HomeMy WebLinkAboutOrdinance 27902-08-2025ORDINANCE NO.27902-08-2025
AN ORDINANCE REPEALING AND RESTATING CHAPTER 16
"HEALTH AND SANITATION," ARTICLE XVIII "PUBLIC SWIMMING
POOLS AND SPAS," OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (2015), AS AMENDED, TO UPDATE REGULATIONS TO ALIGN
WITH CHANGES IN STATE LAW; TO UPDATE DEFINITIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect
the public health and safety of the citizens and visitors of Fort Worth by adopting minimum State
standards for construction, maintenance, and sanitation for public swimming pools and spas; and
WHEREAS, City Council finds it necessary to retain three higher regulatory standards
which require: 1) a nationally accredited pool/spa operator for municipal and competitive pools;
2) approval from a licensed professional engineer on design and construction plans and supporting
documents; and 3) the owner or operator of a public swimming pool/spa to post signage prohibiting
diaper changing and report mechanical, safety, and water quality issues; and
WHEREAS, the City Council finds it necessary to update definitions to align with changes
in state law and to clarify regulations; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 16, "Health and Sanitation," Article XVIII "Public Swimming Pools and Spas,"
of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby repealed and restated
in its entirety to be and read as follows:
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CHAPTER 16: HEALTH AND SANITATION
ARTICLE XVIII: PUBLIC SWIMMING POOLS AND SPAS
§ 16-456 PURPOSE.
The purpose of this Article is the establishment of minimum standards for the construction,
operation and maintenance of public swimming pools and their related facilities in order to
protect the health and safety of the public.
§ 16-457 STATE STANDARDS ADOPTED AND APPLIED.
The standards of the following regulatory materials, 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:
(a) Tex. Health and Safety Code Title 5, Section 341.064 "Swimming Pools, Artificial
Swimming Lagoons and Bathhouses;" and
(b) Tex. Administrative Code Title 25, Part I, Chapter 265 Subchapter L, "Public Swimming
Pools and Spas."
§ 16-458 DEFINITIONS.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
Article, shall have the meanings hereinafter designated.
DECK. The surface surrounding a swimming pool that is intended to be used for walking by those
using the pool.
DIRECTOR. The Director of the department of Environmental Services for the City, or the
Director's authorized representative.
EXTENSIVELY REMODELED. The replacement of or modification to a pool/spa structure, its
circulation system or its appurtenances, so that the design, configuration or operation is different
from the original design, configuration or operation. 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.
NATIONALLYACCREDITED POOL/SPA OPERATOR.
(1) A person who obtains certification by completion of one of the following courses or
other nationally recognized course in pool and spa operation, safety and management:
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a. NRPA, "Aquatic Facility Operator" (A.F.O.);
b. PHTA, "Certified Pool -Spa Operator" (C.P.0);
ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.).
(2) An equivalent course which requires testing and provides certification and that is approved
by the local regulatory authority.
PUBLIC SWIMMING POOL
(1) Any man-made permanently installed or non -portable structure, basin, chamber, or tank
containing an artificial body of water that is maintained or used expressly for public
recreation, swimming, diving, aquatic sports, or other aquatic activity. Public pools include
but are not limited to activity pools, catch pools, lazy or leisure river pools, wave action
pools, vortex pools, therapy pools, and wading pools. A public pool may be publicly or
privately owned and may be operated by an owner, lessee, operator, licensee, or
concessionaire. A fee for use may or not be charged. The term does not include a residential
pool, artificial swimming lagoon, floatation system or chamber, or a body of water that
continuously recirculates water from a spring. The term shall include the Deck and all related
facilities such as dressing and locker rooms, toilets, showers and other areas designed for use
by the facility's patrons.
(2) References within the State standard to various types of pools are defined by the following
categories.
a. CLASS A POOL. Any pool used, with or without a fee, for accredited competitive
aquatic events such as Federation Internationale de Natation Amateur (FINA), United
States Swimming, United States Diving, National Collegiate Athletic Association
(NCAA), National Federation of State High School Associations (NFSHSA), events.
A CLASS 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 C POOL. Any pool that is not a Class A or B pool that is limited to occupants,
members, or students and their guests, but not to the general public. It is a pool operated
for and in conjunction with:
i. lodging, such as hotels, motels, apartments, condominiums, RV parks, or
mobile home parks;
ii. youth camps, property owner associations, private organizations, or clubs; or
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iii. schools, colleges, or universities while operated for academic or continuing
education classes.
POOL AREA. The water surface and Deck of a swimming pool.
RESIDENTIAL POOL OR SPA. A pool or spa that is located on private property under the control
of the property owner or the owner's tenant and that is intended for use by not more than two
resident families and their guests. It includes a pool or spa serving only a single-family home or
duplex.
SHALL. An act or omission is mandatory.
PUBLIC SPA.
(1) A body of water intended for the immersion of persons in either hot or cold water
circulated in a closed system and not intended to be drained and refilled after each use.
A spa can include a filter, heater, a pump or pumps, blowers, and water sanitizing
equipment. The term includes a swim spa or exercise spa.
(2) References within the State standard to various types of pools are defined by the
following categories
a. CLASSA SPA -Any spa maintained or used, with or without a fee, for accredited
competitive events such as FINA, United States Swimming, United States Diving,
NCAA, and National Federation of State High School Association events.
b. CLASS B SPA -Any spa maintained or used for public recreation and open to the
general public with or without a fee.
c. CLASS C SPA -A spa that is not a Class A or Class B spa that is open to occupants,
members, or students and their guests, but not to the general public. It is a spa that
is operated for and in conjunction with:
(i) lodging, such as hotels, motels, apartments, condominiums, RV parks, or
mobile home parks;
(ii) youth camps, property owner associations, private organizations, or clubs; or
(iii)schools, colleges, or universities while operated for academic or continuing
education classes, or hospitals or medical centers.
TAC. The Texas Administrative Code.
TRAINED POOL/SPA OPERATOR. A person who has attended at least seven hours of pool/spa
operation and safety training within the past three years that is approved by the Director and who
has achieved a score of 70% or more on the end of the course examination.
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§ 16-459 FEES.
(a) The City Council Shall adopt a schedule of fees for:
(1) Public Swimming Pool and Spa permits, including an additional fee for the reissuance of
a permit after its expiration;
(2) Re -inspection;
(3) Plans review;
(4) Change of ownership; and
(5) Pre -permit requests for services.
(b) The environmental services department may not issue a permit or conduct a plans review
until all requisite fees have been paid.
(c) The fee schedule Shall be available to the public at the environmental services department,
consumer health division.
§ 16-460 SWIMMING POOL PERMIT REQUIRED.
A person commits an offense if the person owns, operates or manages a Public Swimming Pool
without a valid permit issued by the Director.
§ 16-461 ISSUANCE OF PERMIT.
(a) A person required to have a permit under this Article Shall annually complete a permit
application on a form prescribed by the Director.
(b) Prior to the issuance of permit, the applicant Shall allow the Director to inspect the Public
Swimming Pool/Spa for compliance with the requirements of the Article.
(1) The Director will inspect any Public Swimming Pool/Spa that is newly constructed,
Extensively Remodeled or under new ownership prior to the issuance of a permit.
(2) The Director may inspect all other public pools/Spas, at the Director's discretion, prior
to the issuance of a permit.
(3) The owner/operator of a Public Swimming Pool/Spa Shall be responsible at all times for
the safe operation of the Public Swimming Pool/Spa and for operating the Public
Swimming Pool/Spa in compliance with this Article.
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(c) The Director may require the applicant to provide evidence to the Director's satisfaction that
the Public Swimming Pool/Spa meets the permit conditions of Section 16-462.
(d) The Director may not issue a permit until the Public Swimming Pool/Spa passes any required
inspection and all applicable fees have been paid.
(e) A permit is valid only for the Public Swimming Pool/Spa for which it is issued. A separate
permit Shall be required for each pool/Spa located on the same premises. Multiple pools
sharing a common filtration system must have separate health permits. A permit is not
transferable to other persons, pools or spas.
(f) A permit is valid for one year from the date of its issuance unless:
(1) It is suspended or revoked by the Director;
(2) The pool/spa changes ownership; or
(3) The pool/spa is remodeled extensively.
§ 16-462 PERMIT CONDITIONS.
As a condition of obtaining and keeping a permit, a Public Swimming Pool or Spa Shall at all
times be in compliance with the following permit conditions:
(a) The Public Swimming Pool/Spa Shall meet or exceed the standards set forth in Tex.
Health and Safety Code Section 341.064, "Swimming Pools, Artificial Swimming
Lagoons and Bathhouses," as currently enacted or as it may hereafter be amended.
(b) The Public Swimming Pool/Spa Shall meet or exceed the standards set forth in Tex.
Administrative Code Title 25, Chapter 265, Subchapter L, "Public Swimming Pools and
Spas," as currently enacted, or as it may hereafter be amended.
(c) Fencing or other enclosures for a Public Swimming Pool/Spa Shall meet or exceed the
requirements of Chapter 7, "Buildings," of the code of the City of Fort Worth, Texas
(2015), as amended, Texas Health and Safety Code Chapter 757, "Pool Yard Enclosures,"
as currently enacted, or as it may hereafter be amended, and the standards set forth in
Tex. Administrative Code Title 25, Section 265.192, "Pool Yard and Spa Yard
Enclosures."
(d) The pool or spa yard enclosure Shall consist of one or a combination of the following: a
fence, portion of a building, wall or other durable enclosure. Doors, openable windows,
gates of living quarters or associated private premises Shall not be permitted as part of
the pool/spa enclosure. The enclosure, doors and gates Shall meet the following
specifications:
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(1) Minimum effective perpendicular height of at least 48 inches as measured from
the Deck surface or ground on the outside of the fence;
(2) Be designed and constructed so that it cannot be readily climbed by small children.
If the enclosure is constructed with horizontal and vertical members and the
distance between the tops of the horizontal members is at least 45 inches, the
openings Shall not allow the passage of a four -inch diameter sphere;
(3) If the pool/spa yard enclosure is constructed with horizontal and vertical
members and the distance between the tops of the horizontal members is less than
45 inches, the openings may not allow a sphere one and three -fourths inches in
diameter to pass through the enclosure;
(4) Chain link Shall not be used for any pool or spa;
(5) Gates and doors for the Public Swimming Pool or Spa yard enclosure Shall:
a. Be equipped with self -closing and self -latching devices and be latched when
the pool or spa is not in use. The self -closing device Shall be designed to keep
the gate or door securely closed and the self -latching device Shall latch when
the gate is allowed to close from anywhere in its range of operation, from its
fully open position to a position where the gate is open six inches from the fully
closed position;
b. Open outward away from the pool or spa except for compliance with applicable
City ordinances;
c. Have hand activated door or gate opening hardware located at least three and
one-half feet above the Deck or walkway;
d. Be capable of being locked;
e. Be locked when a Class A or B Pool or Spa at a Class A or B facility is not
opened for use; and
f. Be locked when a pool/spa is closed as a result of a hazard or condition that
warrants the closure and locking of the pool/spa.
(6) The enclosure Shall be designed and constructed so that all persons will be
required to pass through common pool/spa enclosure gates or doors in order to
gain access to the pool/spa area. All gates and doors exiting the pool/spa area Shall
open into a public area or walkway accessible by all patrons of the pool/spa.
(e) All plumbing, electrical work, mechanical facilities and structures for the Public Swimming
Pool/Spa Shall meet or exceed all applicable requirements of Chapter 7,
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"Buildings;" Chapter 11, "Electricity;" and Chapter 26, "Plumbing," of the code of the City
of Fort Worth, Texas, as amended.
(f) Storage of pool/spa chemicals Shall meet or exceed all applicable requirements of Chapter
13, "Fire Prevention and Protection," of the code of the City of Fort Worth, Texas, as
amended.
(g) Pool/spa water Shall be maintained so as to prevent the breeding or harborage of insects.
(h) Pool/spa water Shall not emit odors that are foul and offensive to a person of reasonable
sensibilities.
(i) Plumbing facilities Shall be installed so that swimming pool/spa filter backwash is filtered
and recycled in a manner approved by the water department.
(j) A permit holder or applicant Shall give the Director access at all reasonable times to inspect
the swimming pool/spa and to take water samples to determine compliance with this Article.
(k) A swimming pool/spa permit Shall be prominently displayed on the pool/spa premises and
be available at all times for inspection by the Director.
(1) Drainage from Public Swimming Pools/Spas Shall be discharged to the sanitary sewer
system only with the prior consent of the water department or that Director's authorized
representative.
(m)All post -October 1, 1999 pool and spa changing/bathing areas Shall be equipped with at
least one diaper changing station(s) per restroom. Each changing station will be
manufactured from smooth and easily cleanable sturdy materials and maintained in good
repair at all times when the pool/spa is open. Each diaper changing area will be equipped
with hand washing sinks and supplied with hot and cold running water and soap for hand
washing and disposable towels or air hand drying device.
(n) A sign visible from the pool/spa yard enclosure Shall state in at least two-inch letters:
"DIAPER CHANGING IN THE POOL/SPA AREA IS PROHIBITED."
§ 16-463 PLANS REVIEW; NEW AND REMODELED POOLS AND SPAS.
(a) Prior to beginning the construction of a new Public Swimming Pool/Spa or the extensive
remodeling of an existing Public Swimming Pool/Spa, the owner Shall submit plans and
specifications for such construction or remodeling to the Director 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.
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(c) A licensed professional engineer Shall examine the final blueprints for all new and
Extensively Remodeled pools/spas (including structural, mechanical, plumbing or electrical
renovations) and certify by original signature and engineer's seal on a pre -construction letter
approved by the Director, compliance with Tex. Administrative Code Title 25, Section 265,
Subchapter L, " Public Swimming Pools and Spas."
(d) No work Shall begin until the Director has received the engineer's certificate of pre -
construction, conducted a plans review and has relayed to the planning and development
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. If
no work has begun within 180 days from the date the Director has given written notice that
work may begin, the Director may rescind such approval.
(e) The pool or spa construction Shall pass a pregunite inspection, preplaster inspection and
preoperational inspection by the Director prior to issuance of a permit.
(f) A licensed professional engineer Shall inspect the completed new or extensively renovated
pool/spa construction and certify by original signature and engineers seal, on a post -
construction letter approved by the Director, that the pool/spa is installed and constructed in
accordance with the Tex. Administrative Code Title 25, ,Subchapter L " Public Swimming
Pools and Spas."
§ 16-464 PRE -OPERATION INSPECTION.
Whenever plans and specifications are required to be submitted to the Director of environmental
services department by Section 16-463 of this Article, the Director or the Director's duly
authorized representative Shall inspect the pool/spa prior to the start of operations, to determine
compliance of the approved plans and specifications with the requirements of this Article and
regulations of the Texas Department of State Health Services.
§ 16-465 NATIONALLY ACCREDITED OR TRAINED POOL/SPA OPERATORS.
(a) The owner or person in control of a Public Swimming Pool/Spa Shall designate one or more
nationally accredited or trained pool/spa operators for the pool/spa as required. A nationally
accredited or trained pool/spa operator Shall be readily available on -site or by recall to be
on -site within one hour during all hours of operation to monitor the Public Swimming
Pool/Spa and maintain it in a safe and sanitary manner.
(b) New and existing Class A and B pools and spas, located at Class A and B facilities Shall
be required to have a Nationally Accredited Pool/Spa Operator.
(c) New and existing Class C Pools and Spas Shall be required to have trained pool/spa
operators. In order to be considered trained, a pool/spa operator Shall successfully complete
a course in pool/spa maintenance and safety approved by the Director.
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(d) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa that does not have a nationally accredited or trained pool/spa operator readily
available during all hours of pool/spa operation.
(e) A person who owns or is in control of a Public Swimming Pool/Spa Shall maintain proof by
posting prominently on the premises that the pool/spa has a designated nationally accredited
or trained pool/spa operator certificate and Shall present such proof to the Director upon
demand.
(f) In a prosecution for a violation of subsection (d) above, failure to present proof of a
designated nationally accredited or trained pool/spa operator to the Director Shall constitute
prima facie evidence that a nationally accredited or trained pool/spa operator is not readily
available during all hours of operation.
(g) Class C Pools and Spas.
(1) If a trained pool/spa operator is not employed on -site at the Public Swimming Pool/Spa,
the owner or person in control of the pool/spa Shall post a sign visible from the Deck of
the pool/spa stating the telephone number or pager number of the trained pool/spa
operator. The letters in such signs Shall be of a minimum height of one inch, and Shall
be of a color contrasting to their background.
a. At a minimum, such signs Shall state:
"TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS
WITH THIS FACILITY, CALL DURING HOURS OF OPERATION."
b. Such signs Shall be of weather -resistant construction, and Shall be posted where
they are readily visible to a reasonably observant person.
(2) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa with no trained pool/spa operator employed on -site and fails to post or maintain
signs required by subsection (g)(1)(a) and (g)(1)(b) above.
(h) Permit applications for new and existing Class A and B Pools and Spas located at Class A
and B facilities Shall name the designated Nationally Accredited Pool/Spa Operator for the
Public Swimming Pool/Spa for which a permit is sought. If the designated Nationally
Accredited Pool/Spa Operator changes during the term of the permit, the owner or person in
control of the pool/spa Shall immediately report such change to the Director.
(i) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa and knowingly fails to report a change of a Nationally Accredited Pool/Spa
Operator as required by subsection (h) above.
(j) The Director Shall charge a fee set by the City Council for any courses or tests the Director
administers pursuant to this section.
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§ 16-466 MAINTENANCE OF POOL/SPA RECORDS.
(a) Test methods Shall be capable of measuring chemical ranges as set forth in Tex.
Administrative Code Title 25, Chapter 265 without dilution of pool or spa water.
(b) To ensure compliance with applicable codes, all pool and spa facilities Shall record the
inspections and make repairs, as necessary, of the following:
(1) Ground fault circuit interrupters for pool/spa equipment Shall be tested weekly;
(2) Condition of pool/spa yard enclosure and gates Shall be inspected weekly; and
(3) Emergency telephone operation Shall be tested monthly.
(c) A person commits an offense if the person owns, is in control of, or is a nationally accredited
or trained pool/spa operator of a Public Swimming Pool/Spa and fails to maintain records as
required by this section.
(d) A person commits an offense if the person owns, is in control of, or is a nationally accredited
or trained pool/spa operator of a Public Swimming Pool/Spa and fails to make records
required by this section available to the Director immediately upon the Director's request.
§ 16-467 GROUNDS FOR PERMIT DENIAL.
(a) The Director may deny the issuance of a pool or spa permit:
(1) If the applicant for the permit of the pool(s)/spa(s) being permitted has been convicted of
one or more violations of this Article, Tex. Health and Safety Code Section 341.064, Tex.
Administrative Code Title 25 Chapter 265 Subchapter L, or Tex. Health and Safety Code
Chapter 757 within the 12 months preceding the date of the application; or
(2) If any of the permit conditions of Section 16-462 are not met.
(b) An applicant whose permit is denied will be notified by the Director, in writing, within ten
days of the date of the denial. The Director Shall set out the grounds for the denial.
(c) The notice will be personally delivered to the applicant or sent by certified mail, return
receipt requested, to the address listed on the application.
(d) An applicant whose permit is denied may request an appeals hearing within ten days after
service of the notice of denial. Such request Shall be in writing, Shall specify the reasons
why the permit should not be denied, and Shall be filed with the Director.
§ 16-468 GROUNDS FOR SUSPENSION OR REVOCATION OF PERMIT.
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After notice and hearing, the Director may suspend for up to 180 days or may revoke a Public
Swimming Pool/Spa permit if -
(a) The permit holder or person in control of the Public Swimming Pool/Spa is convicted of
a violation of this Article or Tex. Health and Safety Code Section 341.064, Tex.
Administrative Code Title 25, Chapter 265, Subchapter L, or Tex. Health and Safety
Code Chapter 757 during the term of the permit;
(b) The permit holder or person in control of the pool/spa fails to comply with any of the
permit conditions set forth in Section 16-462;
(c) The permit holder or person in control of the pool/spa fails to comply with an inspection
report order;
(d) The permit holder or person in control of the pool/spa disobeys a closure order issued by
the Director pursuant to this Article; or
(e) The permit holder made a materially false statement on the permit application or there is
any false statement or misrepresentation as to a material fact in any plans and
specifications submitted pursuant to this Article.
§ 16-469 RIGHT OF ENTRY.
(a) The Director may enter the premises of Public Swimming Pools/Spas, including a building,
storage, equipment room, bathhouse, or office, at all reasonable times whenever it is
necessary to make an inspection to enforce any of the provisions of this Article, to collect
water samples, to review records, to question any person, or to locate, identify, and assess
the condition of the pool or spa, or whenever the Director has probable cause to believe that
a violation of this Article exists on such premises.
(b) The Director Shall first present appropriate credentials and demand entry if the premises are
occupied. If the premises are unoccupied, the Director Shall first make a reasonable attempt
to locate the owner or person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, the Director Shall have every
recourse provided by law to secure entry. Such recourse shall include the right to obtain an
administrative warrant under the provisions of the Texas Code of Criminal Procedure.
(d) Advance notice or permission for entry is not required.
§ 16-470 INSPECTION REPORTS.
(a) After inspecting a Public Swimming Pool/Spa pursuant to this Article, the Director may
prepare a written inspection report. Such report may specify the violations observed during
the inspection and order the owner or person in control to bring the facility into compliance
with this Article by a specified time.
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(b) The Director Shall furnish a copy of the inspection report to the owner or person in control
of the facility.
(c) The inspection report Shall state:
"FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN
THE ISSUANCE OF CRIMINAL CITATIONS, THE CLOSURE OF THE FACILITY, THE
SUSPENSION OR REVOCATION OF YOUR SWIMMING POOL/SPA PERMIT, AND
THE EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW."
(d) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa and fails to comply with an order issued pursuant to this section.
§ 16-471 CLOSURE ORDER.
(a) The Director Shall be authorized to order a Public Swimming Pool/Spa closed if the Director
determines:
(1) That it is being operated without a valid Public Swimming Pool/Spa permit;
(2) That it is being operated without a Nationally Accredited Pool/Spa Operator or trained
pool/spa operator readily available during all hours of pool/spa operation; or
(3) That there is a serious risk of suction entrapment or the Public Swimming Pool/Spa is
otherwise in a condition which poses an imminent risk to the health or safety of the public
or the employees of the establishment.
(b) The owner, operator or other person in charge of the Public Swimming Pool/Spa will be
given written notice of the reason for the closure.
(c) After the Director closes a Public Swimming Pool/Spa, the owner, or person in control of the
pool/spa Shall immediately:
(1) Properly post and maintain signs at all entrances to the Public Swimming Pool/Spa that
state: "CLOSED UNTIL FURTHER NOTICE;" and
(2) Lock all doorways and gates that form a part of the Public Swimming Pool/Spa enclosure.
(d) Signs required by subsection (c) above Shall be a minimum size of eight and one-half inches
by 11 inches. The lettering Shall be of a contrasting color to the background. Signs Shall be
positioned so that they are readily visible to a reasonably observant person.
(e) If the owner or person in control of the Public Swimming Pool/Spa is absent, or fails or
refuses to comply with subsections (b) and (c) above, the Director may post signs and secure
the premises in accordance with this section.
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(f) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa subject to a closure order and fails to comply with subsections (b) or (c) of this
section.
(g) A person other than the Director commits an offense if the person removes, defaces, alters,
covers or renders unreadable a closure sign posted by the Director.
(h) A person commits an offense if the person uses for swimming, diving or bathing a Public
Swimming Pool/Spa that has been closed by the Director and which is properly posted as
required by this section.
(i) A person commits an offense if the person owns or is in control of a Public Swimming
Pool/Spa subject to a closure order and knowingly allows persons to use the pool/spa for
swimming, diving or bathing.
(j) A Public Swimming Pool/Spa closed by the Director Shall not resume operation until a
reinspection by the Director determines that the facility has been brought into compliance
with this Article.
(k) A permit holder may appeal a closure order to the Director within three days after the
issuance of the order. The appeal Shall be in writing, Shall set forth the reasons why the
closure order should be rescinded, and Shall be filed with the Director. The filing of an appeal
does not stay the closure order.
§ 16-472 HEARINGS PROCEDURES.
(a) General provisions.
(1) When notice is required to be given to a person under this section, it Shall be in writing
and mailed certified mail, return receipt requested, to that person's last known mailing
address.
(2) Notice Shall specify the date, time and place of the hearing.
(3) Notice Shall be deemed received five days after it is placed in a mail receptacle of the
United States Postal Service.
(4) For purposes of this section, the Director Shall be empowered to administer oaths and to
promulgate procedural rules for the conduct of the hearing.
(5) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a City -
recognized holiday, the deadline Shall be the next regular City business day.
(6) The date of an order or ruling required to be made under this section Shall be deemed to
be the date it is signed.
Ordinance No.27902-08-2025
Page 14 of 18
(7) The administrative remedies set forth in this section Shall be in addition to any criminal
penalties or other remedies provided in the ordinances of this City or the laws of this
state.
(8) Decisions Shall be made based on a preponderance of the evidence, with the City having
the burden of proof.
(b) Conduct of hearings.
(1) Upon determining that cause exists to suspend or revoke a Public Swimming Pool/Spa
permit, the Director may schedule a hearing.
(2) Upon receipt of an appeal by a person whose Public Swimming Pool/Spa permit was
denied or whose pool/spa was ordered closed, the Director Shall schedule a hearing for
a time no later than ten days following receipt of the request.
(3) The Director Shall send notice of the hearing to the person and Shall act as the hearing
officer.
(4) After the conclusion of the hearing, the Director Shall make written findings of fact and
conclusions of law and Shall issue a written decision without undue delay.
(5) This hearing Shall be deemed to exhaust the administrative remedies of the person
aggrieved.
§ 16-473 NUISANCE.
(a) A Public Swimming Pool/Spa is hereby declared to be a nuisance if-
(1) Pool/spa water clarity standards in Tex. Administrative Code Title 25, Chapter 265, Sub
Chapter L, " Public Swimming Pools and Spas," are not maintained;
(3) Water at the Public Swimming Pool/Spa is not maintained so as to prevent the breeding
or harborage of insects;
(4) Water at the Public Swimming Pool/Spa emits an odor that is foul and offensive to a
person of reasonable sensibilities;
(5) The owner/operator fails to maintain the pool/spa in compliance with this Article, Tex.
Health and Safety Code Section 341.064, Tex. Administrative Code Title 25, Chapter 265
Subchapter L, Tex. Health and Safety Code Chapter 757; or
(6) The owner/operator ceases to operate the pool/spa by permanently or indefinitely
discontinuing the use or maintenance of the pool or spa.
Ordinance No. 27902-08-2025
Page 15 of 18
(b) The Director may give notice to the owner of the property on which a nuisance under this
section is located to abate, remove or otherwise remedy such nuisance immediately.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's post office address and sent by certified
mail, return receipt requested; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
a. By publication in the official newspaper of the City at least twice within ten
consecutive days;
b. By posting the notice on or near the front door of each building on the property to
which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, if the property contains no buildings.
(d) If the Public Swimming Pool/Spa has a valid or suspended permit issued pursuant to this
Article and the permit holder is not the same person as the owner of the property, notice Shall
also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the Director
may enter the property containing the nuisance and do any work necessary to abate the
nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the Director to protect
the public health, safety or welfare of the public from an imminent hazard, the Director may,
without complying with the notice provisions of this section, enter the property containing
the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the City to abate a nuisance, including the cost of giving notice as
required, Shall initially be paid by the City and charged to the owner of the property. The
City may assess the expenses against the real estate on which the work was done.
(h) To obtain a lien against the property, the Director Shall file a statement of expenses with the
county clerk for the county in which the property is located. The lien Shall be security for
the costs incurred and interest accruing at the rate of 10% per annum on the amount due from
the date of payment by the City.
(i) The lien is inferior only to:
(1) Tax liens; and
Ordinance No. 27902-08-2025
Page 16 of 18
(2) Liens for street improvements.
0) The remedy provided by this section is in addition to all other remedies available under this
Article or elsewhere.
§ 16-474 PENALTIES AND ENFORCEMENT.
(a) An offense as defined under this Article is a Class C misdemeanor punishable by a fine not
to exceed $2,000. Each separate occurrence of a violation or each day that a violation
continues Shall constitute a separate offense.
(b) If an offense defined under this Article does not include a culpable mental state, then intent,
knowledge, or recklessness suffices to establish criminal responsibility.
(c) The Director may establish enforcement procedures to ensure compliance with this Article
which are consistent with the regulations adopted herein.
§§ 16-475-16-499 RESERVED.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City
of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and Sections of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or Section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and Sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or Section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
Ordinance No. 27902-08-2025
Page 17 of 18
SECTION 5.
All violations of Chapter 16, Article XVIII, of the Fort Worth City Code shall be
punishable by a fine not to exceed two thousand dollars ($2,000.00) for each violation. Each day
a violation occurs or continues to occur is a separate violation.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty provisions and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
Jannette S. Goodall
Amarna Muhammad City Secretary
Assistant City Attorney
ADOPTED: August 26, 2025
EFFECTIVE:
Ordinance No. 27902-08-2025
Page 18 of 18
ARTICLE XVIII: PUBLIC SWIMMING POOLS AND SPAS
§ 16-456 PURPOSE.
The purpose of this article is the establishment of minimum standards for the construction,
operation and maintenance of public swimming pools and their related facilities in order to protect
the health and safety of the public.
& 16-457 STATE STANDARDS ADOPTED AND APPLIED.
The standards of the followine reeulatory materials, in their current form and as thev may hereafter
be amended, are adopted and applied into this article as if thev were set forth at length herein:
(a) Tex. Health and Safetv Code Title 5. 6 341.064 "Swimmine Pools, Artificial
Swimmine Laeoons and Bathhouses." and
(b) Tex. Administrative Code Title 25, Part I. Chapter 265 Subchapter L, "Public
Swimmine Pools and Snas."
§ 16-4586 DEFINITIONS.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
Article, shall have the meanings hereinafter designated.
DECK. The surface surrounding a swimming pool that is intended to be used for walking by those
using the pool.
DIRECTOR. The director of the department of publir. health Environmental Services for the City,
or the director's authorized representative.
EXTENSIVELY REMODELED. The replacement of or modification to a pool/spa structure, its
circulation system or its appurtenances, so that the design, configuration or operation is different
from the original design, configuration or operation. 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.
NATIONALLYACCREDITED POOL/SPA OPERATOR.
(1) A person who obtains certification by completion of one of the following courses or
other nationally recognized course in pool and spa operation, safety and management:
Page 1 of 19
a. NRPA, "Aquatic Facility Operator" (A.F.O.);
b. NSP->iPHTA, "Certified Pool -Spa Operator" (C.P.0);
e. . ., . ;
d. SN, "Naf'essiana! Nc) and Spa Opefate " .O ); of
ec. ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.).
(2) A person who completes an eauivalent course which reauires testine, provides a
certification, and that is approved by the local regulatory authority. neSses .o., ft valid end
of the aeidity of alkalinity of a selutien expressed in standafd units-.
PUBLIC SWIMMING POOL.
(1) Any man-made permanently installed or non -portable structure, basin, chamber, or tank
containine an artificial body of water that is maintained or used expressly for public
recreation, swimming, divine. aquatic sports, or other aquatic activity. Public pools include
but are not limited to activity pools, catch pools, lazy or leisure river pools, wave action pools,
vortex pools, therapv pools, and wading pools. A public pool may be publicly or privately
owned and may be operated by an owner, lessee, operator, licensee, or concessionaire. A fee
for use may or not be charged. The term does not include a residential pool, artificial
swimming laizoon, floatation system or chamber. or a body of water that continuously
recirculates water from a spring gunmen- rsaae pefmanently installed E)f non pofta le
+..,,, tur-o basin, ,.h.,... befer- tank ^tai nirzg an af-rE✓m! k3dy of water- that . used
^, a: n,-, aqaatris r thz= a reel -athat is operated by an owner-, lessee, operator-, lieensee or e, r-egar-diess--of
whether- a fee is ehar-ged for use. The POOL may be either publiely or- privately Owned. The
tefm does not inelude a faeility that fneets the definition ef rver-eatienal aquatie spray gfound
undef Affielc YIY o�this ehapten The tefm decc mt�rroluae a Spa or- dee8r- tiVe f „~+^;^ that
is of intended to be used as a POOL. The term shall include the deck and all related facilities
such as dressing and locker rooms, toilets, showers and other areas designed for use by the
facility's patrons.
(2) References within the State standard to various types of pools are defined by the
following categories
(1) CLASS A POOL. Any pool used, with or without a fee, for accredited competitive
aquatic events such as Federation Internationale de Natation Amateur (FINA), United
States Swimming, United States Diving, National Collegiate Athletic Association
Page 2 of 19
(NCAA), National Federation of State High School Associations (NFSHSA), events.
A CLASSA POOL may also be used for recreation.
(2) CLASS B POOL. Any pool used for public recreation and open to the general public
with or without a fee.
(3) CLASS C POOL. Anv pool that is not a Class A or B pool that is limited to occupants,
members, or students and their L-uests, but not to the izeneral public.
1. It is aAft,�-pool operated for and in conjunction with:
bodging, such as hotels, motels, apartments, condominiums, RV parks, or mobile
home parks;
ii. vouth camps, property owner associations, private organizations, or clubs
(ifieltiding but not limited to eeuntr-y elubs); or
iii. a schools, colleges, or universities while operated for academic or continuing
education classes.
2. The , f s„ch a pool �ntc, me nbefs or- sttidtTet ., ra their- guests
p'.zl!
POOLAREA. The water surface and deck of a swimming pool.
PUBLIC rrrDDMA� G POOL, Any swimming peethen har ap-&.-shall inelude the deek and all related f4eilities sueh as dressing and leeker- r-eems, toilets, showers
ate swimming peel. The term
find-ethao: arW's u X 1Vj *e-&,ei4!r ' c pot Qua .
RESIDENTIAL POOL OR SPA. A pool or spa that is located on private property under the control
of the property owner or the owner's tenant and that is intended for use by not more than two
resident families and their guests. It includes a pool or spa serving only a single-family home or
duplex.
SHALL. An act or omission is mandatory.
PUBLIC SPA.
A bodv of water intended for the immersion of persons in either hot or cold water circulated
in a closed system and not intended to be drained and refilled after each use. A spa can
include a filter, heater, a pump or pumps. blowers, and water sanitizing eauipment. The
Page 3 of 19
term includes a swim spa or exercise sna.
that is twe feet or- fnere in depdi and that has a suf-faee afea of 250 square feet or less or -a
velure of 3,250 ^a11efi3 o: lcw and that i3 in.tanded to be used fef bathing er- et
euses -and -i-s- net t ed-and r-e€illedafter- eaeluse. it may inelude, but is lilt
or any eembinatien thereefL.
References within the State standard to various types of Was are defined by the followinia
categories:
a. CLASS A SPA -Anv sna maintained or used, with or without a fee. for accredited
competitive events such as FINA. United States Swimmine. United States Divine.
NCAA, and National Federation of State Hiah School Association events.
b. CLASS B SPA--Anv sna maintained or used for public recreation and oven to the
L-eneral public with or without a fee.
c. CLASS C SPA --A sna that is not a Class A or Class B spa that is open to occupants.
members, or students and their guests, but not to the general public. It is a spa that is
operated for and in coniunction with:
(i) lodging, such as hotels, motels, apartments, condominiums, RV parks, or mobile
home parks:
(ii) vouth camps, propertv owner associations, private oraanizations, or clubs: or
(iii) schools, colleges, or universities while operated for academic or continuing
education classes, or hospitals or medical centers
TAC. The Texas Administrative Code.
TRAINED POOL/SPA OPERATOR. A person who has attended at least seven hours of pool/spa
operation and safety training within the past three years that is approved by the director and who
has achieved a score of 74% or more on the end of the course examination.
§ 16-4598 FEES.
(a) The city council shall adopt a schedule of fees for:
(1) Public swimming pool and spa permits, including an additional fee for the reissuance of
a permit after its expiration;
(2) Re -inspection;
(3) Plans review;
Page 4 of 19
(4) Change of ownership; and
(5) Pre -permit requests for services.
(b) The publie heal nvironmental Services department may not issue a permit or conduct a
plans review until all requisite fees have been paid.
(c) The fee schedule shall be available to the public at the publie health Environmental Services
department, consumer health division.
§ 16-460-1 SWIMMING POOL PERMIT REQUIRED.
A person commits an offense if the person owns, operates or manages a public swimming pool
without a valid permit issued by the director.
§ 16-4619 ISSUANCE OF PERMIT.
(a) A person required to have a permit under this article shall annually complete a permit
application on a form prescribed by the director.
(b) Prior to the issuance of permit, the applicant shall allow the director to inspect the public
swimming pool/spa for compliance with the requirements of the article.
(1) The director will inspect any public swimming pool/spa that is newly constructed,
extensively remodeled or under new ownership prior to the issuance of a permit.
(2) The director may inspect all other public swimming pools/spas, at the director's discretion,
prior to the issuance of a permit.
(3) The owner/operator of a public swimming pool/spa shall be responsible at all times for the
safe operation of the public pool/spa and for operating the public pool/spa in compliance
with this article.
(c) The director may require the applicant to provide evidence to the director's satisfaction that
the public swimming pool/spa meets the permit conditions of § 16-462.
(d) The director may not issue a permit until the public swimming pool/spa passes any required
inspection and all applicable fees have been paid.
(e) A permit is valid only for the public pool/spa for which it is issued. A separate permit shall be
required for each pool/spa located on the same premises. Multiple pools sharing a common
filtration system must have separate health permits. A permit is not transferable to other
persons, pools or spas.
(f) A permit is valid for one year from the date of its issuance unless:
(1) It is suspended or revoked by the director;
Page 5 of 19
(2) The pool/spa changes ownership; or
(3) The pool/spa is remodeled extensively.
r their-
hereaftef be evnended, are adopted and "plied ifite t-h-is -Artiele as if they weFe set forth at length
herei�r:
(a) Tex. Health and Sa44), Gode Title 5. § 341.064 "Swimming Peels and Badlheuses;" and
1\3J3 a ."
§ 16-462 PERMIT CONDITIONS.
As a condition of obtaining and keeping a permit, a public swimming pool or spa shall at all times
be in compliance with the following permit conditions_
(a) The public swimming, pool/spa shall meet or exceed the standards set forth in Tex. Health
and Safety Code § 341.064, "Swimming Pools, Artificial Swimming Lagoons and Bathhouses,"
as currently enacted or as it may hereafter be amended.;
(b) The public swimming pool/spa shall meet or exceed the standards set forth in Tex.
Administrative Code Title 25, Chapter 265, Subchapter L, "Stmdafds e€ Public Pools and Spas,"
as currently enacted, or as it may hereafter be amended. :
(c) Fencing or other enclosures for a the public swimming pool/spa shall meet or exceed the
requirements of Chapter 7, "Buildings," of the code of the City of Fort Worth, Texas 201549S6),
as amended, V'.'T'�-Texas Health and Safety Code Chapter 757, "Pool Yard Enclosures," as
currently enacted, or as it may hereafter be amended, and the standards set forth in Tex.
Administrative Code Title 25, § 265.2A9192, "Pool Yard and Spa Yard Enclosures3 fOf PE)st 10
(1) All Class d-D peels and spas, haveanenelestife. Afly existing peel e .. th-at.
Qrrrtl i�� o , ,:+T. ah-is siubseetier (d)(
Sueh enelesufe on existing pools and spas fiet subjerat to the Tex. Health and Sagaty Code Chapter -
Page 6 of 19
existing peolsispas subjeet to the 14ealth and Safety Code Chapter- 757, Uh-Am _Ane 4not i or -ei Jame,
shall be upgraded to the standafds of Chupfer757�� y 7, 2007.
(d-2) The pool or spa yard enclosure shall consist of one or a combination of the following: a
fence, portion of a building, wall or other durable enclosure. Doors, openable windows, gates of
living quarters or associated private premises shall not be permitted as part of the pool/spa
enclosure. The enclosure, doors and gates shall meet the following specifications:
a Minimum effective perpendicular height of at least 48 inches as measured from the
deck surface or ground on the outside of the fence;
h: Be designed and constructed so that it cannot be readily climbed by small children. If
the enclosure is constructed with horizontal and vertical members and the distance
between the tops of the horizontal members is at least 45 inches, the openings shall not
allow the passage of a four -inch diameter sphere;
e If the pool/spa yard enclosure is constructed with horizontal and vertical members and
the distance between the tops of the horizontal members is less than 45 inches, the
openings may not allow a sphere one and three -fourths inches in diameter to pass through
the enclosure;
d. Plar.ter- it e,. st..,,, tur-es that may allow eahil re to ..limb the f nee alml.bde
(4) e. Chain link shall not be used for anv pool or spa.
(5) (J) Gates and doors for the public pool or spa yard enclosure shall:
(a) a: Be equipped with self -closing and self -latching devices and be latched when the
pool or spa is not in use. The self -closing device shall be designed to keep the gate
or door securely closed and the self -latching device shall latch when the gate is
allowed to close from anywhere in its range of operation, from its fully open
position to a position where the gate is open six inches from the fully closed
position;
b-. Open outward away from the pool or spa except for compliance with applicable
city ordinances;
O E Have hand activated door or gate opening hardware located at least three and
one-half feet above the deck or walkway;
(d,) d-. Be capable of being locked;
Page 7 of 19
(e) -- Be locked when a Class A or B pool or spa at a Class A or B facility is not
opened for use; and
(f f-. Be locked when a pool/spa is closed as a result of a hazard or condition that
warrants the closure and locking of the pool/spa.
(6) (4) The enclosure shall be designed and constructed so that all persons will be required
to pass through common pool/spa enclosure gates or doors in order to gain access to the
pool/spa area. All gates and doors exiting the pool/spa area shall open into a public area
or walkway accessible by all patrons of the pool/spa.
(e) All plumbing, electrical work, mechanical facilities and structures for the swimming pool/spa
shall meet or exceed all applicable requirements of Chapter 7, "Buildings;" Chapter 11,
"Electricity;" and Chapter 26, "Plumbing," of the code of the City of Fort Worth, Texas 2015
(1986), as amended.
(f) Storage of pool/spa chemicals shall meet or exceed all applicable requirements of Chapter 13,
"Fire Prevention and Protection," of the code of the City of Fort Worth, Texas 2015 (4.9W, as
amended.
(g) Pool/spa water shall be maintained so as to prevent the breeding or harborage of insects.
(h) Pool/spa water shall not emit odors that are foul and offensive to a person of reasonable
sensibilities.
(i) Plumbing facilities shall be installed so that swimming pool/spa filter backwash is filtered and
recycled in a manner approved by the water department.
0) A permit holder or applicant shall give the director access at all reasonable times to inspect
the swimming pool/spa and to take water samples to determine compliance with this article.
(k) A swimming pool/spa permit shall be prominently displayed on the pool/spa premises and be
available at all times for inspection by the director.
(1) Drainage from public swimming pools/spas shall be discharged to the sanitary sewer system
only with the prior consent of the water department or that director's authorized representative.
(m) All Class D pools/spas eens4fueted after- the r tkizz c, iele ,will4. we . fat
f4t,a6or. ,stems EHid the reeifeulatien sys zxr Aall .
Page 8 of 19
a minimum of enee evefy 30 minutes based on the manufaetwer-'s feeemmended tum over- mAe
with a elean filter,
(in) (-r) All post -October 1, 1999 pool and spa changingibathing areas shall be equipped with at
least one diaper changing station(s) per restroom. Each changing station will be manufactured from
smooth and easily cleanable sturdy materials and maintained in good repair at all times when the
pool/spa is open. Each diaper changing area will be equipped with hand washing sinks and supplied
with hot and cold running water and soap for hand washing and disposable towels or air hand
drying device.
(n (e) A sign visible from the pool/spa yard enclosure shall state in at least two-inch letters
"DIAPER CHANGING IN THE POOL/SPA AREA IS PROHIBITED."
§ 16-463 PLANS REVIEW; NEW AND REMODELED POOLS AND SPAS.
(g) Prior to beginning the construction of a new swimming pool/spa or the extensive remodeling
of an existing swimming pool/spa, the owner shall submit plans and specifications for such
construction or remodeling to the director for review.
(h) 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.
(i) A licensed professional engineer shall examine the final peaVspa desiga4blueprints for all new
and extensively remodeled pools/spas (including structural, mechanical, plumbing or
electrical renovations) and certify by original signature and engineer's seal, on a pre -
construction letter approved by the director, compliance with Tex. Administrative Code Title
25, §§ 265 Subchapter L,.l83 to 265.201 and §§ 265 env) t 265 206(d) "Standards
Public Swimming Pools and Spas."
(j) No work shall begin until the director has received the engineer's certificate of pre -
construction, conducted a plans review and has relayed to the planning and development
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. If
no work has begun within 180 days from the date the director has given written notice that
work may begin, the director may rescind such advisory.
Page 9 of 19
(k) The pool or spa construction shall pass a pregunite inspection, preplaster inspection and
preoperational inspection by the director prior to issuance of a permit.
(1) A licensed professional engineer shall inspect the completed new or extensivelv renovated
pool/spa construction and certify by original signature and engineers seal, on a post -
construction letter approved by the director, that the pool/spa is installed and constructed in
accordance with the Tex. Administrative Code Title 25, §§ 265.183 to 265.201 and §§
265.205(a) to 265 206( )Subchapter L, "Standards e€Public Pools and Spas."
§ 16-464 PRE -OPERATION INSPECTION.
Whenever plans and specifications are required to be submitted to the director of publie. health
Environmental Services Department by § 16-463 of this article, the director or the director's duly
authorized representative shall inspect the pool/spa prior to the start of operations, to determine
compliance of the approved plans and specifications with the requirements of this article and
regulations of the Texas Ddepartment of Sstate Hhealth Seervices.
§ 16-465 NATIONALLY ACCREDITED OR TRAINED POOL/SPA OPERATORS.
(a) The owner or person in control of a public swimming pool/spa shall designate one or more
nationally accredited or trained pool/spa operators for the pool/spa as required. A nationally
accredited or trained pool/spa operator shall be readily available on -site or by recall to be on -
site within one hour during all hours of operation to monitor the public swimming pool/spa
and maintain it in a safe and sanitary manner.
(b) New and existing Class A ; and B and pools and spas, located at Class A and B facilities
shall be required to have a nationally accredited pool/spa operator.
(c) New and existing Class Cand D pools and spas shall be required to have trained pool/spa
operators. In order to be considered trained, a pool/spa operator shall successfully complete a
course in pool/spa maintenance and safety approved by the director.
(d) A person commits an offense if the person owns or is in control of a public swimming pool/spa
that does not have a nationally accredited or trained pool/spa operator readily available during
all hours of pool/spa operation.
(e) A person who owns or is in control of a public swimming pool/spa shall maintain proof by
posting prominently on the premises that the pool/spa has a designated nationally accredited
Page 10 of 19
or trained pool/spa operator certificate and shall present such proof to the director upon
demand.
(f) In a prosecution for a violation of subsection (d) above, failure to present proof of a designated
nationally accredited or trained pool/spa operator to the director shall constitute prima facie
evidence that a nationally accredited or trained pool/spa operator is not readily available
during all hours of operation.
(g) Class C and D pools and spas.
(1) If a trained pool/spa operator is not employed on -site at the public swimming pool/spa,
the owner or person in control of the pool/spa shall post a sign visible from the deck of
the pool/spa stating the telephone number or pager number of the trained pool/spa
operator. The letters in such signs shall be of a minimum height of one inch, and shall
be of a color contrasting to their background.
a. At a minimum, such signs shall state:
"TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THIS
FACILITY, CALL DURING HOURS OF OPERATION."
b. Such signs shall be of weather -resistant construction, and shall be posted where they are
readily visible to a reasonably observant person.
(2) A person commits an offense if the person owns or is in control of a swimming pool/spa
with no trained pool/spa operator employed on -site and fails to post or maintain signs required by
subsection (g)(1)(a) and (g)(1)(b) above.
(h(i) Permit applications for new and existing Class A; and B Had D pools and spas located at
Class A and B facilities shall name the designated nationally accredited pool/spa operator for the
public swimming pool/spa for which a permit is sought. If the designated nationally accredited
pool/spa operator changes during the term of the permit, the owner or person in control of the
pool/spa shall immediately report such change to the director.
()i (}) A person commits an offense if the person owns or is in control of a public swimming
pool/spa and knowingly fails to report a change of a nationally accredited pool/spa operator as
required by subsection (i) above.
Page 11 of 19
(j) (k) The director shall charge a fee set by the city council for any courses or tests the director
administers pursuant to this section.
§ 16-466 MAINTENANCE OF POOL/SPA RECORDS. ( When Class n u and D ,,eels
and spas, leeetea .,t Class n .,,,a u f e;l;t;es a epen4rr. to f quality tests f « disin eta t
level and p14 shall be eendueted at least evefy �we houfs. To assur-e pr-epef disin&etant levels and
pll tests , „a,,,.tea is e f.eq e„tly ;f neeessafy. if a ste.,., ; used t a t.,mat;eauy
„t«el disi f et M and pu, testing f .. disi ., feetet level ^^d TJ:1 "h 11
(b) When a Class C ef: D pool or- a spa leeated at a Class G f4eility is epen for- use, water quality
tests for- disinfeetant level and p14 will be made one or more times per day. To assur-e proper-
disin f et. „+ levels .,...,1 V14, L cl,all be ,. d etea f e ffe e.,.tly if neeessa
(aL(d) Test methods shall be capable of measuring chemical ranges as set forth in Tex.
Administrative Code Title 25, Chapter 265 without dilution of pool or spa water.
(!)J_(e) To ensure compliance with applicable codes, all pool and spa facilities shall record the
inspections and make repairs, as necessary, of the following:
(1) Ground fault circuit interrupters for pool/spa equipment shall be tested weekly;
(2) Condition of pool/spa yard enclosure and gates shall be inspected weekly; and
(3) Emergency telephone operation shall be tested monthly.
(cc(f) A person commits an offense if the person owns, is in control of, or is a nationally
accredited or trained pool/spa operator of a public pool/spa and fails to maintain records as required
by this section.
(d) (g) A person commits an offense if the person owns, is in control of, or is a nationally
accredited or trained pool/spa operator of a public swimming pool/spa and fails to make records
required by this section available to the director immediately upon the director's request.
§ 16-467 GROUNDS FOR PERMIT DENIAL.
(a) The director may deny the issuance of a pool or spa permit:
(1) If the applicant for the permit of the pool(s)/spa(s) being permitted has been convicted of
one or more violations of this article, Tex. Health and Safety Code § 341.064, Tex.
Page 12 of 19
Administrative Code Title 25 Chapter 265 Subchapter L, or Tex. Health and Safety Code
Chapter 757 within the 12 months preceding the date of the application; or
(2) If any of the permit conditions of § 16-462 are not met.
(b) An applicant whose permit is denied will be notified by the director, in writing, within ten
days of the date of the denial. The director shall set out the grounds for the denial.
(c) The notice will be personally delivered to the applicant or sent by certified mail, return
receipt requested, to the address listed on the application.
(d) An applicant whose permit is denied may request an appeals hearing within ten days after
service of the notice of denial. Such request shall be in writing, shall specify the reasons why
the permit should not be denied, and shall be filed with the director.
§ 16-468 GROUNDS FOR SUSPENSION OR REVOCATION OF PERMIT.
After notice and hearing, the director may suspend for up to 180 days or may revoke a public
swimming pool/spa permit if:
(a) The permit holder or person in control of the public swimming pool/spa is convicted of a
violation of this article or Tex. Health and Safety Code § 341.064, Tex. Administrative Code Title
25, Chapter 265, Subchapter L, or Tex. Health and Safety Code Chapter 757 during the term of the
permit;
(b) The permit holder or person in control of the pool/spa fails to comply with any of the permit
conditions set forth in § 16-462;
(c) The permit holder or person in control of the pool/spa fails to comply with an inspection
report order;
(d) The permit holder or person in control of the pool/spa disobeys a closure order issued by
the director pursuant to this article; and
(e) The permit holder made a materially false statement on the permit application or there is
any false statement or misrepresentation as to a material fact in any plans and specifications
submitted pursuant to this article.
§ 16-469 RIGHT OF ENTRY.
Page 13 of 19
(a) The director may enter the premises of public swimming pools/spas, including a building,
storaee. eauinment room, bathhouse, or office, at all reasonable times whenever it is
necessary to make an inspection to enforce any of the provisions of this article, to collect
water samples, to review records, to question any person, or to locate, identify, and assess
the condition of the pool or spa, or whenever the director has probable cause to believe that
a violation of this article exists on such premises.
(b) The director shall first present appropriate credentials and demand entry if the premises are
occupied. If the premises are unoccupied, the director shall first make a reasonable attempt
to locate the owner or person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, the director shall have every
recourse provided by law to secure entry. Such recourse shall include the right to obtain a
search warrant under the provisions of Tex. Code of Criminal Procedure Article 18.05.
(d) Advance notice or permission for entry is not reauired.
§ 16-470 INSPECTION REPORTS.
(a) After inspecting a public swimming pool/spa pursuant to this article, the director may prepare
a written inspection report. Such report may specify the violations observed during the
inspection and order the owner or person in control to bring the facility into compliance with
this article by a specified time.
(b) The director shall furnish a copy of the inspection report to the owner or person in control of
the facility.
(c) The inspection report shall state:
"FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT MAY RESULT IN THE
ISSUANCE OF CRIMINAL CITATIONS, THE CLOSURE OF THE FACILITY, THE
SUSPENSION OR REVOCATION OF YOUR SWIMMING POOL/SPA PERMIT, AND THE
EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW."
(d) A person commits an offense if the person owns or is in control of a public swimming pool/spa
and fails to comply with an order issued pursuant to this section.
§ 16-471 CLOSURE ORDER.
(1) The director ffHky shall be authorized to order a public swimming pool/spa closed if the
director determines:
Page 14 of 19
(1) That it is being operated without a valid public swimming pool/spa permit;
(2) That it is being operated without a nationally accredited pool/spa operator or trained
pool/spa operator readily available during all hours of pool/spa operation; or
(3) r. i=~iirent heiz fd t +�o
health ef sa�� of pefsens using the faeilit�L, of these in elese proximity to the fa That
there is a serious risk of suction entrapment or the public swimming pool/spa is otherwise
in a condition which poses an imminent risk to the health or safetv of the public or the
emplovees of the establishment.
(2) The owner. operator or other person in charge of the public swimming pool/spa will be Given
written notice of the reason for the closure.
(cJ(b) After the director closes a public swimming pool/spa, the owner,, or person in control of
the pool/spa shall immediately:
(1) Properly post and maintain signs at all entrances to the public swimming pool/spa
that state: "CLOSED UNTIL FURTHER NOTICE;" and
(2) Lock all doorways and gates that form a part of the public swimming pool/spa
enclosure.
(dj(e) Signs required by subsection (b) above shall be a minimum size of eight and one-half
inches by 11 inches. The lettering shall be of a contrasting color to the background. Signs shall be
positioned so that they are readily visible to a reasonably observant person.
( J(d) If the owner or person in control of the public swimming pool/spa is absent, or fails or
refuses to comply with subsections (b) and (c) above, the director may post signs and secure the
premises in accordance with this section.
a(e) A person commits an offense if the person owns or is in control of a public swimming
pool/spa subject to a closure order and fails to comply with subsections (b) or (c) of this section.
(g)—(f) A person other than the director commits an offense if the person removes, defaces,
alters, covers or renders unreadable a closure sign posted by the director.
Page 15 of 19
(11)-(g) A person commits an offense if the person uses for swimming, diving or bathing a public
swimming pool/spa that has been closed by the director and which is properly posted as required
by this section.
Q (h) A person commits an offense if the person owns or is in control of a public swimming
pool/spa subject to a closure order and knowingly allows persons to use the pool/spa for
swimming, diving or bathing.
@ (i) A public swimming pool/spa closed by the director shall not resume operation until a
reinspection by the director determines that the facility has been brought into compliance with this
article.
(k) q) A permit holder may appeal a closure order to the director within three days after the
issuance of the order. The appeal shall be in writing, shall set forth the reasons why the closure
order should be rescinded, and shall be filed with the director. The filing of an appeal does not stay
the closure order.
§ 16-472 HEARINGS PROCEDURES.
(a) General provisions.
(1) When notice is required to be given to a person under this section, it shall be in writing
and mailed certified mail, return receipt requested, to that person's last known mailing
address.
(2) Notice shall specify the date, time and place of the hearing.
(3) Notice shall be deemed received five days after it is placed in a mail receptacle of the
United States Postal Service.
(4) For purposes of this section, the director shall be empowered to administer oaths and to
promulgate procedural rules for the conduct of the hearing.
(5) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city -
recognized holiday, the deadline shall be the next regular city business day.
(6) The date of an order or ruling required to be made under this section shall be deemed to
be the date it is signed.
(7) The administrative remedies set forth in this section shall be in addition to any criminal
penalties or other remedies provided in the ordinances of this city or the laws of this state.
Page 16 of 19
(8) Decisions shall be made based on a preponderance of the evidence, with the city having
the burden of proof.
(b) Conduct of hearings.
(3) Upon determining that cause exists to suspend or revoke a public swimming pool/spa
permit, the director may schedule a hearing.
(4) Upon receipt of an appeal by a person whose public swimming pool/spa permit was
denied or whose pool/spa was ordered closed, the director shall schedule a hearing for a
time no later than ten days following receipt of the request.
(5) The director shall send notice of the hearing to the person and shall act as the hearing
officer.
(6) After the conclusion of the hearing, the director shall make written findings of fact and
conclusions of law and shall issue a written decision without undue delay.
(7) This hearing shall be deemed to exhaust the administrative remedies of the person
aggrieved.
§ 16-473 NUISANCE.
(a) A public swimming pool/spa is hereby declared to be a nuisance if:
(1) Pool/spa water clarity standards in Tex. Administrative Code Title 25, Chapter 265, Sub
Chanter L, "StandaMs of Public Swimming Pools and Spas," are not maintained;
(2) Water at the public swimming pool/spa is not maintained so as to prevent the breeding or
harborage of insects;
(3) Water at the public swimming pool/spa emits an odor that is foul and offensive to a person of
reasonable sensibilities; and -or
(4) The owner/operator fails to maintain the pool/spa in compliance with this Aarticle, Tex. Health
and Safety Code § 341.064, Tex. Administrative Code Title 25, Chapter 265 Subchapter L,
and Tex. Health and Safety Code Chapter 757_ ef eeases to epefate the peeYspa.
(5) The owner/operator ceases to operate the Dool/spa. by Dermanentiv or indefinitelv
discontinuing the use or maintenance of the pool or spa.
(b) The director may give notice to the owner of the property on which a nuisance under this
section is located to abate, remove or otherwise remedy such nuisance immediately.
(c) The notice must be given:
Page 17 of 19
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's post office address and sent by certified
mail, return receipt requested; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
a. By publication in the official newspaper of the city at least twice within ten
consecutive days;
b. By posting the notice on or near the front door of each building on the property to
which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the
property to which the violation relates, if the property contains no buildings.
(d) If the public swimming pool/spa has a valid or suspended permit issued pursuant to this
article and the permit holder is not the same person as the owner of the property, notice shall
also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the director
may enter the property containing the nuisance and do any work necessary to abate the
nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the director to protect
the public health, safety or welfare of the public from an imminent hazard, the director may,
without complying with the notice provisions of this section, enter the property containing
the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the city to abate a nuisance, including the cost of giving notice as
required, shall initially be paid by the city and charged to the owner of the property. The city
may assess the expenses against the real estate on which the work was done.
(h) To obtain a lien against the property, the director shall file a statement of expenses with the
county clerk for the county in which the property is located. The lien shall be security for
the costs incurred and interest accruing at the rate of 10% per annum on the amount due
from the date of payment by the city.
(i) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
Page 18 of 19
0) The remedy provided by this section is in addition to all other remedies available under this
article or elsewhere.
§ 16-474 PENALTIES AND ENFORCEMENT.
(a) An offense as defined under this article is a Class C misdemeanor punishable by a fine not
to exceed $2,000 in . Each separate occurrence of a violation or
each day that a violation continues shall constitute a separate offense.
(b) If an offense defined under this article does not include a culpable mental state, then intent,
knowledge, or recklessness suffices to establish criminal responsibility.
(c) The director may establish enforcement procedures to ensure compliance with this article
which are consistent with the regulations adopted herein.
§§ 16-475--16-499 RESERVED.
Page 19 of 19
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0794
LOG NAME: 22PUBLIC SWIMMING POOLS AND SPAS ORDINANCE REVISION
SUBJECT
(ALL) Adopt an Ordinance Repealing and Restating Chapter 16 "Health and Sanitation," Article XVIII "Public Swimming Pools and Spas" of the
Code of the City of Fort Worth to Amend Regulations for Public Pools and Spas to Align with Changes to State Law, Update Definitions and
Regulations, and Name the Environmental Services Department as the Regulatory Authority
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 16 "Health and Sanitation," Article XVIII
"Public Swimming Pools and Spas" of the Code of the City of Fort Worth to amend regulations for public pools and spas to align with changes to
State law, update definitions and regulations, and name the Environmental Services Department as the regulatory authority.
DISCUSSION:
The purpose of this Mayor and Council Communication is for the City Council to consider the attached ordinance which repeals and restates
Chapter 16 "Health and Sanitation," Article XVIII "Public Swimming Pools and Spas" of the City Code to amend regulations for public pools and
spas to align with changes to State law, update definitions and regulations, and name the Environmental Services Department as the regulatory
authority.
On March 1, 2005, the City Council approved Ordinance Number 16313 which updated and clarified public swimming pool and spa health and
safety provisions and supplemented State regulations governing public swimming pools and spas.
As recently as April 2024, the Texas Administrative Code (TAC) governing Public Swimming Pools and Spas was revised to adopt the 2021
International Swimming Pool and Spa Code and National standards for suction outlets. Adoption of the attached revisions to Article XVIII will
ensure that the ordinance reflects current State statutes and regulations.
Proposed changes to Article XVIII Public Swimming Pools and Spas will adopt minimum State regulations by reference. The Article will retain four
existing higher regulatory standards which requires: 1) a nationally -accredited pool/spa operator for municipal and competitive pools; 2) approval
of a licensed professional engineer on design and construction; 3) signage for prohibiting diaper changing; 4) the owner or person in control of the
public swimming pool to post signage detailing how to report any mechanical, safety, or water quality issues.
There are no additional financial burdens for the public swimming pool and spa operator.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material impact on City funds.
Submitted for Citv Manager's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head:
Additional Information Contact:
Cody Whittenburg 5455
Leticia Cordero 6973
Art Franco 6975