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.005 Licensed Operator Required
.016 Director May Promulgate Rules
.021 Application After Revocation
.029 Rules in Conflict Repealed
REFERENCES USED IN THE FORMULATION OF THIS RULE INCLUDE TEXAS STATE
DEPARTMENT OF HEALTH'S "DESIGN STANDARDS" FOR PUBLIC SWIMMING POOLS, "SWIMMING
POOL OPERATION" BY THE DIVISION OF ENVIRONMENTAL ENGINEERING OF THE TEXAS
DEPARTMENT OF HEALTH, AND THE SANITARIANS HANDBOOK. THIS RULE IS BASED
ON CURRENT STATE LAWS, SOUND ACCEPTABLE PRACTICES AND GOOD PUBLIC HEALTH
ENGINEERING AND IS AUTHORIZED BY THE GALVESTON COUNTY UNITED BOARD OF HEALTH
UNDER THE POWER GRANTED BY ARTICLE 4436b, SECTION 4.02 V.T.C.S. THIS RULE
IS NOT INTENDED FOR PRIVATE RESIDENTIAL POOLS AS DEFINED HEREIN, EXCEPT
WHERE SPECIFICALLY MENTIONED IN SECTION .007(b) (c) AND SECTION .008(b)
(e) (f).
(a) "Building Inspector" shall mean the city or county building inspection department having jurisdiction.
(b) "Director" shall mean the Director of the Galveston County Health District or his authorized representative.
(c) "Free chlorine residual" shall mean the chlorine concentration in parts-per-million (p.p.m.) remaining available in water after the initial chlorine demand of the water has been satisfied. Concentration of the free chlorine residual shall be measured using any standard method approved by the Director.
(d) "Health District" shall mean any the Galveston County Health District.
(e) "Licensed operator" shall mean any person schooled and certified in a training course in swimming pool maintenance and operation by the State Department of Health or the Galveston County Health District.
(f ) "Lifeguard" shall mean a person schooled and certified in a senior course of instruction in life saving and water safety, equivalent to that offered by the American Red Cross.
(g) "Owner" shall mean any individual, partnership, firm, public or private, corporation, association, trust, estate, or any other person who owns, has interest in or control of a swimming pool or wading pool or the property thereon.
(h) "Person" shall mean any individual, whether or not connected with a firm, partnership, association, corporation, trust, estate, political subdivision or agency or any other group, or a combination acting as a unit.
(i.) "Pool" shall include public pools, semi-public pools and public wading pools.
(j) "Private Residential Pool" shall mean any swimming or wading pool located on the private property of a single family dwelling under the control of the home owner, the use of which is limited to swimming or bathing by members of his family or their invited guests and provided that no fee is charged for use or service.
(k) "Public Pool" shall mean any swimming or wading pool owned or operated by a city, county, state, federal or any other public agency or any other swimming or wading pool, other than a private residential pool or semi-public pool, operated by any person as defined herein, whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether of not a fee is charged.
(l) "Regulatory Authority" shall mean the same as Director.
(m) "Semi-public Pool" shall mean any swimming and wading pool serving a private club, motel, hotel, condominium, apartment building, duplex or other similar activity or structure, the use of which is limited to members or residents and their guests, provided that no fee is charged for said guests.
(n) "Swimming Pool" shall mean any structure or excavation more than eighteen (18) inches in depth, either indoors or outdoors, used, previously used or suitable to be used for recreational bathing, swimming, diving or health purposes and shall include whirlpools, hot tubs and other similar facilities, together with building equipment and appurtenances used in connection therewith.
(o) "Wading Pool" shall mean any artificial pool with a maximum depth of eighteen (18) inches together with equipment and appurtenances intended primarily for use by children.
Every public and semi-public swimming and wading pool shall have a licensed operator available at all times as may be reasonably necessary to maintain and operate the pool when said pools are open. Such operator shall be in full charge of the operations, maintenance and sanitation and shall have authority to enforce all rules of safety in the absence of a lifeguard.
No person shall operate a public or semi-public swimming or wading pool who does not have a valid license, issued to him by the regulatory authority.
Any person desiring a pool operator's license, shall make written application on forms provided by the regulatory authority. A completed application shall serve as a request for enrollment in a special course of training in pool management, operations and maintenance under the direction of the Health Director. All applications for a pool operator's license shall be accompanied by the appropriate fee as set forth in .023 of this rule.
All persons desiring a pool operator's certificate shall complete a course of training in pool management, operations and maintenance as prescribed and presented by the Health Director or the State Department of Health. All applicants completing the pool operator's course shall be required to demonstrate by means of an examination that they possess a minimum essential knowledge of pool management, operations and maintenance including an acceptable knowledge of State, Health District and local laws, ordinances and rules.
The Director shall issue a pool operator's license to any person who
satisfactorily completes the requirements set forth in this rule.
(f) Certificate Validity
A pool operator's certificate shall be valid for two (2) years from the date of issuance and shall be renewed on or before the first day after the expiration date of the current certificate.
(1) A pool operator's license may be renewed by one of the following methods:
(i) Attending a training course approved by the Health Director and passing a written examination and/or,
(ii) passing a written examination if the operator's current license has not expired. Failure to pass the written examination will require the operator to attend the training course and pass a written examination. Operators with expired licenses will be required to attend a training course and pass a written examination.
(iii) Waiving of training course requirements will not be allowed two (2) consecutive times.
(2) A fee shall be paid for each training course attended and/or each license renewal.
All applications for pool permits shall be on the form or forms prescribed
and issued by the Health District and all information required therein
must be furnished by the applicant.
(b) Requirements
A permit shall be issued by the Health District after the following requirements have been successfully completed:
(1) An application has been received and approved by the Health District.
(2) The application fee has been paid.
(3) A sample of the pool water has been submitted by the licensed operator to a State approved laboratory.
(4) The pool has been inspected by the Health District and is shown to be in compliance with this rule and all other local and State requirements as related to swimming pools and their appendices.
(5) Licensed operator has been retained.
All public and semi-public swimming and wading pools shall conform to the current or latest edition of "Design Standards" for Public Swimming Pool Construction by the Division of Sanitary Engineering of the Texas State Department of Health.
Any person interested or desiring to construct, reconstruct or alter any swimming or wading pool, public or private, shall first obtain a building permit from the County or municipal building inspector when a permit is required. Application for such permit together with all plans, specifications and data, which may be required shall be submitted to the office of the appropriate building inspector.
A building permit shall not be approved by the building inspector until construction plans have been approved by the Health District.
(d) Showerheads for Public Pools Required
All public swimming and wading pools shall provide sufficient equipment to permit an individual to rinse the surface of his/her body before entering the pool, including at least one (1) showerhead with adjoining drain. All such facilities shall be maintained in good working condition.
The owner of all public and semi-public swimming and wading pools shall operate and maintain such pools in accordance with this rule and the current or latest edition of "Swimming Pool Operation" by the Division of Environmental Engineering of the Texas Department of Health.
No person shall allow any swimming or wading pool, whether open or closed, active or abandoned to exist in a manner which constitutes a public health or potential public health or safety hazard.
All pumps, valves, drains, piping, in-pool lighting, diving structures,
ladders, ropes and other equipment used in the operation of any pool shall
be maintained in good repair and proper working condition.
(d) Disinfection Equipment
Disinfection equipment used for all pools, including equipment for chlorination, bromination or other approved means of disinfection, which include in their scheme of operation, hazardous, noxious or toxic materials, shall be maintained in good repair and proper working conditions free from atmospheric leaks, and shall be inspected no less than once per day to ensure their safety.
Every outdoor swimming pool within the Health District whether public or private shall be completely enclosed by a fence or wall, or a combination thereof, of not less than four (4) feet in height, constructed of such material and so designed as to prevent ingress or egress to or from the pool through or under such fence or wall by either persons or animals. The walls of any building may be used, with the Director's approval, as a part of such enclosure.
All gates or doors opening into an enclosure required by the preceding section shall be equipped with a self-closing and self-latching device, which is capable of being locked for keeping the same securely closed at all times when not in actual use and locked when the pool is closed, except that the door of any building, the wall of which forms a part of the enclosure, need not be so equipped.
The bacterial content of the water in any pool shall not be allowed
to exceed the safe limits as prescribed by established standards of the
State Department of Health.
(b) Bacteriological Samples
A sample of pool water should be taken from all public and semi-public swimming and wading pools for bacteriological analysis and submitted to a state approved laboratory at least once per month when pool is in operation and said sample should be taken during the heaviest bathing load. The Director may take a sample or require a sample to be taken at anytime the Director may deem necessary to assure water quality and safety. The owner of the pool shall be responsible for payment for all such samples.
Free chlorine residual of at least 1.0 parts-per-million (p.p.m.) units of water or any other method of disinfectant which has been approved by the Director shall be maintained in every pool throughout the period of their use.
No water in any pool shall ever be permitted to show an acid reaction to a standard Ph test. A minimum Ph value of 7.2 and a maximum Ph value of 8.2 shall be maintained at all times the pool is open.
(e) Test Kits and Water Test Required
Every pool shall have a test kit available to check Ph and disinfectant levels. The Ph and chlorine or other approved methods of disinfectant shall be checked at least two (2) times daily and records shall be kept of such test. If stabilized chlorine is used, a cyanuric acid test kit must be available at the pool and periodic tests of cyanuric acid shall be taken and recorded.
The water clarity in all pools shall be such that the main drain on the floor of the pool at its deepest point is clearly visible.
The surface of the pool water shall be kept free of scum and foreign floating matter. The bottom and sides of the pool shall be maintained free of sediment, dirt, slime and algae. Water in the pool shall be maintained free of turbidity so that the main drain grille or turbidity test disk is clearly visible from the side of the pool.
Every pool shall be equipped with a standard first-aid kit, as prescribed in a training course in "Swimming Pool Operations" by the Texas Department of Health, which shall be kept filled and ready to use.
Swimming pools operated primarily for unorganized use and having more than 2,250 square feet of water surface area shall be provided with an elevated lifeguard platform or chair. In pools with 4,000 square feet or more of water surface area additional elevated chairs or stations shall be provided and located so as to provide a clear unobstructed view of the pool bottom in the area under surveillance.
All public pools shall maintain in good working condition and in a readily accessible area, at least one (1) unit of any type of safety equipment listed below.
(1) A ring buoy with a minimum outside diameter of twenty (20) inches connected to a length of one-fourth (1/4) inch diameter rope, minimum length of which shall be not less than one and one half (1 ½) times the maximum width of the pool.
(2) A life pole with a crooked end, minimum length of ten (10) feet.
All public pools, during hours of operation, shall be attended by at least one (1) lifeguard.
Any pool using chlorine gas shall provide a gas mask designed for use in a chlorine atmosphere and of a type approved by the U.S. Bureau of Mines. In addition, a replacement canister shall be provided and a record shall be kept of gas mask usage to ensure that the mask will be serviceable when needed.
The gas mask shall be kept in a closed cabinet, accessible without a key, located outside of the room in which the chlorinator is maintained.
Whenever the pool area of a semi-public pool is opened for use and no lifeguard service is provided, warning signs shall be placed in plain view at the entrances and inside the pool area which state "Warning - No Lifeguard on Duty" with legible letters at least four (4) inches high. In addition, the sign shall also state in legible letters at least two (2) inches high, "No Swimming Alone. Children Under Fourteen (14) Years of Age and Non-swimmers Shall Not Use the Pool Unless Accompanied by a Responsible Adult".
All beverages served in the pool area shall be served in non-breakable containers.
Adequate trash containers shall be provided to keep litter off the deck.
All individuals in an intoxicated condition or any person known or suspected of being infected with any transmissible condition of a communicable disease shall be excluded from public and semi-public swimming and wading pools.
It shall be a violation of this rule for any person to bring, allow or permit an animal into the enclosed pool area.
No person operating a pool shall permit any individual to enter the water in said pool without requiring that individual to rinse his/her entire body through the use of a shower or other similar device.
(1) To enforce all regulations contained in this rule.
(2) To collect all fees set by the Board necessary to recover the costs incurred in meeting the requirements of this rule.
(3) To make all required inspections.
The Director may, without warning, notice or hearing suspend a pool permit at any time for failure of the permit holder to keep his or her pool and all appurtenances therewith clean, sanitary and in good repair. A permit may also be suspended for serious or repeated violations of any of the requirements of this rule or any State or local law, ordinance or rule governing health, sanitation or safety.
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filled with the regulatory authority by the holder of the permit within ten (10) days. If a written request for a hearing is not filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time, if reasons for suspension no longer exist.
The Director may, after providing opportunity for a hearing, revoke a permit or license for serious, willful or repeated violations of any of the requirements of this rule or any State or local law or ordinance or for interference with the Director in the performance of his duties. Two or more convictions within a twelve (12) month period shall constitute repeated violations. The Director may suspend, revoke or withhold, a permit or license if the applicant withholds, falsifies or misrepresents any information on the application form.
Prior to revocation, the Director shall notify the holder of the license or permit or the person in charge, in writing of the reason for which the permit or license is subject to revocation; and that the permit or license shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the Director by the holder of the permit or license within such ten (10) day period. If no request for a hearing is filed within the ten (10) day period, revocation of the permit or license becomes final and no part of the permit or license fee shall be refunded.
The Director shall have the right and privilege of entering any premises
within the District within reasonable hours for the purpose of inspecting
public and semi-public swimming and wading pools after displaying proper
identification.
(b) Inspection Intervals
The Director may inspect any pool at various times and intervals as he may deem necessary to enforce the requirements of this rule.
A pool permit fee shall be one hundred dollars ($100.00) and said fee shall be paid to the Health District to help defray the cost of administration and service.
Applicants for a pool operator's license shall pay a fee of twenty dollars ($20.00) to the Health District to help defray the cost of administration and service.
All permit and license fees shall be paid at the time of application and shall be credited to the account of the Galveston County Health District and added to other monthly payments as paid to the Health District. Certified checks, cashiers checks, personal checks, or money orders shall be sent to the Galveston County Health District, 1207 Oak Street, (P. O. Box 939), LaMarque, Texas 77568, and shall be made payable to the Galveston County Health District and said fees are not refundable under any circumstance.
The Director shall keep an accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, the date and amount therefore.
Any suit brought against any officer or employee of the Health District because of some act performed by him in the enforcement of any provision of this rule shall be defended by legal counsel of the County of Galveston County until the final termination of the proceedings.
A person desiring an exception to any requirement of this order shall file a written statement with the Health District stating:
(1) The nature of the exception.
(2) The reason the exception should be granted.
The Director shall review the request and reply to the applicant in writing within thirty (30) days either granting or denying the request. If the request is denied, the Director shall include in his reply the reasons for denial.
(1) All of the appropriate steps required of the aggrieved person by the terms and conditions of this rule have been met.
(2) The aggrieved person has made a conscientious effort to resolve
his problem with the Health District.
.027 Penalty
Whenever in this rule an act is prohibited or is made or declared to be unlawful or whenever in such rule the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this rule shall be penalized by a fine of not less than twenty-seven dollars and fifty cents ($27.50) nor more than one thousand ($1000.00) dollars. Each day any violation of this rule continues shall constitute a separate offense.
All ordinances, rules or parts of ordinances or rules in conflict herewith are, to the extent of such conflict hereby repealed.