Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING CHAPTER 150, SECTION 150.20 (ENTITLED "SWIMMING POOLS") OF THE CITY OF PFLUGERVILLE'S CODE OF MUNICIPAL ORDINANCES BY PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES "STANDARDS FOR PUBLIC SWIMMING POOLS AND SPAS" AS PRESCRIBED IN TEXAS ADMINISTRATIVE CODE, TITLE 25; PROVIDING FOR PERMITTING AND INSPECTIONS; PROVIDING FOR ADMINISTRATIVE PROCEDURES FOR THE CITY TO CORRECT DEFECTIVE POOL ENCLOSURES; PROVIDING FOR A PENALTY NOT TO EXCEED $2000 PER OFFENSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary
This ordinance requires the annual health inspection of public swimming pools in accordance with the regulations of the Texas Department of State Health Services. There are twelve public swimming pools located in the city including apartment pools, subdivision pools and commercial pools such as the swimming pools at the 24 Hour Fitness location. The City of Pflugerville owns three public pools and the The Falcon Pointe Splash Pad, a Public Interactive Water Feature (PIWF), which will be included in these permits and inspections. The inspections will consist of sanitation and safety provisions of the state code including chemical levels, pump and filter functionality, water quality, and signage.
Last year the city contracted with Bureau Veritas North America to review plans and inspect the food establishments in the city. The same process will be utilized to implement the Swimming Pool Ordinance. City staff will administer the ordinance and Bureau Veritas will conduct the inspections and plan reviews for new construction. The Master Professional Services Agreement between the City of Pflugerville and Bureau Veritas North America, executed in December, already includes the swimming pool permitting and inspection provisions, so an amendment to the agreement is not necessary.
Public swimming pools in the City's extraterritorial jurisdiction (ETJ) are inspected by the Austin/Travis County Health and Human Services Department.
The City Attorney has reviewed and approved the ordinance as to form.
This ordinance was approved on first reading on March 12, 2013.
Status
Upon approval of the ordinance, staff will notify the owners of record of the facilities about the permits, fees and inspections. Resolution RES-0130 establishing the fee schedule was approved on March 12, 2013.
Deadline for City Council Action
Staff is requesting approval on second and final reading on March 26, 2013 in order to prepare for the summer swim season.
Fiscal Impact
Bureau Veritas charges $200.00 per annual public swimming pool permit. The fiscal impact to the City of Pflugerville will be $800.00 annually, for the permits for the three swimming pools and the PIWF.
Staff Recommendation
Approve the ordinance on second and final reading.
Drafter
Trey Fletcher
Assistant City Manager