GENERALLY

Houston Code of Ordinances ch. 43, art. I

in effect

Houston Code of Ordinances § 43-1 General policy.

Sec. 43-1. - General policy. It shall be the general policy of the City of Houston Health Department to enforce the most stringent pool safety standards permitted by law. The health officer may refer those matters involving state or federal laws, rules or regulations that the city is not authorized to enforce to the state or federal office or agency having jurisdiction. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011; Ord. No. 2015-820, § 34, 8-26-2015)

Houston Code of Ordinances § 43-2 Definitions.

Sec. 43-2. - Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. Abate means to remove or demolish and shall include filling an aquatic structure to the surface with earth, bank sand or other similar material approved by the health officer. Approved drain cover means a suction outlet drain cover that meets the requirements of the VGBA. Aquatic structure means a pool, spa, PIWF or residential pool or spa. Department means the Houston Health Department. Facility means a pool, spa or PIWF and the restrooms, dressing rooms, equipment rooms, deck, enclosure, and other appurtenances directly serving the pool, spa or PIWF. Inactive aquatic structure means an aquatic structure that is not functioning, operating, or in use, or that has been abandoned but not abated. Operator means the owner of the property upon which an aquatic structure is located, or any business manager, complex manager, manager of a property owners association, rental agent or other individual who is in charge of the day-to-day operation or maintenance of an aquatic structure or the property on which it is located. Permit means an operating permit for a facility issued by the department pursuant to this chapter. Person in charge means an individual who is i) actually present or available at a facility at a given moment and is in immediate charge of the day-to-day operation or maintenance of the facility, ii) the supervisor of the facility at the time, or iii) the operator. Pool means any man-made permanently installed or non-portable structure, basin, chamber, or tank containing or designed to contain a body of water to be used for human swimming, diving, aquatic sports, or other aquatic activity, including any pool that is categorized as a Class A, Class B, or Class C public pool pursuant to Section 265.182(76) of Title 25 of the Texas Administrative Code, regardless of whether a fee is charged for use, and regardless of whether its use has been abandoned or discontinued; provided, however, that this term does not include a residential pool or spa or a pool that has been abated. PIWF (public interactive water feature and fountain) means any indoor or outdoor water installation maintained for public recreational use, including but not limited to water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons in various arrays. Property owners association means an association of property owners as defined in Section 204.004 of the Texas Property Code. Remodeled or remodeling means modification of the design, configuration, capacity or components of an aquatic structure, including, but not limited to, reconfiguration of a pool or the addition of new plumbing and filtration pipes to an aquatic structure; provided, however, that this term does not include minor alterations, such as removal of a pool lip, replacing a pump, or replastering the inside of such structure. Residential pool or spa means a pool or spa that is located on private property under the control of the property owner or the owner's tenant and that is intended for use by not more than two resident families and their guests, including a pool or a spa serving only a single-family home or duplex. Spa means a body of water intended for the immersion of persons in either hot or cold water, circulated in a closed system, and not intended to be drained and refilled after each use. A spa can include a filter, a heater, a pump, a blower and water sanitizing equipment. The term includes a swim spa or exercise spa, including any spa that is categorized as a Class A, Class B or Class C spa pursuant to Section 265.182(94) of Title 25 of the Texas Administrative Code. VGBA means the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. Section 8001 et seq. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011; Ord. No. 2015-820, §§ 29, 34, 8-26-2015; Ord. No. 2021-1037, § 20(Exh. I.48), 12-1-2021, eff. 4-1-2022)

Houston Code of Ordinances § 43-3 Responsibilities of operator.

Sec. 43-3. - Responsibilities of operator. (a) It shall be the responsibility of an operator to ensure that an aquatic structure is in full compliance with the applicable provisions of this chapter and the terms and conditions of any permit issued under this chapter. (b) Each operator of a facility shall ensure that a person in charge is available during all hours of operation. The responsibilities of the operator under this subsection shall also apply to any other person having possession or control of the operation of the facility. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Houston Code of Ordinances § 43-4 Applicability of chapter; inspection and compliance; penalty for violation.

Sec. 43-4. - Applicability of chapter; inspection and compliance; penalty for violation. (a) Unless a variance is granted pursuant to section 43-7 of this Code, all provisions of this chapter shall apply to aquatic structures. No aquatic structure shall be operated within the city unless it conforms to the requirements of this chapter. (b) The operator of a facility shall maintain on site a water quality testing device or kit capable of accurately testing for and measuring pH and disinfectant levels within certain chemical ranges in accordance with section 43-6 of this Code. Operational records of testing results and maintenance activities, including documentation of approved drain covers, shall be retained on site at a facility for not less than two years. However, to the extent that state or federal law requires a more lengthy record retention period, the records shall be retained for the entirety of the state or federally-mandated period. (c) The health officer may inspect all aquatic structures to protect the public health and to ensure compliance with the provisions of this chapter; provided that in any case in which permission to inspect is denied, the health officer shall obtain an administrative search warrant. (d) Except as provided in subsection (e), any person who violates any provision of this chapter, any rule or regulation promulgated by the health officer or any applicable state law, rule or regulation regarding pool safety shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250.00 nor more than $2,000.00 for the first conviction. For any succeeding conviction, such person shall be fined not less than $500.00 nor more than $2,000.00. Each day that a violation continues shall constitute a separate offense. (e) Notwithstanding any other provision of this chapter, the penalty for a violation of section 43-33(b) of this Code shall not exceed $1,000.00. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Houston Code of Ordinances § 43-5 Residential pool or spa: minimum standards.

Sec. 43-5. - Residential pool or spa: minimum standards. No permit is required to operate a residential pool or spa. Notwithstanding the foregoing, the operator of a residential pool or spa shall: (1) Maintain the water clarity standards so that an eight-inch black disk on the residential pool or spa floor at its deepest point can be clearly seen by an observer standing on the deck at a point closest to the disk; (2) Maintain the water so as to prevent the breeding or harborage of insects; (3) Maintain the water free of any odor that is foul or offensive to a person of reasonable sensibilities; (4) Keep the water free of algae; and (5) Maintain and operate the residential pool or spa in a manner that ensures no danger to human health or welfare or hazard to the public health. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Houston Code of Ordinances § 43-6 Aquatic structures: Minimum standards.

Sec. 43-6. - Aquatic structures: Minimum standards. (a) Except as provided in subsection (b) of this section, the city adopts minimum standards for aquatic structures that are identical to or stricter than those pool safety standards contained in the following state and federal laws, all of which are incorporated herein: (1) The VGBA; (2) Chapter 757 of the Texas Health and Safety Code, as it relates to facilities; (3) Subchapters L and M of Chapter 265 of Title 25 of the Texas Administrative Code, as it relates to facilities; and (4) That volume of the Construction Code known as the Swimming Pool and Spa Code. (b) The provisions of Section 265.211 of Title 25 of the Texas Administrative Code shall not apply to enforcement of this chapter. (c) The operator of an aquatic structure shall maintain the aquatic structure in accordance with the pool safety standards adopted by the city pursuant to subsection (a) of this section. Any inconsistency between the requirements of this article and subsection (a) shall be resolved in favor of the more restrictive requirement. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011; Ord. No. 2021-1037, § 20(Exh. I.49), 12-1-2021, eff. 4-1-2022)

Houston Code of Ordinances § 43-7 Variances.

Sec. 43-7. - Variances. (a) A person may request a variance from one or more requirements of this chapter by submitting to the health officer documentation of the proposed variance, including citations to the applicable chapter provisions and an explanation of how the potential public health hazard will be alternatively addressed by the proposal. (b) The health officer may consider and grant variances from the provisions of this chapter when the health officer determines that the following conditions exist: (1) The imposition of the terms or standards of this chapter would deprive the applicant of the reasonable use of the aquatic structure; (2) The circumstances cited in support of the variance are not the result of a hardship imposed or created by the applicant; (3) The alterations proposed in the variance request will ensure that the general purposes of this chapter are observed and maintained; and (4) The granting of a variance will not be injurious to the public health, safety or welfare. (c) Any variance granted under this section will apply only to the specific property and use requested by the applicant. All variances shall i) be in writing, ii) contain the findings upon which the variance was approved, iii) be signed by the health officer and iv) be maintained as a permanent record of the department. (d) This section shall not be construed in any way to excuse any operator from compliance with state or federal laws, rules or regulations regarding pool safety or to limit the enforcement authority of state or federal officials with respect to state or federal laws, rules or regulations regarding pool safety or protection of the public health, safety or welfare. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Houston Code of Ordinances § 43-8 Rules and regulations.

Sec. 43-8. - Rules and regulations. The health officer shall promulgate rules and regulations necessary to protect the health, safety and welfare of the public relating to the design, construction and installation of all aquatic structures. The rules and regulations shall conform to the applicable provisions of this Code and the Construction Code. In the event of a conflict between this Code and the Construction Code, the most restrictive provision shall control. A copy of the rules and regulations shall be provided to any person upon request. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Houston Code of Ordinances § 43-9 Approval of plans and specifications.

Sec. 43-9. - Approval of plans and specifications. (a) No aquatic structure shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the health officer. An applicant shall submit two sets of properly prepared plans and specifications for the construction, remodeling, or alteration of an aquatic structure, along with a nonrefundable plan review fee, to the health officer for approval before the construction, remodeling, or alteration is begun. The health officer shall approve the plans and specifications if they meet the applicable requirements. If the plans and specifications do not meet all applicable requirements, the health officer shall reject the plans and provide the applicant a written explanation of the discrepancies between the applicable requirements and the existing plans and specifications. An applicant whose plans and specifications have been rejected may resubmit a revised set of plans and specifications for review. (b) The plans and specifications shall comply with this chapter and all other applicable laws, rules and regulations, including the Construction Code. The plans and specifications shall include, at a minimum, such elements as the proposed layout, arrangement, and construction materials of an aquatic structure and its components. One set of the approved plans and specifications shall be given to the owner or contractor responsible for the construction of the aquatic structure. A second set of approved plans and specifications shall remain on file with the health officer. (c) Any proposed change to the proposed layout, arrangement, and construction materials of an aquatic structure and its components after the first set of plans and specifications have been approved by the health officer shall be shown on revised plans and specifications which shall be submitted to and reviewed by the health officer. Upon approval prior to any work related to such elements, the approved changes shall be added to the original plans and specifications. (d) An aquatic structure may not be constructed so as to discharge its wastes into a sanitary sewer or other public drainage system unless such discharge is approved in writing by the health officer and the utility official. (e) All portions of the water distribution system of an aquatic structure shall be protected against backflow from the water into the city's water supply system. The fill line used to introduce water to the aquatic structure shall have a backflow device on the discharge side of the last gate valve or a six-inch air gap at the end of the fill line. The fill line shall not be connected directly to any of the piping or equipment of the circulation system. A fill line from the water supply to prime the pump shall not be allowed. (f) A pool or spa shall be equipped with approved drain covers. (g) The health officer shall inspect an aquatic structure that has been constructed, remodeled or altered prior to its operation to determine compliance with the approved plans and specifications and with all other applicable requirements. A preoperational inspection fee will be assessed in conjunction with the inspection of an aquatic structure. An aquatic structure that fails to pass this inspection may not be operated or used. (h) No permit shall be issued to or renewed for any aquatic structure for which outstanding fees are owed to the city. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011; Ord. No. 2021-1037, § 20(Exh. I.50), 12-1-2021, eff. 4-1-2022)

Houston Code of Ordinances § 43-10 Landlord/tenant.

Sec. 43-10. - Landlord/tenant. The terms of this chapter shall not be construed to alter the terms of any lease or other agreement between landlord and tenant relating to property that is subject to this chapter; provided, however, that no lease or other agreement between landlord and tenant relating to property that is subject to this chapter shall be construed to excuse compliance by any person with this chapter or any applicable state or federal law, rule or regulation regarding pool safety. (Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH43POSPSA_ARTIGEFetched: 10/26/2026