§ 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)