.
(Code 1966, § 18-109; Ord. No. 11-2001, § 3, 2-6-2001)
Sec. 58-139. Inspections and annual pre inspections
a) The regulatory authority is authorized to conduct inspections as necessary to ensure compliance
with all sections of this article. The regulatory authority shall have the right of entry at any
reasonable hour upon the premises where a public or semi-public aquatic facilities is located. The
regulatory authority shall have the authority to collect water and photographic and/or video
evidence from the aquatic facility.
b) Each public or semi-public aquatic facility shall pass an annual pre-operation inspection by the
regulatory authority prior to use by the public each permit year. There shall be no charge for one
preliminary pre-operation inspection that is not requested by the facility and for one pre-operation
inspection that is requested by the facility; a re-inspection fee shall be required for all further pre-
operation inspections.
c) Effective with permit renewal in 2020, each public or semi-public aquatic facility shall also annually
submit certification by a licensed, registered electrician that the electrical equipment for the aquatic
facility meets all local, state, and federal electrical codes on a form promulgated by the city.
(Code 1966, § 18-110(a); Ord. No. 11-2001, § 4, 2-6-2001)
Sec. 58-140. - Maintenance and operation.
(a) Every public or semi-public aquatic facility shall be under the supervision of the permit holder, who
shall be responsible for compliance with all parts of this article relating to aquatic facilities
maintenance, and operation and safety of swimmers. It shall be unlawful for such permit holder to
cause or permit the existence of a condition which is in violation of any section of this article.
1) It shall be the duty of the certified pool operator and/or an appropriately trained designee
to:
a. assure that someone can physically respond within one hour of being notified by
the regulatory authority to the site of the aquatic facility; and
b. Check at least once per day that the aquatic facility remains in compliance with
this article and with state aquatic facility regulations; and
c. Check and record water chemistry at least once per day for each aquatic facility
permitted to ensure compliance with state and local aquatic facility regulations,
including:
1. Disinfectant levels; and
2. pH levels; and
3. Cyanuric acid levels (if applicable); and
d. Ensure that an appropriate method is used to check water chemistry as specified
in state aquatic facility regulations; and
e. Retain records of daily water chemistry checks for at least two years on site; and
g. Register certification as a certified pool operator or manager of operations with
the regulatory authority and maintain a copy of the registration on site at the facility.
In the event that the certified pool operator/manager of operations is no longer
employed on premises, the aquatic facility must employ another certified pool
operator/manager of operations who possesses or obtains a current Wichita Falls
Wichita County Public Health District Manager of operations or certified pool
operator as defined by this ordinance.
2) To ensure compliance with this article, it is recommended that all manager of
operations/certified pool operators use a DPD test kit certified by the American National
Standards Institute (ANSI).
(b) All pumps, filters, sanitizers and chemical feeders, drains, ladders, lighting, ropes and appurtenant
equipment used in the operation of all public and semi-public aquatic facilities, shall be maintained in
a good state of repair.
(c) All public and semi-public aquatic facilities shall be treated and maintained in accordance with current
Texas Department of State Health Services unless otherwise stated:
(1) Every pool shall contain a sanitizer concentration equivalent to a free chlorine residual between
1.0- 8.0 ppm. Every spa shall contain a sanitary concentration equivalent to a free chlorine
residual of 3.0- 8.0ppm. If aquatic facility is outside the required range of free chlorine residual or
equivalent, then the aquatic facility shall be immediately closed to the public. A test kit for
measuring the concentration of the free chlorine shall be present at each aquatic facility. The
regulatory authority must approve use of any sanitizer other than chlorine.
(2) Every aquatic facility shall have water with a pH of not less than 7.2 and not more than 7.8. An
adequate pH test kit shall be present at each aquatic facility. If an aquatic facility test shows an
acid reaction less than 7.0 or basic reaction over 7.8, then the pool or spa shall be immediately
closed to the public.
(3) The presence of microorganisms of the total coliform group or E. coli in any water sample shall
be deemed unacceptable water quality. Two consecutive samples showing microorganisms of
total coliform will be grounds for immediate closure of the aquatic facility.
(4) Every aquatic facility shall have water clarity sufficient for the main drain or a six-inch diameter
turbidity test disk placed at the deepest part of the aquatic facility, to be clearly visible from the
sidewalks of the pool at all distances up to ten yards, measured from a line drawn across the pool
through the disc. Failure to meet this requirement shall be sufficient cause for immediate closure
of the aquatic facility.
(5) A 15-minute maximum timer will be installed and operational at each spa. The timer must be
located so that it cannot be reached unless a person exits the spa.
(6) Cyanuric acid shall not exceed 100ppm in any aquatic facility. If the level exceeds 100ppm, the
facility shall close until the level can be lowered to below 80ppm.
(7) During any routine inspection, if the regulatory authority is required to close the pool for non-
compliance, a re-inspection fee may be charged to the permit holder for each requested return visit
for re-inspection.
(Code 1966, § 18-110(b); Ord. No. 11-2001, § 4, 2-6-2001)
Sec. 58-141. - Regulations in pool and spa area; suspension of permit.
(a) A person commits an offense if he/she violates any portion of this article or the standards set forth by
the Texas Department of State Health Services.
(b) Failure to comply with any section of this article may result in the immediate closure of the aquatic
facility and/or the initiation of legal action. Upon determination that the aquatic facility does not comply
with the provisions of this article, the regulatory authority shall notify the permit holder or manager of
operations of the existing violations. If the regulatory authority determines that the condition of the
aquatic facility may be hazardous to the health or safety of the swimmers or to the general public, the
aquatic facility shall be immediately closed. A new inspection of the aquatic facility will be conducted
during the regular working hours of the regulatory authority at the request of the pool manager of
operations or the permit holder. If compliance has been achieved, the permit holder shall be notified
that the aquatic facility may be opened.
(c) When the regulatory authority has ordered that an aquatic facility be closed due to noncompliance with
any provision of this article, the permit holder shall not allow the aquatic facility to be used for
swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent
the use of such aquatic facility for such purposes. By way of example and without limiting such duty,
the permit holder shall immediately:
(1) Post notices reasonably likely to come to the attention of potential users of the aquatic facility
advising of the closure; and
(2) Lock all gates and doorways in any fence or other enclosure surrounding such pool.
Failure to immediately comply with the above will result in the regulatory authority posting a sign at the pool,
which states, "Pool Closed by Order of the Wichita Falls-Wichita County Public Health District." It shall be
unlawful to remove, cover or mutilate such sign without the approval of the regulatory authority. Use of the
aquatic facility by an individual for swimming, diving or bathing purposes after the regulatory authority has
ordered such aquatic facility to be closed shall be deemed prima facie evidence that the permit holder of
such aquatic facility has knowingly allowed the pool or spa to be used for such purposes.
(d) The regulatory authority shall suspend a permit to operate a public aquatic facility if:
(1) A permit holder fails to designate a certified manager of operations as specified in this article;
(2) The condition or operation of an aquatic facility is considered to be hazardous or constitutes an
imminent health hazard to the health or safety of swimmers or the general public; or
(3) The permit holder fails to keep all aquatic facility equipment and devices working properly.
The suspension shall continue until the regulatory authority has conducted a new inspection and the cause
of suspension is corrected.
(Code 1966, § 18-112; Ord. No. 11-2001, § 6, 2-6-2001)
Sec. 58-142. - Construction compliance.
(a) Prior to beginning the construction of a new aquatic facility or the extensive remodeling of an existing
aquatic facility, the owner shall submit plans and specifications for such construction or remodeling to
the building inspections department 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 aquatic facility design/blueprints for all new
and extensively remodeled aquatic facilities (including structural, mechanical, plumbing or electrical
renovations) and certify by original signature and engineer's seal compliance with state aquatic facility
regulations and this article.
(d) No work shall begin until regulatory authority has received the engineer's certificate of pre-
construction, conducted a plan review and has communicated with the building inspections 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 without approval in writing from
the regulatory authority and the building inspections department. If no work has begun within 180 days
from the date the regulatory authority has given written notice that work may begin, or if work has
begun and is halted more than 60 days, the director may withdraw approval.
(e) The aquatic facility construction shall pass a pre-gunite inspection, pre-plaster inspection and
preoperational inspection by the regulatory authority prior to issuance of a permit. The completion of
these inspections by a regulatory authority does not substitute or replace inspections required by other
departments within the city.
(f) It is the responsibility of the person in charge to ensure that the building permit applicant and licensed
professional engineer comply with all zoning, building, fire, and health ordinances of the City of Wichita
Falls
(Code 1966, § 18-113; Ord. No. 11-2001, § 7, 2-6-2001)
A person commits an offense if they:
(a) Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge, diarrhea, or
a communicable disease and bathes in a public or semi-public aquatic facility; or
(b) Alters or removes safety equipment or signage from a public or semi-public aquatic facility except
in an emergency; or
(c) Alters or damages any part of a public or semi-public aquatic facility enclosure or allows the
aquatic facility enclosure to remain unsecured while the enclosure is under repair; or
(d) Alters or damages drain and/or suction outlet covers or grates; or
(e) Carries glass within a public or semi-public aquatic facility area or enclosure; or
(f) Allows an animal under his control to enter or remain within the aquatic facility, area or enclosure
of a public or semi-public aquatic facility without approval from the regulatory authority, unless
the animal is a service animal; or
(g) Interferes with or obstructs the regulatory authority while they are in the process of enforcing this
article; or
(h) Is the manager of operations/certified pool operator or the person in charge and violates any
provision of this article.
Secs. 58-14458-199. - Reserved.
FOOTNOTE(S):