OR 2000-907 Repealed by 2005-1095 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2000907
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF COPPELL, TEXAS, AS AMENDED, BY REPEALING
CHAPTER 9, ARTICLE 9-18, "SWIMMING POOL AND
SPA OPERATION AND MAINTENANCE REGULATIONS",
SECTIONS 9-18-1 THROUGH 9-18-9 AND REPLACING
THE SAME WITH NEW SWIMMING POOL AND SPA
OPERATION AND MAINTENANCE REGULATIONS;
PROVIDING FOR THE ADOPTION OF THE TEXAS
DEPARTMENT OF IIEALTH STANDARDS FOR PUBLIC
SWIMMING POOL/SPA, IN PART; PROVIDING FOR
POOL AND SPA STANDARDS; PROVIDING FOR PERMIT
REQUIREMENTS; PROVIDING FOR THE SUSPENSION
OF THE PERMIT; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell has an obligation to protect the health, safety and
welfare of all citizens; and
WHEREAS, the City Council of the City of Coppell has determined that the adoption of
Swimming Pool and Spa Operation and Maintenance Regulations and the Texas Department of
Health Standards for Public Swimming Pool/Spa, in part, will be beneficial for the general welfare
of the inhabitants of the City of Coppell;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE~
CITY OF COPPELL, TEXAS:
SECTION 1. That Chapter 9, Article 9-18, "Swimming Pool and Spa Operation and
Maintenance Regulations", Sections 9-18-1 through 9-18-9 of the Code of Ordinances of the City
of Coppell, Texas, be and the same is hereby repealed and replaced with similar sections to read
as follows:
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"ARTICLE 9-18 SWIMMING POOL AND SPA OPERATION AND
MAINTENANCE REGULATIONS
Sec. 9-18-1 ADOPTION OF STATE RULES ON STANDARDS FOR PUBLIC
SWIMMING POOLS AND SPAS
A. The Standards for Public Swimming Pools and Spas adopted by the Texas
Board of Health as TEX. ADMIN. CODE §§ 265,181- 265,207, as amended
herein, are hereby adopted as the City of Coppell Swimming Pool and Spa
Operation Maintenance Regulations, a copy of which is attached and
incorporated herein for all purposes as Exhibit "A".
Sec. 9-18-2 POOL AND SPA STANDARDS
1. Any reference to "local regulatory authority", or "department" in
the Standards shall mean the City of Coppell Environmental Health
Department ("CEHD").
2. TEX. ADMIN. CODE § 265.183(a) of the Plans, Permits and
Instructions, is amended to delete: "The department recommends
that a registered professional engineer or registered architect be
consulted to assure that the pool or spa is designed and built in
compliance with these roles and applicable federal, state, and/or
local regulatory requirements" and substitute therefore: "The
department requires that a registered professional engineer or
registered architect be consulted to assure that the pool or spa is
designed and built in compliance with these roles and applicable
federal, state, and/or local regulatory requirements."
3. A registered professional engineer or registered architect must
stamp the set of plans that are provided to the CEHD.
4. Upon completion of construction of any pool or spa, the registered
professional engineer or registered architect that stamped the plans
must submit a letter to the CEHD stating that the pool or spa is
built in compliance with these roles.
5. TEX. ADMIN. CODE § 265.185(e)(1), of the Dimensional Design, is
amended to delete, "Maximum load limit for new pools shall he in
accordance with the following table:" and substitute therefore:
"Maximum load limit for new and existing pools shall he in
accordance with the following table:"
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6. TEX. ADMIN. CODE § 265.203(j) of the Operation and
Management, is mended to delete, "Maximum load limits for new
pools and spas. The maximum load limits for a new pool and spa
shall be calculated and posted" and substitute therefore:
"Maximum load limits for new and existing pools and spas. The
maximum load limits for a new or existing pool and spa shall be
calculated and posted."
7. TEX. ADMIN. CODE § 265.190(b)(1) of the Suction Outlets and
Return Inlets, is mended to delete, "Suction outlets (other than
skimmers) shall be provided with anti-vortex covers or grates that
have been tested by a nationally recognized testing laboratory and
comply with ASME/ANSI A 112.19.8MR96, Suction Fittings for
Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and
Whirlpool Bathtub Appliances", and substitute therefore: "Suction
outlets (other than skimmers), on new and existing pools and spas,
shall be provided with anti-vortex covers or grates that have been
tested by a nationally recognized testing laboratory and comply
with ASME/ANSI A 112.19.8MR96, Suction Fittings for Use in
Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool
Bathtub Appliances."
8. TEX. ADMIN. CODE § 265.199(b)(3) of the Specific Safety
Features, is mended to delete, "For Class C pools, the transition
point of the pool from the shallow to the deep area shall be visually
separated with one of the following:" and substitute therefore:
"For new and existing Class C pools, the transition point of the
pool from the shallow to the deep area (five foot deep) shall be
visually separated with one of the following:"
9. TEX. ADMIN. CODE § 265.199(c) of the Specific Safety Features, is
amended to delete, "Depth markers for new pools" and substitute
therefore: "Depth Markers for new and existing pools."
10. Tex. Admin. Code § 265.203(a) of the Operation and Management,
is mended to delete, "Required operator certification for new and
existing pools and spas. New and existing Class A, B, and D pools
and spas, located at Class A and B facilities shall be maintained
under the supervision and direction of a properly trained and
certified operator who would be responsible for the sanitation,
safety, and proper maintenance of the pool or spa, and all physical
and mechanical equipment and records" and substitute therefore:
"New and existing Class A, B, C, and D pools and spas, located at
Class A, B and C facilities shall be maintained under the supervision
and direction of a properly trained and certified operator who
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would be responsible for the sanitation, safety, and proper
maintenance of the pool or spa, and all physical and mechanical
equipment and records."
11. Existing pools or spas shall be made to comply with number 10
above on or before May 1, 2001.
12. TEX. ADMIN. CODE § 265.204(d)(2) of the Water Quality, is
amended to delete, "When a Class C or D pool or spa located at a
Class C facility is open for use, it is recommended that tests for
disinfectant level, and pH be made two or more times per day to
assure compliance with subsection (a) of this section relating to
water quality parameters" and substitute therefore: "When a Class
C or D pool or spa located at a class C facility is open for use, it is
required that tests for disinfectant level, and pH be made two or
more times per day to assure compliance with subsection (a) of this
section relating to water quality parameters."
13. TEX. ADlVlIN. CODE § 265.205(g) of the Spa Construction,
Operation, and Maimenance, is amended to delete,
"Recommendation of additional safety signage at new and existing
spas.. For new and existing spas, it is recommended that signage be
located in plain view, stating the following:" and substitute
therefore: "Requirement of additional safety signage at new and
existing spas. For new and existing spas, it is required that signage
be located in plain view, stating the following:"
B. PERMIT REQUIRED
1. Any person desiring to operate a pool, other than a single or double
family (duplex) residential pool, in the City of Coppell shall make
written application for an annual permit on a form provided by the
Coppell Environmental Health Department. A non-refundable
annual permit fee established by resolution of the City Council from
time to time shall accompany the application; and no permit
hereunder shah be issued until the applicant has paid such fee. A
new application and permit is required for any pool that is
extensively remodeled or in the event of a change of ownership.
2. No person shall operate a pool or spa, other than a single or double
family (duplex) residential pool, in the City of Coppell without first
having obtained a valid annual Swimming Pool Permit issued by the
City.
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3. A separate permit is required for each pool or spa operated on the
same premises.
4. Permits shall be displayed in view, and shall be available for
inspection by the Health Authority.
5. Permits are non-transferable. A permit is limited to the location and
to the applicant for which issued.
6. A permit shall expire one year from the date of issuance unless
earlier revoked or suspended.
7. Any pool or spa operated by a governmental agency, political
subdivision or church shall be exempt from the permit fee.
Sec. 9-8-3 FECAL OR VOMITUS ACCIDENTS
A. Closure of new and existing pools or spas if there is a fecal or vomims
accident. On a new or existing pool or spa, if there is a fecal or vomitus
accident, the pool or spa shall be closed immediately and remain closed
until proper procedures have been taken for disinfecting.
Sec. 9-18-4 SUSPENSION OF POOL PERMIT
A. The CEHD may suspend a permit to operate a pool or spa for any violation
of this Article.
B. Permit suspension shall continue until the cause of suspension has been
corrected. The operator shall post signs at the pool or spa entrances
stating that the pool or spa is closed by authority of the CEHD. Said signs
shall remain posted until removed by the CEHD.
C. If a permit is suspended for a pool or spa that is in an enclosure with
additional pools or spas, all pools and spas inside the enclosure must cease
operations. If the operator ensures that access to the closed pool or spa
has been denied, the CEI-ID may allow the additional pools or spas to
remain open.
D. Upon denial or suspension of a permit, the CEHD shall notify the applicant
or permit holder of the decision and reasons therefore and the right to
appeal.
E. An applicant or permit holder may appeal the decision of the CEHD to the
City Manager, by filing with the City Manager, a written request for a
hearing within ten (10) days after the receipt of notice of denial or
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suspension. If a request for a hearing is not filed within ten (10) days, the
action of the CEHD is final."
SECTION 2. All provisions of the ordinances of the City of Coppell in conflict with the
provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the
ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of
Ordinances of the City of Coppell, Texas.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and publication, as the law and charter in such cases provide.
DULY I~ASSED by the City Council of the City of Coppell, Texas, this 28 day of
March , 2000.
APPROVED:
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By: LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
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