Industry Update

Industry UPDATE

POOL PERMITTING DEEP DIVE

Additional meetings with the city, including several attended by AAA Legislative Committee members, led to a new review of city policy and the implementation of new procedures.

By Paul Cauduro, AAA Director of Government Relationskey take aways

• The new procedures essentially eliminate the requirement for permit applicants to provide date of birth (DOB) and driver’s license (DL) information and property management employees no longer will be held responsible for swimming pool violations

After many meetings and inquires, the City of Austin has decided to implement new permitting policy and procedures when issuing annual pool permits. The new procedures essentially eliminate the requirement for permit applicants to provide date of birth (DOB) and driver’s license (DL) information and property management employees no longer will be held responsible for swimming pool violations.

This issue has been vexing apartment management companies for many years. When pressed to explain their policy of collecting DOB and DL information, the city insisted that personal information was being collected so that if criminal prosecution of a pool code violation was necessary the city would have a person to hold accountable and criminally prosecute. This position was maintained even after the Austin Apartment Association reminded

• Apartment properties owned by an individual owner or through a general partnership still will be required to provide a state-issued identification card number (e.g., a driver’s license number) and a date of birth for the “Responsible Party” identified on the city’s application form

Read about AAA’s Current issues at austinaptassoc.com/currentissue.

• If the registered agent of the facility in violation fails to appear in court as summoned, the city will close the pool-spa facility until that case is resolved in court. application form

the city that Texas law holds that an individual, who has been retained by the owner of real property, whether as an employee or a fee manager, is

not personally liable, in most circumstances, for criminal or civil penalties resulting from a violation of a county or municipal ordinance. What’s more, the AAA reminded the city, any pool code violation was not a penal code crime that would ever lead to criminal proceedings.

Additional meetings with the city, including several attended by AAA Legislative Committee members, led to a new review of city policy and the implementation of new procedures. Moving forward, when properties are owned by a corporation, a limited liability corporation (LLC), or a limited company (LC), all applications for swimming pool and spa permits must provide a current copy of the entity’s Texas Secretary of the State filing information containing, at minimum, the entity’s mailing address, Texas Taxpayer Number, Right to Transact Business in Texas, State of Formation, Effective SOS Registration Date, Texas SOS File Number, the names of all registered agents, and the street addresses of all registered offices. Apartment properties owned by an individual owner or through a general partnership still will be required to provide a state-issued identification card number (e.g., a driver’s license number) and a date of birth for the “Responsible Party” identified on the city’s application form.

For any pool-spa regulatory

shutterstock

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enforcement cases filed in a court of law, if the registered agent of the facility in violation fails to appear in court as summoned, the city will close the poolspa facility until that case is resolved in court. What remains the same is that regardless of whether the apartment ownership is an individual or corporation, the city will act to close a poolspa facility at any time when a facility poses an immediate public safety hazard. If you have any questions about the pool code, you are encouraged to contact any one of AAA’s well-qualified pool service vendor members for guidance. If you have any questions or concerns regarding the city pool permitting procedures, please contact AAA staff.

Williamson County Pool Permit Program

key take aways

• As part of their charge the WCCHD has decided to enforce the state laws and rules concerning public swimming pools, spas, artificial swimming lagoons, interactive water features and fountain and pool yard enclosures.

• Any apartment pools in the cities of Cedar Park and Round Rock will fall under the WCCHD pool inspection and permitting program. Any pools in those areas of Cedar Park and Round Rock that actually lie in Travis County would still fall under the WCCHD program.

The Williamson County and Cities Health District (WCCHD) is an organization that provides public health services to the public such as preventing disease, ensuring access to safe food and water, immunizations, and preparing for and responding to health emergencies. The agency was known as the Williamson County Health

Department until 1989 when it was organized as a health district, a separate governmental entity under Texas law.

As part of their charge the WCCHD has decided to enforce the state laws and rules concerning public swimming pools, spas, artificial swimming lagoons, interactive water features and fountains and pool yard enclosures. Heretofore, swimming pools have not been inspected and permitted in Williamson County. When implemented, any apartment pools in the cities of Cedar Park and Round Rock will fall under the WCCHD pool inspection

and permitting program. Any pools in those areas of Cedar Park and Round Rock that actually lie in Travis County would still fall under the WCCHD program.

The program proposed by the WC- CHD looks like most other municipal pool permitting programs that govern apartment pools throughout Texas. Tentative plans call for a $230 permit fee, which is also in line with existing programs. However, a few troubling aspects of the program will be the focus of AAA’s advocacy actions prior to full implementation.

The primary concern is the proposed program requires the actual permit applicant completes one of four

swimming pool operator training and certifications such as the National Recreation and Park Association Aquatic Facility Operator (A.F.O.) or the National Swimming Pool Foundation Certified Pool-Spa Operator (C.P.O.). AAA will seek to have the program simply require that someone responsible for the pool operations, and not the actual person who physically obtains the permit, hold the pool operator certificate since this will still ensure resident safety and public health without altering property management procedures.

The other program concern is there will be only one person in this Williamson County district responsible for pool permit inspections. It is estimated that half of the nearly 300 pools to be governed by the WC- CHD are apartment property pools. The other pools include hotel, health club and neighborhood pools.

The time table for program implementation is likely this fall.

Possible Changes to City of Austin’s Recycling Requirements

The Austin Zero Waste

Advisory Commission (ZWAC) has determined that residents in multifamily (MF) properties do not have the same access to recycling because, among other reasons, the bin capacity set for MF properties is too low and quickly fill to capacity and, once at capacity, MF residents simply discard their recycling material in the trash bin.

In response to the perceived capacity shortfall, tentative plans call for an increase to the recycling bin capacity size from 6.4 gallons per dwelling unit to 24 gallons per unit or an equal 1:1 ratio of landfill trash to recycling capacity. ZWAC would also like to begin an organic waste pilot program to study how organic waste collections could be implemented at (Continued on page 14)

In response to the perceived capacity shortfall, tentative plans call for an increase to the recycling bin capacity size from 6.4 gallons per dwelling unit

SEPTEMBER / OCTOBER / 13

(Continued from page 13) MF properties. Currently, organic waste collection reaches 95,000 single family homes.

Figures released by the city show that 20% of all apartment communities meet the 24-gallon standard. This figure is based on the recycling plans submitted to the city in compliance with the Zero Waste Ordinance. At a meeting with City of Austin Resource Recovery staff, AAA members

outlined the limitations they have with bin corral sizes and the costs associated with increasing the corral size (in addition to the potential loss of parking spaces). AAA members also talked with city staff about the high contamination rates and the costs associated with bin contamination and how larger bins will do nothing to alleviate contamination.

The ZWAC will likely send their program change recommendation

to the city council before the end of the year. Properties are encouraged to contact AAA staff to discuss their challenges with the current recycling ordinance and share their concerns with increasing recycling bin capacity. Also, if you are currently implementing any innovative program onsite to encourage recycling or help eliminate recycling material contamination, please share your experience with AAA staff.

Enjoying a picnic along Shoal Creek, c. 1966

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