ADMINISTRATIVE PENALTY. 341.0695. The commission may also use the fees to cover any other costs incurred to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under the statutes listed in Section 5.701(q), Water Code. (2) comply with and adopt by reference a version of the International Swimming Pool and Spa Code, as defined by Section 214.103, Local Government Code, that is not older than the version in effect on May 1, 2019, regarding all construction, alteration, renovation, enlargement, and repair of commercial swimming pools and spas. Section 300f et seq.). 383 (H.B. (c) Waste products, offal, polluting material, spent chemicals, liquors, brines, garbage, rubbish, refuse, used tires, or other waste of any kind may not be stored, deposited, or disposed of in a manner that may cause the pollution of the surrounding land, the contamination of groundwater or surface water, or the breeding of insects or rodents. Dallas Board of Adjustment approval for location in a set back. Acts 2013, 83rd Leg., R.S., Ch. 1146), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. 87 (S.B. 341.064. Sec. (g) An owner, manager, or agent of a tourist court, hotel, inn, or rooming house may not rent or furnish a unit to a person succeeding a previous occupant before: (2) providing clean and sanitary sheets, towels, and pillowcases. Acts 1989, 71st Leg., ch. RULES FOR SANITATION AND HEALTH PROTECTION. A civil penalty under this section may not be less than $10 or more than $200 for each violation and for each day of a continuing violation. Sept. 1, 1997. Acts 1989, 71st Leg., ch. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person: (1) violates a provision of Section 341.031; (2) violates a provision of Section 341.032(a) or (b); (3) violates a provision of Section 341.033(a)-(f); (4) constructs a drinking water supply system without submitting completed plans and specifications as required by Section 341.035(c); (5) begins construction of a drinking water supply system without the commission's approval as required by Section 341.035(a); (6) violates a provision of Section 341.0351 or 341.0352; (7) fails to remove a sign as required by Section 341.0354; or. (a) Public drinking water must be free from deleterious matter and must comply with the standards established by the commission or the United States Environmental Protection Agency. (2) provide adequate financial assurance of the ability to operate the system in accordance with applicable laws and rules in the form of a bond or as specified by the commission. Sec. 11.16, eff. Sec. 6.20, eff. June 15, 2007. (a) In this section: (2) "Municipal utility" means a retail public utility, as defined by Section 13.002, Water Code, that is owned by a municipality. Texas has rules for semi-public and public pools. 6.21, eff. (d) A public bathhouse and its surroundings shall be kept in a sanitary condition at all times. 76, Sec. 11.14, eff. Sec. If you would like to build a commercial structure in the area outside of a city, please call the County Fire Marshal at (214) 653-7971 and review the County's commercial fire code that is available below. Each day of a continuing violation may be considered a separate violation. 11.13, eff. Acts 2015, 84th Leg., R.S., Ch. LICENSING AND REGISTRATION OF PERSONS WHO PERFORM DUTIES RELATING TO PUBLIC WATER SUPPLIES. (c) The commission by rule shall establish standards for adoption by a municipality under Subsection (b). Acts 2015, 84th Leg., R.S., Ch. Public swimming pool or spa means a pool of water 24 inches or greater in depth, located either indoors or outdoors, intended for use for swimming or water related recreation that does not serve only a single-family home or a duplex. 678, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (f) A person known to be or suspected of being infected with a transmissible condition of a communicable disease shall be excluded from a public swimming pool and from an artificial swimming lagoon. Don't make the mistake of overlooking pool permits as you begin pool planning. (b-2) A person who installs and maintains rainwater harvesting systems that are connected to a public water supply system and are used for potable purposes must be licensed by the Texas State Board of Plumbing Examiners as a master plumber or journeyman plumber and hold an endorsement issued by the board as a water supply protection specialist. 341.031. Section 341.0645 - Pool Safety. Acts 2011, 82nd Leg., R.S., Ch. 341.019. Download PDF. Alabama Baldwin County Alaska City of Anchorage Arizona Cochise County Maricopa County Pima County Arkansas California Los Angeles County Sept. 1, 1997. 3, eff. 678, Sec. (3) both injunctive relief and a civil penalty. 3.07, eff. This subsection does not waive a municipality's immunity under Subchapter I, Chapter 271, Local Government Code, or any other law and does not create any liability on the part of a municipality or utility under a joint enterprise theory of liability. Sept. 1, 1991; Acts 1997, 75th Leg., ch. Acts 1989, 71st Leg., ch. DEFINITIONS. 341.0356. (e) The public water supply system may not resume operations until the commission, the executive director, or a court authorizes the resumption. 3391), Sec. Sec. (2) "Eligible medical condition" means Crohn's disease, ulcerative colitis, irritable bowel syndrome, or any other permanent or temporary medical condition that requires immediate access to a toilet facility. 3.0859, eff. * APPLICATION FEES: All fees are to be paid by check or money order. 1, eff. Additionally, Dallas County participates in the Trinity Common Vision Program. If the department does not approve or reject the method in accordance with this subsection, the person who made the request may file an action to compel the department to approve or reject the method or to show good cause for an extension of time to make a determination. 3, Sec. The information below is from City of Dallas Stormwater Management, 214-948-4022. Dallas County. 341.017. As of the 2010 census, the population was 2,368,139. (e) A building custodian or janitor employed full-time shall know the fundamentals of safety and school sanitation. 3, Sec. (a) In this section, "hydrant" means: (A) has the appearance of a fire hydrant; and. 880, Sec. (b) A person who causes, suffers, allows, or permits a violation under this subchapter shall be assessed a civil penalty of not less than $50 and not more than $5,000 for each violation. Sec. The commission shall certify each watering point that meets those standards. Sept. 1, 1995. 1, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. (b) Food and beverages sold in a fairground, public park, or amusement center shall be: Sec. 1010, Sec. (h) A person known to be or suspected of being infected with a transmissible condition of a communicable disease shall be excluded from an interactive water feature or fountain. 76, Sec. Residential Swimming Pools; 2. (b) The governing body of a municipality by ordinance may adopt standards set by the commission under Subsection (c) requiring a utility to maintain a minimum sufficient water flow and pressure to fire hydrants in a residential area located in the municipality or the municipality's extraterritorial jurisdiction. . 76, Sec. (c) The owner or manager of a water supply system furnishing drinking water to at least 25,000 persons shall have the water tested at least once daily to determine its sanitary quality and shall submit monthly reports of the tests to the commission. 1.024, eff. 341.048. 678, Sec. A rainwater harvesting system that meets the requirements of this subsection is considered connected to a public water supply system only for purposes of compliance with minimum water system capacity requirements as determined by commission rule. Sept. 1, 1995. (b) An offense under Subsection (a) is a Class C misdemeanor. (B) a sufficient water pressure not in excess of 20 pounds per square inch; (2) must require a utility to maintain at least the sufficient water flow and pressure described by Subdivision (1) in fire hydrants in a residential area or an industrial district located within the municipality or the municipality's extraterritorial jurisdiction; and. (e) The department shall give each surveyed establishment a summary of the studies and findings under Subsection (d) and make necessary recommendations for the adequate protection of the health, safety, and well-being of the workers. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 1732), Sec. TITLE 5. Pool owners operating a pool/spa without a permit are subject to having the pool/spa closed and being issued a citation. It is the second-most populous county in Texas and the ninth-most populous in the United States. April 2, 2015. 341.03585. The penalty shall not be less than $50 and not more than $5,000 for each violation. (i) Civil penalties recovered in a suit brought under this section by a county or municipality through its own attorney shall be equally divided between: (j) The state is entitled to civil penalties recovered in a suit instituted by the attorney general. (g) Notwithstanding any provision of Chapter 101, Civil Practice and Remedies Code, to the contrary, a utility is not liable for a hydrant's or metal flush valve's inability to provide adequate water supply in a fire emergency. The City of Dallas regulates and inspects commercial pools, health club pools, hotel/motel pools and institutional pools. (2) "Restroom" means toilet, chemical toilet, or water closet. Por favor, responda a esta breve encuesta. (f) A person may use, maintain, and repair a pool or spa that was in compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and plumbing systems in accordance with the laws applicable to the pool or system on that date. September 1, 2013. 341.0357. Code regulations are consolidated by state and city for easier navigation. Notwithstanding any provision of Chapter 101, Civil Practice and Remedies Code, to the contrary, a public water system is not liable for a hydrant's inability to provide adequate water supply in a fire emergency. Sec. 392 (H.B. The term includes water supplied for human consumption or used by an institution catering to the public. (4) "Retail establishment" means a place of business open to the general public for the sale of goods or services. Email: Lissa.Shepard@dallascounty.org, should you have any technical questions. Please see the NEHA EHS Website: Pool Inspection Training Contact Information Email: PHSCPS@dshs.texas.gov Phone: 512-834-6788 3.0860, eff. 1010, Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (2) a municipality, including any industrial district within the municipality or its extraterritorial jurisdiction, with a population of more than 11,000 and less than 18,000 located in a county with a population of more than 125,000 and less than 230,000. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. (b) The executive commissioner shall adopt by rule pool safety standards necessary to prevent drowning. Your pool builder in Dallas, TX will finish this process in about two days. (b) A public official, agent, or employee charged with the enforcement of health, environmental, or safety laws may enter the premises described by Subsection (a) at a reasonable time to inspect, investigate, or abate the nuisance. PROTECTION OF PUBLIC WATER SUPPLIES. Sec. Sept. 1, 1989. Sept. 1, 1997. 500 Elm Street, Suite 6100. Sec. (a) Notwithstanding any other law, a municipality, county, or other local health authority may abate, without notice, a public health nuisance under Section 341.011(7) that: (1) is located on residential property that is reasonably presumed to be abandoned or that is uninhabited due to foreclosure; and. Each of the following is a public health nuisance: (1) a condition or place that is a breeding place for flies and that is in a populous area; (2) spoiled or diseased meats intended for human consumption; (3) a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition; (4) a place, condition, or building controlled or operated by a state or local government agency that is not maintained in a sanitary condition; (5) sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons; (6) a vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents; (7) a collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for mosquitoes that can transmit diseases regardless of the collection's location other than a location or property where activities meeting the definition of Section 11.002(12)(A), Water Code, occur; (8) a condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment; (9) a place or condition harboring rats in a populous area; (10) the presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public; (11) the maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies; and. (2) "Regulatory authority" has the meaning assigned by Section 13.002, Water Code. Sec. (b-3) A person who intends to use a public water supply system as an auxiliary water source must give written notice of that intention to the municipality in which the rainwater harvesting system is located or the owner or operator of the public water supply system. Dallas County is a county located in the U.S. state of Texas. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 3, eff. Sept. 1, 1989. The prosecuting attorney: (1) shall immediately institute proceedings to abate the public health nuisance; or. 341.037. Sec. (i) An owner, agent, manager, operator, or other person in charge of a public water supply system that furnishes water for public or private use or a wastewater system that provides wastewater services for public or private use shall maintain internal procedures to notify the commission immediately of the following events, if the event may negatively impact the production or delivery of safe and adequate drinking water: (1) an unusual or unexplained unauthorized entry at property of the public water supply or wastewater system; (2) an act of terrorism against the public water supply or wastewater system; (3) an unauthorized attempt to probe for or gain access to proprietary information that supports the key activities of the public water supply or wastewater system; (4) a theft of property that supports the key activities of the public water supply or wastewater system; or. 1768), Sec. Acts 1989, 71st Leg., ch. (A) an area designated as a residential zoning district by a governing ordinance or code or an area in which the principal land use is for private residences; (B) a subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face; or. Sec. (b) In determining the amount of the penalty, the commission shall consider: (1) the nature of the circumstances and the extent, duration, and gravity of the prohibited acts or omissions; (2) with respect to the alleged violator: (A) the history and extent of previous violations; (B) the degree of culpability, including whether the violation was attributable to mechanical or electrical failures and whether the violation could have been reasonably anticipated and avoided; (C) the person's demonstrated good faith, including actions taken by the person to correct the cause of the violation; (D) any economic benefit gained through the violation; and, (E) the amount necessary to deter future violation; and. (2) design and install a subsurface graywater or alternative onsite water system around the foundation of new housing in a way that minimizes foundation movement or cracking. In making any penalty decision, the commission shall consider each of the factors provided by Subsection (b). June 14, 2013. (e) The commission shall establish a system to provide automatic reminders to public drinking water supply systems about regular reporting requirements applicable to the systems under the federal Safe Drinking Water Act (42 U.S.C. (f) The executive commissioner may by rule adopt methods other than chlorination for the purpose of disinfecting interactive water features and fountains. (e) An owner, operator, or manager of a tourist court, hotel, inn, or rooming house shall maintain sanitary appliances located in the facility in good repair. SCHOOL BUILDINGS AND GROUNDS. w 905), Sec. SANITATION AND ENVIRONMENTAL QUALITY, CHAPTER 341. 1086), Sec. September 1, 2019. 332 (H.B. 965, Sec. Added by Acts 1997, 75th Leg., ch. 2, eff. (b) A civil or administrative penalty payable to the state that is collected from a utility for a violation of this subchapter shall be deposited in the account. The amount of the fees must be sufficient to cover the reasonable costs of administering the programs and services in this subchapter or the federal Safe Drinking Water Act (42 U.S.C. w . (g) A clear water reservoir shall be covered and be of a type and construction that prevents the entrance of dust, insects, and surface seepage. September 1, 2009. (C) from sinks used for food preparation or disposal. (a) Human excreta in a populous area shall be disposed of through properly managed sewers, treatment tanks, chemical toilets, or privies constructed and maintained in conformity with the department's specifications, or by other methods approved by the department. 467 (H.B. 76, Sec. Sec. 18, eff. 2.28, eff. (d) Not later than the 10th day after the date on which the preliminary report is issued, the executive director of the commission shall give written notice of the report to the person charged with the violation. 1010, Sec. 341.03571. 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