SECTION 15.15. Criteria for Determining Health and Safety Hazards Associated with Structures on the Public Beach

(a) The term "structure" as used in this section has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier, or hazard on the public beach.

(b) In consideration of whether a structure on the public beach constitutes an imminent hazard to safety, health, or public welfare, the Commissioner of the General Land Office may consider public complaints, referrals from local government or state health and safety regulatory officials or site investigations by staff of the General Land Office that demonstrate the hazard to safety, health, or public welfare.

(c) An imminent hazard to safety, health or public welfare exists if the condition of the structure creates a probability of an individual coming into contact with any part of the structure or its related components and injury, illness, or disability is reasonably certain as a result of that contact or the condition of the structure and its related components creates a public nuisance.

(d) Examples of imminent hazards to safety, health, or public welfare include, but are not limited to:

(1) leaking sanitary sewer or septic systems;

(2) general unsanitary conditions;

(3) damaged structures;

(4) eroded foundations;

(5) structures with protrusions;

(6) debris on the beach, including material that is sharp or abrasive or that presents cutting, piercing, or tripping hazards;

(7) improperly managed waste and unmarked liquids;

(8) electrical shock hazards;

(9) utility services not in compliance with local codes; and

(10) interference with local government cleaning and maintenance activities, storm preparation and prevention, emergency response, or government erosion response projects.

Source Note: The provisions of this §15.15 adopted to be effective January 31, 2010, 35 TexReg 489