Definitions in Ordinance
Pool or swimming pool means any structure, basin, chamber, tank or other receptacle capable of containing an artificial body of water for the purpose of swimming, diving or recreational bathing and having a depth at any point of more than 18 inches, whether located at ground level, aboveground, belowground or indoors. Such terms shall include but not be limited to a permanent swimming pool, a permanent wading or reflection pool or a permanent hot tub or spa.
Private residential swimming pool means any swimming pool located on private property under the control of a single homeowner or his tenant, the use of which is limited to members of his family, the tenant's family and their invited guests.
Public swimming pool means any swimming pool, other than a private residential swimming pool, intended to be used collectively by numbers of persons for swimming or bathing, however owned or operated and regardless of whether a fee is charged for such use. Such term includes but is not limited to a swimming pool owned or operated incident to a multifamily dwelling project, nonprofit recreational facilities, hotels, as well as educational facilities.
Spa means a pool designed for recreational or therapeutic use or physiological or psychological relaxation that is not drained, cleaned and refilled for each user. Such pool includes but is not limited to hydrojet circulation, hot water or cold water mineral baths, air induction bubbles or any combination thereof. Common terminology for a spa includes but is not limited to therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot tub. Such spas are shallow in depth and not intended for swimming or diving . Such spas do not include pools or whirlpools in which no part of the human body is immersed or in which only human limbs are immersed.
Wading pool means any special purpose pool or receptacle set aside primarily for use by children.
For additional information, visit www.municode.com to review Chapter 18, Article XIII “Swimming Pools and Spas” of the City of Baytown Code of Ordinances.
For State law regarding all general requirements, please review Chapter 265 Standards for Swimming Pools and Spas.
For State law regarding enclosures, please review State law reference— <!--Comment Text (parent not a footnote)-->Enforcement, V.T.C.A., Health and Safety Code § 757.012
(Code 1967, § 28-1; Ord. No. 7721, § 1, 6-13-96)
Health and Safety Code, Section 341.064, Swimming Pools and Bathhouses
(These standards affect all non-residential pools/spas constructed prior to October 1999.)
Public Swimming Pool License
Sec. 18-1101. Required.
(a) It shall be unlawful to establish, maintain or operate a public swimming pool without first securing a public swimming pool license from the city's health department. Written application for such license must be filed with the health department. The application shall include but not be limited to sufficient information, as determined by the director of health, to identify the owners and operators of the public swimming pool, the location of such pool, the name and address of the person seeking the license, the date of construction of the pool and pool yard enclosure and any modifications thereto and all other information deemed necessary by the director of health.(b) Upon receipt of an application for a public swimming pool license, the director of health shall cause an investigation to be made of such public swimming pool to determine if the public swimming pool meets all applicable requirements of this article.
(c) If the inspection of an applicant's public swimming pool indicates compliance with the applicable requirements contained in this article, such applicant shall be issued a license, which shall be valid for a period until the following March 1. After the inspection, if the director of health determines the requirements of this article are not fully satisfied, such license shall be denied. If the license is denied, it shall be unlawful to continue the use of a public swimming pool until the requirements of this article are satisfied, as determined by the director of health, and the required license is obtained.
(Code 1967, § 28-5; Ord. No. 7721, § 1, 6-13-96)
Sec. 18-1102. Term; fees; transferability.
(a) A public swimming pool license shall be valid for a period of one year beginning on March 1 of each year and shall be renewable annually during the month of February. The license fee and annual license renewal shall be $100.00 per pool. All license fees shall be nonrefundable.
(b) Public swimming pool licenses shall be nontransferable.
(Code 1967, § 28-6; Ord. No. 7721, § 1, 6-13-96)
Sec. 18-1103. Inspection required.
(a) By the acceptance of the license for a public swimming pool, the licensee shall be deemed to authorize the inspection of his swimming pool at all reasonable hours. Failure to permit such inspection shall be grounds for suspension or revocation of the license.
(b) After each such inspection by the director of health, the result of the inspection will be communicated to the licensee. Any violation of this article shall be corrected within a time period specified by the director of health. If such violation is considered, in the opinion of the director of health, to be hazardous to the health and safety of the public, such license may be suspended immediately, without affording the licensee an opportunity to cure until the violation is corrected. It shall be unlawful to maintain or allow the use of a public swimming pool during such period of suspension.
|Related Forms and Documents|
|Public Swimming Pool and Spa License Application||PDF (1.8MB)|