Loading...
Ord 011-2001 2/6/2001 ORDINANCE NO. 11-2001 AN ORDINANCE OF THE CITY COUNCIL OF WICHITA FALLS, TEXAS; AMENDING THE CODE OF ORDINANCES AT CHAPTER 18, ARTICLE VIII, SECTIONS 108 THROUGH 114, "PUBLIC WATER RELATED ACTIVITIES"; PROVIDING A REPEALER CLAUSE; PROVIDING FOR THE INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City of Wichita Falls adopts by reference the provisions of the current rules or rules amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 265 — General Sanitation, Subchapter L regarding the regulations for public pools and spas in this jurisdiction entitled, "Standards for Public Pools and Spas." The City of Wichita Falls also adopts by reference the Texas Health and Safety Code, Title 5, Subtitle A, Chapter 341, "Minimum Standards of Sanitation and Health Protection Measures" Subchapters D, E, and F, §§341.064.-341.091. The adoption of the "Standards for Public Pools and Spas" and the "Minimum Standards of Sanitation and Health Protection Measures" by this section shall automatically include, without further action of the City Council, any subsequent amendments to such regulations. SECTION 2. Chapter 18, Article VIII of the Wichita Falls Code of Ordinances, "Public Water Related Activities," is hereby amended at Article 18-108 to read as follows: Sec. 18-108. Definitions When used in this article, these terms shall be defined as follows: 'Authorized agent or employee' means the Director of Health or designee of the regulatory authority, which shall have the enforcement responsibility for this article. 'City' means the City of Wichita Falls, Texas. 'Coliform' testing will refer to total coliform not fecal coliform. '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' is a local person who has the ultimate responsibility for the operation of any pool, spa, or other related water activity regulated herein, and who shall, in all respects, act as the representative for any entity having an ownership interest in the same. 'Regulatory authority' means the Wichita Falls-Wichita County Public Health District. SECTION 3. Chapter 18, Article VIII of the Wichita Falls Code of Ordinances, "Public Water Related Activities," is hereby amended at Article 18-109 to read as follows: Sec. 18-109. Permit. A person may not operate a public swimming pool or spa 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 and "Class E" pools as defined in the standards are not exempt from this section. (a) Application. A person desiring to operate a public swimming pool or spa 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 thirty-first 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. (b) Certification of manager of operations. (1) A manager of operations of a public pool or spa 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. Upon the successful completion of two (2) training courses, a manager of operation will not be required to attend further training courses and shall be certified upon proof of the completion and payment of the annual fee. It is the responsibility of the individual to show proof of completion; the Health District will only retain training records for five (5) years. No person will be allowed to act as the manager of operations without first having obtained certification. (2) At least two (2) certification training programs will be conducted per year. The fee for certification of a manager of operations shall be determined by the regulatory authority and the certification shall expire March thirty-first of the year following its issuance. (3) A person showing a current certificate as a "Certified Aquatic Facility Operator" (A.F.O.), "Certified Pool-Spa Operator" (C.P.O.), a "Pool Operator on Location" (P.O.O.L.) or any other training approved by the regulatory authority, may be exempt from the Health District training as long as they are able to pass a written exam administered by the regulatory authority and pay the certification fee. SECTION 4. Chapter 18, Article VIII of the Code of Ordinances, "Public Water Related Activities" is hereby amended at Section 18-110 to read as follows: Sec. 18-110. Inspections, maintenance and operation. (a) Inspections. The regulatory authority is authorized to conduct inspections, as necessary to ensure compliance with all provisions of this article. The regulatory authority shall have the right of entry at any reasonable hour upon the premises where a public pool or spa is located. The regulatory authority shall have the authority to collect water samples from the pool or spa for laboratory analysis. (b) Maintenance and operation. (1) Every public pool and/or spa shall be under the supervision of the permit holder, who shall be responsible for compliance with all parts of this article relating to pool or spa maintenance, pool or spa 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 article. (2) All pumps, filters, sanitizers and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public pools and/or spas shall be maintained in a good state of repair. (3) All public pools and/or spas shall be treated and maintained in accordance with the current Texas Department of Health standards unless otherwise stated. a. Every pool shall contain a sanitizer concentration equivalent to a free chlorine residual of 2.0 PPM. Every spa shall contain a sanitary concentration equivalent to a free chlorine residual of 3.0 PPM minimum. If a pool or spa contains less than 1.0 PPM free chlorine residual or equivalent, then the pool or spa shall be immediately closed to the public. A test kit for measuring the concentration of the free chlorine shall be present at each pool or spa. The regulatory authority must approve use of any sanitizer other than chlorine. b. Every pool or spa 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 pool or spa. If a pool or spa 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. C. The presence of microorganisms of the total coliform group in any water sample shall be deemed unacceptable water quality. Two (2) consecutive samples showing microorganisms of total coliform will be grounds for immediate closure of the pool or spa. d. Every pool or spa shall have water clarity sufficient for the main drain or a six-inch diameter turbidity test disk placed at the deepest part of the pool or spa, to be clearly visible from the sidewalks of the pool at all distances up to ten (10) 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 pool or spa. e. A fifteen-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. SECTION 5. Chapter 18, Article VIII of the Wichita Falls Code of Ordinances, "Public Water Related Activities" is hereby amended at Section 18-111 to read as follows: Sec. 18-111. Reserved. SECTION 6. Chapter 18, Article VIII of the Wichita Falls Code of Ordinances, "Public Water Related Activities" is hereby amended at Section 18-112 to read as follows: Sec. 18-112. Regulations in pool and spa area; suspension. (a) Regulations in pool and spa area. A person commits an offense if he/she violates any portion of this ordinance or the standards set forth by the Texas Department of Health. (b) Failure to comply. Failure to comply with any section of this article may result in the immediate closure of the pool or spa and/or the initiation of legal action. Upon determination that the pool or spa 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 pool or spa may be hazardous to the health or safety of the swimmers or to the general public, the pool or spa shall be immediately closed. A new inspection of the pool or spa 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 pool or spa may be opened. (c) Violation of closure order. When the regulatory authority has ordered that a pool or spa be closed due to noncompliance with any provision of this article, the permit holder shall not allow the pool or spa to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool or spa 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 or spa advising of the closure; and (2) Shall immediately 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 pool or spa by an individual for swimming, diving or bathing purposes after the regulatory authority has ordered such pool or spa to be closed shall . be deemed prima facie evidence that the permit holder of said pool or spa has knowingly allowed the pool or spa to be used for such purposes. (d) Suspension. (1) The regulatory authority shall suspend a permit to operate a public pool, or spa if: a. A permit holder fails to designate a certified manager of operations as specified in this article; or b. The condition or operation of a pool or spa is considered to be hazardous or constitutes an imminent health hazard to the health or safety of swimmers or the general public; or c. The permit holder fails to keep all spa equipment and devices working properly. (2) The suspension shall continue until the regulatory authority has conducted a new inspection and the cause of suspension is corrected. SECTION 7. Chapter 18, Article VIII of the Code of Ordinances, "Public Water Related Activities" is hereby amended at Section 18-113 to read as follows: Sec. 18-113. Construction compliance. The construction of public swimming pools and spas shall comply with the current design standards as established by the Texas Department of Health. A copy of the standards shall be maintained in the office of the regulatory authority. Any extensive remodeling or repair, including the replacement of filters, pumps or piping, shall comply with Texas Department of Health standards. All public swimming pools and or spas shall be installed with an indirect utility connection in accordance with the Southern Standard Building Code or other applicable codes. SECTION 8. Chapter 18, Article VIII of the Wichita Falls Code of Ordinances, "Public Water Related Activities" is hereby amended at Section 18-114 to read as follows: Sec. 18-114. Penalty; conflicting laws repealed. (a) A violation under this section is a Class C misdemeanor, punishable by a fine not to exceed $2000. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such violation occurs constitutes a separate violation. (b) The provisions of the article are to be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject 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 article are hereby expressly repealed to the extent of any such inconsistency or conflict. SECTION 9. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 10. That should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 11. It is officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of February 2001. "44��� MAYOR ATTEST: j r City Clerk Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1275425 Here ORDINANCE NO. 2th day of February 2001 A.D.......... appeared before me, r1-2oo1 AN ORDINANCE OF rsigned authority, Saundra Barnett bookkeeper for the Times Publishing THE CITY COUNCIL p OF W I C H I T A FALLS, y of Wichita Falls publishers of the Wichita Falls Times/Record News, a TEXAS; AMENDING THE CODE OF ORDI- NANCES AT CHAPPTERIER published ublished at Wichita Falls in Wichita County, Texas, and upon being 18,ARTICLE VIII, SEC- TIONS 108 THROUGH irn by me, on oath states that the attached advertisement is a true and 114, "PUBLIC WATER R E L A T E D Dpy of advertising published in one (1) issues thereof on the following ACTIVITIES"; PRO- CLAUSE; PROVIDING bruary 1lt", 2001. FOR THE INCLUSION IN THE CODE; PRO- VIDING FOR SEVER- ABILITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDI- NANCE WAS PASSES W A S OPEN TO THE aundra Barnett &I"IV PUBLIC AS REQUIRED BYLAW. Bookkeeper for the Times Publishing ORDINANCE NO. Company Of Wichita Falls 12-2001 ORDI NANCE TO AMEND SECTION 32-20 OF THE CODE OF OR- DINANCES TO ADJUST TREATED WATER RATES FOR RETAIL ING AND CUSTOMERS; FIND- Subscribed and sworn to before me this the day and year first above written: I N G T H A T T H E MEETING AT WHICH THIS ORDINANCE WAS PASSEDED WASWAS OPEN TO THE PUBLIC AS RE- QUIRED BYLAW. ORDINANCE NO. 13-2001 ORDINANCE TO •• AMEND SECTION 32-57 'r• OF THE CODE OF OR- DINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS; FINDING AND DETER- MINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO • THE PUBLIC AS RE- QUIREDBYLAW.