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Ord 002-85 1/2/1985 ORDINANCE NO. AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF INDOOR AND OUTDOOR PUBLIC AND SEMI-PUBLIC SWIMMING POOLS, WADING POOLS, PORTABLE POOLS, DIVING TOWERS, WATER SLIDES, SPAS, WHIRLPOOLS, PUB- LIC BATH HOUSES AND RELATED POOL AREAS AND EQUIPMENT; REQUIRING A PERMIT, ESTABLISH A FEE; REQUIRING CERTIFICATION OF A POOL MANAGER OF OPERATION AND ESTABLISHING A FEE; AND, PROVIDING FOR ENFORCE- MENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1: DEFINITIONS • DEFINITIONS. When used in this Section, these terms shall be defined as follows: Administrative Authority. Means the Water Pollution Department shall have enforcement responsibility for this Ordinance. City. Shall mean the City of Wichita Falls, Texas. Director/Health Authority. Shall mean the Director/Health Authority of the Public Health District, or his authorized representative. Diving Towers. A structure typically higher than its diameter and higher relative to its surroundings for training purposes. Free Chlorine Residual. Shall mean the chlorine concentration, in milligrams per liter (mg/1) units of water, available for rapid and effec- tive biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammonical compounds after the initial chlorine demand of the water has been satisfied. Lifeguard. Shall mean an individual schooled and certified in an advanced course of instructions in life saving and water safety equiva- lent to that offered by the American Red Cross. Manager of Operations. Shall mean the person primarily responsible for the safe, sanitary maintenance of a public or semi-public pool, spa, water slide and/or whirlpool. Permit Holder. Shall mean a local person who has an ultimate re- sponsibility for the operation of any pools or related inspection water activity regulated herein, and who shall in all respects act as the representative for any entity having an ownership interest in same. Portable Pool. Shall mean a prefabricated pool which may be erected at the point of intended use and which may be subsequently dis- assembled and re-erected at a new location, generally installed on the surface of the ground and without excavation. -1- Private Pool. Shall mean any swimming pool, located on private property and limited to swimming or bathing by members of his or her family or their invited guest(s) . Public Bath House. Shall mean an establishment intended for use by the general public, a group of people, for swimming, bathing., or other related purposes. Public Pool. Shall mean any pool, spa or water slide which is in- tended 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. Semipublic Pool. Shall mean any pool, spa or water slide located on the premises of a hotel, motel, trailer court, apartment building, private club, townhouse complex, condominium or other similar establish- ment. Spa. Shall mean "therapeutic pool," "hydrotherapy pool," "whirl- pool," "hot tub" and similar type pools which may not be drained, cleaned and refilled for each individual. Water Slide. Shall mean any recreational water slide flume designed to provide a descending ride into a splash-down pool at the base of the slide. Whirlpool. Shall mean water moving rapidly in a circle, a magnetic or impelling force. SECTION 2: APPLICATION FEE AND OPERATIONAL PERMIT A person shall not operate a public or semipublic pool, spa, diving tower, water slide and/or public bath house, indoor or outdoor, without first completing an application form provided by the Water Pollution Division, Wichita Falls-Wichita County Public Health District and submit- ting a permit fee. A separate application shall be submitted for each water pool for which an operational permit is sought. The Administrative Authority shall issue a permit to an applicant if a qualified manager of operations has been designated and the fee has been paid. The amount of the fee is $70.00 for each water pool owned or operated by an appli- cant at one location. The fee is due on or before the first day of April of each calendar year and shall not be refunded. Operational permits shall expire on March 31st of each year. Certification of Manager of Operations A. A manager of operations of a public or semipublic pool shall obtain certification from the Administrative Authority by successfully completing a training course conducted by the Administrative Authority. If a person designated by an owner as manager of operations of a pool is not certi- fied, he shall attend and successfully complete the next training course conducted after his designation. B. The certification of a manager of operations expires March 31st of each year of certification and a manager must repeat the training course to maintain certification. The fee for attending a training course for the purpose of managing a pool is $30.00 per twelve (12) months per person, April 1 through March 31 of the next calendar year. -2- At least two certification training programs will be conducted per year. The Certification for pool manager of operations shall be mandatory. The manager of operations shall also have a certificate of competency ob- tained through attendance and successful completion of a swimming pool operator's training course as evidence of compliance with this section. The permit holder shall be responsible for compliance with all parts of this ordinance. SECTION 3: INSPECTIONS, MAINTENANCE AND OPERATION Inspections The Administrative Authority is authorized to conduct such inspec- tions as he deems necessary to ensure compliance with all provisions of this ordinance. He shall have the right of entry at any reasonable hour upon the premises where a public or semipublic pool is located. He shall have the authority to collect water samples from the pool. Maintenance and Operation A. Every public and semipublic pool shall be under the supervision of the permit holder, who shall be responsible for compliance with all parts of this Ordinance relating to pool maintenance, pool 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 part of this Ordinance. B. All pumps, filters, disinfectant and chemical feeders, drains, lad- ders, lighting, ropes and appurtenant equipment used in the operation of all public and semipublic pools, spas, diving towers, water slides, and/ or public bath houses shall be maintained in a good state of repair. C. All public and semipublic pools shall be treated and maintained in accordance with the following standards: 1) Every pool shall contain a disinfection concentration equiva- lent to a free chlorine residual of between 0.5 mg/1 and 3.0 mg/1. A test kit for measuring the concentration of the free chlorine within these ranges shall be present at each pool. Use of any disinfectant other than chlorine must be approved by the Admin- istrative Authority. 2) Every pool shall have water with a pH of not less than 7.2 and not more than 8.0. An adequate pH test kit shall be present at each pool. The total alkalinity of the pool water shall be at least 50 mg/1, but not greater than 150 mg/1. Two consecutive tests above or below limits will be grounds for suspension of the permit. To be reinstated, two consecutive acceptable tests will be taken at separ- ate hours (within 24 hours) . -3- 3) The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. Two consecutive samples showing organisms of coliform will be grounds for suspen- sion of the permit. A new permit fee of $70.00 will reinstate the permit in compliance with this Ordinance. 4) Every pool shall have water clarity sufficient for the main drain, or a six inch (6") diameter turbidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool. 5) Every pool shall be free of scum and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. 6) The recirculatory system of a public or semipublic pool must be in operation and properly maintained at all times when pool is in use. All pools shall be equipped with a recirculation system con- sisting of pumps, piping, filters and other accessory equipment which will clarify and disinfect the pool volume of water in 8 hours or less, thus providing a minimum turnover rate of at least 3 times in 24 hours. Failure to meet these requirements shall be sufficient cause for immediate closure of the pool. 7) Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of Wichita Falls. 8) Areas surrounding a public or semipublic pool, including bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. 9) All swimming pool backwash and drainage water shall be dis- posed of in accordance with the provisions of the City Industrial Waste Ordinance 83-71. 10) Cleaning. The walls, floors, equipment and appurtenant facil- ities of a spa or public or semipublic pool must be maintained in a clean and sanitary condition at all times. SECTION 4: HEALTH AND SAFETY PROVISIONS A. Where no lifeguard service is provided at a public swimming pool or wading pool, a warning sign shall be placed in plain view and shall state, "WARNING, NO LIFEGUARD ON DUTY. CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE," with clearly legible letters at least four (4) inches high. B. The following safety equipment shall be readily available at all public and semipublic pools, excluding spas and water slides, during all times they are open for use: -4- • 1) A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of twelve (12' ) feet; or a ring buoy of not more than fifteen (15") inches in diameter, to which shall be attached a throw line at least the length of the maximum width of t g the pool. 2) A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth is encouraged. C. Semipublic pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states, "WARNING - NO LIFEGUARD ON DUTY", with clear, legible letters at least four (4") inches in height. In addition, the sign shall also state, "CHIL- DREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE." D. A sign shall be placed in distinct view of swimmers at all semi- public pools giving the emergency telephone number of the Police Depart- ment and the ambulance service, or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. E. Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depth and spaced at not more than twenty-five foot (25' ) intervals around the entire perimeter of the pool. Markings must be in numerals of a minimum height of four (4") inches. F. Main Drain. The grating of the main drain outlet should be easily visible. Drains not constructed of shiny metal should be marked with a dark colored circle. G. All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well-ventilated place, out of the reach of children, and should be kept in a locked room. SECTION 5: REGULATIONS IN POOL AREA AND SUSPENSION Regulations in Pool Area A person commits an offense if he/she: A. Allows an animal under his/her control to enter or remain within the pool area or pool enclosure of a public or semipublic pool; or B. Has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semipublic pool; or -5- C. Works at a public or semipublic pool while infected with a com- municable disease; or D. Alters or removes safety equipment from a public or semipublic pool except in an emergency; or E. Carries glass within a public or semipublic pool area or enclosure. Failure to Comply Failure to comply with any section of this Ordinance may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not comply with the provisions of this ordinance, the Administrative Authority shall notify the Permit Holder of the existing violations. If the Administrative Authority deter- mines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public, the pool shall be immediately closed. A reinspection of the pool will be conducted during the regular working hours of the Wichita Falls Health Department 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 pool may be opened. Violation of Closure Order When the Administrative Authorit y has ordered that a pool be closed due non-compliance P e to non compliance with any provision of this Ordinance,P nance, the Permit Holder shall not allow the pool to be used for swimming, diving or bath- ing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the Permit Holder shall (1) immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure, and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. When- ever the permit is suspended, the Health Officer shall cause a sign to be posted at the pool which states, "POOL CLOSED BY ORDER OF THE HEALTH DEPARTMENT." It shall be unlawful to remove, cover or mutilate such sign without the approval of the Health Officer. Use of the pool by an individual for swimming, diving or bathing purposes after the Administrative Authority has ordered such pool to be closed shall be deemed prima facie evidence that the Permit Holder of said pool has knowingly allowed the gool to be used for such purposes. Suspension A. The Director/Health Authority shall suspend a permit to operate a public or semipublic pool, spa, diving tower, and/or bathhouse if: 1) The annual permit fee is not paid; or 2) A Permit Holder fails to designate and retain a certified manager of operations as specified in this Ordinance; or -6- 3) The condition of a pool is hazardous to the health or safety of swimmers or the general public; or 4) The Permit Holder fails to keep all pool equipment and devices working properly. B. The suspension shall continue until the cause of suspension is cor- rected. SECTION 6 A. Any cor erson, firm or corporation who shall violate any of the pro- ' P P visions of any section or subdivision of this Ordinance shall be fined not less than $50.00 nor more than Two Hundred Dollars ($200.00) , and each day of such violation shall constitute a separate offense. B. The provisions of this Ordinance are to be cumulative of all other ordinances or parts of ordinances governing or regulating the same sub- ject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict with any of the provisions of this ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict. SECTION 7 If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. The City of Wichita Falls hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, sub- sections, sentences, clauses, or phrases be declared unconstitutional or invalid. PASSED AND APPROVED THIS iC-_DAY OF lLt-Cdeti4 , 198,5' 98 . w � I Mayor ATTEST: . _�L� /A ' ity Jerk -7- Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) ORDINANCE NO.1-85 On this . 2$ day of January AN ORDINANCE CLOSING,VA-f CATING,AND ABANDONING-A I PORTION OF AN EASEMENT 1 A.D. 1985 . personally appeared before me, the undersigned authority , LOCATED IN LOT 4, BLOCK 2, MIDWESTERN PARK,UNIT 2,AN : bookkeeper ADDITION TO THE CITY OF i Toni B1 ve 1 'rP WICHITA FALLS, TEXAS 1 . ORDINANCE NO.2-85 AN ORDINANCE REGULATING I THE OPERATION AND MAIN-i for the Times Publishing Company of Wichita Falls, publishers of the TENANCE OF INDOOR AND OUTDOOR PUBLIC AND SEMI- Wichita Falls Record News, a newspaper published at Wichita Falls in PUBLIC SWIMMING POOLS, . WADING POOLS, PORTABLE I POOLS, DIVING TOWERS, ' Wichita County, Texas, and upon being duly sworn by me, on oath states WATER SLIDES, SPAS, WHIRL- POOLS, PUBLIC BATHS HOUSES� that the attached.advertisement is a true and correct copy of advertising AND RELATED POOL AREAS AND EQUIPMENT;REQUIRING A PER- MIT,ESTABLISH.A FEE;REQUIR- published ins.�NE(1) issues thereof or. the following ING CERTIFICATION OF A POOL P MANAGER OF OPERATION AND ESTABLISHING A FEE; AND, dates: PROVIDING FOR ENFORCE- Jan. 25 MENT. • • ORDINANCE NO.3-85 ORDINANCE EXTENDING ORDI- NANCE NO. 83-84, WHICH ,\ ' ` /_,/%'ey�-b, �� WAIVED SECTIONS 31-51, ' 31-54,and 31-55 OF THE CODE Bookkeeper for Times Publishing Company OF ORDINANCES, REQUIRING TAXIMETERS IN VEHICLES FOR of Wichita, Falls HIRE, AND SECTION 31-47, RE- QUIRING CHAUFFEUR-DRIVEN VEHICLES FOR HIRE TO BE i PLAINLY MARKED, CONCERN- Subscribed and sworn to before me this the day and year first above ING LIMOUSINE SERVICE BY I • STEVE KNUDSEN AND MICHAEL `, written. F.GRIFFITH. ORDINANCE NO.CHANGING r , ORDINANCE CHANGING THE ' t jJy(1`-�L-�_-t TIME OF THE SECOND REGULAR • \ I/ ' u CITY COUNCIL MEETING IN FEB- RUARY, 1985, TO SEVEN O'CLOCK P.M. - ORDINANCE NO.6-85 ORDINANCE NO.8-85 ORDINANCE NO.5-85 ORDINANCE PROVIDING REGU- AN ORDINANCE CLOSING, VA- - AN ORDINANCE PROVIDING LATION FOR THE TRANSPOR- CATING,AND ABANDONING A FOR PRIVATE SEWAGE DIS- T�J0 i TATION AND DISCHARGE OF PORTION OF A TWENTY (20) POSAL SYSTEM; DEFINING 1 ;• LIQUID, SOLID AND SPECIAL. FOOT WIDE, NORTH-SOUTH TERMS: PROHIBITING POL- 'DAC, i e%`1s WASTE; R E O U I R 1 N G ALLEY LOCATED BETWEEN LOTS LATION OF THE WICHITA FALLS ; Jr. AUTHORIZED SITE AND 9 AND 10, BLOCK 14, SIKES WATER SUPPLY; REQUIRING fission E%piles.,....--_--.,„..".....e.a METHOD OF DISPOSAL; REGU- ESTATES, SECTION F-1, PERMITS FOR CONSTRUCTION LATING WHAT WASTES MAY BE WICHITA FALLS,TEXAS. AND OPERATION OF PRIVATE GENERATED AND TRANS- ORDINANCENO.9-85 SEWAGE FACILITIES; PRESCRIB- PORTED FOR DISPOSAL; REGU- ORDINANCE ENTITLED"EMERG- ING PROCEDURES FOR OBTAIN- LATING THE GENERATION AND' ENCY REPORTING EQUIPMENT ING PERMITS; INSPECTIONS ACCUMULATION OF WASTES AND PROCEDURES”; PROVID- AND PAYMENT OF FEES;REGU- INCLUDING, BUT NOT LIMITED ING DEFINITIONS; REQUIRING LATING WATERCRAFT AND TO, GREASE TRAP, GRIT TRAP, A PERMIT OF ALARM SYSTEM MARINE SANITATION ON THE AND SPETIC TANK WASTE; USERS; PROVIDING SERVICE . WICHITA FALLS WATER SUPPLY; PROVIDING FOR PERMIT FEES; FEES FOR ALARM NOTIFICA- AND PROVIDING FOR ENFORCE- AND PROVIDING FOR ENFORCE- TIONS; PROVIDING FOR REVO- MENT MENT. AUTHORIZATION TO CATION OF PERMIT; REGU- ORDINANCE NO.6-85 ENACT UNDER PROVISIONS OF LATING ALARM REPORTING ORDINANCE PROVIDING REGU- ARTICLE 4477-7, VERNON'S AND OPERATION;PROHIBITING LATION FOR THE TRANSPOR- TEXAS CIVIL STATUTES, AND DIAL ALARM DEVICES USING TATION AND DISCHARGE OF THE TEXAS DEPARTMENT OF TELEPHONE SWITCHBOARD FOR LIQUID, SOLID AND SPECIAL HEALTH'S "MUNICIPAL SOLID P R E-R E C O D I N G V O I C E WASTE; REQUIRING WASTE MANAGEMENT REGU- ' MESSAGES; POOVIDING FOR AUTHORIZED SITE AND LATIONS." PROTECTION OF FINANCIAL IN- METHOD OF DISPOSAL; REGU- ORDINANCE NO.7-85 STITUTIONS; PROVIDING A LATING WHAT WASTES MAY BE AN ORDINANCE MAKING AN PENALTY NOT TO EXCEED GENERATED AND TRANS- APPROPRIATION FROM THE $200; PROVIDING 90 DAYS PORTED FOR DISPOSAL; REGU- GENERAL FUND TO THE AC- AFTER PASSAGE AS THE EFFEC- LATING THE GENERATION AND' COUNT NUMBER LISTED BELOW, I TIVE DATE. ACCUMULATION OF WASTES INCREASING BUDGETED REV- I INCLUDING, BUT NOT LIMITED ENUE FIGURES TO RECOGNIZE TO, GREASE TRAP, GRIT TRAP, REVENUES TO BE RECEIVED I AND SPETIC TANK WASTE; FROM THE OPERATION OF THE PROVIDING FOR PERMIT FEES; POLICE IMPOUND FACILITY, ! _ AND PROVIDING FOR ENFORCE- . AND DECLARING AN EMERG- I • - MENT. AUTHORIZATION TO ENCY.