Sec. 15-186. - Adoption of the Texas Department of Health Standards for Swimming Pools and Spas.

The 1999 version of the Texas Department of Health Standards for Swimming Pools and Spas, Texas Administrative Code, Title 25-Health Services, Part I-Texas Department of Health, Chapter 265-General Sanitation, Subchapter K-Standards for Public Pools and Spas, including any revisions or amendments that may be made at the state level, is hereby adopted by the City of San Antonio, Texas for the purpose of prescribing regulations governing public and semipublic swimming pools. Not less than three (3) copies have been and are now filed in the office of the city clerk of the City of San Antonio and the same are hereby adopted and incorporated as fully as if set out at length herein, and from this date on which the ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of San Antonio, Texas.

The design and structural standards for swimming pools or spas that apply to new swimming pools or new spas constructed on or after October 1, 1999 are contained in these rules. The design and structural standards for swimming pool or spa design and construction that apply to swimming pools and spas existing prior to October 1, 1999 are those standards that were in existence at the time the swimming pool or spa was constructed, including then applicable local, state and federal laws except as otherwise stated in these rules. Except for those design and structural items specifically stated in these rules which existing swimming pools shall adhere to on or after October 1, 1999, owners and operators of existing swimming pools and spas may follow the rules in these sections instead of the rules in existence at the time the swimming pool or spa was constructed. Owners and operators of existing swimming pools or spas may follow the rules in this section after adoption by the Board of Health when rules became effective in June, 1999, prior to October 1, 1999.

The 1999 version of Vernon's Texas Statutes and Codes Annotated, Health and Safety Code, Title 9 Safety, Subtitle A. Public Safety, Chapter 757 Pool Yard Enclosures, including any revisions or amendments that may be made at the state level, is hereby adopted by the City of San Antonio, Texas for the purpose of prescribing regulations governing pool yard enclosures. Not less than three (3) copies have been and are now filed in the office of the city clerk of the City of San Antonio and the same are hereby adopted and incorporated as fully as if set out at length herein, and from this date on which the ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of San Antonio, Texas.

(Ord. No. 94266, § 1, 8-2-01)

Sec. 15-187. - Responsible for knowledge of all rules.

All owners and operators of public and semipublic swimming pools are responsible for knowledge of all rules as set forth in the 1999 version of the Texas Department of Health Standards for Swimming Pools and Spas, Texas Administrative Code, Title 25-Health Services, Part I-Texas Department of Health Chapter 265-General Sanitation, Subchapter K-Standards for Public Pools and Spas, and all owners and operators of public and semipublic swimming pools are responsible for knowledge of all rules as set forth in the 1999 version of Vernon's Texas Statutes and Codes Annotated, Health and Safety Code, Title 9 Safety, Subtitle A. Public Safety, Chapter 757 Pool Yard Enclosures.

All owners and operators of public and semipublic swimming pools are additionally responsible for knowledge of all guidelines pertaining to the maintenance of public or semipublic swimming pools.

(Ord. No. 94266, § 2, 8-2-01)

Sec. 15-188. - Compliance with ADA.

All owners and operators of public or semipublic swimming pools are responsible for being in compliance with all relevant and applicable requirements of Title II State and Local Governments and Title III Public Accommodations of the Americans with Disabilities Act (ADA).

(Ord. No. 94266, § 2, 8-2-01)

Sec. 15-189. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Health director shall mean the director of the metropolitan health district or his authorized designee.

Health officer shall mean any employee of the San Antonio Metropolitan Health District or any individual designated by the health director to enforce the provisions of this article.

Operation of a swimming pool shall refer to when the swimming pool is open to swimmers for use.

Operator shall mean any individual who is in charge of the day to day operation or maintenance of a swimming pool or spa, including but not limited to a business manager, complex manager, property owner, association manager, or rental agent.

Owner shall mean the person, firm or corporation who is the fee title holder of the property upon which the swimming pool or spa is located or his agent.

Public swimming pool shall mean any swimming pool, spa or sauna which is open to the general public.

Revocation shall mean that a swimming pool license is repealed and that operation under that license shall permanently cease.

Semipublic swimming pool shall mean:

(1)

Any privately owned swimming pool or spa which is open to the general public for a fee; or

(2)

Any swimming or wading pool, spa or sauna, serving a private club, motel, hotel, apartment building, school, child care facility, recreational or physical fitness facility, institution, home owner's association, or other similar activity or structure, the use of which is limited to members, residents, students, or clients and their guests.

Suspension shall mean to cease operation of a swimming pool on a temporary basis as directed by the health officer.

Swimming pool shall mean any structure either indoors or outdoors, used or suitable to be used for bathing, swimming purposes or as a spa or sauna, together with buildings, equipment and appurtenances used in connection therewith.

Working days shall mean every day of the week except all Saturdays, Sundays and those scheduled holidays officially adopted and approved by the San Antonio City Council for City of San Antonio employees.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-190. - License required for public and semipublic pools.

(a)

It shall be unlawful for an owner or operator to operate a public or semipublic swimming pool without a license therefor. The licensee or his agent shall permit entrance to the premises to make inspections at reasonable times.

(b)

It shall be unlawful for an owner or operator to operate a public or semipublic swimming pool within the City of San Antonio, Texas without a license therefor or to continue to operate a public or semipublic swimming pool for which a license has been suspended or revoked by the health director or his health officer.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-191. - Application for a license.

Every owner or operator desiring a license to operate a public or semipublic swimming pool within the City of San Antonio, Texas shall deliver a written application to the health director stating the name and address of the applicant and the location of the premises where such swimming pool is located. The applications shall be made on forms prescribed by the health director.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-192. - Issuance, fees for license.

Upon delivery of the required application, as provided in section 15-191, and upon payment of two hundred seven dollars ($207.00) for one (1) or two (2) swimming pools at the same location or on the same premises plus fifty dollars ($50.00) for each additional swimming pool at the same location or on the same premises, the health director or health officer shall issue a license to the applicant.

(Ord. No. 94266, § 4, 8-2-01; Ord. No. 96404, § 2, 9-19-02; Ord. No. 2008-09-11-0777C, § 2, 9-11-08)

Sec. 15-193. - Term of license.

Licenses shall be issued for a period not to exceed one (1) year with all licenses to expire on September 30 of each year. Licenses shall be automatically renewed upon payment of the required fees in [section] 15-192 and if currently in compliance with this article.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-194. - Intoxication; communicable disease.

It shall be unlawful for an individual who appears to a reasonable person to be in an intoxicated condition, or afflicted with any open skin infection wounds capable of being transmitted through water, such as impetigo, to use any public or semipublic swimming pool. It shall be unlawful for any owner or operator of a public or semipublic swimming pool, to knowingly permit any individual in an intoxicated condition or knowingly permit any person with an open skin infection wound capable of being transmitted through water, such as impetigo, to use said public or semipublic swimming pool.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-195. - Animals.

It shall be unlawful for an owner or operator of a public or semipublic swimming pool to knowingly permit animals to enter or remain in said public or semipublic swimming pool enclosure area, except that service animals for persons with disabilities shall be allowed, provided that they may not enter the swimming pool.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-196. - License permit request.

It shall be unlawful for the owner or operator of a public or semipublic swimming pool to fail to make the license available to the health officer upon request or within three (3) working days.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-197. - Safety equipment.

The owner or operator of a public or semipublic swimming pool shall operate a swimming pool with the following safety equipment being provided and maintained in good condition and ready for use at each swimming pool at all times:

(1)

A lightweight reaching pole constructed of fiberglass or some other non-electrical-conducting material, not less than twelve (12) feet long, with a body hook or shepherd's crook with blunted ends; and

(2)

A Coast Guard approved ring or buoy (fifteen (15) inches to twenty-four (24) inches) attached to 1/4-inch to 3/8-inch diameter rope at least two-thirds (2/3) the width of the pool; and

(3)

Any additional equipment that is required by applicable state laws and regulations because of the size or type of use of swimming pool, including ring buoys, throw ropes, backboards, and first aid kits; and

(4)

A telephone or other electronic means capable of summoning emergency service readily accessible within two hundred (200) feet unimpeded distance (an unlocked door or gate shall not be considered an impediment) of the swimming pool yard.

(Ord. No. 94266, § 4, 8-2-01)

Editor's note—

Ord. No. 94266, § 4, adopted September 2, 2001, enacted provisions intended for use as subsections 15-197(a—d). To preserve the style of the Code, and at the editor's discretion, said provisions have been redesignated as subsections 15-197(1—4).

Sec. 15-198. - Dry and wet saunas.

A health officer has the authority to routinely inspect dry and wet saunas to insure that they are maintained in a clean and sanitary manner.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-199. - Notice of violation, suspension, revocation, and reinstatement of licenses.

(a)

The health director or his health officer may issue a notice of violation to the owner or operator of a swimming pool and may also order that the owner or operator immediately close a swimming pool if a swimming pool or its enclosure constitutes an immediate hazard to the public, including but not limited to: (1) water quality violations that pose a significant risk to swimming pool users; (2) the main drain of the swimming pool not being visible; (3) drains, skimmers, or suction outlets improperly covered as required by the Texas Department of Health regulations; and (4) visible contamination of the swimming pool with algae, debris, or other dangerous substances. The owner or operator may open the swimming pool or spa after the required maintenance or repairs have been successfully completed.

(b)

Licenses issued under this article may be suspended by the health director or his health officer if:

(1)

An owner fails to close the swimming pool after being directed to do so; or

(2)

An owner fails to cure a violation listed in a notice of violation.

The suspension is effective ten (10) working days after the postmark date on the written notice to the owner or his agent. The written notice may be made by personal delivery, and shall be made by United States certified mail, return receipt requested, to the owner of the swimming pool at his last known address, from the health director or his health officer. Operation of the swimming pool shall cease upon receipt of the notice of suspension.

(c)

Whenever a license to operate a swimming pool is suspended, the owner of said swimming pool may request a hearing with the health director provided that the request is in writing and that it is filed with the health director within ten (10) working days of receipt of the notice of suspension. If no request for hearing is filed within the ten-day period, the suspension of the license to operate becomes final. If a request for hearing is filed within the ten-day period, the health director shall hold the hearing and render a decision in writing to the owner or operator of the swimming pool within ten (10) working days of receipt of the request.

(d)

The owner of the swimming pool has the right to appeal the health director's decision to municipal court within five (5) working days of receiving such decision by submitting written notice to the health director. Failure to appeal within the time allotted shall result in the health director's decision as final. A municipal court judge shall sit as the administrative appeal hearing officer, and shall conduct the appeal as a civil administrative hearing. The administrative appeal hearing officer shall prepare a written memorandum of findings within ten (10) working days and declare the health director's decision either affirmed or reversed.

(e)

The license may be reinstated provided that the violated provisions of this article have been corrected. The health director may require the owner or operator to attend up to sixteen (16) hours of training as a condition of lifting the suspension. This training may consist of one of the following courses: 1) the NRPA, "Certified Aquatic Facility Operator" (A.F.O.); 2) the NSPF, "Certified Pool-Spa Operator" (C.P.O.); 3) Y.M.C.A., "Pool Operator on Location" (P.O.O.L.); 4) the NSPI, "Service Technician I" or Service Technician II" or "Certified Service Technician"; or 5) completion of a six-hour course encompassing the concepts and information in the CPSC "Guideline for Addressing Potential Entrapment Hazards Associated with Pools and Spas", Publication Number 363-009801, and other related issues. If the health director or his health officer finds that compliance has been accomplished and the required training completed, the license may be reinstated. The health director or his health officer may make a reinspection and thereafter as many reinspections as may be necessary to assure that the owner or operator has complied with the requirements of this article.

(f)

The health director may revoke an operating license if:

(1)

The owner or operator interferes with an inspection being conducted by the health officer; or

(2)

The owner's license is repeatedly suspended.

(g)

The revocation is effective ten (10) working days after the postmark date on the written notice to the owner or his agent. The written notice may be made by personal delivery, and shall be made by United States certified mail, return receipt requested, to the owner of the swimming pool at his last known address, from the health director or his health officer. Operation of the swimming pool shall cease upon receipt of the notice of revocation.

(h)

Whenever a license to operate a swimming pool is revoked, the owner of said swimming pool may request a hearing with the health director provided that the request is in writing and that it is filed with the health director within ten (10) working days of receipt of the notice of revocation. If no request for hearing is filed within the ten-day period, the revocation of the license to operate becomes final. If a request for hearing is filed within the ten-day period, the health director shall hold the hearing and render a decision in writing to the owner or operator of the swimming pool within ten (10) working days of receipt of the request.

(i)

The owner of the swimming pool has the right to appeal the health director's decision to municipal court within five (5) working days of receiving such decision by submitting written notice to the health director. Failure to appeal within the time allotted shall result in the health director's decision as final. A municipal court judge shall sit as the administrative appeal hearing officer, and shall conduct the appeal as a civil administrative hearing. The administrative appeal hearing officer shall prepare a written memorandum of findings within ten (10) working days and declare the Health Director's decision either affirmed or reversed.

(j)

Whenever a revocation of a license has become final, the owner or operator of such revoked license may make written application for a new license. The health director may require the owner or operator to attend up to sixteen (16) hours of training, as set forth in subsection 15-199 (e) of this article, as a condition of issuing a new license. A new license may be issued if all provisions of this article are met and all required training has been completed. The health director or his health officer may make a reinspection and thereafter as many reinspections as may be necessary to assure that the owner or operator has complied with the requirements of this article. The new license shall be processed and the fee paid as provided in this article for new licenses.

(k)

Whenever a swimming pool owner or operator is required to cease operations of a swimming pool due to a notice of violation, suspension or revocation of the license, all access to the swimming pool shall be restricted, and a notice shall be posted at the swimming pool location in clear view to the public, notifying the public that the swimming pool is closed.

(l)

Any swimming pool owner, who had his license revoked two (2) times in a thirty-six-month period for a specific pool may be ineligible to apply for a new license on that specific pool for six (6) calendar months after the second or subsequent revocation. The health director shall have the sole discretion to issue a new license during this period.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-200. - Penalty for violation.

(a)

Any owner or operator who violates a provision of this article shall upon conviction in the municipal court of the City of San Antonio be subject to a fine not to exceed two thousand dollars ($2,000.00) for each offense, and each day shall constitute a separate offense.

(b)

The purpose of this article is to promote swimming pool safety. In keeping with that purpose, the municipal court is urged to consider deferred adjudication under article 42.12 of the Texas Code of Criminal Procedure where circumstances warrant. Conditions of the deferral may include the defendants attending and successfully completing a training course recommended or provided by the health director as set forth in subsection 15-199(e) of this article.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-201. - State and federal pools.

Swimming pools belonging to the state and the federal government are exempt from regulation under this article.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-202. - Landlord and tenant.

The terms of this article shall not be construed to alter the terms of any lease or other agreement between landlord and tenant or others relating to property that is the subject of this article; provided that no provisions of any lease or other agreement shall be construed to excuse compliance with this article by any person. It is the intent of this article to identify the parties that will be held responsible for compliance with and violations of this article, rather than to determine the rights and liabilities of persons under agreements to which the City of San Antonio, Texas is not a party.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-203. - Review of drownings.

The San Antonio Metropolitan Health District (SAMHD) may gather statistical data for any drowning that occurs in a swimming pool or spa.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-204. - Cumulative effect.

The provisions of this article are cumulative of other ordinances of the City of San Antonio, Texas and of state and federal regulations. Compliance with this article does not excuse compliance with any other applicable law, whether enforceable by the health officer, by other officials of the city, or by state or federal agencies.

(Ord. No. 94266, § 4, 8-2-01)

Sec. 15-205. - Conflict with state or federal law.

If any section of Chapter 15, Article VIII of the Code of the City of San Antonio, Texas or the application thereof to any circumstance is in conflict with state or federal law, then the applicable federal or state law shall control.

(Ord. No. 94266, § 4, 8-2-01)

Secs. 15-206—15-220. - Reserved.