Enforcement

El Paso City Code tit. 9, ch. 9.48, art. IV

in effect

El Paso City Code § 9.48.150 Inspection.

9.48.150 - Inspection. A. The director, or designated representative, may enter any facility at reasonable times to inspect, enforce or investigate any unsafe condition or violation, or to perform any duty imposed under this chapter or chapter 5.32. The inspection may be conducted regardless of whether a previous inspection revealed compliance. If such facility is occupied, the director shall first present proper credentials and request entry permission. If unoccupied, the director shall make an effort to locate the owner or other person responsible for the premises to request entry permission. B. If such entry is denied or permission cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry. C. When the director obtains a legal inspection warrant or other remedy to secure entry, the owner, occupant or person having charge, care or control of the building or premises shall, upon a proper request, promptly permit the director entrance to inspect and investigate pursuant to this chapter. Failure to grant access shall constitute a violation of this chapter. D. For public swimming pools or public spas in violation of this chapter, the director of the department of environmental services shall issue a correction notice to the owner or operator regarding the violation(s). The owner or operator receiving a correction notice shall promptly remedy the violation, ask for a re-inspection by the director of the department of environmental services, and pay the re-inspection fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council. 1. For public swimming pools or public spas that are applying for a business license or a renewal license, a license shall not be issued or renewed and the facility shall not be used until the violation(s) have been satisfactorily corrected and approved by the director of the department of environmental services and all fees have been paid. 2. A re-inspection fee shall be paid for each re-inspection performed by the director of the department of environmental services. Such fees shall be paid prior to the scheduled date of re-inspection. E. The director shall provide written notice or copy of the inspection report to the owner or person in charge of the public swimming pool or public spa when a violation of any provision of this chapter is determined. Such notice or report shall include: 1. Name and address of the pool or spa; 2. Description of each violation; and 3. A specific, reasonable time period for correction of each violation as defined by the following categories: a. Category A violation — 24 hours to remedy violation. i. The water clarity is such that a five-inch diameter black circle on a white field cannot be seen at the deepest part of the public swimming pool or public spa. ii. The pH in a public swimming pool or public spa is less than seven or greater than seven and eight tenths. iii. The free available chlorine (residual) in a public swimming pool is less than one part per million (ppm) or greater than eight ppm; or the free available chlorine (residual) in a public spa is less than two ppm or greater than eight ppm. iv. The public spa temperature is greater than one hundred four degrees Fahrenheit. v. The public swimming pool temperature is greater than ninety-eight degrees Fahrenheit. vi. The suction outlet or main drain suction cover of a public swimming pool or public spa is missing, loose or broken. vii. The safety vacuum release system, automatic pump shutoff system, and/or anti-entrapment devices are missing or non-operational. b. Category B violation — 7 calendar days to remedy violation. i. Missing or non-functional safety equipment. ii. Failure to comply with depth marker requirements. iii. Failure to maintain proper documentation or daily log. iv. Inadequate or improper signage. c. Category C violation — 30 calendar days to remedy violation. i. Failure to comply with enclosure requirements. ii. Failure to comply with water and sewer system requirements. iii. Failure to comply with electrical requirements. iv. Failure to comply with mechanical ventilation requirements. v. Failure to provide an operating phone located within 200 feet of pool or spa. 4. A statement that the license is subject to suspension or revocation and that legal action may be taken for failure to comply with the notice; 5. A statement that the person receiving the notice may appeal by following the procedures provided in this chapter. (Ord. 16812 §§ 3 (part), 43 (part), 2007; Ord. 15238 § 1 (part), 2002) (Ord. No. 17272, § 8, 1-26-2010)

El Paso City Code § 9.48.160 Use prohibited.

9.48.160 - Use prohibited. Use of a public swimming pool or public spa that has been posted as closed for maintenance or closed by the director is prohibited. Such use shall constitute a violation of this chapter. (Ord. 16812 § 43 (part), 2007; Ord. 15238 § 1 (part), 2002)

El Paso City Code § 9.48.240 Seasonal closures.

9.48.240 - Seasonal closures. When a public swimming pool or public spa is closed for extended periods, the enclosure of such public pool or public spa shall be locked and prominently posted as being "closed." A closed public swimming pool or public spa shall be completely drained or shall be maintained with a sufficient disinfectant agent to prevent stagnation, growth of algae, breeding of mosquitoes or other pathogenic organisms. (Ord. 15238 § 1 (part), 2002)

El Paso City Code § 9.48.250 Suspension of licenses and closure by director.

9.48.250 - Suspension of licenses and closure by director. A. The director of the department of environmental services may order the immediate closure and suspend the license of a public swimming pool or public spa when any one of the following conditions exists: 1. Category A violation, as identified in this chapter; or 2. The public swimming pool or public spa does not have a current valid license; or 3. A violation not appearing on this list but appearing elsewhere in this chapter regarding public pool or spa health and safety and which has not been corrected within the number of days indicated on a written notice of violation. B. Failure to comply with the notice of closure may subject the public swimming pool or public spa to other enforcement provisions of this chapter. C. The director of the department of environmental services shall post the facility with a suspended license with the following sign at each entrance to the facility and in a prominent location within the pool/spa area: POOL/SPA CLOSED BY ORDER OF THE CITY OF EL PASO DEPARTMENT OF ENVIRONMENTAL SERVICES—NO SWIMMING—VIOLATIONS ARE SUBJECT TO PROSECUTION UNDER SECTION 9.48.260 OF THE EL PASO CITY CODE. D. A facility whose license has been suspended shall immediately cease further use until the owner or operator has satisfactorily corrected the violation(s) or condition(s), has passed inspection by the director of the department of environmental services and has been authorized in writing by the director of the department of environmental services that the license has been reinstated and that normal operations may resume. E. The director of the department of environmental services shall notify the permit official of all suspensions and reinstatements of licenses. F. The pool owner or operator whose license is suspended shall contact the director of the department of environmental services and request a re-inspection. After successfully passing the re-inspection as set forth in this chapter and after paying the appropriate re-inspection fee as identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by City Council, a closed public swimming pool or public spa may be reopened. (Ord. 16812 § 43 (part), 2007; Ord. 15238 § 1 (part), 2002) (Ord. No. 17272, § 9, 1-26-2010; Ord. No. 17392, § 6, 8-24-2010, eff. 9-1-2010)

El Paso City Code § 9.48.255 Revocation of licenses and closure by director.

9.48.255 - Revocation of licenses and closure by director. A. The director may order the immediate closure and revoke the license of a public swimming pool or spa when any one of the following conditions exists: 1. A public swimming pool or public spa continues to be open for business while its license is suspended; 2. An owner or operator or any employee of a public swimming pool or public spa has interfered with the director of the department of environmental services in the performance of official duties; or 3. The license for a public swimming pool or spa has been suspended for a health or safety issue within the preceding twelve calendar months and there is a failure to correct, within the time allotted, a hazard to public health or safety that was set out as a reason for most recent notice of suspension of the license. B. The director of the department of environmental services shall post the facility with a revoked license with the following sign at each entrance to the facility and in a prominent location within the pool/spa area: POOL/SPA CLOSED BY ORDER OF THE CITY OF EL PASO DEPARTMENT OF ENVIRONMENTAL SERVICES—NO SWIMMING—VIOLATIONS ARE SUBJECT TO PROSECUTION UNDER SECTION 9.48.260 OF THE EL PASO CITY CODE. C. A facility whose license has been revoked shall immediately cease further use until the owner or operator has secured a new license or the revocation is reinstated through an appeal. D. The director of the department of environmental services shall notify the permit official of all revocations and reinstatements of licenses. E. After a six month period from the date of revocation a public swimming pool or public spa with a revoked license may only be reopened after completing a new application and paying the appropriate application fee as identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by city council, and successfully passing the inspection, and as further described in Chapter 5.32 of the City Code. (Ord. No. 17272, § 10, 1-26-2010; Ord. No. 17392, § 6, 8-24-2010, eff. 9-1-2010))

El Paso City Code § 9.48.260 Violation and penalty.

9.48.260 - Violation and penalty. Any person violating any provision of this chapter shall upon conviction, be guilty of a misdemeanor and be punished by a fine not to exceed two thousand dollars. Each day the violation occurs shall constitute a separate offense. (Ord. 16812 § 48, 2007: Ord. 15238 § 1 (part), 2002)

El Paso City Code § 9.48.270 Appeals.

9.48.270 - Appeals. A. The owner or operator of the licensed public swimming pool or public spa that has been served with a suspension or revocation notice or that has been denied the issuance or renewal of a business license, may appeal the action of the director of the department of environmental services to the city manager. The owner or operator shall prepare a written appeal providing justification as to how the facility is in compliance with the City Code. Within ten business days of receipt of the written appeal from the owner or operator, the director of the department of environmental services shall prepare a report indicating the reasons for the suspension or revocation or the license denial, and shall provide a copy to the owner or operator. Such director's decision is final unless within ten calendar days from the date of receiving such director's report, the owner or operator files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to such director's report. B. The city manager or his designated deputy city manager shall review the report of the director of the department of environmental services and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within a reasonable period of time after the appeal has been filed. C. The city manager or designee shall sustain, reverse or modify the action of the director of the department of environmental services and shall notify the appellant of his decision in writing. The decision of the city manager or designee is final. (Ord. No. 17272, § 11, 1-26-2010)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.48PUSWPOSP_ARTIVENFetched: 10/28/2026