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HomeMy WebLinkAboutOrdinance 12156ORDINANCE NO. __L._. AN ORDINANCE AMENDING CHAPTER 16, "HEALTH AND SANITATION ", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, THROUGH THE AMENDMENT OF ARTICLE XIV THEREOF, BY THE AMENDMENT OF SECTION 16 -346, ENTITLED "DEFINITIONS ", RELATIVE TO DEFINING THOSE PREMISES SUBJECT TO REGULATION; BY THE AMENDMENT OF SECTION 16- 354, ENTITLED "OCCUPATIONS, VOCATIONS OR BUSINESSES REQUIRING PERMITS ", SUBSECTION (a), RELATIVE TO THE REQUIREMENT OF A PERMIT TO OPERATE CERTAIN BUSINESSES; BY THE AMENDMENT OF SECTION 16 -355, ENTITLED "FEE SCHEDULE ", SUBSECTION ( a) , RELATIVE TO PERMIT FEES; BY THIS AMENDMENT OF SECTION 16 -356, ENTITLED "SUBMISSION OF PLANS ", RELATIVE TO PLANS APPROVAL FOR CERTAIN ESTABLISHMENTS; BY THE AMENDMENT OF SECTION 16 -357, ENTITLED "PLAN REVIEW FEE ", RELATIVE TO FEES CHARGED FOR PLANS REVIEW; BY THE AMENDMENT OF SECTION 16 -358, ENTITLED "PRE - OPERATION INSPECTION ", RELATIVE TO INSPECTIONS REQUIREMENTS; THROUGH THE ADDITION OF ARTICLE XVIII, "PUBLIC SWIMMING POOLS," PROVIDING FOR DEFINITIONS, A PURPOSE, FEES, SWIMMING POOL PERMIT, ISSUANCE OF PERMIT, PERMIT CONDITIONS, PLANS REVIEW, CERTIFIED POOL OPERATORS, MAINTENANCE OF POOL RECORDS, GROUNDS FOR PERMIT DENIAL, GROUNDS FOR PERMIT SUSPENSION OR REVOCATION, RIGHT OF ENTRY, INSPECTION REPORTS, CLOSURE ORDER, HEARINGS PROCEDURES, NUISANCE, AND PENALTIES AND ENFORCEMENT; PROVIDING THIS ORDINANCE BE CUMULATIVE, PROVIDING FOR SEVERABILITY; PROVIDING FOR A FINE OF UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS OF ALL RIGHTS AND REMEDIES; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended through the amendment of Article XIV thereof, by the amendment of Section 16 -346, entitled "Definitions ", by the deletion of the following terms and corresponding definitions: "Public spa ", "Public Swimming pool ", and "Public water slide ". Further, Article XIV of Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended through the amendment of Section 16 -354, entitled "Occupations, vocations or businesses requiring permits enumerated ", Subsection (a) , so that hereafter said subsection shall be and read as follows: (a) A permit shall be required and a fee shall be charged for every food establishment, temporary food service establishment, private school, motel- hotel- tourist court, frozen dessert location, and mobile home park. A separate permit shall be required for each such occupation, vocation or business, whether situated in the same building or at a separate location, and the amount of the fee shall be computed separately for each permit. Lounge operations located in the same building on the same floor operating under the same liquor license will not require a separate permit." Further, Article XIV of Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended through the amendment of Section 16 -355, entitled "Fee Schedule ", Subsection (a) by the deletion of Subparagraph (9), "Public swimming pools, public spas, public water slides ", and by the renumbering of the remaining subparagraph. Further, Article XIV of Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended through the amendment of Section 16 -356, entitled "Submission of Plans ", so that hereafter said section shall be and read as follows: "Section 16 -356. Submission of plans. Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to be used as a food service establishment, properly prepared plans and specifications -2- for such construction, remodeling or conversion shall be submitted to the director of public health for review and approval before construction, remodeling or conversion is begun, The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The Director of Health or the Director's duly authorized representative shall approve the plans and specifications if they meet the requirements of the health- related ordinances of the City and the regulations of the State Department of Health. A fee may be charged for this service as provided for in Section 16 -357." Further, Article XIV of Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended through the amendment of Section 16 -357, entitled "Plan review fee" by the deletion of Subsection (2) and by the renumbering of the remaining three (3) subsections. Further, Article XIV of Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986) , as amended, is hereby further amended through the amendment of Section 16 -358, entitled "Pre - operation inspection ", so that hereafter said section shall be and read as follows: "Section 16 -358. Pre - operation inspection. Whenever plans and specifications are required to be submitted to the director of public health by Section 16 -356 of this article, the Director of Health or the Director's duly authorized representative shall inspect the food service establishment 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 State Department of Health." Further, Chapter 16, "Health and Sanitation ", of the Code of the City of Fort Worth, Texas (1986) , as amended, is hereby further amended by the addition of Article XVIII, entitled "Swimming Pools" -3- and that Sections 16 -456 through 16 -472 are hereby codified and shall read and be as follows: "ARTICLE XVIII PUBLIC SWIMMING POOLS Section 16 -456. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Deck means the surface surrounding a swimming pool that is intended to be used for walking by those using the pool. Director means the Director of the Department of Public Health for the City, or the Director's authorized representative. Extensive remodeling means the replacement of or modification to a swimming pool's 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. Free residual chlorine means the amount of measurable hypochlorous acid (HOCI), in either the molecular or ionized state, which remains available to inactivate microorganisms and which has not reacted with ammonia, nitrogenous material and other material in swimming pool water. May means an act or omission is permissive. 0 means the negative logarithm of the hydrogen -ion concentration of a water solution; a measure of the acidity of alkalinity of a solution expressed in standard units. Pool area means the water surface and deck of a swimming pool. -4- Private swimming pool means a swimming pool located on the premises of a single - family or duplex residence, under the control of the owner or tenant, the use of which is limited to members of the household and invited guests. Public swimming pool means any swimming pool other than a private swimming 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. Shall means an act or omission is mandatory. Should means an act or omission is recommended but not mandatory. Swimming pool means any structure, basin, chamber, or tank designed to contain an artificial body of water for swimming or diving, or therapeutic or recreational bathing. A swimming pool includes, without limitation but by way of illustration, the following types of facilities: (a) Hydrotherapy pool or whirlpool: a swimming pool that is a special bathing facility designed for therapeutic use and which is not drained after each individual use. It may include, without limitation, units designed for hydrojet circu- lation. (b) Spa: a swimming pool that is a special bathing facility designed for recreational use and which is not drained after each individual use. (c) Spray pool: a swimming pool into which water is sprayed but is not allowed to pond at the bottom. (d) Wading pool: a swimming pool with a maximum depth of not more than thirty (30) inches. (e) Water recreation attraction: a swimming pool facility with design and operational features which differ from a conventional swimming pool and shall include, without limitation, water slides, water amusement lagoons and rivers, and wave pools. Section 16 -457. Purpose. The purpose of this Article is the establishment of minimum standards for the construction, operation and -5- maintenance of public swimming pools and their related facilities in order to protect the health and safety of the public. Section 16 -458. Fees. (a) The Director shall charge fees for public swimming pools in the following categories; (1) permits; (2) plans review; and (3) change of ownership, pre - operations inspec- tions. (b) The fees shall be set forth in a schedule adopted by the City Council. (c) The fee schedule shall be available to the public at the Department of Health, Consumer Health Services Division. Section 16 -459. 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. Section 16 -460. 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 a permit, the applicant shall allow the Director to inspect the public swimming pool and pool water for compliance with the requirements of this Article. (1) The Director will inspect any newly constructed pool, any extensively remodeled pool and any pool under new ownership prior to the issuance of a permit. (2) The Director may inspect all other pools, at the Director's discretion, prior to the issuance of a permit. -6- (c) The Director may require the applicant to provide evidence to the Director's satisfaction that the public swimming pool meets the permit conditions of Section 16 -461. (d) The Director may not issue a permit until the public swimming pool passes any required inspection and all applicable fees have been paid. (e) A permit is valid only for the public swimming pool for which it is issued. A separate permit shall be required for each pool located on the same premises. However, a group of pools sharing a common filtration system may be operated under a single permit. A permit is not transferable to other persons or pools. (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 changes ownership; or (3) The pool is remodeled extensively. Section 16 -461. Permit Conditions. As a condition of obtaining and keeping a permit, a public swimming pool shall at all times be in compliance with the following permit conditions: (a) The public swimming pool shall meet or exceed Texas Health and Safety Code, S 341.064, "Swimming Pools and Bathhouses ", as currently enacted or as it may hereafter be amended. (b) The public swimming pool shall meet or exceed all applicable provisions of 25 T.A.C. S 337.71, et seq., "Design Standards for Public Swimming Pool Construction ", as currently enacted, or as they may hereafter be amended. (c) Fencing or other enclosures for the public swimming pool shall meet or exceed the requirements of Chapter 7, "Buildings ", of the Code of the City of Fort Worth, Texas (1986), as amended, and V.T.C.A., Health and Safety Code, Chapter 757, "Pool Yard Enclosures ", as currently enacted or as it may hereafter be amended. -7- (d) All plumbing, electrical work, mechanical facilities, and structures for the public swimming pool 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 (1986), as amended. (e) Storage of pool 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 (1986), as amended. (f) Pool water shall be maintained so as to prevent the breeding or harborage of insects. (g) Pool water shall be a black disk, four field, when placed o deepest point, to be of the pool at a11 measured from a line said disk. of sufficient clarity to allow inches in diameter on a white n the bottom of the pool at the clearly visible from the sides distances up to ten yards, drawn across the pool through (h) Pool 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 filter backwash is filtered and recycled in a manner approved by the Director of the Department of Water. (j) A permit holder or applicant shall give the Director access at all reasonable times to inspect the public swimming pool and to take water samples to determine compliance with this Article. (k) A public swimming pool permit shall be prominently displayed on the pool premises and be available at all times for inspection by the Director. (1) A certified pool operator shall be readily available to monitor and maintain the public swim- ming pool during all hours of operation. (m) Drainage from swimming pools shall be discharged to the sanitary sewer system only with the prior consent of the Director of the Department of Water or that Director's authorized representative. -8- Section 16 -462. Plans Review - New and Remodeled Pools. (a) Prior to beginning the construction of a new public swimming pool or the extensive remodeling of an existing public swimming pool, 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, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities. (c) The plans and specifications shall be submitted under the seal of a professional engineer with the statement that they meet the requirements of Sections 16- 461(b), (c), (d) (e), and (i). (d) No work shall begin until the Director has reviewed the plans and advised the owner that work may begin, and the owner or the owner's contractor has obtained all required permits for such work from the Building Official. 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 advises that work may begin, the Director may rescind such advisory. Section 16 -463. Certified Pool Operators. (a) The owner or person in control of a public swimming pool shall designate one or more certified pool operators for the pool. A certified pool operator shall be readily available during all hours of operation to monitor the public swimming pool and maintain it in a safe and sanitary manner. (b) In order to be considered certified, a pool operator shall successfully complete a course in swimming pool maintenance and safety approved by the Director. A certification is valid for three years from the date the course is completed. (c) A certified pool operator may renew an expired or expiring certification by passing a challenge exam approved by the Director. Certifications which have been expired for more than thirty (30) days may not be renewed under this subsection. -9- Certifications renewed under this subsection are valid for three years from the date of the exam. (d) A person commits an offense if the person owns or is in control of a public swimming pool which does not have a certified pool operator readily available during all hours of pool operation. (e) A person who owns or is in control of a public swimming pool shall maintain proof on the premises that the pool has a designated certified pool operator and shall present such proof to the Director upon demand. (f) In a prosecution for a violation of Subsection (d), failure to present proof of a designated certified pool operator to the Director shall constitute prima facie evidence that a certified pool operator is not readily available during all hours of operation. (g) If a certified pool operator is not employed on- site at the public swimming pool, the owner or person in control of the pool shall ,post signs at all entrances to the pool stating the telephone number or pager number of the certified pool operator. The letters in such signs shall be of a minimum height of one inch (1 "), and shall be of a color contrasting to their background. (1) At a minimum, such signs shall state: "TO REPORT MECHANICAL, SAFETY OR WATER QUALITY PROBLEMS WITH THE POOL, CALL DURING POOL HOURS. "FOR FIRE, POLICE, OR AMBULANCE IN AN EMERGENCY, DIAL 911." (2) Such signs shall be of weather- resistant construction, and shall be posted where they are readily visible to a reasonably observant person. (h) A person commits an offence if the person owns or is in control of a public swimming pool with no certified pool operator employed on -site and with criminal negligence fails to post or maintain signs required by subsection (g). (i) A swimming pool permit application shall name the designated certified pool operator for the public -10- swimming pool for which a permit is sought. If the designated certified pool operator changes during the term of the permit, the owner or person in control of the pool shall immediately report such change to the Director. (j) A person commits an offense if the person owns or is in control of a public swimming pool and knowingly fails to report a change of certified pool operator as required by subsection (i). (k) A person who is a designated certified pool operator of a public swimming pool commits an offense if the person fails to test the pH level and the chlorine or disinfectant level in the pool a minimum of once per day. (1) The Director shall charge a fee set by the City Council for any courses or tests the Director administers pursuant to this section. Section 16 -464. Maintenance of Pool Records. (a) A designated certified pool operator shall maintain records of all pH level and chlorine or disinfectant level tests performed on a public swimming pool during the permit term. (b) The records shall state the results of such tests, the time and date the tests were made, and the level of pool usage at the time. (c) Such records shall be maintained on -site at the public swimming pool for no less than two years, and shall be made available to the Director immediately upon the Director's request. (d) A person commits an offense if the person owns, is in control of, or is a certified pool operator of a public swimming pool and with criminal negligence fails to maintain records as required by this section. (e) A person commits an offense if the person owns, is in control of, or is a certified pool operator of a public swimming pool and fails to make records required by this section available to the Director immediately upon the Director's request. -11- Section 16 -465. Grounds for Permit Denial. (a) The Director may deny the issuance of a swimming pool permit: (1) if the applicant has been convicted of one or more violations of this Article or Texas Health and Safety Code, S 341.064, within the twelve (12) months preceding the date of the application; (2) if any of the permit conditions of Section 16 -461 are not met; (3) if a swimming pool permit held by the applicant for the same premises is under suspension at the time of the application or was revoked within the twelve (12) months preceding the date of the application; or (4) if the applicant makes a materially false statement on the application or there is any false statement or misrepresentation as to a material fact in any plans and specifications submitted pursuant to this Article. (b) An applicant whose permit is denied will be notified by the Director, in writing, within ten (10) 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 (10) 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. Section 16 -466. 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 permit if: -12- (a) I the permit holder or person in control of the public swimming pool is convicted of a violation of this Article or Texas Health and Safety Code, 5341.064 during the term of the permit; (b) the permit holder or person in control of the pool fails to comply with any of the permit conditions set forth in Section 16 -461; (c) the permit holder or person in control of the pool fails to comply with an inspection report order; (d) the permit holder or person in control of the pool 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. Section 16 -467. Right of Entry. (a) The Director may enter the premises of public swimming pools 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, or whenever the Director has probable cause to believe that a violation of this Article exists on such premises. (b) The Director shall first credentials and demand entry occupied. If the premises Director shall first make a j locate the owner or person premises and demand entry. present appropriate if the premises are are unoccupied, the - easonable attempt to in control of the (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 Article 18.05 of the Texas Code of Criminal Procedure. Section 16 -468. Inspection Reports. (a) After inspecting a public swimming pool pursuant to this Article, the Director may prepare a written -13- 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 POOL FACILITY, THE SUSPENSION OR REVOCATION OF YOUR SWIMMING POOL 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 and fails to comply with an order issued pursuant to this section. Section 16 -469. Closure Order. (a) The Director may order a public swimming pool closed if the Director determines: (1) that it is being operated without a valid public swimming pool permit; (2) that it is being operated without a certified pool operator readily available during all hours of pool operation; or (3) that the continued operation of the pool 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 public swimming pool, the owner or person in control of the pool shall immediately: (1) properly post and maintain signs at all entrances to the public swimming pool that state: "CLOSED UNTIL FURTHER NOTICE "; and (2) lock all doorways and gates that form a part of the public swimming pool enclosure. -14- (c) Signs required by subsection (b) shall be a minimum size of 8 -1/2 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. (d) If the owner or person in control of the public swimming pool is absent, or fails or refuses to comply with subsections (b) and (c), the Director may post signs and secure the premises in accordance with this section. (e) A person commits an offense if the person owns or is in control of a public swimming pool subject to a closure order and fails to comply with subsections (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 for swimming, diving or bathing a public swimming pool that has been closed by the Director and which is properly posted as required by this section. (h) A person commits an offense if the person owns or is in control of a public swimming pool subject to a closure order and knowingly allows persons to use the pool for swimming, diving or bathing. (i) A public swimming pool 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. (j) 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. Section 16 -470. Hearings Procedures. (a) General provisions. (1) When notice is required to be given to a person under this section, it shall be in -15- 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 (5) 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. (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 permit, the Director may schedule a hearing. (2) Upon receipt of an appeal by a person whose public swimming pool permit was denied or whose pool was ordered closed, the Director shall schedule a hearing for a time no later than ten (10 ) days following receipt of the request. (3) The Director shall send notice of the hearing to the person and shall act as the hearings officer. -16- (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. Section 16 -471. Nuisance. (a) A public swimming pool is hereby declared to be a nuisance if: (1) the pool water is not of sufficient clarity to allow a black disk, four inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the sides of the pool at all distances up to ten (10) yards, measured from a line drawn across the pool through said disk; (2) water at the public swimming pool is not maintained so as to prevent the breeding or harborage of insects; or (3) water at the public swimming pool emits an odor that is foul and offensive to a person of reasonable sensibilities. (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 (10) consecutive days; -17- 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 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. (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 ten (10) percent 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. -18- (j) The remedy provided by this section is in addition to all other remedies available under this Article or elsewhere. Section 16 -472. Penalties and Enforcement. (a) An offense as defined under this Article is a misdemeanor punishable by a fine not to exceed $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 lia- bility. (c) The Director may establish enforcement procedures to ensure compliance with this Article which are consistent with the regulations adopted herein. Sections 16 -473 through 16 -485 reserved. SECTION 2. 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 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 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 -19- 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. 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 is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 16, Article XVIII, or any other ordinances affecting public swimming pools 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 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. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general -20- s distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in 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 be in full force and effect on January 1, 1996, after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: wit Atts� heV / ate: �� �d ADOPTED: " /-'a —V1-j EFFECTIVE: -21- - _- City of Fort i�ortl�_ Texas _ - -- Mayor and Council Communication DATE 09/12/95 REFERENCE NUMBER G -112? LOG NAME 50PBSWIM PAGE 1 of 4 SUBJECT I PROPOSED PUBLIC SWIMMING POOL ORDINANCE RECOMMENDATIONS It is recommended that the City Council 1 Amend Chapter 16, "Health and Sanitation Code of the City of Fort Worth" by adding Article XVIII, designation "Public Swimming Pools ", 2 Amend Section 16 -346, Article XIV of Chapter 16, "Definitions ", by deleting the terms and corresponding definitions "Public Spa ", "Public Swimming Pool ", and "Public Water Slide ", 3 Amend Section 16 -354, Article XIV of Chapter 16, "Occupations, Vocations, or Businesses Requiring Permits Enumerated ", Subsection (a), by deleting references to "Public Spa ", "Public Swimming Pool ", and "Public Water Slide ", 4 Amend Section 16 -355, Article XIV of Chapter 16, "Fee Schedule ", Subsection (a) (10), by deleting Subparagraph (10) which establishes a permit fee for "Public Spa ", "Public Swimming Pool ", and "Public Water Slide ", - -- -=5:-- _Amend - Section -_16 =_356; - Article_- XIV_ of- Chapter�A 6 ,-- "Submission - of-Plans " -_by ----deleting refer -ences to ".P_ublic_Spa.'_, '_P-ublic- Swimming_ P _ool ", - _and._ "P_ublic_Water____ Slide "� _---- - - - - -- 6 Amend Section 16 -357, Article XIV of Chapter 16, "Plan Review Fee ", by deleting - - -_ -- Subsection --(2) - which---establishes a plan - review-fee --for "Public-- Spa " -- "Public - - Swimming Pool ", and "Public Water Slide ", - - 7 Amend Section 16 -368, Article XIV of Chapter 16, "Pre- Operation Inspection ", -by deleting references to "Public Spa ", "Public Swimming Pool ", and "Public Water Slide ", 8 Authorize a $35 00 fee for "Pool Operator's Course" and the creation of Public -_4 - _= _Health_Department Account No 464204,_ entitled-7-Pool _Operator's_Course "- to - =_ - - - - -- _depos it- revenues_for pool _operators training _and certification, and.___ -- `___ -= 9 _Authorize a_$_65 00 fee_for "Change of Ownership ". -_to be included in the City's fee _T— schedule _ City of Fort Worth, Texas - ---Mayor and Council Communication DATE REFERENCE NUMBER G12 NAME PAGE 09!12/95 G -11224 50PBSWIM 2 of 4 SUBJECT PROPOSED PUBLIC SWIMMING POOL ORDINANCE DISCUSSION This article addresses the need to 1) supplement State standards governing public swimming pools and their related facilities, 2) update City Code by deleting references to public swimming pools, spas and water recreational facilities, and 3) comply with City Auditor Report 92 -8 recommendation to establish a separate ordinance for swimming pools and spas In preparing the proposed Public Swimming Pool Ordinance, the staff held a town meeting with pool owners and operators Consideration was given to their comments in the final draft of the ordinance The standards proposed in the ordinance protect the health, safety and welfare of patrons at public swimming pools and their related facilities By approving the attached ordinance, the standards for operation of public swimming pools arfd their related facilities, which have been addressed by the Consumer Health staff for the past 15 years, will be formally recognized and enumerated Major aspects of this proposed ordinance require owners of public swimming pools and their related facilities to comply with regulations in the following areas - - - - -1 - -- Health - Department Certificates -of - Inspection —_ -� -_- =2 _General Health -and--Safety-Standards---- 3 Design Standards for Public Pool Construction __ - - - - - -- 4 General Facility Design Standards 5 Applicable Building Code Permits 6 Fencing and - Enclosure- Standards — - -� - 7 Pool Water Standards - - - - 8 _.Plumbing _Facilities_to Accommodate Backwash Discharges - - 9 Pool Operator Certificate Currently, operators of public swimming pools and their related facilities are issued permits = -- - -- - annually by the Health Department - Inspections are based on minimum State Standards— _____. _ since the City of Fort Worth does not have a public swimming pool ordinance Sanitarians - have limited authority or regulatory guidance upon which to conduct inspections - This___ - ordinance -will - enhance -the ability -of operators -to- comply by- listing the standards they —_- must meet _No additional personnel will be added -with the adoption - of the swimming pool -- -- - -- ordinance —_ -- - i City of Fort Worth, Texas _ - Mayor and Council Communication - DATE REFERENCE NUMBER LOG NAME PAGE 09/12/95 G -11224 50PBSWIM 3 of 4 SUBJECT I PROPOSED PUBLIC SWIMMING POOL ORDINANCE The proposed ordinance introduces provisions and fees for certified pool operator training and for inspection of any pool under new ownership prior to issuing a permit Operators of public swimming pools and their related facilities must have sufficient water quality and safety knowledge to operate their facilities in a. safe manner To meet this basic public health need, the operators will be required to attend a 6 -hour class every three years to maintain their certification as a pool operator The course will include instruction on daily pool maintenance, water quality and pool safety Operators may attend the course at the Health Center or may provide proof of attendance at equivalent training approved by the Director Registration for the course at the Health Center will be $35 00 per person We anticipate Pool Operator Course revenues to be $5,250 00 annually This revenue estimate is based on the expectation that 150 students will attend the classes at $35 00 per person When pool ownership changes, a field staff member inspects the pool for compliance with minimum requirements, advises the operator of all pool deficiencies, completes a permit application, issues a permit notice to the new owner, determines the permit fee and performs necessary follow -up site visits Support staff members create a new owner's file, issue permits and receipts, enter new ownership information into the database, and --- collect__the_ -fees - From_July_1-, =1994- through -- June -30, 1- 995, -there--were--46---pool -- _ownershipchanges- Annual fees.= for_these_ services would -total $2;99000----------- — The ordinance is proposed to-be effective January- -111996- -- — -- City of Fort Worth Pool Fee Schedule - Current Fees - -- - - - -- - - -- - - - -- - -- Annual Fee for Existing Public Pools = _ - - -- - - -- $135 00 - -- - —plus fee for each employee ---5 00 Plan Review Fee for New /Extensively Remodeled Pools $ 6500 Proposed New Fees - -- _ Change_-of Ownershi p - -- - - - -- - - 500 -- - - - - -- - - - -- - - - -- --- - - - - -- - ------ $ -6 - - - - - -_ - Pool - Operator's Course - Fee - -- —_- __ _ -- -- - - = - -- - — $ -35 00 - City of Fort Worth, Texas ftol Mayor -and Council -Communication DATE 09/12/95 1 REFERENCE NUMBER G41224 LOG NAME 50PBSWIM I PAGE 4 of 4 SUBJECT I PROPOSED PUBLIC SWIMMING POOL ORDINANCE FISCAL INFORMATION/CERTIFICATION The Health Department is responsible for collection of funds due the City under these changes to the "Health and Sanitation Code of the City of Fort Worth" LW a --Submitted for City Manager's Office bT___ ------- ---FUND —1 -ACCOUNT-1 -I AMUUNT CITY SECRETARY (to) -------APPROVED------- ---C. Y-COUNCIL—- ieoft&A City Sqcretgry of tho City of Fort Worthjexas LibbyWatson 6140 -Originating Department Head: Dr Nick Curry 7201 (from) --For Additional Information Contact: Dr Nick Curry 7201 Adopted Ordinance No.