HomeMy WebLinkAboutOrdinance 18521-03-2009ORDINANCE NO 18521-03-2009
AN ORDINANCE AMENDING CHAPTER 16 `HEALTH AND
SANITATION ARTICLE XVIII TO REVISE THE DEFINITION
OF `POOL AND TO STRIKE ALL REFERENCES TO
`INTERACTIVE SPRAY GROUND OR ATTRACTION"
AMENDING CHAPTER 16 `HEALTH AND SANITATION" TO
ADD ARTICLE XIX `RECREATIONAL AQUATIC SPRAY
GROUNDS FOR THE PURPOSE OF PROTECTING PUBLIC
HEALTH BY REGULATING DESIGN CONSTRUCTION AND
OPERATION OF RE-CIRCULATING, NON POOLING,
RECREATIONAL AQUATIC PLAY SURFACES PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE
PROVIDING A SEVERABILITY CLAUSE PROVIDING A
SAVINGS CLAUSE PROVIDING FOR A PENALTY CLAUSE
PROVIDING FOR PUBLICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth is committed to the responsible use
and stewardship of natural resources, the provision of safe recreational activities, and the
promotion and protection of the public health of the community and
WHEREAS, recreational aquatic spray grounds offer an entertaining
aquatic activity without creating an undue burden on the City's water supply and
WHEREAS technological advances make it possible to protect the public
health at recreational aquatic spray grounds while allowing conservation of water through
re-circulation and reuse; and
WHEREAS City staff recommends that the City Code provisions dealing
with recreational aquatic spray grounds be revised to allow facilities to take advantage of
these technological advances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS
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SECTION 1
That Section 16-456 of Chapter 16 `HEALTH AND SANITATION" of the Code
of the City of Fort Worth, Texas, is hereby amended to delete the term `Interactive spray
ground or attraction and its definition in their entirety and to revise the definition of
`Pool to read as follows
Pool means any manmade permanently installed or non-portable structure, basin,
chamber or tank containing an artificial body of water that is used for swimming,
diving, aquatic sports or other aquatic activity other than a residential pool and
that is operated by an owner lessee, operator licensee or concessionaire,
regardless of whether a fee is charged for use. The pool maybe either publicly or
privately owned. The term does not include a facility that meets the definition of
recreational aquatic spray ground under Article XIX of this chapter The term
does not include a spa or decorative fountain that is not intended to be used as a
pool. References within the standard to various types of pools are defined by the
following categories
(A) Class A pool means 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 A pool may also be used for recreation.
(B) Class B pool means any pool used for public recreation and open to
the general public with or without a fee.
(C) Class C pool means any pool operated for and in conjunction with. (i)
lodging such as hotels, motels, apartments, condominiums, or mobile
home parks, (ii) property owner associations, private organizations, or
clubs (including but not limited to country clubs) or (iii) a school, college
or university while being operated for academic or continuing education
classes. The use of such a pool would be open to occupants, members or
students, etc., and their guests but not open to the general public.
(D) Class D pool means a wading pool with a maximum water depth of
twenty-four (24) inches at any point.
That Section 16-462 of Chapter 16 `HEALTH AND SANITATION" of the Code
of the City of Fort Worth, Texas, is hereby amended to delete subsection (n) in its
entirety and re-designate the remaining subsections to read as follows
(n) All post 10-01 99 pool and spa changing/bathmg areas shall be equipped with
at least one (1) diaper changing station(s) per restroom. Each changing station
will be manufactured from smooth and easily cleanable sturdy materials and
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maintained m 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.
(o) A sign visible from the pool/spa yard enclosure shall state m at least two-inch
letters 'DIAPER CHANGING 1N THE POOL/SPA AREA IS PROHIBITED"
SECTION 2.
That Chapter 16 `HEALTH AND SANITATION" of the Code of the City of Fort
Worth, Texas, is hereby amended to add Article XIX `RECREATIONAL AQUATIC
SPRAY GROUNDS to read as follows
Sec. 16-500 Purpose
The purpose of this article is to protect the health and safety of the public by
establishing minimum standards for the construction, operation, and maintenance
of recreational aquatic spray grounds and their related facilities.
Sec. 16-501 Definitions
For purposes of this article, the following terms and phrases shall have the
meanings herein designated unless a provision explicitly states otherwise.
Adequate means sufficient to accomplish the purpose for which something is
intended and to such a degree that no unreasonable risk to health or safety is
presented. Complying with generally accepted standards, principles, or practices
applicable to a particular trade, business, occupation, or profession is adequate
with the meaning of the article.
cm means centimeter
Director means the director of the department of code compliance for the city or
the director's authorized representative.
Extensively remodeled means the replacement of or modification to a recreational
aquatic spray ground 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 that. has been previously approved if
the size, type, or operation of the equipment is not substantially different from the
original equipment.
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Free available disinfectant means that portion of the total approved chemical
disinfectant remaining m water that is not combined with other compounds and
that will react chemically with pathogenic or other undesirable organisms.
gpm means gallons per minute.
gpm/sf means gallons per minute per square foot.
May means an act or omission is permissive.
mJmeans mih~oule.
mJ/cm~ means mih~oules per centimeter squared.
Operating day means a day on which the recreational aquatic spray ground is
open to patrons for any period of time.
Operating week means aseven-day period beginning on Sunday and concluding
on Saturday one or more days of which the recreational aquatic spray ground is
open to patrons.
Person means a natural person, corporation, organization, business trust, estate,
trust, partnership, association, or other legal entity The term does not include
government or a governmental subdivision or agency
pH means the negative logarithm of the hydrogen-ion concentration of a water
solution, a measure of the acidity or alkalinity of a solution expressed m standard
units.
Recreational Aquatic Spray Ground or RASG means a public or private facility
intended for recreational purposes in which water is sprayed on a solid surface
and continually drained, collected, treated, and re-circulated, regardless of
whether a fee is charged for use. The term shall include the deck and all related
buildings, appurtenances, and facilities such as dressing and locker rooms, toilets,
showers, and other areas designed for operation of the facility or for use by the
facility's patrons. The term does not include an artificial body of water that meets
the definition of pool under Article XVIII of this chapter The term does not
include a decorative fountain that is not intended to be used for recreational
purposes. The term does not include a facility m which water is not re-circulated.
sf means square foot.
Shall means an act or omission is mandatory
Should means an act or omission is recommended but not mandatory
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Spray feature means the devices and plumbing used to convey water to the spray
pad to spray the patrons.
Spray pad means the specific area on which the patrons stand and are sprayed
with water and consists of the play surface, spray features, and drains.
Spray pad treatment system means the equipment and processes used to filter
disinfect, sanitize, and circulate the water used for the spray pad and spray
features.
TAC means the Texas Administrative Code.
Treatment tank means the vessel used to collect the water that has been sprayed
on the spray pad and returned through the spray pad drams.
UV means ultraviolet light, which is that portion of the electromagnetic spectrum
with wavelengths shorter than visible light but longer than X rays.
Waste water means all water that has been dispensed or re-circulated at a RASG
The term includes water generated when a RASG tank and circulation system is
flushed, drained, or both. The term does not include rain or other precipitation.
Sec. 16-502. Permit required
Every facility within the corporate limits of the Crty of Fort Worth that meets the
definition of recreational aquatic spray ground under this article must obtain a
permit from the director of the city's code compliance department m order to
operate. A person commits an offense if the person owns, operates, or manages a
RASG without a valid permit issued by the director
Sec. 16-503. Technical standards
A recreational aquatic spray ground must comply with the technical specifications
of all subsections of this section with respect to construction, operation, and
maintenance. A 1tASG that does not comply with these technical specifications
may not be issued a permit and may not continue to operate under a permit that
was previously issued.
(a) Water Supply
(1) Water supply to the RASG facility must meet the standards under
Texas law for public dnnkmg water which are currently found m Title 30
of TAC
(2) Cross-connection between the water supply and re-circulation systems
is prohibited.
Page 5 of 23
(b) Water acidit.h~evels
The pH level at the RASG must meet the requirements under state law for
a pool or spa. The pH level of the water shall be monitored and recorded
at least once dunng each operating day
(c) Filtration
(1) Filtration must meet one of the following standards
(A) Sand filters.
(i) High-rate sand filters (pressure or vacuum) shall be
properly mamtamed and operated according to the
manufacturer's mstruchons and at a filter rate not to exceed
15 gpm/sf.
(ii) Filter air release valves shall be opened as needed to
remove air that collects in the filters.
(iii) Sand filters shall be backwashed at a flow rate of 12 to
15 gpm/sf or at the rate recommended by the manufacturer
(B) Diatomaceous earth filters.
(i) Diatomaceous earth filters shall be properly mamtamed
and operated according to the manufacturer's instructions
and at a filter rate not to exceed 2 gpm/sf with body feed or
1.5 gpm/sf without body feed.
(ii) Diatomaceous earth filters must be equipped with a
separation tank.
(iii) Used diatomaceous earth filter media, including
separation tank sludge, shall be disposed of or treated as a
solid waste matenal m accordance with the requirements of
state law
Page 6 of 23
(C) Cartridge filters.
(i) Cartridge filters shall be properly mamtamed and
operated according to the manufacturer's instructions and
at a filter rate not to exceed a maximum of 0 375 gpm/sf.
(ii) Cleaning and replacement of cartridge filters must be
in accordance with the manufacturer's recommendations.
One complete spare set of cartridges shall be available at all
times to facilitate cleaning.
(2) Operating instructions must be permanently attached to all filters,
regardless of type.
(3) All filtration systems, regardless of type, must be equipped with inlet
and outlet pressure gauges and other gauges in accordance with the
manufacturer's specifications.
(4) Regardless of type, the filtration system must be equipped with flow
metering equipment to ensure that water flow does not exceed the
prescribed rate.
(d) Chemical disinfection
(1) Recreational aquatic spray grounds must employ a type of chemical
disinfectant that is approved under state law for use with a spa.
(2) Recreational aquatic spray grounds must be designed and mamtamed
so that free available disinfectant levels meet state requirements for
chemical disinfection of a spa.
(3) Recreational aquatic spray grounds must employ automatic feeders for
dispensing of disinfectant.
(4) RASG must be equipped with chemical metering equipment that
monitors and records data regarding free available disinfectant levels to
ensure that such levels are maintained at the prescribed level.
(5) The free available disinfectant levels shall be manually tested and
recorded at least once during each operating day
(6) RASG must employ a mechanism that causes the spray features to
automatically turn off and prevents them from re starting in the event free
available disinfectant levels fall outside the ratio prescribed by state law
for the type of disinfectant m use.
Page 7 of 23
(7) Chemical dispensing and metering equipment shall be cleaned,
maintained, and repaired m accordance with the manufacturer's
recommendations.
(e) Ultraviolet h~ht samtization
(1) Each pump providing water to the spray pad must be equipped with a
UV sanitization unit consisting of a bulb quartz sleeve, light meter and
other associated components.
(2) All water that is provided to the spray pad shall be treated with
ultraviolet light that has a validated dosage equivalent to 40mJ/cm2 or
greater at the end of lamp life or an alternate dosage that is proven to
result m a three log kill of cryptosporidium. Documentation of the
effectiveness of an alternate dosage must be submitted to the director for
approval.
(3) Each UV sanitization unit must be of a make and model that has been
validated. Validation consists of review and testing performed by an
independent agency that has been approved by the director A list of
approved validation agencies shall be kept by the director and made
available on request.
(3) For units uhhzmg quartz sleeves to separate the water passing through
the chamber from the UV source, the unit shall be designed to permit
cleaning of the lamp packets and the sensor window or lens without
mechanical disassembly For units uhhzmg polytetrafluoroethylene
(PTFE) surface materials to separate the water that flows through the UV
chamber from the lamps, the UV unit shall be designed to be readily
accessible to the interior and exterior of the PTFE. The UV unit shall be
designed to permit use of either physical or chemical cleaning methods.
(4) An accurately calibrated UV light intensity meter properly filtered to
restrict its sensitivity to the sanitization spectrum, shall be installed m the
wall of the samtization chamber at the point of greatest water depth from
the tube or tubes.
(5) An automatic shut-off device shall be installed to prevent flow to the
spray features m the event the UV light intensity decreases below the
validated setpoint.
(6) An automatic, audible alarm shall be installed to warn of UV light
samhzation unit malfunction or impending shutdown.
(7) The UV sanitization unit shall be designed to protect the operator
against electrical shock or excessive radiation.
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(8} The unit shall be installed m an enclosure that protects the unit from
sunlight and from extremes of temperature.
(9) A spare UV lamp and other necessary equipment shall be provided
on-site to allow for prompt repair by qualified personnel properly
instructed m the operation and maintenance of the equipment.
(10) The UV light unit shall be located so that all water entering the spray
pad is exposed to ultraviolet fight immediately before such water is
dispensed through a spray feature.
(11) The UV light units and light intensity meters shall be cleaned,
maintained, and repaired in accordance with the manufacturer's
recommendations.
(12) The UV lamp(s) shall be replaced when decreased ultraviolet light
intensity is due to lamp failure.
(f) Precipitation, waste water and drainage system
(1) All RASG shall be designed and built so that rain and other
precipitation ordinarily drams to the storm sewer system.
(2) All RASG shall be designed and built so that waste water discharges
to the sanitary sewer system.
(3) Waste water from the RASG including filter backwash, shall be
introduced to the sanitary sewer system through an air gap equal to at least
twice the diameter of the drain pipe or by another method that will prevent
backflow and back-siphonage.
(g) Fencm~
The RASG perimeter must be enclosed or fenced m order to minimize the risk
of contamination of the spray pad surface by animals and animal waste.
Acceptable fencing types include chain link; wood or wood like composites
with slats spaced no more than four inches apart; and iron bars spaced no
more than four inches apart.
(h) Si~a_g_e
(1) Each RASG entry point must be posted with a sign prohibiting:
(A) bringing pets into the spray ground,
Page 9 of 23
(B) dunking the water from spray features, and
(C) changing diapers inside the recreational aquatic spray ground.
(2) The prohibitions required to be included under this subsection must be
posted in letters that are at least one inch tall
(i) Building codes
Every newly constructed or extensively remodeled RASG must be constructed
and maintained so as to comply with all applicable federal, state, and local
building codes m effect for pools and spas at the time the construction or
remodeling occurs.
Sec. 16-504. Filing application for permit
Pnor to beginning the construction or extensive remodeling of a facility that
meets the definition of a recreational aquatic spray ground under this article, the
person who owns, operates, or manages the facility must submit a completed
application for RASG permit on the form promulgated by the director In
accordance with the requirements of this article, the application must be
accompanied by plans and specifications for the construction or remodeling as
well as all required fees.
Sec. 16-505. Fees
(a) The city council shall adopt a schedule of fees for•
(1) Recreational aquatic spray ground permits, including an additional fee
for the reissuance of a permit after its expiration,
(2) Re inspection,
(3) Plans review
(4) Change of owner or operator
(5) Pre-permit requests for services.
(b) Fees charged for RASG services shall be the same as those charged for
services related to pools and spas.
(c) The code compliance department may not issue a permit or conduct a plans
review until all applicable fees have been paid.
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(d) The fee schedule shall be available to the public at the code compliance
department.
Sec. 16-506. Examination, water testing, and maintenance of records
(a) The owner operator or manager of a recreational aquatic spray ground shall
examine the facility at least once during each operating day to ensure that:
(1) the spray pad surface is undamaged, clean, and free of debns,
(2) the deck and all associated buildings, appurtenances, and facilities,
(including but not limited to dressing and locker rooms, toilets, and
showers) are m good repair and do not pose a threat to public health or
safety
(3) pumps and filters are functioning properly and water is flowing at the
prescribed rate;
(4) water pH level is wrthm the required range;
(5) chemical disinfectant levels are wrthm prescribed range and metenng
equipment is operating properly and
(6) ultraviolet sanitization unit is functioning properly and intensity of
light being emitted is wrthm prescribed range.
(b) The owner operator or manager of a recreational aquatic spray ground shall
examine the facility at least once dunng each operating week to ensure that:
(1) any required ground fault circuit interrupters are functioning
properly and
(2) fencing around the RASG is m good repair
(c) The owner operator or manager of a recreational aquatic spray ground shall
have the water from each circulation system tested and analyzed m accordance
with the requirements of this subparagraph.
(1) Water testing must be performed by an agency or entity that is not
affiliated with the RASG Testing by a government entity including but
not limited to the city shall satisfy this requirement.
(2) Initial testing shall be conducted at the conclusion of the first
operating day of each year
Page 11 of 23
(3) Periodic testing shall be conducted at least once every 90 days
following the first operating day of each year
(4) The testing must include analysis to determine whether fecal
cohforms are present.
(5) The testing process must include analysis for any additional physical,
chemical, or microbiological parameters required by the director
(6) Results of all water testing shall be filed with the director
(d) If any analysis required under subsection (c) indicates the presence of fecal
coliforms or any other contaminant that poses a threat to human health, a person
with knowledge of such analysis is under a duty to notify the director within 24
hours.
(e) Notations shall be made regarding the results of all examinations and tests
required under subsections (a), (b), and (c) These records shall be maintained for
a minimum of twenty-four months from the date of the examination or test and
shall be provided to the director on request.
(f) The owner operator or manager of a RASG shall promptly correct or repair
any defect or problem discovered in the course of an examination under
subsection (a) or (b) The owner operator or manager must record all repairs and
maintain such records for a minimum of twenty four months from the date of the
examination. These records shall be provided to the director on request.
(g) A person commits an offense if the person knows of the presence in RASG
water of any organism or contaminant that poses a threat to human health and
fails to notify the director within 24 hours.
(h) A person commits an offense if the person owns, operates, or manages a
RASG and fails to conduct the examinations or testing or fails to maintain the
records required by this section.
(i) A person who owns, operates, or manages a RASG commits an offense if the
person fails to make required records available to the director immediately upon
request.
Sec. 16-507 Plans review
(a) Prior to beginning the construction or extensive remodeling of a facility that
meets the definition of recreational aquatic spray ground under this article, the
owner operator or manager shall submit detailed plans and specifications for
such construction or remodeling to the director for review
Page 12 of 23
(b) The plans and specifications shall indicate the proposed layout and
arrangement of mechanical, plumbing, and electrical systems, construction
materials of work areas, the location, composition, and dimensions of fencing; the
type and model of proposed fixed equipment and facilities, and the location,
dimensions, and composition of all associated buildings or structures.
(c) A licensed professional engineer shall examine the plans and specifications
for all new or extensively remodeled recreational aquatic spray grounds and
certify by original signature and engineer's seal.comphance with~this article.
(d) No work shall begin until the director has received the engineer's certificate
of pre-construction, conducted a plans review and relayed in writing to the
planning and development department that a bmldmg permit may be issued.
Work shall commence and conclude within the time allowed by building permits.
Deviations from approved plans shall not be permitted unless the director grants a
variance pursuant to section 16-511 or a waiver pursuant to section 16-512 If no
work has begun within one hundred eighty (180) days from the date the director
has given written notice that work may begin, the director may rescind such
advisory
Sec. 16-508. Pre-operation inspection
(a) Every new or extensively remodeled recreational aquatic spray ground shall
be subject to inspection by the director prior to the commencement or resumption
of operations to determine compliance of the approved plans and specifications
with the requirements of this article.
(b) Following completion of the construction or extensive remodeling of a
RASG a licensed professional engineer shall inspect the new or renovated facility
and certify by original signature and engineer's seal that the RASG is installed
and constructed m accordance with the requirements of this article.
(c) No permit shall be issued until the RASG construction has passed the required
inspections.
Sec. 16-509 Right of entry
(a) The director has the authority to enter the premises of a recreational aquatic
spray ground at all reasonable times to make an inspection, to enforce any of the
provisions of this article, to collect water samples, 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 operator or manager of the
premises and demand entry
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(c) If entry is denied or if an owner operator or manager 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 the Texas
Code of Criminal Procedure.
Sec. 16-510 Inspection reports.
(a) If the director observes one or more violations of this article during an
inspection, the director shall prepare a written inspection report specifying the
violation(s) observed and ordering the owner operator or manager to bung the
facility into compliance with this article by a specified time. If the director does
not observe any violations of this article during an inspection, the director may
but is not required to prepare a written inspection report detailing the results of
the inspection.
(b) The director shall furnish a copy of the inspection report to the owner
operator or manager of the RASE
(c) The inspection report shall state
'FAILURE TO COMPLY WITH THE ORDERS OF THIS REPORT
MAY RESULT IN ANY OR ALL OF THE FOLLOWING THE
ISSUANCE OF CRIMINAL CITATIONS THE CLOSURE OF THE
FACILITY THE SUSPENSION OR REVOCATION OF YOUR
RECREATIONAL AQUATIC SPRAY GROUND PERMIT AND THE
EXERCISE OF ALL OTHER REMEDIES ALLOWED BY LAW
(d) A person commits an offense if the person owns, operates, or manages a
recreational aquatic spray ground and fails to comply with an order issued
pursuant to this section.
Sec. 16-511 Variance.
(a) An owner operator or manager of a recreational aquatic spray ground may
request additional time m order to comply with the requirements of this article by
submitting a written request for a variance from one or more specific provisions.
(b) The request for variance must clearly identify the specific provision(s) at
issue and provide an estimated date by which the recreational aquatic spray
ground will be m compliance.
(c) The director may grant a variance only if:
(1) the health and safety of the public will not be prejudiced by the
variance; and
Page 14 of 23
(2) immediate coinphance with the provision(s) would result in
substantial difficulties or hardships for the individual requesting the
variance.
(d) An individual who is granted a variance must meet comply with all of its
terms, including the effective date, the time period for which the variance is
granted, and any other condition specified by the director
Sec. 16-512. Waiver
(a) An owner operator or manager of a recreational aquatic spray ground may
request a waiver from one or more specific provisions if alternate methods exist
for protecting the public health and safety
(b) A request for waiver must clearly identify the specific provision(s) at issue
and must demonstrate that the proposed alternate methods provide adequate
protection of the health and safety of the public.
(c) The director may grant a waiver only if the director determines that the
alternate methods being proposed will adequately protect the health and safety of
the public.
(d) A waiver granted under this section will remain m effect mdefimtely but shall
be revoked if the facility changes owners or operators and may be revoked by the
director The director shall provide the owner operator or manager of the RASG
with written notice that the waiver has been revoked and identifying the reason(s)
for the revocation.
Sec. 16-513. Issuance of permit.
(a) The director may issue an initial recreational aquatic splash ground permit
only if all of the following conditions are met:
(1) a completed application has been filed,
(2) all required fees have been paid m full,
(3) (A) detailed plans and specifications demonstrating compliance with
all requirements of this article have been submitted and reviewed by
the director or
(B) detailed plans and specifications demonstrating compliance with
some requirements of this article have been submitted and reviewed
by the director and the director has granted a written variance or
waiver from compliance with any remaining requirements of this
article;
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(4) (A) a licensed professional engineer has examined the plans and
specifications and certified by original signature and engineer's seal
that the plans and specifications comply with all requirements of this
article or
(B) a licensed professional engineer has examined the plans and
specifications and certified by ongmal signature and engineer's seal
that the plans and specifications comply with some requirements of
this article and the director has granted a written variance or waiver
from compliance with any remammg requirements of this article;
(5) (A) apre-operation inspection by the director has been completed and
the RASG is found to be in compliance with all requirements of this
article or
(B) apre-operation inspection by the director has been completed and
the RASG is found to be m compliance with some requirements of
this article and the director has granted a written variance or waiver
from compliance with any remaining requirements of this article;
(6) (A) a licensed professional engineer has inspected the RASG and
certified by ongmal signature and engineer's seal that the RASG is
installed and constructed m accordance with all requirements of this
article or
(B) a licensed professional engineer has inspected the RASG and
certified by ongmal signature and engineer's seal that the RASG is
installed and constructed m accordance with some requirements of this
article and the director has granted a written variance or waiver from
compliance with any remammg requirements of this article.
(b) A permit granted under this section is valid for a period of one year
Sec. 16-514. Denial of permit.
(a) The director may deny the issuance of a RASG permit if (1) any of the
technical requirements of section 16-503 are not met; (2) all required fees have
not been paid m full (3) a permit application is incomplete or contains one or
more materially false statements, (4) plans and specifications submitted for
review contain one or more false statements or misrepresentations as to a material
fact; or (5) the director determines that specific conditions exist that would pose a
threat to public health or safety
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(b) If a permit is denied, the director shall provide the applicant with written
notification within ten (10) days of the date the application is denied. Such notice
shall set out the grounds for the denial.
(c) The notice of denial must be served on the apphcant by personal delivery or
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 (10) days after receipt of the nonce of denial. The appeal must be m writing,
specify the reasons why the permit should not be denied, and filed with the
director An appeal from a denial of an application shall be conducted in
accordance with section 16-517 of this article.
Sec. 16-515. Suspension or revocation of permit.
After notice and hearing, the director may suspend for up to one hundred eighty
(180) days or may revoke a recreational aquatic spray ground permit if:
(a) An owner operator or manager of the RASG fails to comply with any of the
technical requirements set forth m section 16-503
(c) An owner operator or manager of the RASG fails to comply with an
inspection report order
(d) An owner operator or manager of the RASG disobeys a closure order issued
by the director pursuant to this article.
(e) An owner operator or manager of the RASG 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.
Sec. 16-516. Closure order
(a) The director may order a recreational aquatic spray ground spa closed if the
director determines that:
(1) the RASG is being operated without a valid RASG permit; or
(2) the continued operation of the RASG will constitute an imminent
hazard to the health or safety of persons using the facility or those in close
proximity to the facility
(b) After the director closes a recreational aquatic spray ground, the owner
operator or manager of the RASG shall immediately
Page 17 of 23
(1) properly post and maintain signs at all entrances to the RASG that
state `CLOSED UNTIL FURTHER NOTICE and
(2) lock all doorways and gates that form a part of the RASG enclosure.
(c) Signs required by subsection (b) shall be a minimum size of eight and one
half (8 1/2) inches by eleven (11) inches. The lettenng shall be of a contrasting
color to the background. Signs shall be positioned so that they are readily visible
to a reasonably observant person.
(d) If the owner operator or manager of the RASG is absent or fails or refuses to
comply with subsections (b) and (c), the director may post signs and secure the
premises m accordance with this section.
(e) A person commits an offense if the person is an owner operator or manager
of a RASG subject to a closure order and fails to comply with subsection (b) or
(c) of this section.
(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
(g) A person commits an offense if the person uses a recreational aquatic spray
ground that has been closed by the director and that is properly posted as required
by this section.
(h) A person commits an offense if the person is an owner operator or manager
of a RASG subject to a closure order and knowingly allows persons to use the
recreational aquatic spray ground.
(i) A RASG closed by the director shall not resume operation until a re-
mspection by the director determines that the facility has been brought into
compliance with this article.
~) A permit holder may appeal a closure order to the .director within three (3)
days after the issuance of the order The appeal must (i) be m wasting, (ii) set
forth the reasons why the closure order should be rescinded, and (ui) be filed with
the director The filing of an appeal does not stay the closure order
Sec. 16-517 Hearings procedures.
(a) General provisions.
(1) When notice is required to be given to a person under this section, rt
shall be m writing and served either by personal delivery or by certified
mail, return receipt requested, to the person s last known mailing address.
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(2) Notice shall specify the date, time and place of the hearing.
(3) Notice shall be deemed received five (5) days after it is placed m 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
heanng.
(5) Whenever any deadline specified m this section falls on a Saturday
Sunday or city recognized holiday the deadline shall be extended to 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 rt is signed.
(7) The administrative remedies set forth m this section shall be m
addition to any criminal penalties or other remedies provided m 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) On determining that cause exists to suspend or revoke a recreational
aquatic spray ground permit, the director may schedule a hearing.
(2) On receipt of an appeal from a person whose recreational aquatic
spray ground permit was denied or whose RASG was ordered closed, the
director shall schedule a hearing for a time no later than ten (10) business
days following date the request for appeal is received.
(3) The director shall send notice of the heanng to the person and shall act
as the hearing officer
(4) After the conclusion of the heanng, the director shall make written
findings of fact and conclusions of law and shall issue a written decision
without undue delay
(5) This heanng shall be deemed to exhaust the administrative remedies
of the person aggrieved.
Sec. 16-518. Nuisance.
(a) A recreational aquatic spray ground is hereby declared to be a nuisance if•
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(1) the technical standards mandated by section 16-503 are not met;
(2) water at the RASG is not mamtamed so as to prevent the breeding or
harborage of insects,
(3) water at the RASG emits an odor that is foul and offensive to a person
of reasonable sensibilities,
(4) the RASG is not maintained so as to prevent the breeding or harborage
of vermin, or
(5) the RASG is not mamtamed in compliance with this article.
(b) The director may give notice to immediately abate, remove, or otherwise
remedy a nuisance under this section to the owner of the property on which the
nuisance is located.
(c) The nonce must be m wntmg and served.
(1) by personal delivery to the owner operator or manager
(2) by certified mail, return receipt requested, to the last known mailing
address for the owner operator or manager or
(3) if neither personal nor certified mail service is possible:
a. by publication m the official newspaper of the city at least twice
within ten (10) consecutive days, or
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 dnven into
the ground on the property to which the violation relates, if the
property contains no buildings.
(d) If the recreational aquatic spray ground 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 (10) days of
service, the director may enter the property containing the nuisance and do any
work necessary to abate the nuisance.
Page 20'of 23
(f) If the immediate abatement of the nuisance is deemed necessary by the
director to protect the 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
ten (10) percent 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.
(j) The remedy provided by this section is m addition to all other remedies
available under this article or elsewhere.
Sec. 16-519 Penalties and enforcement.
(a) An offense as defined under this article is a Class C misdemeanor punishable
by a fine not to exceed two thousand dollars ($2,000 00). 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 one is not needed, and the offense shall be one of strict liability
(c) The director may establish enforcement procedures that are consistent with
the regulations adopted herein m order to ensure compliance with this article.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
Page 21 of 23
of this ordinance are m 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 4
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases 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 m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 6.
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 ordmances amended herein, which 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 m court or
Page 22 of 23
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days m the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013
Texas Local Government Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS FO ND LEGALITY
Assistant
ADOPTED• March 31, 2009
EFFECTIVE
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City of Fort Worth, Texas
Mayor and Council Communication
. _ ~~ r~
COUNCIL ACTION: Approved on 3/3172009 -Ord. No. 18521-03-2009
DATE Tuesday March 31 2009 REFERENCE NO *G-16510
LOG NAME 23SPLASHPAD
SUBJECT
Adopt Ordinance Amending Chapter 16 'Health and Sanitation to Add Article XIX Regarding 'Recreational
Aquatic Spray Grounds"
RECOMMENDATION
It is recommended that the City Council approve an ordinance amending Chapter 16 'Health and
Sanitation to add Article XIX 'Recreational Aquatic Spray Grounds for the purpose of protecting the
public's health and safety by regulating design construction and operation of re-circulating non-pooling
recreational aquatic play surfaces.
DISCUSSION
Currently state laws and City ordinances address in great detail the regulation of swimming pools and
spas City ordinance currently refers to an 'interactive spray ground or attraction" that is defined as a
swimming pool into which water is sprayed but not allowed to pool at the bottom The ordinance further
requires that spray water from any interactive spray ground that is accessible to the public be released
into the sanitary sewer and not be re-circulated While this approach addresses the public health and
disease control concerns associated with these facilities it is not consistent with the City's water
conservation efforts.
Recreational aquatic spray grounds have become increasingly popular aquatic attractions across the
country New technologies have also developed to allow for protection of the public's health and safety
while allowing conservation of water through re-circulation and reuse Therefore it is recommended that
the City ordinance be amended to remove `interactive spray ground or attraction from Article XVIII of
Chapter 16 and to add a new Article XIX to Chapter 16 which defines 'recreational aquatic spray
grounds and incorporates regulatory requirements that will allow for safe recirculation and reuse of the
water utilized for recreational purposes
As a brief overview of the proposed regulatory requirements these facilities must:
1 Be permitted by the City
2 Be supplied by water meeting the standards for public drinking water
3 Meet pH levels required of a pool or spa
4 Meet filtration chemical disinfection and ultraviolet light sanitation requirements
5 Perform periodic testing of water to ensure water quality standards are being met; and
Logname: 23SPLASHPAD Page 1 of 2
6 Meet fencing.and signage requirements
These regulatory requirements are consistent with the Centers for Disease Control and Prevention (CDC)
recommendations and intended to safeguard the public from the potential for disease outbreaks that might
otherwise be associated with facilities of this type Re-circulation water that is sprayed on people
(particularly small children in diapers) and then drained across hard outdoor surfaces (that can also be
contaminated in a number of ways) and then re-circulated again to be sprayed and potentially ingested by
facility patrons poses a public health threat that can be mitigated with appropriate safeguards The
purpose of this amended ordinance is to ensure appropriate safeguards are in place at these facilities
The Code Compliance and Law Departments drafted this ordinance amendment proposal following
consultation with the Parks and Community Services Department.
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~ Charles Daniels (6199)
Originating Department Head. Brandon Bennett (6345)
Additional Information Contact: Scott Hanlan (7204)
Logname 23SPLASHPAD Page 2 of 2