(3) impose and collect a reasonable fee in connection with a permit or inspection required under this subsection provided, if the requirement is imposed by a county or municipality, the following are met: (A) the auditor for the county or municipality shall review the program every two years to ensure that the fees imposed do not exceed the cost of the program; and. (h) For purposes of Subsection (g), a system for labeling or color coding hydrants may include the assignment of different colors to identify hydrants that are available for direct pumping, hydrants that are available for filling a water tank on a fire truck used for fire suppression services, and hydrants that are unavailable for use by an entity providing fire suppression services in a fire emergency. Similarly, if you have questions about what can be built in a city or whether a building permit is needed for an upcoming project that will be located in a city, please call that city. TITLE 5. 304 (S.B. (c) The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated. 695 (H.B. Acts 1989, 71st Leg., ch. (h) 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. (i) A tourist court, hotel, inn, or rooming house that does not conform to this chapter is a public health nuisance. 1, eff. (b) The department may sue in a court of competent jurisdiction to compel compliance with a rule adopted under this section. Sept. 1, 1993. This chapter prescribes the minimum requirements of sanitation and health protection in this state and does not affect a home-rule municipality's authority to enact: (1) more stringent ordinances in matters relating to this chapter; or, (A) Section 5, Article XI, Texas Constitution; or. 383 (H.B. Sec. Acts 1989, 71st Leg., ch. Section 300f et seq.) April 2, 2015. (d) The department shall survey industrial establishments to study industrial health and sanitation issues, including water supplies and distribution, waste disposal, and adverse conditions caused by processes that may cause ill health of industrial workers. 821 (H.B. Sept. 1, 1989. In making any penalty decision, the commission shall consider each of the factors provided by Subsection (b). Pool inspectors check for storage of chemicals, chemical balance, water clarity, safety equipment, required signage, and depth markings. Sec. Capital improvements made with money from the account may not be considered as invested capital of the utility for any purpose. Don't make the mistake of overlooking pool permits as you begin pool planning. (e) The commission shall require a public utility in violation of a standard required under this section and established by the commission or by a municipality with a population of 1,000,000 or more and acting as a regulatory authority to comply with the standard within a reasonable time established by the commission. 3, Sec. The County's nuisance code prohibits the following within an unincorporated area neighborhood: the improper accumulation or visibile outside storage of such items as rubbish, garbage, vehicles, tires, and household appliances; the presence of high weeds; and the presence of unsafe structures. (d) A water supply system subject to notification or an order under this section, on written request, is entitled to an opportunity to be heard by the commissioners at a commission meeting. The drinking water shall be kept and dispensed in a sanitary manner. SANITATION OF BUS LINE, AIRLINE, AND COASTWISE VESSEL. 545 (H.B. June 15, 2007. 519 (S.B. Sec. APPOINTMENT OF ENVIRONMENTAL HEALTH OFFICER IN CERTAIN HOME-RULE MUNICIPALITIES. (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. APPROVED PLANS REQUIRED FOR PUBLIC WATER SUPPLIES. (d) Livestock may not be permitted to enter or remain in the wellhouse enclosure of a public drinking water supply system. Sec. Above ground parking structures are included in lot coverage calculations; 2. June 15, 2007. June 15, 2017. Natural bodies of water used for swimming. 1, eff. 1 (S.B. FEES. 341.014. 1468), Sec. Sec. 1, eff. 4170), Sec. The material and human excreta may not be deposited within 300 feet of a highway unless buried or treated in accordance with the instructions of the local health authority or the department. 353, Sec. Sec. (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. Acts 2007, 80th Leg., R.S., Ch. Pool inspectors check for storage of chemicals, chemical balance, water clarity, safety equipment, required signage, and depth markings. (B) Section 51.072 or 590.0001, Local Government Code. (f) A retail establishment is not required to make any physical changes to an employee toilet facility under this section. 3, Sec. Acts 2013, 83rd Leg., R.S., Ch. PENALTIES CUMULATIVE. Travis County Chapter 61, Abatement of Nuisances. 341.063. (c) Ice contaminated with sand, dirt, cinders, lint, or other foreign substance may not be sold or offered for sale for human consumption. Sept. 1, 1989. (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. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 341.034. September 1, 2009. Sept. 1, 1997. Sec. 9), Sec. 965, Sec. (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. 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. 1969), Sec. Chapter 247, Travis County Food Orders. (a) A person may not go on the platform covering the tanks in which ice is frozen in an ice factory unless the person is an officer, employee, or other person whose duties require that action. 341.066. 613 (H.B. CRIMINAL PENALTY. 6.21, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. (b) The standards adopted by the commission under Subsection (a) must assure that the use of graywater or alternative onsite water is not a nuisance and does not threaten human health or damage the quality of surface water and groundwater in this state. Health and Safety Code. A public drinking water supply system is responsible for complying with applicable regular reporting requirements regardless of whether the commission provides automatic reminders. SANITATION OF ICE PLANTS. (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. (h) Subsections (a)-(d) do not apply to the production, distribution, or sale of raw, untreated surface water. The permit application may be found here. 1468), Sec. 290 (H.B. (d) Except as provided by this subsection, an ordinance under Subsection (c) may not require a utility to build, retrofit, or improve fire hydrants and related infrastructure in existence at the time the ordinance is adopted. If your area has few swimming pools or has no water shortage concerns, your own city may not have such laws. (3) "Utility" includes a "public utility" and "water supply or sewer service corporation" as defined by Section 13.002, Water Code. DRINKING WATER SUPPLY COMPARATIVE RATING INFORMATION. Sec. 3.1639(72), eff. 1, eff. Because pool permit requirements vary between different counties and towns, leaving this step until the last minute can cause enormous problems. (d) Subsection (b) does not affect requirements for pool yard enclosure imposed under Chapter 757. The construction after September 4, 1945, of a public swimming pool or the construction after September 1, 2017, of an artificial swimming lagoon must conform to good public health engineering practices. It is the second-most populous county in Texas and the ninth-most populous in the United States. (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. (c) A person may not begin construction of a desalination facility that treats marine seawater for the purpose of removing primary or secondary drinking water contaminants unless the commission approves the construction of the facility. September 1, 2019. 11.14, eff. Acts 1989, 71st Leg., ch. 618, Sec. (d) The executive commissioner may adopt rules consistent with Subsection (c)(1) to define "facilities where the public congregates.". 3.0865, eff. September 1, 2017. 1013 (H.B. (c) Each public drinking water supply system shall provide an adequate and safe drinking water supply. (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. 606 (S.B. September 1, 2009. Sec. ABATEMENT OF NUISANCE. Sec. 1, eff. (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. CIVIL ENFORCEMENT. DISPOSAL OF HUMAN EXCRETA. (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. September 1, 2013. (d) The owner or manager of a water supply system furnishing drinking water to less than 25,000 persons shall submit to the commission during each monthly period of the system's operation at least one specimen of water taken from the supply for bacteriological analysis. Acts 2015, 84th Leg., R.S., Ch. (d) An owner or operator of a tourist court, hotel, inn, or rooming house who provides a gas stove for the heating of a unit in the facility shall determine that the stove is properly installed and maintained in a properly ventilated room. ADMINISTRATIVE PENALTY. 1, eff. Acts 1989, 71st Leg., ch. 341.067. PUBLIC BUILDINGS. (e) A person may not permit vacant or abandoned property owned or controlled by the person to be in a condition that will create a public health nuisance or other condition prejudicial to the public health. 1973), Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. All penalties accruing under this subchapter are cumulative of all other remedies, and a suit for recovery of any penalty does not bar or affect the recovery of any other penalty or bar any criminal prosecution against a person or any officer, director, agent, or employee of that person. (c) Each day of a continuing violation is a separate offense. September 1, 2009. w Acts 2013, 83rd Leg., R.S., Ch. (a) In this section, "direct potable reuse" means the introduction of treated reclaimed municipal wastewater either: (1) directly into a public water system; or. Sept. 1, 1997. (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. Sec. 341.082. June 16, 2015. Added by Acts 2007, 80th Leg., R.S., Ch. 11.14, eff. Dallas City Code Chapter 19 Health and Sanitation, Section 19-118 prohibits discharging filter backwash and pool water with a chlorine level of 1 mg/L or greater to the storm drain system. You can get CEUs from NEHA upon completing the lessons and final evaluation. (1) require that the owner or operator of a public swimming pool or of an artificial swimming lagoon within the jurisdiction of the county or municipality obtain a permit for operation of the public swimming pool or artificial swimming lagoon; (2) inspect a public swimming pool or an artificial swimming lagoon within the jurisdiction of the county or municipality for compliance with this section; and. ); and. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. June 17, 2015. (c) If a sanitary defect exists at the watering point, the commission shall issue a supplemental certification showing that the watering point is only provisionally approved. The unincorporated area regulations that the County enforces govern: all development within the floodplain; the subdivision of property; the installation of septic tanks; the condition of unincorporated area neighborhoods ; the construction and inspection of residential structures; (a) These regulations govern Public Swimming Pools and Spas in Shelby County as they may affect the public's health and safety. 1391), Sec. (3) "Drinking water" means water distributed by an individual or public or private agency for human consumption, for use in preparing food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages for, or consuming food or beverages by, human beings. Among other factors, the commission shall consider equity among persons required to pay the fees as a factor in determining the amount of the fees. (a) In this section, "hydrant" means: (A) has the appearance of a fire hydrant; and. (5) "Person" means an individual, corporation, organization, government, business trust, partnership, association, or any other legal entity. (h) The commission shall give notice of its decision to the person charged, and if the commission finds that a violation has occurred and the commission has assessed a penalty, the commission shall give written notice to the person charged of its findings, of the amount of the penalty, and of the person's right to judicial review of the commission's order. Clean vegetation and debris before draining. Sec. (a) In this section: (1) "Industrial district" has the meaning assigned by Section 42.044, Local Government Code, and includes an area that is designated by the governing body of a municipality as a zoned industrial area. 3.07, eff. (e) After adoption of an ordinance under Subsection (c), the municipality shall encourage any responsible emergency services district, as described by Chapter 775, to enter into a written memorandum of understanding with the utility to provide for: (1) the necessary testing of fire hydrants; and. Download PDF. Sept. 1, 1995. Acts 2015, 84th Leg., R.S., Ch. 341.031. Please take this short survey. Do not discharge copper-based or silver-based algaecides. 1086), Sec. (c) The commission shall assess residential areas in a municipality with a population of 1,000,000 or more to ensure that: (1) the regulatory authority for the area has adopted the standards required by this section; and. Aug. 12, 1991; Acts 1995, 74th Leg., ch. NUISANCE. Sec. (6) "Privy" means a facility for the disposal of human excreta. 341.0357. The commission may approve infrastructure improvements and make corresponding changes to the tariff or rate schedule of a utility that is a public utility as needed to permit compliance with this section. Acts 2015, 84th Leg., R.S., Ch. Sec. (5) is a noncommunity nontransient water system and the person has demonstrated financial assurance under Chapter 361 or 382 of this code or Chapter 26, Water Code. 219), Sec. (b-1) The commission by rule may adopt and implement rules providing for the inspection and annual testing of a graywater or alternative onsite water system by the commission. If the commission is required to give notice of a penalty under this subsection or Subsection (f), the commission shall file notice of its decision with the Texas Register not later than the 10th day after the date on which the decision is adopted. (a) The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by Section 341.035, that has a history of noncompliance with this subchapter or commission rules, or that is subject to a commission enforcement action to: (1) provide the executive director of the commission with a business plan that demonstrates that the system has available the financial, managerial, and technical resources adequate to ensure future operation of the system in accordance with applicable laws and rules; and. PROTECTION OF PUBLIC WATER SUPPLIES. (1) within the jurisdiction of a governmental entity that maintains its own system for labeling or color coding its hydrants; or. Aug. 12, 1991; Acts 1995, 74th Leg., ch. While Dallas County does not have the authority to enact zoning, it does have the authority to adopt various regulations for its unincorporated area (i.e., land that is not located within a city) which represents less than ten percent of the total land in Dallas County and which is primarily located in the County's southeastern corner. 648, Sec. (3) both injunctive relief and a civil penalty. 76, eff. Sec. 1, eff. (3) any other matters that justice requires. SUSTAINABLE DEVELOPMENT AND CONSTRUCTION DEPARTMENT . (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. 3), Sec. (f) Food offered for sale at a tourist court, hotel, inn, or rooming house shall be: (1) adequately protected from flies, dust, vermin, and spoilage; and. Denos su opinin sobre sus experiencias con las instalaciones, el personal, la comunicacin y los servicios del DSHS. (f) A public drinking water supply may not be connected to a sprinkling, condensing, cooling, plumbing, or other system unless the connection is designed to ensure against a backflow or siphonage of sewage or contaminated water into the drinking water supply. 34, eff. (c) Water in a public swimming pool or in an artificial swimming lagoon may not show an acid reaction to a standard pH test. (d) For purposes of Subsection (c)(2), a hydrant is unavailable for use in a fire emergency if it is unavailable for pumping directly from the hydrant or is unavailable for use in filling a water tank on a fire truck used for fire suppression services. CRIMINAL PENALTY. (a) A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that the nuisance exists. Dallas County. (2) the plans and specifications for the system. For questions related to floodplains in cities, you will need to contact the Floodplain Administrator of that city. 6.32, eff. 678, Sec. (a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours. 3.0859, eff. June 16, 2015. (a-1) The licensed operator of a water supply system may be a volunteer. If you are interested in using a septic tank on land that is not located in a city, please call the County's Health and Human Services Department at (214) 819-2115 and review the septic tank information that is available at the bottom of this page. (i-1) The executive commissioner by rule shall prescribe the amount of the fee the department may collect under Subsection (i). (a) In this section: (1) "Customer" means an individual who is lawfully on the premises of a retail establishment. 76, Sec. 341.0695. 1, eff. 6.20, eff. Sept. 1, 1997. (IGCC 2015), International Swimming Pool and Spa Code 2021 (ISPSC 2021), Accessible and Usable Buildings and Facilities, 2009, Standard for the Installation of . September 1, 2019. AUTHORITY OF HOME-RULE MUNICIPALITIES NOT AFFECTED. 87 (S.B. in the Unincorporated Areas of Dallas County will need a permit. The comptroller shall release money from the account in the manner provided by the commission. April 2, 2015. Sept. 1, 1989. Added by Acts 1993, 73rd Leg., ch. 678, Sec. 2031), Sec. 1, eff. (1) install plumbing in new housing in a manner that provides the capacity to collect graywater or alternative onsite water from all allowable sources; and. (a) Except as otherwise provided by Section 757.005, the owner of a multiunit rental complex with a pool or a property owners association that owns, controls, or maintains a pool shall completely enclose the pool yard with a pool yard enclosure. NFIP Program questions may be directed to: Federal Emergency Management Agency FRC 800 North Loop 288 Denton, Texas 76209-3698 Attn: Consultation Coordination Officer Tel: 940-898-5225, Contact Us | Help | Privacy Policy | ADA Statement. Amended by Acts 1995, 74th Leg., ch. (i) A county, a municipality, or the department may: (1) require that the owner or operator of an interactive water feature or fountain obtain a permit for operation of the water feature or fountain; (2) inspect an interactive water feature or fountain for compliance with this section; and. 8, eff. (C) a subdivision a majority of the lots of which are subject to deed restrictions limiting the lots to residential use. Amended by Acts 1997, 75th Leg., ch. * APPLICATION FEES: All fees are to be paid by check or money order. ) any other matters that justice requires of BUS LINE, AIRLINE, and depth.... 73Rd Leg., R.S., Ch 2 ) the licensed operator of a water supply may. 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