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Home My WebLink AboutORD 1993-031 ��' ORDINANCE NO. g3-31 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 3 AIRPORTS AND AIRCRAFT, ARTICLE III DALLAS/FORT WORTH INTERNATIONAL AIRPORT REGULATIONS, DIVISION 2 1988 REVISED CODE OF RULES AND REGULATIONS OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD BY AMENDING CHAPTER NINE COMMERCIAL ACTIVITY BY THE ADDITION OF A NEW SECTION 6 RELATING TO � PUBLIC SWIMMING POOL AND SPA PERMIT INSPECTION PROGRAM AND AUTHORIZING A PUBLIC SWIMMING POOL/SPA SURVEILLANCE PROGRAM FOR AIRPORT TENANTS AND BY ADOPTING BY REFERENCE THE TEXAS MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES AND DESIGN STANDARDS FOR PUBLIC SWIMMING POOL CONSTRUCTION; BY PROVIDING FOR CODIFICATION; BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO , � •� THOUSAND DOLLARS 152,000.00) FOR EACH OFFENSE RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH �_,� AND SANITATION, INCLUDING DUMPING OF REFUSE, AND A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) FOR ALL OTHER OFFENSES AND EACH DAY AN OFFENSE OCCURS OR CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE, i PROVIDED, HOWEVER, THAT WHERE THE OFFENSE IS i ONE FOR WHICH A PENALTY IS FIXED BY STATE LAW, THE STATE LAW PENALTY SHALL GOVERN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 3, Article III, Division 2, Chapter Nine of the Grapevine Code of Ordinances is hereby amended by the addition of a new Section 6, relating to Public Swimming Pool and Spa Permit Inspection Program and authorizing a public swimming pool/spa surveillance program for Airport tenants and by adopting by "� reference the Texas Minimum Standards of Sanitation and Health Protection Measures and Design Standards for Public Swimming Pool construction, as shown on Exhibit "A", attached hereto and made a part hereof. � � i Section 2. The City Secretary is hereby authorized and directed to provide for "� the codification of the amendments to Chapter 3, Article III, Division 2, Chapter Nine Commercial Activity, Section 6. Section 3. Any person, firm or corporation violating any of the provisions of the 1988 Revised Code of Rules and Regulations, as amended, of the Dallas Fort Worth International Airport Board shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed Two Thousand Dollars (52,000.00) for each offense relating to fire safety, zoning or public health and sanitation, including dumping of refuse and penalty of fine not to exceed Five Hundred Dollars (5500.00) for all other offenses, providing, however, that where the offense is one for which a penalty is fixed by state law, the state law penalty shall govern and providing that each and every day on which an offense occurs or continues shall constitute a separate offense. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such ; invalidity, which remaining portions shall remain in full force and effect. i � � Section 5. This ordinance shall talce effect immediately from and after its final ; passage and the publication of the caption of said ordinance as the law in such cases �,,;� provides. � � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF F GRAPEVINE, TEXAS on the 6th of �uly , 1993. : k '� APPROVED: i � William D. Tate Mayor ATTEST: , , � � _ % Li a Huff ; � City Secretary ; 2 � �,,.:,a, APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney i f � ; ; ' , � � . ; �,.�, ; � �i � � r I c � F G � � � ! � � � 3 , � =xy:�:� � ro �'-��. ��/ -'-�� —_.L._ o# � a AMENDMENT TO CODE OF RULES & REGULATIONS �,� SECTION 6-1. PUBLIC SWIMMING POOL AND SPA PERMTT PROGRAM INSPECTIONS: INTENT This section is intended to provide for pool safety and sanitation; to establish sanitary standards for public swimming pools and spas by adopting by reference the Texas Minimum Standards of Sanitadon and Health Protecdon Measures and Design Standards for Public Swimming Pool Construcdon; by requiring a permit for operation of public swimming pools and/or public spas. � SECTION 6-2. DFSIGNATION OF HEALTH AUTHORTTY The Airport Board shall by resolution designate from time to time a heallh authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. SECTION 6-3. STATE REGULATIONS ADOPTED �., , (1) There is hereby adopted by reference the Tezas Department of Health Minimum �.� Standards of Sanitation and Health Protecdon Measures, Chapter 341, Subchapter D, Secdon 341.064 and Design Standards for Public Swimming Pool Construcrion, 25TAC, Chapter 337, Section 337.71 through 337.96. (2) A certified copy of each rule manual (above) shall be kept on file in the office of the Director of Properties and Facilides at the Airport. SECTION 6-4. DEFIlVITIONS All defini6ons in the Texas Minimum Standards and Health Protecdon Measures and Design Standards for Public Swimming Pool Construction are hereby incorporated by reference. In ; addition the following definidons shall be understood. (1) Health Authority or Regulatory Authority: shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. (2) Service of Norice: A notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in chazge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. � -Xy;B:i�� TO Q%t.�-�-.�� . �a�e .�._ Of �° -j (3) Ownership of Business: shall mean the owner or operator of the business. Fach new � business owner or operator shall comply with these rules and regulations. �� (4) Public Swimming Pool: shall mean an artificial body of water, including a spa� maintained expressly for public recreational purposes, swimming and similar aquadc sports or therapeutic purposes. SECTION 6-5. PUBLIC SWIMMING POOL AND SPA PERMITS (1) Requirement: A person commits an offense if he operates a public swimming pool and/or public spa at the Airport without possessing a current and valid health pernut issued by the health authority designated by resoludon of the Airport Board. (2} Posdng: A valid permit shall be posted in public view in a conspicuous place at the public swimming pool and/or public spa. (3) Non-transference (Change of ownership): Permits issued under the provisions of this article are not tra.nsferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and state law before a permit will be issued. , � (4) Separate permits: A seParate Perm�t shall be required for every public swimming pool and/or public spa, whether situated in the same building or at a separate locatioa. �:,� (5) Suspension of permit: The health authority may suspend any permit to operate a publ�c swimming pool and/or public spa if the operadon of the establishment does not comply with the requirements of these rules and reguladons, state laws or the operation of the establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit, or the person in chuge, shall be nodfied in writing that their permit may be suspended and that they are entided to a hearing, if a request for hearing is made in writing to the authority within 10 days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, the permit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, use of the public swimming pool and/or public spa shall immediately cease. (6) Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its dudes. Prior to revocadon, the health authority shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days """�' following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written � request for heaxing is filed within the ten (10) days, revocation will be final. �X;-li8c i� TO �jk �..��'/ -- =':��e � of ..—,�---- ('n Service of Notices: Notices shall be secved in accordance with the Secdon 6-4. (2) above. A copy of the nodce shall be filed in the records of the health authority and in the office of the Airport Director of Properties and Facilities, or to such other person as �.3.� may be designated by the Airport Board. (8) Hearings: The hearings provide� for in these rules shall be conducted by the health authority at a time and ptace designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be fumished to the office of the Airport Director of Properties and Facilities and the holder of the permit, license, or cer�ificate. (9) Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being aPpealed. i (10) Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new I4 pertnit. I'j (11) Permit fees: Health permit fees, as established by the health authority are due and ! , payable directly to the health authority in the amounts and at the times specified by the � health authority. ', ��.� j SEC'I'ION 6-6. INSPECTIONS '� (1) Pre-operational Inspecdon: The health authority shall inspect any public swimming pool and/or public spa prior to its beginning operadon to determine compliance with these �'; rules. i (2) On-going operations: The health authority shall be endded to inspect any public swimming pool and/or public spa at any time without prior notice in order to determine compliance with these rules. SECTION 6-7. PUBLIC POOLSPA MANAGER CER'I'IFICATION (1) Requirement - A person commits an offense if he operates a public swimming pool and/or spa at the Airport without a manager, or person in charge, who possesses a valid and current pool/spa manager's certificate, or equivalent, approved by the health authority designated by resoludon of the Airport Board. Pool and/or spa managers shall have at least one certified pool manager employeci to maintain the pools/spas per location. � � �I � EXH18tT� TO `��"�"'�`�`�f �a�e � of _r.�-. (2) Manager's Certificauon: Upon written application and presentation of evidence of satisfactory completion of a pooVspa manager's course, equivalent training or examinadon as approved by the health authority, the health authority shall issue a �.:.� pooUspa manager's certificate valid for one (1) year from the date of training or evaluadon unless sooner revoked. Suspension or revocadon of an establishmerit's health permit by the health authority shall constitute cause for revocarion of that manager's certification. Whenever the public poollspa manager holding the certificate terminates employment, or is terminated or transferred, the business shall be allowed sixty (60)days from this termination or transfer date to provide a new certificate holder. (3) This requirement is applicable even if pool maintenance operations are contracted to an outside company. f:�bpack�sandra�corrlrulu.rcg ,� ,� � �