25 TAC §§265.181-265.207
The Texas Department of Health (department) adopts new §§265.181-265.207
concerning standards for new and existing public swimming pools and spas.
Sections 265.181-265.187, 265.189, 265.190-265.195, 265.197-265.201, 265.203,
and 265.205-265.207 were adopted with changes to the proposed text as published
in the December 4, 1998, issue of the
Texas Register
(23 TexReg 12090). Sections 265.188, 265.196, 265.202, and 265.204
are adopted without changes, and therefore the sections will not be republished.
The new rules implement Minimum Standards of Sanitation and Health Protection
Measures, Texas Health and Safety Code, Chapter 341, §341.064(a) and
(g), which requires public swimming pools and spas to be maintained in a sanitary
condition and construction and appliances of public swimming pools to be such
as to reduce to a practical minimum the possibility of drowning or injury
to bathers. The new sections will update the requirements concerning public
swimming pools in the state and address general provisions; plans and permits;
general and structural design; dimensional design; deck and deck equipment;
circulation systems; filters; pumps and motors; return inlets and suction
outlets; surface skimmer systems; electrical requirements; heaters; water
supply; waste water disposal; disinfectant equipment; safety; dressing facilities
for Class A and B public pools; fencing; operation and management; chemical
operating parameters; and spa construction, operation and maintenance.
The following comments were received concerning the proposed sections.
Following each comment is the department's response and any resulting change(s).
Comment: Concerning §265.181(b)(2)(B), a commenter requested that
wording be added to clarify that a pool or spa operated "exclusively" for
therapeutic purposes is exempt from the regulations.
Response: The department agrees and has made the requested change.
Comment: Concerning §265.182(94), the definition of "pool", a commenter
was concerned that a number of smaller pools would not be included as a result
of the size exclusion.
Response: The department agrees and has deleted the size exclusion, since
under state law these pools are not excluded.
Comment: Concerning §265.185(h)(2), a commenter pointed out that the
point of the first slope change may occur in less than five feet of water
and recommended that this section be changed to reflect this possibility.
Response: The department agrees and has modified this section.
Comment: Concerning §265.185(l)(1), the department received a comment
that the maximum seat width for under water seat benches could be reduced
and still provide sufficient seat width.
Response: The department agrees and has modified this section accordingly.
Comment: Concerning §265.187(c), a commenter requested that, in lieu
of the color-coding of exposed pool and spa piping, labeling for function
and direction of flow be allowed.
Response: The department agrees and has modified this section.
Comment: Concerning §265.190(c)(2), a commenter requested that, a
paragraph be added which states a methodology that might be used to prevent
entrapment.
Response: The department agrees and has added a paragraph along with other
revisions to this subsection to help clarify this issue.
Comment: Concerning §265.190(c)(4)(C), a commenter requested that,
a paragraph be added which states what action shall be taken if a suction
system is changed after it is upgraded.
Response: The department agrees and has added a subparagraph to clarify
this issue.
Comment: Concerning §265.191(c)(5), one commenter recommended that
skimmers be capable of handling 100% of the flow to help prevent possible
entrapment.
Response: The department agrees and has made the requested change.
Comment: Concerning §265.191(c)(8), a commenter recommended that the
department include a statement which clarifies that equalizer fittings are
necessary for surface skimmers as required by NSFI-50.
Response: The department agrees and has added new §265.191(c)(8) to
clarify this issue.
Comment: Concerning §265.199(d), a commenter suggested that the "NO
DIVING" signs on the deck be recommended for water depths greater than six
feet.
Response: The department agrees and has expanded this subsection to include
the recommendation.
Comment: Concerning §265.199(f)(1), a commenter requested clarification
regarding lifeguarding requirements at Class C pools.
Response: The department agrees and has added clarifying language and deleted
a phrase that recommended lifeguards when pools reach 75% since this is to
general of a statement to cover all conditions that may exist.
Comment: Concerning §265.199(f)(2)(F), a commenter requested clarification
regarding emergency procedure training.
Response: The department agrees and has added language that clarifies types
of emergency situations that lifeguard training needs to address.
Comment: Concerning §265.200(a), a commenter is concerned that three
strands of wire mounted on a 45 degree arm projecting outward, at the top
of a vertical seven foot chain link fence, would be required on all fences
for new Class A and B pools and that this requirement would be inappropriate
for other type of fences such as wrought iron, welded rod, metal panel, wooden
board, PVC, etc.
Response: The three strands of wire is required on a chain link fence because
the links provide a toe or hand hold that will allow this type of fence to
be climbed. Another type of fence construction that does not provide toe and
hand holds would not need the three strands of wire mounted on a 45 degree
arm projecting outward, if the fence does not provide toe or foot holds for
a vertical seven foot distance. This proposed section states that such a fence
or comparable non-scalable barrier providing equivalent access control is
authorized. The department has rewritten this subsection to help clarify these
issues.
Comment: Concerning §265.200(c)(2)(A), one commenter is concerned
that this section does not clearly require that gates be latched when a pool
or spa is not being used.
Response: The department agrees and has modified the language accordingly.
Comment: Concerning §265.200(c)(2)(A), several comments have been
received concerning the test that a gate or door be self-closing and latch
from its fully open position to a position where the gate is open six inches
from the fully closed position. Comments ranged from the recommendation that
gates or doors be self-closing and latch from where the gate or door is resting
on the latch to the fully open position and from the one foot open position
to the fully open position.
Response: Department staff consulted with the fencing industry, commenters,
and regulatory personnel to determine capability of fencing hardware and evaluate
regulatory practices regarding testing of gates in use. As a result of the
review of these issues and the fact that parties with competing interests
are proposing solutions both more stringent and less stringent than the current
testing method it is felt that the current proposal is a good compromise and
no change was made as a result of these comments.
Comment: Concerning §265.201(g), a comment was received that this
subsection should also apply to hotels and motels.
Response: The department agrees and revised this subsection accordingly.
The following groups and associations made comments for and against the
rules.
A staff member of Tarrant County Health Department was generally in favor
of the rules, but offered a comment for clarification purposes, and suggested
clarifying language concerning a specific provision in the rules.
The president of the Save A Life - Prevent a Drowning organization was
generally in favor of the rules, but offered recommendations regarding changes
concerning gate closure, latching and testing of gates.
The Texas Apartment Association generally favored the rules, but was particularly
concerned regarding several rules relating to entrapment; gate closure; and
latching and testing of gates. In addition, the association requested clarification
of several gate issues relating to Health and Safety Code, Chapter 757 state
statute for pool enclosures for multi-unit apartment complexes but subsequently
withdrew this request.
The Texas Association of Campground Owners agreed in principle with the
assertions of the Texas Apartment Association and requested a public hearing
which has subsequently been withdrawn.
The Texas Hotel and Motel Association requested a public hearing and had
comments regarding the prohibition of chain link fences and gate closures.
They have subsequently withdrawn their concerns.
The Texas Recreational Vehicle Association agreed in principle with the
comments made by the Texas Apartment Association and requested a public hearing.
They have subsequently withdrawn the request for a hearing.
The Texas Manufactured Housing Association requested a public hearing echoing
the concerns of the Texas Apartment Association; however, has subsequently
withdrawn the request for a hearing.
The comments on the proposed rules received by the department during the
comment period were submitted by individuals or individuals representing political
subdivisions of the state. The commenters were neither for nor against the
rules in their entirety; however, they raised questions, offered comments
for clarification purposes, and suggested clarifying language concerning specific
provisions in the rules.
The department is making the following minor changes due to staff comments
to clarify the intent and improve the accuracy of the sections.
Change: Concerning §265.181(b)(4), the department rephrased and included
additional clarifying language regarding applicability of these rules for
new and existing pools and spas.
Change: Concerning §265.181(b)(5), the department deleted extraneous
language in this paragraph.
Change: Concerning §265.181(d), the department added a subsection
to help clarify how operational standards should apply.
Change: Concerning §265.181(e), the department added a subsection
to help clarify how construction standards should apply.
Change: Concerning §265.182(12), the department replaced a telephone
number that had changed.
Change: Concerning §265.182(52), the department made a format change
to this definition.
Change: Concerning §265.182(71), the department rephrased and included
additional clarifying language regarding local regulatory authorities.
Change: Concerning §265.182(74), the department added an abbreviation
and relocated this definition so that it would be properly alphabetized.
Change: Concerning §265.182(89), the department rephrased and included
additional clarifying language for the definition of "Owner/operator".
Change: Concerning §265.182(104), the department rephrased and included
additional clarifying language regarding regulatory authorities.
Change: Concerning §265.182(106), the department deleted "three" and
replaced it with "two" to be consistent with §265.181(b)(2)(A).
Change: Concerning §265.182(122), the department rephrased the definition
to clarify the meaning.
Change: Concerning §265.182(130), the department made a grammatical
change.
Change: Concerning §265.182(135), the department deleted a word to
help clarify the meaning of the definition.
Change: Concerning §265.182(136), the department added a word to help
clarify the meaning of the definition.
Change: Concerning §265.183(a), the department rephrased to clarify
when plan review may occur.
Change: Concerning §265.184(c) and (d), the department rephrased the
subsections to clarify the meaning.
Change: Concerning §265.186(a), the department added clarifying language
regarding a subsection title.
Change: Concerning §265.186(a)(5), the department clarified the rule
concerning 35% deck structures to be allowed on certain existing pools.
Change: Concerning §265.186(c)(13), the department made a grammatical
change.
Change: Concerning §265.186(g), the department added a cite to assist
in the location of standards for certain types of pool facilities.
Change: Concerning §265.189(h), the department made a grammatical
change.
Change: Concerning §265.190(b)(2), the department added a word to
clarity that the paragraph also applies to spas.
Change: Concerning §265.190(c), the department deleted and added a
word and made grammatical changes to clarify the meaning.
Change: Concerning §265.190(c)(1), the department corrected a reference
and added phrases to clarify that the subsection also applies to spas.
Change: Concerning §265.190(c)(1)(B), the department added phrases
to clarify application and intent of the subparagraph.
Change: Concerning §265.190(c)(3), the department added a word to
clarify that this paragraph applies to spas and has made a grammatical change.
Change: Concerning §265.190(c)(3)(A), the department added this subparagraph
to help clarify who shall design and conduct follow-up inspections and to
clarify other safety and sanitary concerns that such a person must consider.
Change: Concerning §265.190(c)(3)(B), the department rephrased this
subparagraph to clarify time frame and proper procedures for documentation
of entrapment design upgrade plans.
Change: Concerning §265.190(c)(3)(C), the department rephrased this
subparagraph to clarify time frame for upgrading entrapment hazards to pools
and spas.
Change: Concerning §265.190(c)(4), the department rephrased this paragraph
to clarify proper documentation for follow-up inspections by a qualified person.
Change: Concerning §265.190(c)(5), the department rephrased this paragraph
to clarify proper documentation for follow-up inspections by a qualified person.
Change: Concerning §265.190(c)(5)(A), the department rephrased this
subparagraph to clarify proper documentation for follow-up inspections by
a qualified person.
Change: Concerning §265.190(c)(5)(B), the department rephrased this
subparagraph to clarify proper documentation for follow-up inspections by
a qualified person.
Change: Concerning §265.190(e), the department added a phrase to clarify
that this subsection also applies to spas.
Change: Concerning §265.190(f), the department added a phrase to clarify
that this subsection also applies to spas.
Change: Concerning §265.190(g), the department added a phrase to clarify
when automatic cleaners may be used.
Change: Concerning §265.190(h)(2), the department deleted and added
phrases for clarity.
Change: Concerning §265.191(a), the department added a reference to
clarify that skimmers must meet applicable NSFI-50 standards as stated in
§265.184(c).
Change: Concerning §265.192(c)(4), the department deleted and added
a word for clarity.
Change: Concerning §265.192(e), the department rephrased this subsection
to clarify what is necessary for electrical safety.
Change: Concerning §265.192(f), the department added a word for clarity.
Change: Concerning §265.193(b)(4), the department added a phrase for
clarity.
Change: Concerning §265.193(d)(3), the department deleted and added
words for clarity.
Change: Concerning §265.193(d)(6), the department updated a reference
to a standard.
Change: Concerning §265.194(d), the department broadened the rule
concerning methods to fill the pool to allow methods other than over the rim
spouts as long as certain conditions are met.
Change: Concerning §265.195(d), the department made a grammatical
change.
Change: Concerning §265.197(b)(2), the department made a grammatical
change.
Change: Concerning §265.197(c), the department added "and existing"
so the subsection applicability would be consistent with the preceding sentence
and made a change in punctuation.
Change: Concerning §265.197(c)(8), the department made a grammatical
change.
Change: Concerning §265.197(c)(14), the department added a recommendation
regarding automatic chemical control.
Change: Concerning §265.198(7)(A), the department made grammatical
changes to the paragraph.
Change: Concerning §265.198(7)(C), the department made grammatical
changes to the paragraph.
Change: Concerning §265.199(e)(4), the department deleted an incorrect
reference and replaced it with the correct reference.
Change: Concerning §265.199(f)(2)(E)(ii), the department added language
to more accurately convey the requirement for training.
Change: Concerning §265.199(f)(2)(H), the department added language
to more accurately convey when a lifeguard shall not be in the water.
Change: Concerning §265.199(g), the department deleted the word "sign"
because it was inappropriate.
Change: Concerning §265.199(h)(2), the department added language to
clarify when a backboard(s) is needed.
Change: Concerning §265.199(h)(3), the department added language to
clarify the type of first aid kit to be provided to be consistent with the
standard classifications of available kits.
Change: Concerning §265.199(i), the department added language to clarify
the distance that a telephone needs to be from the pool water.
Change: Concerning §265.200(a), the department added language to recommend
taller fencing at certain pools.
Change: Concerning §265.203(e), the department added language to clarify
off-season pool and spa maintenance as a result of recently obtained disease
prevention information.
Change: Concerning §265.203(j) and §265.205(f)(9)(E), the department
included additions to these sections so that the posting of maximum capacity
at new spas is the same as for pools.
Change: Concerning §265.205(f)(1), the department added language to
clarify the type of first aid kit to be provided to be consistent with the
standard classifications of available kits.
Change: Concerning §265.205(g)(1), the department rephrased and added
clarifying language regarding spa signage.
Change: Concerning §265.205(g)(11), the department rephrased and added
clarifying language regarding spa signage.
Change: Concerning §265.206(a), the department deleted a word and
added another to clarify this subsection.
Change: Concerning §265.206(d), the department made a grammatical
change.
Change: Concerning §265.207(a) the department rephrased and added
clarifying language regarding enforcement authority and posting of pool closures.
The new sections are adopted under the Health and Safety Code,
Chapter 341, which requires public swimming pools and spas to be maintained
in a sanitary condition and construction and appliances of public swimming
pools to be such as to reduce to a practical minimum the possibility of drowning
or injury to bathers; and Health and Safety Code, §12.001, which provides
the board with authority to adopt rules to implement every duty imposed by
law on the board, the department, and the commissioner of health.
§265.181.General Provisions.
(a)
Scope and purpose of rules. These rules address minimum
standards for design and construction of pools and spas. These rules also
establish minimum operating standards for pools and spas to assure proper
filtration, chemical, and general maintenance of water and safety to users.
These standards are based in part on the American National Standards Institute
and the National Spa and Pool Institute "Standards for Public Swimming Pools"
(ANSI/NSPI-1, 1991) and the American National Standards Institute and National
Spa and Pool Institute "Standards for Public Spas" (ANSI/NSPI-2, 1992). These
rules are in addition to any municipal or federal laws applicable to pools
and spas. These rules implement Texas Health and Safety Code, Title 5, Subtitle
A, Chapter 341.064(g) and are considered good public health engineering and
safety practices.
(b)
Application of rules.
(1)
The terms "new pool" or "new spa" designate a pool or spa
constructed on or after October 1, 1999. An "existing pool" or "existing spa"
is a pool or spa constructed prior to October 1, 1999. A pool or spa is considered
"constructed" on the date that a building permit for construction of the pool
or spa is issued by a municipality or, if no building permit is required,
the pool/spa operator/owner must produce adequate written documentation of
the date that excavation or electrical service to the pool or spa begins,
whichever is first.
(2)
The following pools and spas are exempt from these
rules:
(A)
a pool or spa serving only one or two dwellings (a single
or duplex residential pool), regardless of whether the pool/spa is permanently
or temporarily installed in the ground, on the ground or above the ground;
(B)
a pool or spa operated exclusively for therapeutic purposes
such as medical treatment or physical therapy. The Texas Health and Safety
Code, §341.064 applies to pools and spas used for therapeutic purposes;
and
(C)
Class E pools, except those discussed in §265.204(a)
of this title (relating to Water Quality) apply to both new and existing Class
E pools.
(3)
Each section of the rules states the extent to
which the rule applies to new or existing pools, spas, or facilities.
(4)
The standards for pools or spas that apply to new
pools or new spas constructed on or after October 1, 1999, are contained in
these rules. The standards for pool or spa design and construction that apply
to pools and spas existing prior to October 1, 1999 are those standards that
were in existence at the time the pool or spa was constructed, including then
applicable local, state and federal laws except as otherwise stated in these
rules. Except for those items specifically stated in these rules which existing
pools shall adhere to on or after October 1, 1999, existing pools and spas
may also choose to follow the rules in these sections instead of the rules
in existence at the time the pool or spa was constructed. Existing pools or
spas may also choose to follow the rules in this section after adoption by
the Board of Health when rules become effective in June, 1999, prior to October
1, 1999.
(5)
The standards for pool or spa operation that apply
to existing pools or spas are the provisions which specifically state that
they are applicable to existing pools or spas.
(6)
The standards for spa design, construction, and operation
that apply to new and existing spas, are contained or referenced in §265.205
of this title (relating to Spa Construction, Operation, and Maintenance).
(7)
The standards contained in these rules may be met
notwithstanding minor variations in equipment, materials, or design if:
(A)
the variation provides the quality, strength and durability
equal to or greater than the standards contained in these rules; and
(B)
the operation, maintenance, safety, and sanitation of the
pool or spa is not adversely affected by the variation.
(8)
Where a local regulatory authority has jurisdiction
for the regulation of pools and spas, such authorities may, as statutorily
allowed, adopt standards that vary from these standards; however, such standards
shall be the same as, equivalent to, or more stringent than these standards
and shall be in accordance with good public health engineering and safety
practices.
(c)
Subsequent codes and standards. Whenever these rules require
compliance with a standard or code promulgated by a national organization
or another governmental agency, a pool or spa owner's compliance with a more
recent code or standard which is more strict on a particular subject than
what is required by these rules shall be deemed as compliance with these rules
on that subject.
(d)
New and existing facilities shall be required to meet the
operational standard that are most applicable to their use. As an example,
if a new or existing facility located at a Class C type facility is open for
public use, it shall meet Class B operational standards for lifeguarding,
etc., or if a facility was constructed as a Class B facility, but is used
for a private party, and is closed to the general public, lifeguards, although
recommended, are not required.
(e)
A new facility shall be required to meet the applicable
construction standard that is most restrictive to its use. As an example,
if a pool at a facility that is generally classified as a Class C pool is
opened for general public use at any time, it shall be constructed to meet
Class B pool standards.
§265.182.Definitions.
The following words and terms when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Above ground/on ground pool or spa--A removable pool or
spa of any shape that is located on the surrounding earth or a pool or spa
package located in an excavation below the ground level which may be readily
disassembled or stored and reassembled to its original integrity.
(2)
Actual water level--The specific level of the water
observed at any time. This level will vary with specific conditions such as
rainfall or number of users (see definition number (43) "Design water level"
and number (84) "Operating water level range").
(3)
Algae--Microscopic plant-like organisms that contain
chlorophyll and include green, blue-green or black brown, and yellow-green
(mustard) algae.
(4)
Algaecide--A natural or synthetic substance used for
killing, destroying, or controlling algae.
(5)
Alkalinity--The amount of bicarbonate, carbonate or
hydroxide compounds present in water solution (see definition number (132)
"Total alkalinity").
(6)
ACI--American Concrete Institute, P. O. Box 9094,
Farmington Hills, MI 48333, telephone (248) 848-3800.
(7)
ANSI--American National Standards Institute, 11 West
42nd Street, New York, NY 10036, telephone (212) 642-4900.
(8)
ANSI/NSPI-1, 1991--American National Standards Institute
and National Spa and Pool Institute "Standards for Public Swimming Pools"
adopted in 1991.
(9)
ANSI/NSPI-2, 1992--American National Standards Institute
and National Spa and Pool Institute "Standards for Public Spas" adopted in
1992.
(10)
ARC--American Red Cross, 8111 Gatehouse Road, Falls
Church, VA 22042, telephone (703) 206-7090.
(11)
ASHRAE--American Society of Heating, Refrigeration
and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329-2305,
telephone (800) 527-4723.
(12)
ASME--American Society of Mechanical Engineers, 346
East 47th Street, New York, NY 10017, telephone (800) 843-2763.
(13)
ASTM--American Society of Testing Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428-2959, telephone (215) 299-5400.
(14)
Available chlorine--Rating of chlorine containing
products for total oxidizing power (see definition number (56) "Free available
chlorine").
(15)
AWWA standards--American Water Works Association,
6666 West Quincy Avenue, Denver, CO 80235, telephone (303) 794-7711.
(16)
Backwash--The process of cleansing the filter medium
and/or elements by the reverse flow of water through the filter.
(17)
Bacteria--Single-celled microorganisms of various
forms, some of which cause infections or disease.
(18)
Beginner's areas--Water areas in pools which are
three feet or less in water depth.
(19)
Bonded--The permanent joining of metallic parts to
form an electrically conductive path that will ensure electrical continuity
and the capacity to conduct safely any current likely to be imposed (NEC definition,
1996).
(20)
Breakpoint--The practice of adding a sufficient amount
of chlorinating compound to water to destroy chlorine demand compounds and
any combined chlorine which is present. Generally, the level of chlorine added
is ten times the level of combined chlorine in the water (see definition number
(124) for "Superchlorination").
(21)
Breakpoint chlorination--The addition of a sufficient
amount of chlorine to water to destroy the chlorine demand compounds and any
combined chlorine which is present (see definition number (124) "Superchlorination").
(22)
Bromine--A chemical element (Br
2
) that exists as a liquid in its elemental form or as part of a chemical
compound which is a biocidal agent used to disinfect pool or spa water.
(23)
Catch pools--Bodies of water located at the termination
of a manufactured water slide attraction provided for the specific purpose
of terminating the slide action and providing a means for exit to a deck or
walkway area.
(24)
Chemical feeder--A mechanical device for applying
chemicals to pool or spa water.
(25)
Chloramine--A compound formed when chlorine combines
with nitrogen or ammonia which when found in significant amounts in a pool
or spa, may cause eye and skin irritation and may have an objectionable odor.
(26)
Chlorinator--A device to apply or to deliver a chlorine
disinfectant to water at a controlled rate.
(27)
Chlorine--A chemical element (Cl
2
) that exists as a gas in its elemental form or as a part of chemical
compound which is an oxidant. Chlorine is a biocidal agent used to disinfect
pool or spa water.
(28)
Chlorine demand compounds--Organic matter, chloramines
and other such compounds that chlorine reacts with and which depletes chlorine.
(29)
Chlorine Institute--Chlorine Institute, 2001 L Street
North West, Suite 506, Washington, DC 20036-4919, telephone (202)775-2790.
(30)
Circulation equipment--The mechanical components
which are a part of a circulation system on a pool or spa. Circulation equipment
may include but is not limited to, categories of pumps; hair and lint strainers;
filters; valves; gauges; meters; heaters; surface skimmers; inlet/outlet fittings;
and chemical feeding devices. The components have separate functions, but
when connected to each other by piping, perform as a coordinated system for
purposes of maintaining pool or spa water in a clear, sanitary, and desirable
condition for use.
(31)
Circulation system--An arrangement of mechanical
equipment or components, connected by piping to a pool or spa in a closed
circuit. The function of a circulation system is to direct water from the
pool or spa, causing it to flow through the various system components for
purposes of clarifying, heating, purifying, and returning the water back to
the original body of water.
(32)
Clarifier (also called Coagulant or Flocculent)--A
chemical that coagulates and neutralizes suspended particles in water. There
are two types of clarifiers: inorganic salts of aluminum or iron, and water-soluble
organic polyelectrolyte polymers.
(33)
Combined chlorine--The portion of the total chlorine
existing in water in chemical combination with ammonia, nitrogen, and/or organic
compounds, mostly comprised of chloramines. Combined chlorine plus free chlorine
equals total chlorine. Combined chlorine is calculated from the results of
measuring the free and total chlorine with a test kit.
(34)
Construction date/date of construction--the date
that a building permit for construction of the pool or spa is issued by a
municipality or, if no building permit is required, written documentation
of the date that excavation or electrical service to the pool or spa begins,
whichever is first.
(35)
Coping--The cap on the pool or spa wall that provides
a finishing edge around the pool or spa. The coping can be formed, cast in
place or pre-cast, or pre-fabricated from metal or plastic materials.
(36)
CPSC--United States Consumer Product Safety Commission,
Washington, D.C. 20207, telephone (301) 504-0400.
(37)
Cross-connection--A physical connection between the
potable water system and a non-potable source such as a pool or spa, or a
physical connection between a pool or spa and the sanitary sewer or wastewater
disposal system.
(38)
Cyanuric acid--
(A)
Any one of a number of chemical compounds also called stabilizers.
(B)
A chemical that helps reduce the excess loss of chlorine
in water due to the ultraviolet rays of the sun.
(39)
Decks--Those areas immediately adjacent to or
attached to a pool or spa that are specifically constructed or installed for
sitting, standing, or walking.
(40)
Deep areas--Water levels in pools which are five
feet or deeper.
(41)
Department--The Texas Department of Health, 1100
West 49th Street, Austin, TX 78756, telephone (512) 834-6635.
(42)
Depth (pool or spa depth)--The vertical distance
measured at three feet from the pool or spa wall from the bottom of the pool
or spa to the design water level.
(43)
Design water level--The design water level defined
in one of the following ways:
(A)
Skimmer system--The design water level shall be at the
midpoint of the operating range of the skimmers.
(B)
Overflow system--The design waterline shall be at the top
of the overflow rim of the gutter system.
(44)
Disinfectant--Energy or chemicals used to kill
undesirable or pathogenic (disease- causing) organisms, and having a measurable
residual at a level adequate to make the desired kill.
(45)
Diving board--A recreational mechanism for entering
a pool, consisting of semirigid board that derives its elasticity through
the use of a fulcrum mounted below the board.
(46)
Diving equipment, competition--Competitive diving
boards and fulcrum-setting diving stands intended to provide adjustment for
competitive diving.
(47)
Dwelling or rental dwelling--One or more rooms rented
to one or more persons where a Class C or Class D pool or spa is located.
(48)
Effective filter area--Total surface area through
which designed flow rate will be maintained during filtration.
(49)
Effluent--The water that flows out of a filter, pump,
or other device.
(50)
Facility(ies)--The pool or spa, restrooms, dressing
rooms, equipment rooms, deck, enclosure, and other appurtenances directly
serving the pool or spa area.
(51)
Feet of head--A basis for indicating the resistance
in a hydraulic system, equivalent to the height of a column of water that
would cause the same resistance (100 feet of head equals 43 pounds per square
inch). The dynamic head is the sum of all resistances in a complete operating
system.
(52)
Filter--A device that removes undissolved particles
from water by recirculating the water through a porous substance (a filter
medium or element) such as the following.
(A)
Medium filter--A filter that utilizes a medium, for example,
sand, gravel or other medium that under normal use will not have to be replaced
frequently.
(B)
Diatomaceous earth filter--A filter that utilizes a thin
coating of diatomaceous earth over a porous fabric as its filter medium.
(C)
Cartridge filter--A filter that utilizes a porous element
that acts as a filter medium in cartridge.
(D)
Vacuum filter--A filter that operates under a vacuum from
the suction of a pump.
(53)
Filter element--A device within a filter tank
designed to entrap solids and conduct water to a manifold, collection header,
pipe, or similar conduit and return it to the pool or spa. A filter element
usually consists of a septum and septum support, or a cartridge.
(54)
Filter medium--A finely graded material (for example,
sand, diatomaceous earth, polyester fabric, anthracite) that removes filterable
particles from the water.
(55)
Floor--The interior bottom surface of a pool or spa.
(56)
Free available chlorine--That portion of the total
chlorine remaining in chlorinated water that is not combined with ammonia
or nitrogen compounds and which will react chemically with undesirable or
pathogenic organisms. Combined chlorine plus free chlorine equals total chlorine.
(57)
Grab rail--Tubular rails used to enter or leave a
pool or spa, usually made of stainless steel or chrome-plated brass (see definition
number (58) "Handhold/handrail").
(58)
Handhold/handrail--A device that is intended to be
gripped by a user for the purpose of resting and/or steadying a person and
that is typically located within or without the pool or spa or as part of
a set of steps or deck-installed equipment.
(59)
Hardness of water--The amount of calcium and magnesium
dissolved in water measured by a chemical test kit and expressed as parts
per million (ppm) of equivalent calcium carbonate.
(60)
Heat exchanger--A device with coils, tubes or plates
that absorbs heat from any fluid, liquid or air, and transfers that heat to
another fluid without intermixing the fluids.
(61)
Heat pump--A refrigeration compressor, usually electrically
driven, that is operated in reverse. To obtain heat, the evaporator side (cooling
coil) is exposed to warm water, air or ground. The evaporator coil absorbs
the heat from this source and transfers it to the condenser coil where it
discharges the heat to the pool or spa to be heated.
(62)
Hot tub--A spa constructed of wood with sides and
bottoms formed separately and joined together by pressure from surrounding
hoops, bands, or rods; distinct from spa units formed of plastic, concrete,
metal, or other materials.
(63)
IESNA--Illuminating Engineering Society of North
America, 140 Wall Street, Floor 17, New York, NY 10005-4001, telephone (212)
248-5000.
(64)
Influent--The water entering a filter or other device.
(65)
Interactive play attractions--Manufactured devices
using sprayed, jetted, or other water sources contacting the users that do
not incorporate standing or captured water as part of the user activity area.
(66)
Jump board--A recreational mechanism for entering
a pool that has a coil spring or comparable device located beneath the board
which is activated by the force exerted in jumping on the board.
(67)
Labeled--Equipment or material to which has been
attached a label, symbol, or other identifying mark of an organization that
is acceptable to the authority having jurisdiction and concerned with product
evaluation that maintains periodic inspection of production of labeled equipment
or materials and by whose labeling the manufacturer indicates compliance with
appropriate standards or performance in a specified manner.
(68)
Ladders--
(A)
Deck ladder--A ladder ascending from ground level outside
the pool or spa to the level of a deck.
(B)
In-pool or in-spa ladder--A ladder located in a pool or
spa to provide ingress and egress from the deck.
(69)
Leisure rivers--Manufactured streams of near
constant depth in which the water is moved by pumps or other means of propulsion
to provide a river-like flow which transports users over a defined path which
may include water features and play devices.
(70)
Listed--Equipment or materials included in a list
published by an organization acceptable to the authority having jurisdiction
and concerned with product evaluation, that maintains periodic inspection
of production of listed equipment or materials, and whose listing states either
that the equipment or material meets appropriate designated standards or has
been tested and found suitable for use in a specified manner.
(71)
Local regulatory authority--The local enforcement
body or authorized representative having jurisdiction over pools, spas, and
associated facilities.
(72)
May--An advisory statement or a good practice which
exceeds ordinary care and is not legally required (see definition number (103)
"Recommended").
(73)
MSHA--Mine Safety Health Administration, 4015 Wilson
Boulevard, Arlington, Va. 22203, telephone (703) 235-1452.
(74)
National Swimming Pool Foundation--National Swimming
Pool Foundation, 10803 Gulfdale, Suite 300, San Antonio, Texas, 78216, telephone
(512) 525-1227.
(75)
New pool and/or spa construction--The activity of
building or installing a pool and/or spa structure, and its component parts,
where no such structure has previously existed or where previously existing
pool or spa structures have been removed.
(76)
NEC--National Electric Code, distributed by NFPA
(see definition number (78) "NFPA").
(77)
NEMA--National Electric Manufacturers Association,
2101 L Street, NW, Washington, D.C. 20037, telephone (202) 457-8400.
(78)
NFPA--National Fire Protection Association, Batterymarch
Park, Quincy, MA 02269, telephone (617) 770-0700 or (800) 344-3555.
(79)
NRPA--National Recreation and Park Association -
National Recreation and Park Association, 650 West Higgins Road, Hoffman Estates,
IL 60195-3402, telephone (708) 843- 7529.
(80)
NSFI--NSF International, (National Sanitation Foundation
International), 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, MI 48113-0140,
telephone (313) 769-8010.
(81)
NSPF--National Swimming Pool Foundation, 10803 Gulfdale,
Suite 300, San Antonio, TX 78216, telephone (210) 525-1227.
(82)
NSPI--National Swimming Pool Institute, 2111 Eisenhower
Avenue, Alexandria, VA 22314, telephone (703) 838-0083.
(83)
Offset ledge--a horizontal shelf or ledge projecting
toward the interior of a pool from the vertical wall that provides a safe
footing for a pool user to stand on in deep areas of the pool.
(84)
Operating water level range--The operating water
level defined in one of the following ways:
(A)
Skimmer system--Two inches above to two inches below the
midpoint of the operating range of the device, or manufacturer's maximum stated
operating range.
(B)
Overflow (gutter) system--The manufacturer's maximum stated
operating range above the design water level.
(85)
Organic matter--Perspiration, urine, fecal matter,
saliva, suntan oil, cosmetics, lotions, dead skin, and similar debris introduced
to water by users and the environment.
(86)
ORP--The oxidation reduction potential level produced
by strong oxidizing (sanitizing) agents in a water solution. Oxidation level
is measured in millivolts by an ORP meter.
(87)
OSHA--United States Department of Labor, Occupational
Safety and Health Administration, 200 Constitution Avenue, Washington, D.C.
20210, telephone (800)321-6742.
(88)
Overflow system--Overflows, surface skimmers, and
surface water collection systems of various design and manufacture for removal
of pool or spa surface water.
(89)
Owner/operator--Fee title holder of the property
upon which the pool or spa is located, and/or business manager, complex manager,
property owners, association manager, rental agent or other individual who
is in charge of the day to day operation or maintenance of the property. The
owner/operator is responsible to ensure that the pool or spa and associated
facilities comply with state and local pool or spa design, construction, operation,
and maintenance standards.
(90)
Parts per million (PPM)--A unit of measurement in
chemical testing which indicates the parts by weight in relation to one million
parts by weight of water. For the purposes of pool or spa water chemistry,
ppm is considered to be essentially identical to the term milligrams per liter
(mg/L).
(91)
pH--A value expressing the relative acidic or basic
tendencies of a substance, such as water, as indicated by the hydrogen ion
concentration. The pH is expressed as a number on the scale of zero to 14,
zero being most acidic, one to seven being acidic, seven being neutral, seven
to 14 being basic and 14 being most basic.
(92)
Plaster--A type of interior finish (a mixture of
white cement and aggregate), which is white or lightly tinted which is applied
to a concrete pool or spa.
(93)
Plummet--A line perpendicular to the water surface
and extending vertically to a point located at the front end of the diving
board and at the center line directly in front of the diving board.
(94)
Pool--Any man-made permanently installed or non-portable
structure, basin, chamber, or tank containing an artificial body of water
for swimming, diving, or recreational bathing and having a depth of at least
18 inches at any point, other than a single or double family (duplex) residential
pool, which is operated by an owner, lessee, operator, licensee or concessionaire,
regardless of whether a fee is charged for use. The pool may be either publicly
or privately owned. Pools may be diving or nondiving. If diving, they shall
be further classified into types indicating the suitability for use with diving
equipment. The term does not include a decorative fountain which is not used
as a wading or swimming pool. References within the standard to various types
of pools are defined by the following categories:
(A)
Class A pool--Any pool used, with or without a fee, for
accredited competitive aquatic events such as Federation Internationale de
Natation Amateur (FINA), United States Swimming, United States Diving, National
Collegiate Athletic Association (NCAA), National Federation of State High
School Associations (NFSHSA), events. A "Class A" pool may also be used for
recreation.
(B)
Class B pool--Any pool used for public recreation and open
to the general public with or without a fee.
(C)
Class C pool--Any pool operated for and in conjunction
with lodgings such as hotels, motels, apartments, condominiums, mobile homes
parks, property owners associations, clubs, etc. or a school, college or university
while being operated for academic or continuing education classes or clubs
or practice events (excluding competition events as per subparagraph (A) of
this paragraph). The use of such a pool would be open to occupants, members
or students, etc. and their guests but not open to the general public.
(D)
Class D pool--A splasher pool with a maximum water depth
of 36 inches at any point or wading pool with a maximum depth of two feet
at any point.
(E)
Class E pool--A special purpose pool such as wave or surface
action pools, catch pools, leisure rivers, interactive play attractions, vortex
pools, and other such pools used primarily for aquatic attractions. Also see
§265.181(b)(2)(C) of this title (relating to General Provisions) and
§265.204(a) of this title (relating to Water Quality) which applies to
Class E pools.
(F)
Type VI pool--A pool suitable for the installation of diving
equipment up to 2/3 meter above the water (see ANSI/NSPI-1, 1991).
(G)
Type VII pool--A pool suitable for the installation of
diving equipment up to 3/4 of a meter above the water (see ANSI/NSPI-1, 1991).
(H)
Type VIII pool--A pool suitable for the installation of
diving equipment up to one meter above the water (see ANSI/NSPI-1, 1991).
(I)
Type IX pool--A pool suitable for the installation of diving
equipment up to three meters over the water (see ANSI/NSPI-1, 1991).
(95)
Pool or spa yard--An area that contains a pool
or spa.
(96)
Pool or spa yard enclosure--A fence, wall, or combination
of fences, walls, gates, windows, or doors that completely surround a pool
or spa.
(97)
Potable water--Water which is bacteriologically safe
and otherwise suitable for drinking and is regulated by the Texas Natural
Resource Conservation Commission or another regulatory authority as a drinking
water system.
(98)
Precipitate--A solid material which is forced out
of a solution by some chemical reaction and which settles out or remains as
a haze in suspension (turbidity).
(99)
Pressure differential - The difference in pressure
between two parts of a hydraulic system, such as the influent and effluent
of a filter.
(100)
PSI--Pounds per square inch.
(101)
Pump--A mechanical device, usually powered by an
electric motor, which causes hydraulic flow and pressure for the purpose of
filtration, heating, and circulation of pool and spa water.
(102)
Rate of flow--The quantity of water flowing past
a designated point within a specified time, such as the number of gallons
flowing in one minute (gpm).
(103)
Recommended--An advisory statement or a good practice
which exceeds ordinary care and is not legally required (see definition number
(72) "may").
(104)
Regulatory authority--The federal, state, or local
enforcement body or authorized representative having jurisdiction over pools,
spas, and associated facilities.
(105)
Removable--Capable of being disassembled with the
use of only simple tools such as a screwdriver, pliers, or wrench.
(106)
Residential pool or spa--A pool or spa that is located
on private property under the control of the property owner and intended for
use by not more than two resident families and their guests.
(107)
Return inlet or inlet--The aperture or fitting through
which the water under positive pressure returns into a pool or spa.
(108)
Ring buoy--A ring-shaped floating buoy capable of
supporting a user.
(109)
Rope and float line--A continuous line not less
than 1/4 inch in diameter, which is supported by buoys and attached to opposite
sides or ends of a pool to separate the deep and shallow ends or mark exercise
or racing lanes.
(110)
Scale--The precipitate that forms on surfaces in
contact with water when the calcium hardness, pH, or total alkalinity levels
are too high.
(111)
Self-closing and self-latching device--A device
that causes a gate to automatically fully close and latch without human or
electrical power.
(112)
Separation tank--A tank used in conjunction with
a filter to facilitate the separation of filtrate material for disposal.
(113)
Service animal--A guide dog, signal dog, or other
animal trained to do work or perform tasks for the benefit of an individual
with a disability, including but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to intruders or
sounds, or providing minimal protection or rescue work, such as pulling a
wheelchair, or fetching dropped items.
(114)
Shall--Mandatory provisions of these regulations.
(115)
Shallow areas--Pool water areas which are less than
five feet deep.
(116)
Shock treatment--The practice of adding significant
amounts of an oxidizing chemical to water to destroy ammonia and nitrogenous
and organic contaminants in water.
(117)
Skimmer weir--Part of a skimmer which adjusts automatically
to small changes in water level to assure a continuous flow of water to the
skimmer.
(118)
Slip-resistant--A surface that has been treated
or constructed to significantly reduce the chance of a user slipping.
(119)
Spa--A constructed permanent or portable structure
that is two feet or more in depth and that has a surface area of 250 square
feet or less or a volume of 3250 gallons or less which is intended to be used
for bathing or other recreational uses and is not drained and refilled after
each use. It may include, but is not limited to, hydrojet circulation, hot
water, cold water, mineral baths, air induction bubbles, or any combination
thereof. Industry terminology for a spa includes, but is not limited to, "hydrotherapy
pool," "whirlpool," "hot spa," "hot tub," etc.
(120)
Splasher pool--A Class D pool with a maximum water
depth of 36 inches at any point.
(121)
Stabilizer--A chemical that helps reduce the excess
loss of chlorine in water due to the ultraviolet rays of the sun (see definition
number (38) "Cyanuric acid").
(122)
Steps, recessed steps, ladders, and recessed treads--Means
of pool and spa ingress and egress that may be used separately or in conjunction
with one another.
(A)
Steps--A riser/tread or series of risers/treads extending
down from the deck and terminating at the pool or spa floor. Included are
recessed steps that have the risers located outside of user areas.
(B)
Ladders--A series of vertically separated treads or rungs
connected by vertical rail members or independently fastened to an adjacent
vertical pool or spa wall (see definition number (68) "Ladders" for particular
ladder types).
(C)
Recessed Treads--A series of vertically spaced cavities
in the pool or spa wall creating tread areas for stepholes.
(123)
Suction outlet or outlet--The aperture or fitting
through which the water under negative pressure is drawn from the pool or
spa.
(124)
Superchlorination--The practice of adding a sufficient
amount of chlorinating compound to water to destroy chlorine demand compounds
and any combined chlorine which is present. Generally, the level of chlorine
added is ten times the level of combined chlorine in the water (see also definition
number (21) "Breakpoint chlorination").
(125)
Surface skimmer system/Through wall skimmer--A device
installed in the wall of an inground pool or spa, or above ground/on ground
pool or spa that permits the continuous removal of floating debris and surface
water to the filters.
(126)
Swimouts--A recessed area outside of the general
perimeter of the pool designed to facilitate the entry and exit of swimmers
from a pool.
(127)
TDLR--Texas Department of Licensing and Regulation,
Boiler Division, P. O. Box 12157, Austin, TX 78711, telephone (512) 463-2904.
(128)
TDS--Total dissolved solids. A measure of the total
amount of dissolved matter in water (for example, calcium, magnesium, carbonates,
bicarbonates, metallic compounds).
(129)
Ten/twenty rule--The ability of a lifeguard to identify
a trauma or distress situation within ten seconds of its initiation and be
physically at the victim's side and performing a rescue or other care as appropriate
within 20 seconds after the initial identification of the victim.
(130)
Test kit--A device for monitoring a specific chemical
level in pool or spa water.
(131)
TNRCC--Texas Natural Resources Conservation Commission,
P. O. Box 13087, Austin, TX 78711-3087, telephone (512) 239-1000.
(132)
Total alkalinity--A measure of the ability or capacity
of water to resist change in pH; also known as the buffering capacity of water.
Measured with a test kit and expressed as ppm; consists mainly of carbonates,
bicarbonates and hydroxides.
(133)
Total chlorine--The sum of both the free available
and combined chlorine.
(134)
Toxic--A substance that has an adverse physiological
effect on human beings or other living organisms.
(135)
Turbidity--Cloudy condition of water due to the
presence of fine particulate materials in suspension that interferes with
the passage of light.
(136)
Turnover rate--The period of time (usually in hours)
required to circulate a volume of water equal to the total pool or spa capacity.
(137)
UFC--Uniform Fire Code, published by the International
Fire Code Institute, 5360 Workman Mill Road, Whittier, CA 90601-2298, telephone
(562) 699-0124.
(138)
Underwater light--A fixture designed to illuminate
a pool or spa from beneath the water surface. An underwater light includes
either of the following:
(A)
wet niche light--a watertight and water-cooled light unit
placed in a submerged, wet niche in the pool or spa wall and accessible only
from the pool or spa; or
(B)
dry niche light--a light unit placed behind a watertight
window in the pool or spa wall.
(139)
UL--Underwriters Laboratory, 333 Pfingsten
Road, Northbrook, IL 60062-2096, telephone (708) 272-8800.
(140)
User--Any person using a pool or spa and adjoining
deck area for the purpose of water sports, recreation therapy or related activities.
(141)
User load--The number of persons in the pool or
spa area at any given moment, or during any stated period of time.
(142)
Vacuum--The reduction of atmospheric pressure within
a pipe, tank, pump, or other vessel. Vacuum is measured in inches of mercury.
Each inch of mercury is equivalent to 1.13 feet of head. The typical maximum
vacuum is 30 inches of mercury, or 33.9 feet of head.
(143)
Valve--Any device in a pipe that will partially
or totally obstruct the flow of water (as in a ball, gate or globe valve)
or permit flow in one direction only (as in a check or foot valve).
(A)
Bleeder valve--A device that allows air to be vented from
a closed system.
(B)
Multi-port valve--A device that allows the multi-directional
control of the passage or flow of water through a system.
(C)
Push-pull valve--A device that allows the dual directional
control or flow of water through a system.
(144)
Velocity--The speed at which a liquid flows
between two specified points, expressed in feet per second.
(145)
Vortex pool--Circular pools equipped with a method
of transporting water in the pool for the purpose of propelling riders at
speed dictated by velocity of the moving stream.
(146)
Wading pool--A Class D pool that has a maximum depth
of two feet at any point.
(147)
Walls--The interior pool or spa wall surfaces consisting
of surfaces from plumb to a slope of 11 degrees from plumb.
(148)
Waste water disposal system--A plumbing system used
to dispose of backwash or other water from a pool or spa or from dressing
rooms and other facilities associated with a pool or spa.
(149)
Water action pools--A pool designed to simulate
breaking or cyclic waves for the purpose of general play or surfing.
(150)
Y.M.C.A. of U.S.A.--Y.M.C.A. of U.S.A. (Y.M.C.A.),
101 North Wacker, Chicago, IL 60606, telephone (800) 872-9622.
(151)
Zero depth pool--A pool in which the pool floor
intersects the water surface along at least one side of the pool.
§265.183.Plans, Permits and Instructions.
(a)
Plans and permits for new pools and spas. The department
may review plans for new pools or spas only on a case by case basis in order
to ensure compliance regarding enforcement issues. The department recommends
that a registered professional engineer or registered architect be consulted
to assure that the pool or spa is designed and built in compliance with these
rules and applicable federal, state, and/or local regulatory requirements.
Regardless of whether a regulatory authority requires plans or permits, pools
and spas shall be designed, constructed, and operated in compliance with these
standards.
(b)
Instructions for new pools and spas. Upon completion of
construction of any pool or spa, the builder and/or the designer shall provide
the manager and his operators complete written and oral operational instructions
for the pool or spa. Written instructions shall include items such as procedures
for filtration, backwash, cleaning, operation of all chemical feed devices
and general maintenance of pool or spa. In addition, the following is required:
(1)
valves shall be labeled;
(2)
color-coding of exposed piping, (see §265.187(c)
of this title (relating to Circulation Systems (Exposed piping color-coding
for new and existing pools and spas)); and
(3)
clean filter pressures, normal operating pressures
and differentials that indicate the need for filter cleaning shall be indicated.
§265.184.General and Structural Design.
(a)
Non-toxic and sound materials for new pools and spas. New
pools and spas and all appurtenances shall be constructed of materials which
are considered to be nontoxic to humans and the environment, are impervious
and enduring, and will withstand design stresses; and will provide a water-tight
structure with a smooth and easily cleanable surface without cracks or joints,
excluding structural joints.
(b)
Accepted practice for new pools and spas. The structural
design and materials used for new pools or spas shall be in accordance with
generally accepted industry engineering practices and methods prevailing at
the time of original construction. It is recommended that new pools and spas
be constructed to meet the NSPI, June 1996, Workmanship Standards for Swimming
Pools and Spas.
(c)
NSFI Standard-50 for new pools and spas. Where equipment
for a new pool or spa such as pumps, filters, skimmers, chemical feeders,
and other equipment, falls within the scope of ANSI and NSFI Standard-50-1996
(ANSI/NSFI-50-1996), the equipment shall meet the standard as confirmed by
a testing laboratory. The testing laboratory for determining compliance with
these standards shall be properly equipped and qualified for experimental
testing, inspections of products at factories, and service/value determination
through field inspections. It shall operate as a third-party testing/inspection
body. Conformity with standards noted above shall be evidenced by the listing
or labeling of such equipment by such a laboratory.
(d)
NSFI Standard-50 for existing pools and spas. When equipment
is replaced on existing pools and spas such equipment that falls within the
scope of ANSI and NSFI Standard-50- 1996 (ANSI/NSFI-50-1996), such equipment
shall meet the standard as confirmed by a testing laboratory. The testing
laboratory for determining compliance with these standards shall be properly
equipped and qualified for experimental testing, inspections of products at
factories, and service/value determination through field inspections. It shall
operate as a third-party testing/inspection body. Conformity with standards
noted above shall be evidenced by the listing or labeling of such equipment
by such a laboratory.
(e)
Prohibition of earth material for new and existing pools
and spas. Earth shall not be permitted as an interior finish in a new or existing
pool or spa. Clean sand or similar material, if used in a beach pool environment
shall only be used over an impervious surface and designed to perform in such
an environment, and controlled so as not to adversely affect the proper filtration,
treatment system, maintenance, safety, sanitation and operation of the overall
pool or spa. If sand or similar material is used, positive upflow circulation
through the sand shall be provided as necessary to assure that sanitary conditions
are maintained at all times.
(f)
Interior color for new pools and spas. The colors, patterns,
or finishes of a new pool or spa interior shall not obscure the existence
or presence of objects or surfaces within the pool or spa. All new pool and
spa interior surfaces shall be white or lightly tinted except for:
(1)
water lines that are tiled;
(2)
racing lane markings (painted or tile maximum 12 inches
wide);
(3)
turn targets (painted or tiled); and
(4)
safety markers.
(g)
Materials to withstand freezing temperatures for new pools
and spas. In climates subject to freezing temperatures, a new pool or spa
shell and appurtenances, piping, filter system, pump and motor, and other
components shall be designed and constructed to facilitate protection from
damage due to freezing.
(h)
Hydrostatic relief valve for new pools and spas. A hydrostatic
relief valve or a more extensive hydrostatic system shall be installed if
necessary to prevent ground water pressure from displacing or otherwise damaging
a new pool or spa.
(i)
Interior surface footing for new pools and spas. The surfaces
within a new pool or spa intended to provide footing for users shall have
a slip-resistant surface to help reduce the chance for a fall. The roughness
or irregularity of such surfaces shall not cause injury to the feet during
normal use.
§265.185.Dimensional Design.
(a)
General shape for new pools and spas. This standard is
not intended to regulate the perimeter shape of new pools or spas. It is the
designer's responsibility to take into account the effect a given shape will
have on the health and safety of the occupants.
(b)
Dimensional variation for new pools and spas. Dimensions
for new pools and spas may vary in limited areas where access for persons
with disabilities has been provided, as long as general safety of all users
is maintained. The design shall take into account requirements of the American
Disability Act and any other applicable local, state and federal laws relating
to such access.
(c)
Entanglement or entrapment avoidance for new pools and
spas. There shall be no protrusions, extensions, means of entanglement, or
other obstructions in a new pool or spa which will cause the entrapment or
injury of the user. For specific requirements regarding entrapment issues,
see the CPSC, Handbook for Public Playground Safety, Publication Number 325-1997,
or the ASTM, Standard Consumer Safety Performance Specification for Playground
Equipment for Public Use, F1487-1995.
(d)
Construction tolerances for new pools and spas. For new
pools and spas, construction tolerances allowed on all dimensional designs
for overall length, width, and depth in the deep end may vary plus or minus
three inches. All other dimensions may vary plus or minus two inches, unless
otherwise specified (such as in a Class A pool). The design water level shall
have a maximum construction tolerance at the time of completion of the work
of plus or minus 1/4 inch for new pools or spas with adjustable weir surface
skimming systems, and of plus or minus 1/8 inch for new pools or spas with
non-adjustable surface skimming systems. Step treads and risers may vary plus
or minus 1/2 inch.
(e)
Maximum user loading for new and existing pools and spas.
The maximum number of users to be allowed in a new or existing pool or spa
at one time will depend on a number of factors, such as the type of pool or
spa; indoor or outdoor location; surface area; operating characteristics of
the water; purification system; quality and clarity of the pool or spa water,
etc., the most significant factors being the pool or spa area and the sanitary
and physical condition of the pool or spa water. Based on these factors, pool
or spa owners of a new or existing pool or spa shall reduce the user load
if existing conditions indicate the need. The user load shall be based on
the following.
(1)
Maximum load limit for new pools shall be in accordance
with the following table:
Figure: 25 TAC §265.185(e)(1)
(2)
In both new and existing spas, the maximum user load
shall not exceed one person per nine square feet of surface area.
(f)
Interior walls for new pools and spas. New Class B and
C pools and spas shall have walls not greater than 11 degrees from plumb.
Maximum allowable wall slope:
Figure: 25 TAC §265.185(f)
(g)
Walls joining floors for new pools. Walls for new Class
B and C pools shall be joined to the floor with a radius tangent to the wall
at a depth not less than four feet six inches in water depths eight feet and
greater and not less than two feet six inches in water depths of three feet.
The tangent radius point at the wall shall progressively move between these
points as the water depth progressively changes. Wall to floor radiuses shall
not encroach on the minimum specified floor width, prescribed in §265.186(c)(7)
of this title (relating to Deck Entry/Exit, and Diving Facilities, and Other
Deck Equipment Diving Facilities). Class A pools, where racing lanes terminate,
shall have walls that are not greater than one degree from vertical.
(h)
Floor slopes for new pools. Floor slopes for new pools
shall, as a minimum meet the following requirements:
(1)
all slopes shall be uniform and shall drain;
(2)
the slope of the floor from the shallow end wall toward
the deep end shall not exceed one foot in ten feet to the point of the first
slope change;
(3)
the point of the first slope change shall be defined
as the point at which the floor slope exceeds one foot in ten;
(4)
the slope of the floor from the point of the first
slope change to the deep end shall not exceed one foot in three feet; and
(5)
the slope of the floor may vary in limited areas where
access for persons with disabilities has been provided.
(i)
Visual separation for new pools. Any area of a new pool
that is less than three feet in depth shall be visually set apart from deeper
areas of the pool by a minimum four inch wide tile band, painted line, or
similar means of contrasting color across the floor at this point, see also
§265.199(b)(2) and (3) of this title (relating to Specific Safety Features
(Float lines and floor markings for new pools)).
(j)
Zero depth design for new pools. Zero depth designs for
new pools shall be allowed where the bottom of the pool in the beginner's
area is designed and constructed to meet the pool deck surface at a slope
not to exceed one in 12 to a water depth of 1-1/2 feet. In such pools where
the water depth is less than 1-1/2 feet, floor inlets shall be provided and
spaced uniformly with at least one inlet per 200 square feet or portion thereof.
(k)
Offset ledges for new pools. When provided in a new pool,
offset ledges shall:
(1)
fall within 11 degrees from plumb starting at the junction
of the pool wall and the design water level;
(2)
shall have a slip-resistant surface; and
(3)
shall have a maximum width of eight inches and shall
be in accordance with the following drawing of Offset Ledges:
Figure: 25 TAC §265.185(k)(3)
(l)
Underwater seat benches for new pools and spas. Underwater
seat benches for new pools and spas shall:
(1)
have a maximum seating width of 18 inches projecting from
the wall at a depth not to exceed 24 inches below the design water level;
(2)
be located fully outside of the required minimum diving
water envelope if the pool is intended for use with diving equipment;
(3)
be visually set apart and shall be provided with a
solid or broken stripe two inches wide on the top surface along the front
leading edge of the bench. The stripe shall be plainly visible to persons
on the pool deck. The stripe shall be a contrasting color to the background
on which it is applied, and the color shall be permanent in nature;
(4)
have a slip-resistant surface; and
(5)
shall not be used as the required entry/exit access
unless they are in conjunction with pool stairs.
(m)
Special requirements for new Class D wading pool.
(1)
New Class D wading pools at a facility having Class A,
B, or C pools shall be separate and physically set apart from beginner or
shallow water areas by at least 15 feet of deck or a pool yard enclosure meeting
the requirements of §265.200 of this title (relating to Pool Yard Enclosures).
If a pool yard enclosure is provided, clear visibility through the barrier
shall be maintained.
(2)
Where a wading pool at a Class A, B, or C pool is
within 35 feet of any deep water area, a pool yard enclosure meeting the requirements
of §265.200 of this title shall be provided to physically separate the
wading pool from the deep water area. Clear visibility through the barrier
shall also be maintained.
(3)
The maximum water depth shall be no greater than 24
inches. At the perimeter of the pool the vertical distance from the deck or
walk to the bottom of the pool or to perimeter seating bench underwater shall
not be greater than 18 inches. The vertical distance from the bottom of the
pool to the deck or walk may be reduced and brought to zero at the most shallow
point. The slope of zero level deck entries shall not exceed one foot in 12
feet.
(4)
Floors of wading pools shall be uniform, sloped to
drain with a maximum slope of one foot in 12 feet, and shall be slip-resistant.
§265.186.Deck Entry/Exit, and Diving Facilities, and Other Deck Equipment.
(a)
Decks for New Pools and Spas except as noted.
(1)
Deck(s) shall be designed and installed in accordance with
the engineering methods required by applicable local regulatory authority.
This includes the design and quality of subbase, concrete mix, reinforcing,
joints, etc.
(2)
If a concrete deck is selected, in the absence of
specific local engineering practices, the work shall be performed in accordance
with ACI Standard 302.1R-1998, "Guide for Concrete Floor and Slab Construction."
(3)
Decks, ramps, coping, steps, markings, brand insignias
and similar surfaces shall be slip-resistant and easily cleanable.
(4)
Soils supporting decks shall have adequate load-bearing
capacities.
(5)
The minimum continuous, unobstructed, usable deck
width, which can include flush coping, shall conform with subparagraphs (A)-(F)
of this paragraph, except that at a Class B, C, or D new or existing pool,
as much as 35% of the deck in subparagraphs (A)-(D) of this paragraph may
be replaced with other structures; however, in no case shall other structures
restrict emergency access or create above deck structures that may be used
as diving platforms or create other safety or sanitary hazards.
(A)
Class A pool deck widths shall meet standards of the appropriate
sanctioning body which regulates the type of competitions to be held.
(B)
Class B pool deck widths shall be six feet minimum.
(C)
Class C pool deck widths shall be four feet minimum.
(D)
Class D pool deck widths shall be four feet minimum.
(E)
Spas shall have a four foot minimum, continuous, unobstructed
deck, which may include the coping, which shall be provided around at least
50% or more of the spa.
(F)
A minimum of four feet of deck width shall be provided
on the sides and rear of any diving equipment. A deck clearance of 36 inches
shall be provided around all other deck equipment.
(6)
The minimum slope of the deck(s) shall be 1/8
inch per foot for textured, hand-finished concrete decks and 1/4 inch per
foot for exposed aggregate concrete decks including decks covered with an
epoxy finish and other specialty surfaces installed according to the manufacturer's
instructions and good sanitation practices. Wood decks or indoor/outdoor carpeting
shall not be located within the distance specified in paragraph (5) of this
subsection unless approved by local regulatory authority.
(7)
The maximum slope of all decks, other than wood decks,
shall be 1/2 inch per foot, except for ramps. The maximum slope for wood decks
shall be 1/8 inch per foot. Gaps shall be required between deck boards consistent
with good engineering and safety practices with respect to the type of wood
used.
(8)
The maximum gaps between pool or spa decks and/or
walkways including joint material, shall be 3/16 inch of horizontal clearance
with a maximum difference in vertical elevation of 1/4 inch.
(9)
Construction joints where pool or spa coping meets
concrete deck(s) shall be watertight.
(10)
Construction joints where pool or spa coping meets
concrete deck shall be installed to protect the coping and its mortar bed
from damage as a result of movement of adjoining deck(s).
(11)
Control joints in deck(s) shall be provided to minimize
the potential for cracks due to a change in elevations, separation of surfaces
or movement of the slab.
(12)
The areas where concrete deck(s) join other concrete
work shall be protected by expansion joints to protect the pool and spa adequately
from the pressures of relative movements.
(13)
The edge of deck(s) shall be rounded, tapered or
otherwise relieved to eliminate sharp corners.
(14)
Deck(s) shall be sloped to effectively drain to perimeter
areas or to deck drains. Drainage shall remove pool and spa splash water,
deck cleaning water, and rain water without leaving standing water deeper
than 1/8 inch. Water from deck drainage shall not be mixed with pool or spa
water.
(15)
Site drainage shall direct all perimeter deck drainage,
general site and roof drainage away from the pool area. Yard drains shall
be installed, as needed, to prevent the accumulation or puddling of site water
in the general area of the deck(s) and related improvements.
(16)
Valves installed in or under any deck(s) shall provide
a minimum ten inches diameter access cover and valve pit to facilitate operation,
service, and maintenance. Access covers shall be provided for valve pits for
new and existing pools and spas.
(17)
An adequate number of hose bibs and adequate hose
shall be provided for washing down all areas of the deck. Cross-connection
control device(s) as approved by the TNRCC or the department or state or local
regulatory authority shall be provided. When not in use, hoses shall be stored
in such a manner to prevent a hazard from tripping.
(b)
Entries and exits for new pools. New pools shall have a
minimum of two entry/exits, one serving the shallow end and one serving the
deep end. Entry/exits may consist of ladders, stairs, or recessed treads or
combination thereof and shall conform to the following:
(1)
areas where the vertical distance from the bottom of the
pool to the deck or walk is 18 inches or less at the pool wall may be considered
as an entry/exit;
(2)
for pool areas over 30 feet in width, both sides of
the deep portions shall have entries/exits provided;
(3)
a means of entry/exit for the shallow end shall be
located between the shallow end wall and the cross section at Point C, while
a means of entry/exit for the deep end shall be between the deep end wall
and the cross section at Point B, refer to pool dimensions at subsection (c)(7)
of this section, or if not a diving pool, they shall be so located as to reasonably
serve the respective areas;
(4)
a means of entry/exit shall be provided at a minimum
of every 75 linear feet of pool wall or fraction thereof;
(5)
stairs, ladders, and recessed treads shall be located
so as not to interfere with racing lanes if applicable;
(6)
stairs, ladders, and recessed treads shall have slip-resistant
surfaces; and
(7)
design and construction of pool stairs shall comply
with the following requirements:
(A)
steps shall have a minimum unobstructed horizontal depth
of 12 inches and a minimum width of 20 inches;
(B)
risers for steps shall have a maximum uniform height of
ten inches, with the bottom riser height allowed to vary plus or minus two
inches from the uniform riser height;
(C)
underwater steps shall be provided with a horizontal solid
or broken stripe two inches wide on the top surface along the front leading
edge of each step. This stripe shall be plainly visible to persons on the
pool deck. The stripe shall be a contrasting color to the background on which
it is applied, and the color shall be permanent in nature and shall be a slip-resistant
surface; and
(D)
on existing and new pools, access to the pool's edge and
stairs into the pool shall comply with any applicable requirements for disability
access under federal, state, and local fair housing and handicapped access
laws. It is recommended that a handrail serving all treads be provided where
there is a high ratio of older persons and a low ratio of children using the
pool. A handrail shall be provided in pools for which a lifeguard is required
under these rules. When provided handrails shall comply with the following
requirements:
(i)
handrails, if removable, shall be installed in such a way
that they cannot be removed without the use of tools;
(ii)
the leading edge of handrails for stairs shall be no more
than plus or minus eight inches horizontally from the vertical plane of the
bottom riser or extend into the pool to a water depth of 36 inches as measured
from the horizontal stair surface to the design water level; and
(iii)
the outside diameter of handrails shall range from 1-1/4
inches to 2 inches.
(8)
the design and construction of pool ladder(s)
shall comply with the following requirements:
(A)
pool ladders shall be made entirely of corrosion-resistant
materials;
(B)
two handholds or two handrails shall be provided, one on
each side of the ladder;
(C)
below the water level, there shall be a clearance of not
more than 3-1/2 inches between ladder handrails or ladder tread edge, measured
from the pool wall side of the tread, and the pool wall. See §265.185(c)
of this title (relating to Dimensional Design (Entanglement or entrapment
avoidance for pools and spas));
(D)
the clear distance between ladder handrails shall be a
minimum of 17 inches and a maximum of 24 inches;
(E)
there shall be a uniform height between ladder treads with
a seven inch minimum distance and a 12 inch maximum distance; and
(F)
ladder treads shall have a minimum horizontal depth of
1-1/2 inches.
(9)
the design and construction of recessed treads
in the pool wall shall comply with the following requirements:
(A)
the recessed treads shall have a uniform vertical spacing
of 12 inches maximum and seven inches minimum;
(B)
the vertical distance between the pool coping edge, deck,
or step surface and the uppermost recessed tread shall be a maximum of 12
inches;
(C)
the recessed treads shall have a minimum depth of 4-1/2
inches and a minimum width of 12 inches;
(D)
the recessed treads shall drain into the pool but not be
sloped more than 1/2 inch per foot, to prevent the accumulation of dirt and
debris; and
(E)
each set of recessed treads shall be provided with a set
of handrails/grabrails/handholds one on each side of the ladder to serve all
treads and risers.
(10)
the design and construction of swimouts in the
pool wall shall comply with the following:
(A)
swimouts shall be completely outside the perimeter shape
of the pool;
(B)
when used as an entry/exit access, swimouts shall be provided
with a step(s) to meet the pool stair requirements as stated in subsection
(b)(7) of this section;
(C)
when steps are used in swimouts, they shall be visually
set apart with a horizontal solid or broken stripe two inches wide on the
top surface along the leading edge of horizontal surfaces of each step. The
stripe shall be plainly visible to persons on the pool deck. The stripe shall
be a contrasting color to the background on which it is applied, and the color
shall be permanent;
(D)
are allowed in the deep or shallow areas of the pool;
(E)
the horizontal surface shall be a maximum of 20 inches
below the design water level unless stairs are provided in the swimout; and
(F)
pools that do not utilize a perimeter overflow system shall
provide a wall return inlet or outlet in the swimout to maintain sufficient
circulation.
(c)
Diving facilities.
(1)
New Class A pools intended for accredited competitive aquatic
sports, shall be designed and constructed to provide the dimensions specified
by United States Swimming or United States Diving, National Federation of
State High School Associations (NFHS), or National Collegiate Athletic Association
or the appropriate sanctioning body or the equivalent.
(2)
New pools with diving facilities in excess of three
meters in height or pools designed for platform diving, shall comply with
the pool dimension design requirements of one of the organizations listed
in paragraph (1) of this subsection.
(3)
New diving areas intended for Class B and C pools
shall conform to the minimum water depths, areas, slopes, and other dimensions
shown in subsection (c)(7), of this section. This section does not apply to
platform or deck diving. Competitive diving equipment shall not be installed
on new or existing Class B and C pools. Diving equipment on new Class B and
C pools shall have a fixed fulcrum unless the design and construction meets
the standards for a Class A pool as stated in paragraph (1) of this subsection.
(4)
At new pools, there shall be a completely unobstructed
clear vertical distance of 16 feet above any diving board measured from the
center of the front end of the board. This area shall extend horizontally
at least 12 feet behind, 12 feet to each side and 16 feet ahead of Point A,
as described in subsection (c)(7) of this section.
(5)
The tip of the diving board at a new pool shall be
located at directly above Point A, as described in subsection (c)(7) of this
section, which is the reference point of all other dimensions. If the board
is given more or less overhang, other dimensions shall move further inward
or outward by the same amount respectively.
(6)
When other types of equipment or devices are provided
for water entry at new and existing pools and spas, the location size and
depths of the required water envelope shall be clearly specified by the manufacturer/provider/installer
of the equipment or device and installed according to those specifications.
At new pools, a label shall be permanently affixed to the equipment or device
and shall include the applicable items found in subsection (c)(10) of this
section.
(7)
At new pools, minimum dimensions for diving areas
of Class B and C pools are contained in the following table:
Figure: 25 TAC §265.186(c)(7)
(8)
At new pools, supports, platforms, stairs, and ladders
for diving equipment shall be designed to carry the anticipated loads. At
new pools, stairs and ladders shall be of corrosion-resistant material, easily
cleanable and with slip-resistant tread.
(9)
Diving equipment for new and existing pools shall
be installed according to manufacturer's instructions and specifications supplied
with each unit.
(10)
On new pools, a label shall be permanently affixed
to the diving equipment or jump board and shall include the following:
(A)
manufacturer's name and address;
(B)
board equipment length;
(C)
identification as to diving or jump board;
(D)
fixed fulcrum setting;
(E)
reference to the applicable article(s) in the American
National Standards Institute/National Swimming Pool Institute-2 (ANSI/NSPI-2,
1992) Standards for Public Swimming Pools;
(F)
weight limitations as specified by the board manufacturer,
if available; and
(G)
date of installation.
(11)
At new and existing pools, manufactured diving
equipment shall be installed according to pool types (refer to §265.182(91)(F)-(I)
of this title (relating to Definitions)) that are equal to or larger than
the pool type designated by the manufacturer.
(12)
New diving stands higher than 21 inches measured
from the deck to the top butt end of the board shall have stairs or a ladder
and handrails. Step treads shall be self-draining.
(13)
On new pools, platforms and diving equipment of one-half
to one meter in height shall be protected with guard rail(s) which shall be
at least 30 inches above the diving board and extend from the butt end of
the equipment to the edge of the pool wall. All platforms or diving equipment
higher than one meter shall have dual guard rails which are approximately
18 inches and 36 inches above the diving board. A means shall be provided
on platforms or diving equipment higher than one meter to prevent slips or
falls through the equipment onto the deck surface.
(14)
On new pools, diving equipment shall have slip-resistant
tread surfaces.
(15)
On new pools, diving equipment shall be permanently
anchored to the pool deck.
(16)
At new pools, the top of the diving board from the
deck end to the tip shall be level or have an upward slope of 5/8 inch per
foot maximum, provided elevation difference shall not exceed six inches from
the deck end to the tip of the board.
(17)
At new pools, the maximum construction tolerances
for the installation of diving equipment shall be plus or minus two inches
to allow for construction variances only on Class B and C pools.
(d)
Starting blocks in new and existing pools.
(1)
Starting blocks shall be installed and used to meet the
standards, depth specifications and other requirements of the national competitive
pool organization having jurisdiction over the competition.
(2)
Starting blocks shall only be used during official
competition or when there is direct supervision by the team coach or another
qualified instructor.
(3)
When not directly supervised, the starting block shall
be removed or secured from use to prevent inadvertent use by an untrained
user or by the general public.
(e)
Play equipment for new and existing pools. Playground equipment
in new pool or on new and existing pool deck, which is not covered by the
Amusement Ride and Safety Inspection and Insurance Act (see subsection (g)
of this section), shall be designed and installed according to the CPSC Handbook
for Public Playground Safety, Publication Number 325-1997, or the ASTM Standard
Consumer Safety Performance Specification for Playground Equipment for Public
Use, F1487-1995. It is recommended that playground equipment for existing
pools meet CPSC Guidelines or ASTM standards in existence at the time they
were installed.
(f)
Slides for new and existing pools to comply with CPSC standards.
Slides at new and existing pools that are of the specific configuration and
type, as stated in the CPSC Standard for Swimming Pool Slides as published
in the Code of Federal Regulations, 16 CFR Chapter II, Part 1207, §5.8,
shall comply with those standards.
(g)
Exclusion of certain facilities at new and existing pools.
These subsections are not meant to cover amusement rides as defined under
Texas Department of Insurance, Insurance Code, Chapter 21- General Provisions,
Subchapter E-Miscellaneous Provisions, Article 0021.0060 relating to the Amusement
Ride Safety Inspection and Insurance Act and 28 Texas Administrative Code
(TAC), Insurance, Part I. Texas Department of Insurance, Chapter 5, Property
and Casualty Insurance, Subchapter J. Rules to Implement the Amusement Ride
Safety Inspection and Insurance Act, which regulates large slides and other
such types of amusement devices used at new and existing pool facilities.
§265.187.Circulation Systems.
(a)
Suction outlet covers for new and existing pools and spas.
The circulation system of a new or existing pool or spa shall not be operated
if the main drain grate, or anti-vortex suction outlet, or any suction outlet
cover is missing, broken or loose. In such a case the pool or spa shall be
closed immediately and remain closed until a proper repair or replacement
has been accomplished.
(b)
General circulation requirements for new pools and spas.
A circulation system consisting of pumps, piping, return inlets and suction
outlets, filters, and other necessary equipment shall provide complete and
uniform circulation of water and be designed to accommodate 100% of the turnover
flow rate and maintain the distribution of disinfectant residual through all
parts of the pool or spa.
(1)
The system shall be designed to give the proper turnover
rate based on the manufacturer's specified maximum pressure flow of the filter
in clean media condition. The equipment shall be of adequate size to turn
over the entire pool or spa water capacity at the following minimum rate:
(also refer to §265.203(c) of this title (relating to Operation and Management
(Water clarity standards for new and existing pools and spas));
(A)
a turnover rate of six hours is specified for pools with
average depths of four feet or greater;
(B)
turnover rates in pools with shallower average depths shall
be calculated based upon the formula: average depth times 1-1/2 shall be the
required turnover rate; for example, a pool with an average depth of three
feet will require a 4-1/2 hour turnover rate; or
(C)
a spa recirculation system shall turn over the entire spa
water capacity at a minimum of once every 30 minutes based on the manufacturer's
recommended rate of the filter, with a clean filter.
(2)
Circulation system components which require replacement
or servicing shall be accessible for inspection, repair, or replacement, and
shall be installed in accordance with the manufacturer's specifications.
(3)
Pool and spa equipment and related plumbing shall
be supported to prevent damage from misalignment, settlement, etc. The equipment
shall be mounted to minimize the potential for the accumulation of debris
and moisture, following manufacturer's specifications.
(4)
The water velocity in the pool and spa piping shall
not exceed ten feet per second for discharge piping (except for copper pipe
where the velocity shall not exceed eight feet per second), and six feet per
second for suction piping, and 1-1/2 feet per second flow rate through suction
grates. Pool and spa piping shall be sized to permit the rated flows for filtering
and cleaning without exceeding the maximum head of the pump.
(5)
Circulation system piping, other than that integrally
included in the manufacture of the pool or spa, shall be subject to an induced
static hydraulic pressure test for six hours at a pressure 50% greater than
the maximum design operating pressure of the system or 25 pounds per square
inch whichever is greater. This test shall be performed before the deck is
poured, and the pressure shall be maintained throughout the deck pour.
(6)
The circulation system piping and fittings shall be
nontoxic, and shall be of material(s) able to withstand operating pressures
and operating conditions. Polyvinyl chloride pipe shall bear the NSFI seal
for potable water and be schedule 40 or stronger.
(7)
Pool or spa piping subject to damage by freezing shall
have a uniform slope in one direction and equipped with valves for adequate
drainage or shall be capable of evacuating water to prevent freezing and possible
damage. Pool or spa piping shall be adequately supported and designed to prevent
entrapment of air, water or dirt. Provision shall be made for expansion or
contraction of pipes.
(8)
Equipment shall be designed and fabricated to drain
the pool or spa water from the equipment, by removal of drain plugs and manipulating
valves, or by other methods.
(9)
All pools and spas shall be equipped with the following:
(A)
a pump suction (vacuum) gauge installed as close to the
suction side of the pump as possible without sacrificing accuracy;
(B)
a filter inlet pressure gauge installed on the piping ahead
of the filter in the area of greatest pressure;
(C)
a filter outlet gauge; and
(D)
a rate of flow meter located to accurately (plus or minus
10%) indicate the rate of flow through the filter (during filtering as well
as backwashing) in gallons per minute.
(c)
Exposed piping color-coding for new and existing pools
and spas. Exposed piping in new pools and spas shall be color-coded according
to the following color scheme. It is recommended that piping on existing pools
and spas also be color-coded. If any two colors do not have sufficient contrast
to easily distinguish between them, a six-inch band of contrasting color shall
be painted on one or more of the pipes at approximately 30-inch intervals.
The name of the liquid or gas and arrows indicating direction of flow, should
be painted or otherwise permanently indicated on the pipe. As an alternative
to color-coding for new exposed pipes, or as recommended for existing pipes,
pipes can be labeled to easily and adequately identify the piping function
and direction of flow to the operator.
Figure: 25 TAC §265.187(c)
§265.189.Pumps and Motors.
(a)
Safe pump operation for new and existing pools and spas.
A pump for a new or existing pool or spa shall not be operated if the main
drain grate, anti-vortex suction outlet, or any suction outlet cover is missing,
broken or loose. The pool or spa shall be closed immediately and remain closed
until a proper repair or replacement has been accomplished.
(b)
Safe pump design and operation for new pools and spas.
The design, construction and installation of the pump(s) and component parts
for new pools and spas shall provide safe operation as per manufacturer's
specifications. Pumps for new pools and spas shall comply with UL and/or NEMA
requirements.
(c)
Priming device cross-connection control for new and existing
pools and spas. Any priming device for a new or existing pool or spa pump
receiving piped water from a potable water supply shall be isolated from the
potable supply by means of a cross-connection control device as approved by
the TNRCC or the department or state or local regulatory authority.
(d)
Pump and motor provided for circulation for new and existing
pools and spas. A pump and motor shall be provided for circulation of new
and existing pool and spa water. Performance of all pumps for new pools and
spas shall meet the filter design range of flow required for filtering as
stated in §265.187(b)(1) of this title (relating to Circulation Systems)
and cleaning the filters (if applicable) against the total dynamic head developed
by the complete system and to meet the clarity noted in §265.203(c) of
this title (relating to Operation and Management (Water clarity for new and
existing pools and spas)).
(e)
Cleanable strainer for new pools and spas. With all pressure
filter systems for new pools and spas, a cleanable strainer or screen shall
be provided upstream of the circulation pump(s) to remove solids, such as
debris, hair, and lint, and shall be readily accessible and cleaned routinely.
(f)
Pumps and motors accessible for new pools and spas. Pump(s)
and motor(s) for new pools and spas shall be accessible for inspection and
service as per manufacturer's specifications.
(g)
Durable pump seal for new pools and spas. Where mechanical
pump seal for new pools and spas are provided, components of the seal shall
be corrosion-resisting and capable of operating under conditions normally
encountered in pool or spa operation.
(h)
Pump valves for new pools and spas. When the pump for a
new pool or spa is below the design water level, valves shall be installed
on suction and discharge lines, to enable maintenance and removal of the pump
without draining the pool or spa.
(i)
Motors for new pools and spas.
(1)
Motors shall have as a minimum an open, drip-proof enclosure
as defined by the National Electrical Manufacturers Association (NEMA) Standard
NEMA, MG1-1993, and be constructed electrically and mechanically to perform
satisfactorily and safely under the conditions of load and environment normally
encountered in pool or spa installations. Motors for new pools and spas shall
comply with UL requirements.
(2)
Motors shall be capable of operating the pump under
full load with a voltage variation of plus or minus 10% from the nameplate
rating. If the maximum service factor of the motor is exceeded (at full voltage),
the manufacturer shall indicate this on the pump curve.
(3)
Motors shall have thermal or current overload protection,
either built in or in the line starter, to provide locked rotor and running
protection.
§265.190.Suction Outlets and Return Inlets.
(a)
Closure of new and existing pools and spas if suction outlet
not functional. On a new or existing pool or spa, if the main drain grate,
anti-vortex suction outlet, or any suction outlet cover or grate is missing,
broken or loose, the pool or spa shall be closed immediately and remain closed
until a proper repair or replacement has been accomplished.
(b)
Suction outlets for new pools and spas. Suction outlets
for new pools and spas shall be designed to protect against entrapment and
not constitute a hazard to the user. Any suction outlet system, for a pool
or spa circulation or filtration system, booster system, automatic cleaning
system, solar system, etc., shall be designed to protect against a suction
entrapment, evisceration or hair entrapment/entanglement hazard and shall
comply with the following.
(1)
Suction outlets (other than skimmers) shall be provided
with anti-vortex covers or grates that have been tested by a nationally recognized
testing laboratory and comply with ASME/ANSI A 112.19.8M R96, "Suction Fittings
for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub
Appliances." The installation of the anti-vortex or grate shall be according
to manufacturer's specifications.
(2)
A minimum of two hydraulically balanced suction outlets
(suction fittings), with anti-vortex covers, or grates, per pool or spa pump
suction line shall be provided. Multiple sets of pump suctions shall be permitted
into two or more suction outlets as long as they are hydraulically balanced
and meet the requirement of paragraph (1) of this subsection. The distance
between the suction fittings shall be three feet to five feet for suction
outlets less than 12 inches by 12 inches (144 square inches). All suction
outlets larger than 12 inches by 12 inches (144 square inches) on any pool
or spa shall have a minimum of two hydraulically balanced suction outlets
(main drains) with a separation distance of three feet or more in the lowest
point of the pool or spa floor. The spacing of the suction outlets (main drains)
shall not be greater than 20 feet on centers nor more than 15 feet from each
side wall. No means of isolating suction outlets is permitted that could allow
one suction outlet to serve as the sole source of water to a pump. A single
pipe to a pump suction inlet that serves two or more suction outlets may be
valved off to shut off the flow to the pump.
(3)
Water velocity through suction outlet grates shall
not exceed 1-1/2 feet per second. Suction outlets with velocities exceeding
1-1/2 feet per second are permitted provided each suction outlet has a cover
that has been tested and approved for such velocities by a nationally recognized
testing laboratory and complies with ANSI/ASME A112.19.8M R96, "Suction Fittings
for Use in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub
Appliances." The maximum velocity in the pump suction hydraulic system shall
not exceed six feet per second when 100% of the pump flow comes from the main
drain system and any suction fitting in the system is completely blocked.
The flow through the open area of the remaining suction grate outlet or outlets
shall not exceed 1-1/2 feet per second or shall meet ASME/ANSI A112.19.8M
R96, "Suction Fittings for Use in Swimming Pools, Spas, Hot Tubs, Wading Pools
and Whirlpool Bathtub Appliances."
(4)
Color-coding of piping of exposed piping, see §265.187(c)
(relating to Circulation Systems (Exposed piping color-coding for new and
existing pools and spas));
(c)
Upgrading suction outlet system on existing pools and spas.
Existing facilities shall upgrade the suction outlet system serving the pool
or spa facility so as not to constitute a hazard to the user as follows:
(1)
In accordance with the time frame indicated in subsection
(c)(3)(B) and (C) of this section existing pools and spas shall:
(A)
renovate suction outlets system to comply with subsection
(b) of this section; or
(B)
protect against suction entrapment, evisceration and hair
entrapment by other means. The CPSC "Guideline for Addressing Potential Entrapment
Hazards Associated with Pools and Spas," Publication Number 363-009801, may
be consulted; however, the overriding factor must be to prevent suction entrapment,
evisceration and hair entrapment and the need to reduce, to a practical minimum,
the possibility of drowning, or of injury to the pool or spa user. Such means
shall provide the equivalent or better level of protection as those stated
in subsection (b) of this section. Upgrading of the suction system shall include
as necessary changes to the pool or spa system, circulation, piping, outlets,
inlets, inclusion of vacuum relief device(s), electrical shut offs, and other
electrical devices, etc. which affect the pool or spa safety regarding entrapment
hazard.
(2)
An existing pool or spa shall be considered in
compliance with subsection (c)(1)(B) of this section if each circulation system
for the pool or spa complies with the following:
(A)
all shut-off valves for skimmers and sidewall suction lines
to the pump(s) in the pool or spa are removed or deactivated to prevent them
from being left in a closed position while the pump is running and applying
suction to the main drain;
(B)
all checkvalves in suction lines to the pump(s) in the
pool or spa are removed to allow backflow of water and/or air to release the
suction when the pump is shut off or when loss of suction power occurs;
(C)
the pool has, in addition to a main drain with anti-vortex
cover, either of the following:
(i)
two additional suction outlets (which shall be an adjacent
main drain(s) with antivortex cover, and/or a sidewall outlet(s) with anti-vortex
cover, or a skimmer) which need not be balanced with the main drain; or
(ii)
one additional suction outlet (which may be an adjacent
main drain with antivortex cover, sidewall outlet with anti-vortex cover,
and/or skimmer) and a corrosion-proof, vacuum safety valve which has been
specifically designed and manufactured to prevent entrapment hazards. Such
a valve shall meet UL or other applicable standards as confirmed by a testing
laboratory. The testing laboratory for determining compliance with these standards
shall be properly equipped and qualified for experimental testing, inspections
of products at factories, and service/value determination through field inspections.
It shall operate as a third- party testing/inspection body. Conformity with
standards noted above shall be evidenced by the listing or labeling of such
equipment by such a laboratory. Such a valve shall be installed according
to the manufacturer's specifications.
(D)
the spa has, in addition to the main drain with anti-vortex
cover, either of the following:
(i)
one additional suction outlet (which may be an adjacent
main drain with anti-vortex cover, sidewall outlet with anti-vortex cover,
and/or skimmer) which need not be balanced with the main drain; or
(ii)
a corrosion-proof, vacuum safety valve which has been
specifically designed and manufactured to prevent entrapment hazards. Such
a valve shall meet UL or other applicable standards as confirmed by a testing
laboratory. The testing laboratory for determining compliance with these standards
shall be properly equipped and qualified for experimental testing, inspections
of products at factories, and service/value determination through field inspections.
It shall operate as a third-party testing/inspection body. Conformity with
standards noted above shall be evidenced by the listing or labeling of such
equipment by such a laboratory. Such a valve shall be installed according
to the manufacturer's specifications.
(3)
Required inspections and suction system
upgrade plan and follow-up inspection shall be accomplished for existing pools
and spas as follows:
(A)
A qualified (see paragraph (4) of this subsection) person
shall design any suction system upgrade plan and conduct a follow-up inspection
to confirm that the design upgrades have been accomplished. Such a person(s)
shall also consider how such changes will affect other aspects of pool or
spa safety and sanitation such as clarity, proper circulation, or other issues
related to the upgrade plan so as not to impair the operation or maintenance
of the pool or spa.
(B)
As soon as practicable but no later than October 1, 2002,
all pools and spas in existence prior to October 1, 1999, with outlets in
water five feet or less, shall be inspected and a notarized and signed plan
to upgrade the suction system shall be developed that will include details
regarding any corrective measures necessary to comply with paragraph (1) of
this subsection. By October 1, 2003, all pools and spas in existence prior
to October 1, 1999, with outlets in water deeper than five feet, shall be
inspected and a notarized and signed plan to upgrade the suction system shall
be developed that will include details regarding any corrective measures necessary
to comply with paragraph (1) of this subsection.
(C)
As soon as practicable but no later than October 1, 2003,
all pools and spas with outlets in water five feet or less shall be renovated
as necessary to comply with the detailed plan for suction system improvements
developed as a result of paragraph (2)(A) of this subsection. By October 1,
2004, all pools and spas with outlets in water deeper than five feet shall
be renovated as necessary to comply with the detailed plan for suction system
improvements developed as a result of paragraph (2)(A) of this subsection.
(4)
Inspections and notarized and signed suction
system plans detailing improvements necessary to the suction system shall
be accomplished by a person with the following qualifications:
(A)
a person certified by NSPI as a "Certified Service Technician"
or as a "Certified Building Professional" or the equivalent;
(B)
a professional engineer registered in the state of Texas;
(C)
a professional architect registered in the state of Texas;
(D)
a registered sanitarian or code enforcement officer in
the state of Texas, who has one of the following certifications or the equivalent:
(i)
the NRPA, "Certified Aquatic Facility Operator" (A.F.O.);
(ii)
the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
(iii)
Y.M.C.A., "Pool Operator on Location" (P.O.O.L.);
(iv)
the NSPI, "Service Technician I" or "Service Technician
II" or "Certified Service Technician"; or
(v)
completion of a six hour course encompassing the concepts
and information in the CPSC "Guideline for Addressing Potential Entrapment
Hazards Associated with Pools and Spas", Publication Number 363-009801, and
other related issues.
(5)
After upgrading of the suction system and
prior to opening the pool or spa for use, a follow-up inspection with accompanying
notarized and signed statement from the qualified person attesting to the
fact that improvements have been made to meet the requirements indicated in
paragraph (1) of this subsection, shall be accomplished as follows:
(A)
the inspection shall be performed by a person with the
following qualifications:
(i)
those qualifications as stated in paragraph (4) of this
subsection; or
(ii)
a person who has completed a six hour course encompassing
the concepts and information in the CPSC "Guideline for Addressing Potential
Entrapment Hazards Associated with Pools and Spas", Publication Number 363-009801,
and other related issues; and has one of the following certifications or equivalent:
(I)
the NRPA, "Certified Aquatic Facility Operator" (A.F.O.);
(II)
the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
(III)
Y.M.C.A., "Pool Operator on Location" (P.O.O.L.); or
(IV)
the NSPI, "Service Technician I"; and
(B)
a copy of the notarized and signed detailed plan required
in paragraph (3) of this subsection, and the notarized and signed statement
attesting to the fact that improvements have been constructed as required
in paragraph (1) of this subsection, shall be kept on file by the owner, and
the qualified person who conducted the follow-up inspection, and made available
for review at a reasonable time upon the request by the department or other
local regulatory authority.
(C)
the owner/operator shall obtain a new notarized and signed
statement from a qualified person (as defined in paragraph (5)(A) of this
subsection) attesting to the fact that improvements have been constructed
as required in paragraph (1) of this subsection when any changes subsequent
to those accomplished by notification in subparagraph (B) may affect the safety
of the suction outlet system. This notarized and signed statement shall be
kept on file by the owner/operator and the qualified person who conducted
the follow-up inspection, and made available for review at a reasonable time
upon the request by the department or other local regulatory authority.
(d)
On a new or existing pool or spa, all suction outlet covers,
grates, anti-vortex suction outlets, etc., shall be secured in such a way
that they can be removed only with the use of a tool.
(e)
Vacuum outlets for new pools and spas. Vacuum outlets for
new pools and spas shall be provided with covers which automatically close
and automatically latch and can only be opened with the use of a tool. Such
covers shall be securely closed and latched when the pool or spa is open for
use. Where a vacuum outlet is internally located in a skimmer which is provided
with a cover, a separate cover for the vacuum outlet is not required. If vacuum
cleaner fittings are provided, they shall be located in an accessible position(s)
at least 12 inches and no greater than 18 inches below the design water level
or as an attachment to the skimmer(s).
(f)
Vacuum outlets for existing pools and spas. Vacuum outlets
for existing pools and spas shall be provided with covers which can only be
opened with the use of a tool, or which meet the requirements of subsection
(e) of this section. Such covers shall be securely closed when the pool or
spa is open for use. Where a vacuum outlet in an existing pool or spa is internally
located in a skimmer which is provided with a cover, a separate cover for
the vacuum outlet is not required.
(g)
Automatic cleaners not operated while a new or existing
pool or spa is in use. In a new or existing pool or spa an automatic bottom
or side cleaner that could provide a means of entanglement or entrapment shall
not be in the pool or operated while the facility is open for use.
(h)
Return inlets in new pools and spas. Return inlets in new
pools and spas shall comply with the following.
(1)
Return inlet(s) from the circulation system shall be designed
to not constitute a hazard to the user.
(2)
A pool or spa shall have a minimum of two return inlets
regardless of pool or spa size. At least one return inlet is required for
every additional 300 square feet of pool or spa surface area or fraction thereof.
(3)
Inlets from the recirculation system shall not project
more than one inch beyond the pool or spa wall surface and shall be submerged
at least 12 inches below the design water level. Inlets in the pool or spa
bottom shall be flush with the floor. Bottom inlets will be considered to
have an area of influence within a radius of 15 feet.
§265.191.Surface Skimming and Perimeter Overflow (Gutter) Systems.
(a)
Safe surface skimming and perimeter overflow system for
new pools and spas. A surface overflow device in a new pool or spa shall be
designed and installed so as not to constitute a hazard to the user. Skimmer
and perimeter overflow systems shall be designed to prevent entrance or entrapment
of a limb, body or hair. Also see §265.184(c) of this title (relating
to General and Structural Design (regarding equipment meeting any applicable
NSFI Standard-50 standards)).
(b)
Surface skimming and perimeter overflow system provided
for new pools and spas. A surface skimming or perimeter overflow (gutter)
system shall be provided and shall be designed and constructed to skim the
surface of a new pool or spa when the water level is maintained within the
operating water level range of the system's rim or weir device. The operating
water level for a perimeter overflow system shall be slightly over the overflow
(gutter) lip or, in the case of surface skimmers, within the vertical operating
range of the skimmers.
(c)
Surface skimmer systems for new pools and spas. Surface
skimmer systems for new pools and spas shall comply with the following:
(1)
the return inlet(s) shall be located so as to help bring
floating particles within range of the skimmers;
(2)
when surface skimmers are used, they shall be located
to maintain effective skimming action throughout the pool or spa;
(3)
where surface skimmers are used in a pool as the sole
overflow system, at least one surface skimmer shall be provided for each 500
square feet or fraction thereof of the water surface area (recessed areas
such as stairs, and swimouts shall not be considered in the calculation);
(4)
where surface skimmers are used on a spa, one surface
skimmer shall be provided for each 150 square feet, or fraction thereof;
(5)
the circulation system shall be designed to handle
100% of pool or spa flow through surface skimmers;
(6)
flow rate shall be no less than three gallons per
minute per skimmer per weir inch;
(7)
skimmer covers located on a walking surface shall
be securely seated, slip- resistant, of sufficient strength to withstand normal
deck use, and not constitute a tripping hazard; and
(8)
surface skimmer systems shall be provided with a skimmer
equalizer pipe which is connected from the skimmer housing to the pool or
spa below the weir and sized to satisfy pump demand and prevent air lock,
and a skimmer equalizer valve device on the equalizer line that opens when
water level inside the skimmer tank drops below operating level and remains
closed during normal skimming as per NSFI-50.
(d)
Perimeter overflow (gutter) surface skimming systems for
new pools and spas. Perimeter overflow (gutter) surface skimming systems for
new pools and spas shall comply with the following:
(1)
when a perimeter overflow (gutter) surface skimming system
is used as the sole surface skimmer system, this system shall extend around
a minimum of 50% of the perimeter of the pool or spa;
(2)
when perimeter overflow (gutter) surface skimming
system is used, it shall be connected to the circulation system with a system
surge capacity not less than one gallon for each square foot of pool surface;
(3)
when perimeter overflow (gutter) surface skimming
system is used in a spa it shall be connected to the circulation system with
a system surge capacity not less than two gallons for each square foot of
spa surface; and
(4)
the hydraulic capacity of a perimeter overflow (gutter)
surface skimming system shall be capable of handling 100% of the circulation
flow.
§265.192.Electrical Requirements.
(a)
National Electrical Code (NEC) for new pools and spas.
All installations of electrical equipment at new pools and spas, restrooms,
equipment rooms and other facilities serving pools or spas shall comply with
the applicable provisions set forth in the 1999 edition of the NEC or local
electric code.
(b)
National Electrical Code (NEC) for existing pools and spas.
Existing pools or spas restrooms, equipment rooms and other facilities shall
meet the NEC that was in effect on the date of construction of the pool or
spa or the 1999 edition of the NEC or local electric code.
(c)
Electrical equipment for new pools and spas. Electrical
equipment for new pools and spas shall be the types of electrical equipment
and their ratings for which suitable electrical safety standards have been
established and which have been listed by a qualified electrical testing laboratory.
The standards to be adopted as criteria for the safety of such equipment shall
be those designated and recognized as safety standards, are publicly available,
and have a broad level of public acceptance selected from among the following:
(1)
American National Standards Institute (ANSI);
(2)
standards of a qualified technical society, trade
association, agency, or other organization or national scope and recognition;
(3)
federal, state or local governmental safety standards;
and
(4)
the standards shall be consonant with the installation
and equipment requirements of the NEC. The testing laboratory for determining
compliance with these standards shall be properly equipped and qualified for
experimental testing, inspections of products at factories, and service/value
determination through field inspections. It shall operate as a third- party
testing/inspection body. Conformity with standards noted above shall be evidenced
by the listing or labeling of such equipment by such a laboratory.
(d)
Proper installation in new and existing pools and spas.
All electrical components for new and existing pools and spas shall be installed
to meet manufacturer's specifications and applicable federal, state or local
codes and be in compliance with UL-1241 regarding Junction Boxes for Swimming
Pool Fixtures and UL-1081 regarding Swimming Pool Pumps, Filters and Chlorinators.
(e)
Ground fault interrupters in new and existing pools and
spas. For new and existing pools or spas, electrical equipment such as duplex
plugs and lighting and other electrical equipment serving pool or spa facilities
shall be protected with ground fault interrupter circuits that comply with
NEC-1999.
(f)
Bonding and grounding in new pools and spas. To reduce
electrical shock, electrical equipment serving a new pool or spa shall be
grounded and bonded as per ANSI/UL 1563-1995 "Standard for Electric Hot Tubs,
Spas and Associated Equipment" and NEC-1999. Pool and spa pumps shall be both
internally and externally grounded.
(g)
Overhead wires above new and existing pools and spas. For
new and existing pools or spas, no overhead electrical wiring shall pass within
20 feet of the pool or spa enclosure.
(h)
Electrical disconnecting means for new pools and spas.
Electrical disconnecting means for new pools and spas shall be accessible,
located within sight from the pool or spa, and be located at a distance from
the inside wall of the pool or spa as required by NEC-1999, Chapter 6, Article
680-12 - Disconnecting Means.
(i)
Location of other electrical equipment for new pools and
spas. Electrical switches, outlets, deck lights and other such electrical
equipment shall be located at a distance from the inside wall of a new pool
or spa unless separated from the pool or spa by a solid fence, wall or other
permanent barrier as required by NEC-1999, Chapter 6, Article 680 - Swimming
Pools, Fountains, and Similar Installations.
§265.193.Heaters.
(a)
Certification of heaters or boilers for new and existing
pools and spas. If required by TDLR, both new and existing pool and spa heaters
or boilers shall have a current certificate of operations from the TDLR. In
addition, all pool and spa heater installation and energy sources for new
pools and spas shall be designed, constructed and operated to comply with
applicable local, state, or federal codes or standards as well as the manufacturer's
specifications.
(b)
Installation and testing for new pools and spas. This subsection
pertains to appliances using either fossil fuels such as natural gas, liquid
petroleum gas, and No. 2 fuel oil, or electric heating equipment for heating
pool water for new pools and spas and shall comply with the following.
(1)
Heaters shall comply with ANSI Z21.56-1994, Standards for
Gas-Fired Heaters, or for electrical heaters UL 1261-1992, or UL 559-1985
for heat pumps.
(2)
Heaters shall be installed on a surface with sufficient
structural strength to support the heater when it is full of water and operating.
The heater shall be level and stationary after plumbing, gas and/or electrical
connections are completed.
(3)
Heaters requiring a non-combustible surface per the
manufacturer, shall be placed on a concrete or other accepted surface in accordance
with ANSI Z21.56-1994-Gas-Fired Heaters.
(4)
Heaters shall be installed and maintained with at
least the minimum clearances to combustibles for which the heater has been
tested as specified by the manufacturer.
(5)
Heaters shall have adequate ventilation in order to
ensure proper operation.
(6)
Heaters shall be grounded and bonded to reduce electrical
shock hazard.
(7)
Heaters with electronic ignition shall be wired in
series with the circulation pump to ensure they will not turn on when the
pump is off.
(8)
Water flow through heaters, bypass plumbing installed,
cross-connection protection, and heat sinks shall be installed in accordance
with the manufacturer's and TNRCC specifications or the department, or state
or local regulatory authority.
(c)
Temperature and thermometer for new and existing spas.
The maximum temperature of the water in a new or existing spa shall not exceed
104 degrees Fahrenheit (40 degrees Centigrade). At a new or existing spa,
an unbreakable thermometer (plus or minus one degree Fahrenheit tolerance)
that is designed for use in a spa environment shall be available for patrons
and staff to monitor spa temperature. The control for the spa temperature
shall not be accessible to the spa user. It is recommended that the operating
temperature in the spa be limited to not more than 102 degrees Fahrenheit.
(d)
Heating energy source for new pools and spas. The heating
energy source for new pools and spas shall comply with the following.
(1)
Pool and spa heater energy sources shall be designed, constructed
and operated to comply with applicable local, state, or federal codes or standards
as well as the manufacturer's specifications.
(2)
The natural gas energy supply piping shall comply
with manufacturer's specifications and ANSI Z223.1-1996-National Fuel Gas
Code.
(3)
Gas lines shall have a gas cock, properly sized and
readily accessible outside the jacket, to stop the flow of natural gas for
heater service or emergency shutdown.
(4)
Where liquid petroleum gas appliances are used, they
shall be installed in accordance with ANSI/NFPA 58-1998-Storage and Handling
of Liquefied Petroleum Gases.
(5)
The storage tank, supply piping and regulator shall
be adequately sized to ensure operating fuel pressures as specified by the
appliance manufacturer.
(6)
Propane appliances located in a pit or enclosed area
shall be installed in accordance with ANSI/NFPA 58-1998 standards.
§265.194.Pool and Spa Water Supply.
(a)
Initial fill water for new and existing pools and spas.
The water supply used to fill a new or existing pool or spa shall be from
a potable water system which meets applicable standards of TNRCC or meets
the approval of the department or local regulatory authority.
(b)
Make-up water source for new and existing pools and spas.
In a new or existing pool or spa, make-up water to maintain the pool or spa
water level and water used as vehicle for disinfectants or other pool or spa
chemicals, for pump priming or for other such additions to the pool or spa
shall be from a potable water system and shall meet applicable standards of
TNRCC or the department or local regulatory authority.
(c)
No direct mechanical connection for new and existing pools
and spas. In a new or existing pool or spa, no direct mechanical connection
shall be made between the pool or spa, chlorinating equipment, or the system
of piping for the pool or spa and the sanitary sewer system, septic system
or other wastewater disposal system.
(d)
Fill spout for new pools and spas. An over-the-rim spout,
if used in a new pool or spa, shall be located under a diving board, adjacent
to a ladder, or otherwise properly shielded so as not to create a trip or
other hazard. Its open end shall have a secured soft pliable end (for example,
a short section of a rubber hose) to prevent injury to patrons and shall not
protrude more than two inches beyond the edge of the pool or spa. The end
of the soft pliable outlet shall be separated from the maximum possible pool
or spa water level by an airgap at least two times the diameter of the pipe.
Other methods for addition of water to the pool may be used as long as cross-connections
control and other safety considerations are adequately addressed.
(e)
Fill spout for existing pools and spas. An over-the-rim
spout, if used in an existing pool or spa shall have a secure soft pliable
end (for example, a short section of rubber hose) to prevent injury to patrons
and shall not protrude more than two inches beyond the edge of the pool or
spa. The end of the soft pliable outlet shall be separated from the maximum
possible pool or spa water level by an airgap at least two times the diameter
of the pipe.
§265.195.Facility Drinking Water Supply.
(a)
Potable water source for new and existing pools and spa
facilities. The water supply serving a new or existing pool or spa facility,
such as drinking water fountains, plumbing fixtures, lavatories and showers
shall be a potable water system and shall meet applicable standards of TNRCC.
(b)
No cross-connections at new and existing pools and spas.
At a new or existing pool or spa, no direct mechanical connection shall be
made between the potable water supply and the pool or spa, chlorinating equipment,
or the system of piping for the pool or spa, unless it is protected against
cross-connection in a manner in compliance with 30 Texas Administrative Code,
TNRCC, Chapter 290, Water Hygiene, Subchapter D, Rules and Regulations for
Public Water Systems, §290.44(h) (relating to Water Distribution) concerning
back siphonage or other regulatory authority.
(c)
Drinking water fountain for new pools and spas. At least
one drinking fountain shall be provided and available to users at a new pool
or spa.
(d)
Location of waterlines for new pools and spas. Location
of water lines at a new pool or spa facility shall be in compliance with 30
TAC, Chapter 290, Water Hygiene, Subchapter D, Rules and Regulations for Public
Water Systems, §290.44(e) (relating to Water Distribution), TNRCC, concerning
location of waterlines or other regulatory authority.
§265.197.Disinfectant Equipment and Chemical Feeders.
(a)
Disinfectant equipment replacement for existing pools.
When equipment is replaced on existing pools and spas and the equipment falls
within the scope of ANSI and NSFI Standard- 50-1996 (ANSI/NSFI-50-1996), the
equipment shall meet this standard.
(b)
Disinfectant equipment and practices at new pools and spas.
Disinfectant equipment and practices at new pools and spas shall comply with
the following:
(1)
Disinfectant equipment and installation shall comply with
ANSI/NSFI-50- 1996, "Circulation System Components and Related Materials for
Swimming Pools, Spas/Hot Tubs."
(2)
Disinfectant feed systems shall have the capacity
to maintain up to 5 parts per million chlorine or approved equivalent for
outdoor pools and up to 3 parts per million chlorine or approved equivalent
for indoor pools, under all conditions of intended use. The disinfectant feed
system at a new outdoor spa shall have the capacity to maintain up to 8 parts
per million chlorine or approved equivalent and up to 5 parts per million
chlorine or approved equivalent in a new indoor spa.
(c)
Disinfectant equipment and practices at new and existing
pools and spas. Disinfectant equipment and practices at new and existing pools
and spas shall comply with the following:
(1)
A chlorine or bromine residual or other method of disinfectant
approved by the Department shall be maintained in the pool or spa water to
meet the requirements of §265.204(a) of this title (relating to Water
Quality (Required water quality for new and existing pools and spas)). Disinfection
equipment shall be selected and installed so that continuous and effective
disinfection can be secured under all conditions. The use of elemental gas
chlorine shall be in compliance with §265.198 of this title (relating
to Gas Chlorination).
(2)
The pool or spa water shall be continuously disinfected
by a disinfecting agent whose residual can be easily measured by simple and
accurate field tests.
(3)
Personnel responsible for the operation of the disinfection
agent and other potentially hazardous chemicals shall be properly trained
as required in §§295.1-295.8 and §295.10 of this title (relating
to Hazard Communication). Protective equipment and clothing, including rubber
gloves and goggles, and any other protective gear and safety information shall
be provided as required in §§295.1-295.8 and §295.10 of this
title.
(4)
Disinfection or other chemicals and feed equipment
shall be stored in such a manner that pool and spa users shall not have access
to such facilities and/or chemicals. Dry chemicals shall be stored off the
floor in a dry, above ground level room and protected against flooding or
wetting from floors, walls, and ceiling.
(5)
All chemical bulk and day tanks shall be clearly labeled
to indicate the tank's contents.
(6)
Solution containers shall be provided with a cover
to prevent the entrance of dust, insects, and other contaminants.
(7)
It is recommended that day tanks be provided to minimize
the possibility of severely overfeeding liquid chemicals.
(8)
Chlorine compounds shall not be stored in the same
area as petroleum products as required in §§295.1-295.8 and §295.10
of this title.
(9)
If needed in order to maintain proper chemical levels,
chlorine, pH or other chemical control equipment which automatically adjusts
chemical feed based on demand, shall be provided in order to meet §265.204(a)
of this title.
(10)
If ancillary non-chlorine or non-bromine disinfectants
are used, they shall be used in addition to chlorine or bromine or other approved
equivalent, see §265.204(a) of this title.
(11)
Disinfectant agents for pools and spa shall be registered
for use by the United States Environmental Protection Agency (EPA).
(12)
Supplemental hand feeding of disinfectant or other
chemicals directly into the pool or spa shall not occur when the pool or spa
is occupied by users.
(13)
Pool and spa skimmer baskets shall not be used as
chemical feeders.
(14)
It is recommended that an automated chemical control
system that monitors disinfectant and pH be installed to assure constant adequate
disinfectant and pH levels and to preclude overfeeding.
(d)
Chemical feeders at new and existing pools and spas. Chemical
feeders at new and existing pools and spas shall:
(1)
be installed, maintained and operated in accordance with
the manufacturer's specifications;
(2)
be installed so that the gas or solution is introduced
downstream from the filter and heater and, if possible, at a point lower than
the heater outlet fitting or according to manufacturer's instructions;
(3)
incorporate failure-proof features so that the chemical
cannot feed into the pool or spa, the pool or spa piping system, water supply
system, or the pool and spa enclosure if equipment or power fails. Chemical
feed pumps shall be wired so they cannot operate unless there is adequate
return flow to properly disburse the chemical throughout the pool or spa as
designed;
(4)
be regulated to ensure constant feed with varying
supply or back pressure;
(5)
be designed to prevent siphoning from the recirculation
system to the solution container and to prevent the siphoning of the chemical
solution into the pool or spa;
(6)
have a graduated and clearly marked dosage adjustment
to provide flows from full capacity to 10% of such capacity. The device shall
be capable of continuous delivery within 10% of the dosage at any setting;
and
(7)
be provided with make-up water supply lines to chemical
feeder solution containers that have an air gap or other acceptable cross-connection
control.
§265.198.Gas Chlorination.
This section applies to existing Class A, B, C or D pools and existing
spas using gas chlorination, and new Class A or B pools using gas chlorination.
Gas chlorination equipment shall not be installed on new Class C or Class
D pools, or on new spas.
(1)
Trained personnel. Trained personnel shall be provided
to meet §265.197(c)(3) of this title (relating to Disinfectant Equipment
and Chemical Feeders (Disinfectant equipment and practices at new and existing
pools and spas)).
(2)
Two trained persons. Two persons trained in the performance
of routine chlorination operation and emergency procedures shall be readily
available during normal operating hours. Pool personnel shall be informed
about leak control procedures. It is recommended that a Chlorine Institute
Emergency Kit A be provided and stored at an approved location where it is
readily accessible per the emergency response plan. Only trained designated
personnel shall operate the chlorinator and change chlorine cylinders.
(3)
Safe equipment location. Chlorination equipment shall
be located so that failure or malfunction will have minimum effect on evacuation
of pool patrons in an emergency.
(4)
Chlorinator. Gas chlorinators shall be the type where
the regulator attaches to the cylinder, with the injector is located at the
point of injection, with a vacuum line taking suction at the regulator and
delivering the gas to the vacuum injector. They shall be designed to prevent
the suction of water into the chlorination system if the booster pump fails
to operate.
(5)
Booster pump. A booster pump water supply for the
gas chlorinator injector shall be capable of producing the flow rate and pressure
required by the manufacturer's specifications for proper operation of the
equipment.
(A)
Elemental chlorine feeders (chlorinators) shall be activated
by a booster pump using recirculated water supplied via the recirculation
system.
(B)
A booster pump shall be interlocked to the filter pump
to prevent feeding of chlorine when the recirculation pump is not running.
(6)
Housing. The chlorinator, cylinders of chlorine,
and associated equipment shall be housed in a separate corrosion-resistant
room reasonably gas-tight having a floor area adequate to the purpose. The
following shall apply to housing structures:
(A)
all enclosures shall be located at or above ground level;
(B)
the enclosure shall be provided with: ducts from the bottom
of the enclosure to the atmosphere in an unrestricted area, a motor-driven
louvered exhaust fan capable of producing at least one air change per minute,
near the top of the enclosure for admitting fresh air or negative pressure
ventilation may be provided as long as the facilities also have gas containment
and treatment as prescribed by the Uniform Fire Code (UFC);
(C)
a warning sign shall be posted on the exterior side of
the doors which states in four inch letters, "DANGER CHLORINE";
(D)
the doors to the chlorine room shall open away from the
pool and open outward and have panic hardware;
(E)
electrical switches for the control of artificial lighting
and ventilation shall be on the outside of the enclosure adjacent to the door.
Adequate lighting shall be provided;
(F)
at least one door shall have a viewport to permit the operators
to look into the room before entering; and
(G)
the door shall be kept locked when the chlorine room is
not being serviced.
(7)
General gas chlorine safety features. The following
gas chlorination safety features shall be required.
(A)
Two full-face self-contained breathing apparatus (SCBA)
or supplied air respirators that meet Occupational Safety and Health Administration
(OSHA) or Mine Safety Health Administration (MSHA) standards shall be provided
for protection against chlorine in the event of a leak. This equipment shall
have sufficient capacity for the purpose intended. SCBA equipment shall be
readily accessible at a location acceptable to the Local Emergency Planning
Committee and/or the local fire chief. Entry into the chlorine room shall
not be permitted without necessary safety equipment (i.e., SCBA for leaks,
or escape type half-face or mouthpiece cartridge-type respirator or SCBA when
conducting general maintenance, changing cylinders, etc.) and two trained
personnel at the site. In addition, a written respirator program shall be
provided and employees shall be trained in the use and maintenance of such
equipment to ensure operability and safety. Occupational Safety and Health
Administration (OSHA) regulations 29 CFR 1910, require training and maintenance
programs for respirators. All applicable local, state or federal requirements
concerning the proper handling of chlorine shall be followed.
(B)
Containers may be stored indoors or outdoors. Full and
empty cylinders shall be segregated and appropriately tagged. Cylinders, empty
or full shall always be stored in an upright position and properly secured.
Cylinders shall be chained to a wall or scale support. Storage conditions
shall:
(i)
minimize external corrosion;
(ii)
be clean and free of trash;
(iii)
not be near elevator shafts or intake vents; and
(iv)
be away from elevated temperatures or heat sources.
(C)
Chlorine cylinders shall be handled with care. Valve protection
caps and valve outlet caps shall be in place at all times except when the
cylinder is connected for use. Cylinders shall not be dropped and shall be
protected from falling objects. Cylinders shall be used on a first-in, first-out
basis. New, approved washers shall be used each time a cylinder is connected.
(D)
As soon as a container is empty, the valve shall be closed
and the lines disconnected. The outlet cap shall be applied promptly and the
valve protection hood attached. The open end of the disconnected line shall
be plugged or capped promptly to keep atmospheric moisture out of the system.
A chlorine valve shut off wrench shall be kept on the cylinder valve stem
of the cylinder that is in use.
(E)
Contents of a chlorine cylinder can be determined only
by weight; therefore, facilities shall include a scale suitable for weighing
the cylinders. Changing cylinder(s) shall be accomplished only after weighing
proves contents of cylinder to be exhausted. Care shall be taken to prevent
water suck-back into the cylinder by closing the cylinder valve.
(F)
The telephone number of the chlorine supplier shall be
posted. In the event of a chlorine leak, the fire department or an agency
trained in the handling of chlorine spills shall be immediately contacted.
The telephone numbers of the fire department or above agency shall be posted
on the outside of the chlorine room door.
(G)
It is recommended that information regarding safety issues
be posted in or near the chlorine enclosure and in the pool office near the
telephone. Such charts are available from many suppliers and from the Chlorine
Institute. In addition, the Chlorine Institute publishes a document called
"Chlorine Safety At Nonresidential Swimming Pools", Edition 1, 1988, pamphlet
82.
(H)
It is recommended that an automatic chlorine leak detector
be installed in the chlorine room with an audible alarm installed at the pool
site and at the remote site where emergency response personnel are located.
(I)
The chlorinator and all line and tank fittings shall be
checked for leaks at regular intervals and after every tank exchange. A small
bottle of fresh ammonia solution (or approved equal) for testing for chlorine
leakage shall be provided and accessible outside the chlorinator room when
chlorine gas is used.
(J)
Tanks and cylinders shall be secured as necessary to prevent
spills.
§265.199.Specific Safety Features.
(a)
Handholds for new pools and spas. A new pool or spa shall
be provided with a handhold around its perimeter in areas where depths exceed
42 inches. Handholds shall be provided no farther apart than three feet to
include, but not limited to, one or a combination of the following items:
(1)
handholds such as coping, rope, railing, ledge, or deck
along the immediate top edge of the pool which provides a slip-resistant surface
shall be at least four inches minimum horizontal width and located at or not
more than nine inches above the design water level. The coping, decking or
other material shall have rounded, slip-resistant edges, and shall not exceed
three and one-half inches in thickness. The overhang of the coping, decking
or other material shall not exceed two inches nor be less than one inch; and
(2)
ladders, stairs, or seat ledges, in accordance with
§265.186(b) of this title (relating to Deck Entry/Exit, and Diving Facilities,
and Other Deck Equipment (Entries and exists for new pools)).
(b)
Float lines and floor markings for new pools. Float lines
with floats and floor markings for a new pool shall comply with the following.
(1)
For Class A and B pools, a rope and float line shall be
provided between one foot and two feet on the shallow side of the five foot
depth along and parallel to this depth from one side of the pool to the other
side. The floats shall be spaced at not greater than seven foot intervals.
The floats shall be secured so they will not slide or bunch up. The tightly
stretched float line shall be of sufficient size and strength to offer a good
handhold and support loads normally imposed by users.
(2)
For Class A and B pools, the transition point of the
pool from the shallow area to the deep area (five foot deep) shall be visually
set apart with a four inch minimum width row of floor tile, a painted line,
or similar means using a color contrasting with the bottom.
(3)
For Class C pools, the transition point of the pool
from the shallow to the deep area shall be visually separated with one of
the following:
(A)
preferably a visible rope and floats spaced at not greater
than seven foot intervals; or
(B)
a four inch minimum width row of floor tile, painted line,
or similar means using a color contrasting with the bottom.
(4)
Where lap lanes are provided, the lanes shall
be separated from other areas of the pool (i.e., shallow, beginning, diving)
areas with the use of rope and float line.
(5)
Rope and float line shall be securely fastened to
wall anchors of corrosion- resisting materials and of the type which shall
be recessed or have no projection that will constitute a hazard when the line
is removed.
(c)
Depth markers for new pools. New pools shall comply with
the following depth marker requirements.
(1)
Vertical sidewall depth marker numbers and units of measurement
shall be four inches in height. These vertical sidewall depth marker number
and units of measurement shall be plainly and conspicuously posted above the
actual water level on the vertical pool wall and be positioned to be read
by a user while in the pool. If a vertical sidewall depth marker number and
units of measurement cannot be placed on the vertical wall with the entire
marker above the actual water level (e.g. zero depth pool edge or other coping
types which do not allow sufficient space for the four inch depth markers)
other methods may be used to mark the depth and unit of measurement, such
as eight inches in height markings placed above the pool deck level and on
a wall, fence, or sign no further than 12 feet from the pool or by some other
means to display the depth to a patron in the pool. If it is not possible
to display the vertical depth marker numbers and units of measurement by a
method described above, or an equivalent method, then such display will not
be required.
(2)
Vertical sidewall depth markers and deck depth markers
shall indicate the pool depth from the design water level to the floor of
the pool with a vertical measurement taken three feet from the pool wall.
(3)
Depth markers and units of measurement on deck and
vertical sidewall shall be of contrasting color to the background on which
they are applied, and the color shall be of a permanent nature.
(4)
On pool decks, depth marker number and units of measurement
shall be within 24 inches of the water edge and positioned to be read while
standing on the deck facing the water. These deck depth marker numbers and
units of measurement shall be four inches in height.
(5)
Units of measurement shall either spell out "feet"
or "inches" or abbreviate "Ft.", "In." or feet and fractions of a foot. In
addition to feet and inches the depth of water may also be displayed in meters.
Units of measurement for meter depth markers may be spelled out "meters" or
abbreviated "M".
(6)
Vertical sidewall depth markers and deck depth markings
and units of measurement shall be arranged uniformly around the pool.
(7)
Vertical sidewall depth markers and deck depth markings
and units of measurement shall be installed at the maximum and minimum water
depths and at all points of bottom slope change.
(8)
Vertical sidewall depth markers and deck depth markers
and units of measurement on irregularly shaped pools shall designate depths
at all major deviations in shape as well as conform to all other requirements
of this subsection.
(9)
Vertical sidewall depth markers and deck depth markers
and units of measurement shall be installed at intermediate increments of
water depth not to exceed two feet, nor spaced at distances greater than 25
foot intervals, and with a minimum of at least one marker per pool side.
(10)
Depth marker number and units of measurement on the
deck shall be slip- resistant.
(d)
Deck "NO DIVING" wording and international symbol warning
signs for new and existing pools. This subsection applies to new and existing
pools. The warning words "NO DIVING" and the international symbol for no diving
shall be clearly marked on the pool deck with an acceptable contrasting color
and letters at least four inches in height. The warning shall be placed at
least every 25 feet or fraction thereof, around the pool where the water depth
is six feet or less, and it is recommended that such signage be marked on
the pool deck in water deeper than six feet. At least two warnings including
the "NO DIVING" and international symbol for no diving, one at the extreme
ends of the minimum depth and one at the extreme ends of the maximum depth
at six feet, shall be provided on each side of the pool or on each of the
longer dimensional sides of the pool. These warning signs shall be slip-resistant.
The warning "NO DIVING" and international symbol on the deck shall be within
24 inches of the water edge and positioned to be read while standing on the
deck facing the water.
(e)
Signs for new and existing pools. New and existing pools
shall comply with the following sign requirements.
(1)
Signs shall be securely mounted as applicable and readily
visible to the pool user from inside the pool enclosure.
(2)
For Class C and D pools where no lifeguard is provided,
a sign shall be placed in plain view and shall state "NO DIVING" along with
an international warning symbol for no diving. The letters "NO DIVING" and
the symbol shall be at least four inches high.
(3)
For pools where no lifeguard service is required,
a warning sign shall be placed in plain view and shall state "WARNING-NO LIFEGUARD
ON DUTY" with clearly legible letters at least four inches high. In addition,
the sign shall also state in letters at least two inches high "CHILDREN SHOULD
NOT USE POOL WITHOUT ADULT SUPERVISION". The additional signage required in
this subsection may be included on the sign described in paragraph (2) of
this subsection. The language on the sign may impose stricter adult supervision
requirements for children using the pool.
(4)
When a required telephone is not readily visible from
a new or existing pool or spa, directions shall be posted regarding its location
as stated in subsection (i) of this section.
(5)
In addition to English, in areas of Texas where a
majority of citizens are non-English speaking, it is also recommended that
signs, and other written warnings required by these standards, be posted in
the predominant language.
(f)
Lifeguard personnel standards and lifeguard equipment at
new and existing pools. New and existing pools shall comply with the following
lifeguard requirements.
(1)
Lifeguards and second responders shall be provided at new
and existing Class A pools during competitive events and B pools and at Class
C pools with diving boards. At pools where lifeguards are not provided, refer
to subsection (e)(3) of this section relating to signs.
(2)
When a lifeguard is provided at a pool, the following
shall apply.
(A)
At all times the pool is in use, at least one lifeguard
(and more as necessary) shall be positioned and actively performing pool user
surveillance and be able to meet the 10/20 rule for all areas of the pool
in use. No user shall be permitted in a pool area unless a lifeguard(s) is/are
present.
(B)
The lifeguard(s) shall hold a current and have available
on request the American Red Cross (ARC) "Lifeguard Training" certificate or
the equivalent certification from an aquatic safety organization, which also
includes training in (ARC) "Adult, Infant, and Child CPR" and "Community First
Aid" or their equivalent. Management at each facility will maintain a current
file on each staff's current certification including expiration dates.
(C)
An additional lifeguard, or second responder who is monitoring
and readily available at the pool, who has a minimum training in (ARC) "Adult,
Infant, and Child CPR" and "Community First Aid" certificate or equivalent
certificate, shall also be in the pool area when the pool is in use.
(D)
Lifeguard(s) conducting surveillance of pool users shall
not be subject to duties that would distract their attention from proper observation
of the patrons, or that would prevent immediate assistance to persons in distress
in the water.
(E)
Pool facilities shall provide alertness/response drills
and other training including documentation of the following:
(i)
a pre-season training program;
(ii)
a continual "in-service" training programs for all lifeguards,
and other aquatic personnel totaling a minimum 60 minutes per week; and
(iii)
performance "audits" based on the 10/20 rule as recommended
by the ARC or YMCA or equivalent aquatic safety organization certification.
(F)
Owners shall maintain an emergency action plan similar
to the one outlined by the ARC or YMCA or equivalent aquatic safety organization.
All lifeguards and second responders shall receive training in the application
of effective pool emergency procedures for events such as submersions, suspected
spinal injury, medical emergencies, missing persons, bad weather, etc. Such
training will be reviewed as necessary and kept current. Each lifeguard's
ability to meet the 10/20 rule shall be evaluated and documented. Each lifeguard
shall be given an assigned surveillance area commensurate to ability.
(G)
Owners shall allow lifeguards to have sufficient break
time from guarding activities as recommended by the ARC or YMCA or equivalent
aquatic safety organization. It is recommended that a lifeguard not guard
for more than one hour without a break of at least ten minutes. It is recommended
that when multiple guards are on duty they rotate stations every 30 minutes.
(H)
When a lifeguard is conducting active surveillance to meet
the 10/20 rule, he/she shall not be in the water except in the line of duty.
(g)
Lifeguard chairs and lifeguard equipment. New and existing
pools shall comply with the following requirements, as applicable.
(1)
A new pool that has a diving board(s) shall have at least
one elevated lifeguard chair, located to provide a clear unobstructed view
of the pool bottom in the diving area.
(A)
The seat of the lifeguard chair in the diving water area
shall be located at an elevation at least four feet above the pool deck. The
lifeguard chair may be the portable type so that its location can be optimized
to prevent glare and provide proper supervision.
(B)
Where a pool width is 45 feet or more, an additional elevated
chair or station shall be provided and shall be located in the diving area
on the opposite side of the pool.
(C)
Such lifeguard platforms or chairs shall be placed in locations
to reduce sun glare on the water, and in positions which allow complete visual
coverage of the pool and the pool bottom within a field of view no greater
than 90 degrees on either side of a line of sight extending straight out from
the platform or chair.
(2)
At new and existing pools. At new and existing
pools, lifeguard(s) shall have standard rescue tube(s) or buoy(s) and attached
rope/strap in sufficient numbers, and other equipment as necessary for use
by the lifeguard(s), immediately accessible at all times as recommended by
the ARC or YMCA or equivalent organization. At new and existing pools, lifeguard(s)
and second responder shall be dressed in swimming attire so that they are
readily identifiable as members of the staff.
(h)
Pool safety equipment for new and existing pools. New and
existing pools shall comply with the following standards.
(1)
Lifesaving equipment at new and existing Class C pools.
At a new and existing Class C pool, at least one of each of the following
items of lifesaving equipment shall be mounted in a conspicuous place or places
around the pool deck within 20 feet of the pool, and kept in good repair and
ready condition. One unit shall be presumed to be adequate for 2,000 square
feet of water surface area. At Class C pools where lifeguards are not provided,
one additional unit shall be provided for each additional 2,000 square feet
of water surface area or major fraction thereof as follows:
(A)
a light, strong, non-telescopic reaching pole not less
than 12 feet long, including a body hook or shepherd's crook type of pole,
having blunted ends. This pole shall be constructed of fiberglass or some
other electrically non-conducting material; and
(B)
1/4 inch to 3/8 inch diameter throwing rope a length of
two-thirds the maximum width of the pool to which has been firmly attached
a United States Coast Guard approved ring buoy with an outside diameter of
15 to 24 inches.
(2)
Backboards at new and existing pools. New and
existing Class A and B pools and Class C pools which have diving board(s)
and/or slide(s), or lifeguards shall have one or more backboards with a minimum
of three tie down straps and head immobilizer for back and neck injuries.
(3)
First aid kits at new and existing pools. New and
existing Class A and B pools and other pools with lifeguards shall be equipped
with a first-aid kit meeting OSHA requirements. First aid kits shall be housed
in a durable weather resistant container and kept filled and ready for use
(including disease transmission barriers and cleansing kits that meet OSHA
standards). Pools and spas shall be equipped with a standard 24-unit first
aid kit which shall be kept filled and ready for use. At Class C pools, first
aid kits are recommended but not required.
(i)
Telephones at new and existing pools and spas. New and
existing pools and spas shall have a telephone or other electronic means capable
of immediately summoning emergency service readily accessible within 200 feet
unimpeded distance (an unlocked door or gate shall not be considered an impediment)
of the pool or spa water. A sign in plain view of the pool or spa shall state
in letters at least one inch high: "In case of emergency, call 911 (or other
appropriate emergency number or action)." If the location of the telephone
or other electronic means is not readily visible from the pool or spa, the
sign shall include a concise description of the location of the telephone
or other electronic means. If other electronic means are provided, clear instructions
regarding their use shall be provided.
(j)
Lighting for new pools and spas. Lighting as described
in this subsection shall be provided if a new pool or spa is open for use
after sunset and before sunrise or during periods of low illumination. It
is recommended that pool or spa lighting systems be designed by lighting professionals
whose practice includes pool and spa lighting.
(1)
Underwater lighting of not less than 0.5 watts (incandescent
equivalent) per square foot of pool water surface area shall be provided.
Such lights shall be spaced to provide illumination so that all portions of
the pool or spa, including the bottom, may be readily seen without glare.
Additionally, underwater lighting system design shall be consistent with IESNA
RP-6, 1988.
(2)
Overhead lighting shall comply with IESNA RP-6, 1988,
standards.
(k)
Indoor ventilation for new pools and spas. A new pool or
spas that is constructed indoors shall be constructed to meet ASHRAE 62-1989
"Ventilation for Acceptable Indoor Air Quality" standards.
§265.200.Pool Yard Enclosures.
(a)
Enclosures for new Class A and B pools and new and existing
residential youth camps. New Class A and B pools and at all pools both existing
and new that are located at a residential camp for a Youth Camp licensed under
Health and Safety Code, Chapter 141 shall be enclosed by a barrier consisting
of one of the following, or an equal or better non-scalable barrier:
(1)
The pool or spa yard enclosure shall consist of one or
a combination of the following: a fence, portion of a building, wall or other
durable enclosure. Doors, openable windows, or gates of living quarters or
associated private premises shall not be permitted as part of the pool enclosure.
The enclosure, doors and gates shall meet the following specifications:
(A)
have a minimum effective perpendicular height of at least
seven feet as measured from the deck surface on the outside of the fence;
(B)
be designed and constructed so that it cannot be readily
climbed. If the enclosure is constructed with horizontal and vertical members
and the distance between the tops of the horizontal members is at least seven
feet, the openings shall not allow the passage of a four inch diameter sphere;
and
(C)
all openings in the barrier shall be equipped with gate(s)
or door(s) which are directly supervised by staff or locked to prevent unauthorized
entry; or
(2)
The pool or spa yard enclosure shall consist
of one or a combination of the following: a fence, portion of a building,
wall or other durable enclosure. Doors, openable windows, or gates of living
quarters or associated private premises shall not be permitted as part of
the pool enclosure. The enclosure, doors and gates shall meet the following
specifications:
(A)
chain link fence which shall be a minimum seven foot vertical
fabric height with three strands of wire mounted at the top of the fence on
a 45 degree arm projecting outward; and
(B)
all openings in the barrier shall be equipped with gate(s)
or door(s) which are directly supervised by staff or locked to prevent unauthorized
entry.
(b)
Enclosures for new and existing pools and spas subject
to Health and Safety Code, Chapter 757. A new or existing pool subject to
Health and Safety Code, Chapter 757, shall be provided with a pool yard enclosure
as required in that code.
(c)
Enclosures for other new and existing pools and spas. A
new Class C and D pool and spa, or an existing Class C and D pool and spa
which does not have an enclosure, and which is not located at a complex subject
to Health and Safety Code, Chapter 757, and is not covered by existing local
regulations for pool or spa yard enclosures, shall construct an enclosure
in compliance with this subsection. Such enclosure shall also be provided
at new and existing pools that are located at a day camp for a Youth Camp
licensed under Health and Safety Code, Chapter 141. It is recommended that
enclosures on existing pools and spas not subject to Health and Safety Code,
Chapter 757, and not regulated by existing local requirements, be upgraded
to the standards of this section. It is recommended that Class C and D pools
and spas at a club, school or college that are not open to the general public
be provided with fencing that meets the standards in subsection (a) of this
section. For spas, also see ANSI/NSPI-2, 1992 for additional enclosure methods.
(1)
The pool or spa yard enclosure shall consist of one or
a combination of the following: a fence, portion of a building, wall or other
durable enclosure. Doors, openable windows, or gates of living quarters or
associated private premises shall not be permitted as part of the pool enclosure.
The enclosure, doors and gates shall meet the following specifications:
(A)
a minimum effective perpendicular height of at least 48
inches as measured from the deck surface on the outside of the fence;
(B)
be designed and constructed so that it cannot be readily
climbed by small children. If the enclosure is constructed with horizontal
and vertical members and the distance between the tops of the horizontal members
is at least 45 inches, the openings shall not allow the passage of a four
inch diameter sphere;
(C)
openings under the pool or spa enclosure may not allow
a sphere four inches in diameter to pass under the pool enclosure;
(D)
planters or other structures that may allow children to
climb the fence shall not be permitted to encroach within 36 inches measured
horizontally from the outside of the fence; and
(E)
chain link may not be used.
(2)
Gates and doors for the pool or spa yard enclosure
shall:
(A)
be equipped with self-closing and self-latching devices
and be latched when the pool or spa is not in use. The self-closing device
shall be designed to keep the gate or door securely closed and the self-latching
device shall latch when the gate is allowed to close from anywhere in its
range of operation, from its fully open position to a position where the gate
is open six inches from the fully closed position;
(B)
open outward away from the pool or spa except where otherwise
prohibited by local code;
(C)
have hand activated door or gate opening hardware located
at least 3-1/2 feet above the deck or walkway;
(D)
be capable of being locked; and
(E)
be locked when a Class A or B pool or spa is not opened
for use, and be locked when a Class C pool or spa located at a Class C facility,
needs to be closed as a result of a hazard or condition that warrants the
closure and locking of the pool.
(3)
The enclosure shall be designed and constructed
so that all persons will be required to pass through common pool enclosure
gates or doors in order to gain access to the pool area. All gates and doors
exiting the pool or spa area shall open into a public area or walkway accessible
by all patrons of the pool or spa.
§265.201.Dressing and Sanitary Facilities.
(a)
Fixture design at new facilities. Fixtures at new facilities
shall be designed so that they are readily cleanable. Frequent cleaning and
disinfecting shall not cause damage.
(b)
Fixture installation at new and existing facilities. In
new and existing facilities, fixtures shall be installed in accordance with
local plumbing codes and shall be properly protected by cross-connection control
device(s) as approved by the TNRCC or local regulatory authority.
(c)
Proper cleaning at new and existing facilities. New and
existing facilities shall be cleaned as necessary to maintain sanitary conditions
at all times.
(d)
Adequate ventilation at new facilities. Adequate ventilation
shall be provided in new facilities to prevent objectionable odors in accordance
with §265.199(j) of this title (relating to Specific Safety Features
(Indoor ventilation for new pools and spas)).
(e)
Dressing and sanitary facilities at new Class A or B facilities.
Adequate dressing and sanitary facilities shall be provided at Class A, B,
and D pools and spas located at Class A or B facilities, unless these facilities
are provided in connection with the general development for other purposes
and are of adequate capacity and number and in close proximity to the pool
and spa.
(1)
Separate dressing and sanitary facilities shall be provided
for each gender. The rooms shall be well-lighted, drained, ventilated, and
of good construction, using impervious materials. They shall be developed
and planned so that good sanitation will be maintained throughout the building
at all times. Dressing rooms in appropriate number, that can accommodate a
family are allowed.
(2)
Partitions between portions of the dressing room area,
screen partitions, shower, toilet, and dressing room booths shall be of durable
material not subject to damage by water and shall be designed so that a waterway
is provided between partitions and floor to permit thorough cleaning of the
walls and floor areas with hoses and brooms.
(3)
At least one shower and dressing booth for each gender
shall be provided for seclusion. This condition may be subject to variation
for schools and other institutional use where a pool or spa may be open to
one gender at a time.
(4)
It is recommended that floors of the dressing facility
have minimal joint and grout lines. Floors shall have a slip-resistant surface
and shall be sufficiently smooth to ensure ease in cleaning. Floor drains
shall be provided, and floors shall be sloped 1/4 inch per foot toward the
drains to ensure positive drainage.
(5)
An adequate number of hose bibs and hose of adequate
length shall be provided for flushing down all areas of the dressing facility
interior. Adequate cross-connection control devices as approved by the TNRCC
or local regulatory authority shall be provided. When not in use hoses shall
be stored in such a manner to prevent a trip hazard.
(f)
Lavatories, showers, and toilets at new pools and spas.
Except as provided in subsection (g) of this section, the following requirements
apply to lavatories, showers and toilets in facilities serving new Class A,
B, C, or D pools and spas located at Class A, B, or C facilities:
(1)
the required fixture schedule is contained in the following
table:
Figure: 25 TAC §265.201(f)(1)
(2)
fixture schedules should be increased for swimming
pools at schools or similar locations where load may reach peaks due to schedule
of use; and
(3)
shower(s) and lavatory(s) water temperature shall
be controlled by anti-scald devices. The water heater and thermostatically-controlled
mixing valves shall be inaccessible to users and shall be capable of providing
two gallons per minute of water, not to exceed 110 degrees Fahrenheit with
a minimum of 90 degrees Fahrenheit water to each shower head. A shower can
be located on the deck of the pool if proper waste water disposal is provided.
The shower need not be enclosed.
(g)
Sanitary facilities serving new pools or spas in apartments,
hotels, motels or condominiums. New Class C and D pools and spas located in
an apartment, hotel, motel or condominium complex are not required to have
the following facilities:
(1)
dressing rooms;
(2)
toilets;
(3)
urinals unless the facility has toilets for persons
using the pool or spa;
(4)
hand drying towels unless the facility has a lavatory
in an enclosed room;
(5)
baby changing table unless the facility has a dressing
room or toilets; and
(6)
a lavatory if a faucet is installed at lavatory height
and in compliance with subsection (f)(3) of this section and proper waste
water disposal is provided.
(h)
Additional requirements for facilities at new and existing
pools and spas. New and existing facilities serving a pool or spa shall comply
with the following;
(1)
soap dispensers with liquid or powdered soap shall be provided
at each lavatory. The dispenser shall be of all metal or plastic type with
no glass permitted in these units;
(2)
if mirrors are provided, they shall be shatter resistant;
(3)
toilet paper holders and toilet paper shall be provided
at each toilet;
(4)
covered waste receptacles shall be provided in toilet
or dressing room areas; and
(5)
single use hand drying towels or hand drying devices
shall be provided near the lavatory.
§265.203.Operation and Management.
(a)
Required operator certification for new and existing pools
and spas. New and existing Class A, B, and D pools and spas, located at Class
A and B facilities shall be maintained under the supervision and direction
of a properly trained and certified operator who would be responsible for
the sanitation, safety, and proper maintenance of the pool or spa, and all
physical and mechanical equipment and records. Training and certification
can be obtained by completion of one of the following courses or their equivalent:
(1)
the NRPA, "Certified Aquatic Facility Operator" (A.F.O.);
(2)
the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
or
(3)
Y.M.C.A., "Pool Operator on Location" (P.O.O.L.).
(b)
Recommended operator training for new and existing pools
and spas. It is recommended that new and existing Class C and D pools and
spas located at Class C facilities be cared for by a trained pool and spa
operator. It is recommended that training include at least six classroom or
study hours.
(c)
Water clarity standards for new and existing pools and
spas. Areas of a new or existing pool or a spa shall be opened for use only
if the pool or spa bottom and/or main drain are clearly visible. Possible
visual occlusion by sediment or other matter shall be checked before opening
a pool and while pool is in use. To check the pool or spa when pool or spa
is in use, bathers shall exit the pool or spa, and the pool or spa water shall
be allowed to calm and clarity shall be observed between one to five minutes
after bathers have exited the pool. Areas of the pool or spa shall be opened
for use only if the bottom and/or main drain are clearly visible. Monitoring
of clarity shall be accomplished as necessary to assure clarity. Sediment
or other matter that may cause visual occlusion shall be vacuumed, filtered
or otherwise removed as needed prior to pool use.
(d)
Equipment for water clarity for new and existing pools
and spas. When a new or existing pool or spa is open for use, filtration,
circulation systems, chemical/disinfectant feeders, slurry feeders, heaters,
etc., that are dependent upon circulation pump flow shall be operating, plus
any additional time necessary to ensure continuous water clarity and chemical
distribution. The pool and spa shall be operated to maintain the circulation
rates as stated in §265.187(b)(1) of this title (relating to Circulation
Systems (Circulation Systems for New Pools and Spas)) concerning circulation
turnover rates. Circulation pumps shall not be throttled to reduce circulation
below the design flow rate.
(e)
Off season water clarity for new and existing outdoor pools
and spas. When a new or existing outdoor pool or spa is not in use for an
extended period of time (such as off season), clarity shall be maintained
and algae growth shall be prevented; however, other water quality parameters
as defined in §265.204(a) of this title (relating to Water Quality (Required
water quality for new and existing pools and spas)) do not need to be maintained.
Other methods may be used to maintain pools and spas during extended periods
of non-use if approved by local authorities.
(f)
Off season safety for new and existing pools and spas.
When a new or existing facility is not in use after seasonal operation, while
under construction or renovation, or for any other reason, the facility shall
not be allowed to give off objectionable odors; become a breeding site for
insects; or create any other nuisance situation or safety hazard.
(g)
Domestic animals prohibited at new and existing pools and
spas. Domestic animals and other pets shall not be allowed within a new or
existing pool or spa enclosure area, except that service animals shall be
allowed on the deck and within the pool enclosure but not in the pool.
(h)
Water level at new and existing pools and spas. Actual
water level in a new or existing pool or spa shall be maintained within the
operating water level range of the system's rim or weir device.
(i)
Protection from chemicals for new and existing pools and
spas. Personnel in charge of maintaining a new or existing pool or a spa shall
be properly trained in accordance with §265.197(c)(3) of this title (relating
to Disinfectant Equipment and Chemical Feeders (Disinfectant equipment and
practices at new and existing pools and spas)).
(j)
Maximum load limits for new pools and spas. The maximum
load limits for a new pool and spa shall be calculated and posted. Load limits
are indicated in §265.185(e)(1) and (2) of this title (relating to Dimensional
Design (Maximum user loading for new and existing pools and spas)).
(k)
Use of life jackets for new and existing pools and spas.
No person shall prohibit the use of a life jacket in a new or existing pool
by an individual who, as evidenced by a statement signed by a licensed physician,
suffers from a physical disability or condition which requires the use of
a life jacket.
(l)
Proper use of chemicals at new and existing pools and spas.
Use of all chemicals at new and existing pools and spas shall be according
to manufacturer's directions.
(m)
Use of registered products at new and existing pools and
spas. In new and existing pools and spas, only chemicals registered and labeled
for use in pools and spas by US EPA shall be used.
§265.205.Spa Construction, Operation, and Maintenance.
(a)
Construction standards for spas built between January 1,
1992 and prior to October 1, 1999. In order to comply with Health and Safety
Code, Chapter 341.604, which requires that pools and spas constructed after
September 1945, "conform to good public health engineering practices," spas
built from January 1, 1992, and prior to October 1, 1999 shall meet ANSI/NSPI-2-1992
Standards for Public Spas or equivalent standards that conform to good public
health engineering practices.
(b)
Construction standards for spas built on or after October
1, 1999. Except as specifically stated in this and referenced sections, spas
built on or after October 1, 1999, shall be constructed to meet ANSI/NSPI-2-1992
Standards for Public Spas.
(c)
NSFI Standard-50 for new spas. On or after October 1, 1999,
spa equipment such as pumps, filters, skimmers, chemical feeders, and other
equipment falls within the scope of ANSI and NSFI Standard-50-1996 (ANSI/NSFI-50-1996),
equipment shall comply with such ANSI/NSFI standard.
(d)
NSFI Standard-50 for replaced equipment at existing spas.
When equipment is replaced on existing spas such equipment that falls within
the scope of ANSI and NSFI Standard-50-1996 (ANSI/NSFI-50-1996), shall meet
this standard.
(e)
Other standards for new spas except as otherwise noted.
The following standards apply to new spas as specifically stated therein.
(1)
Section 265.181 of this title (relating to General Provisions).
(2)
Section 265.182 of this title (relating to Definitions).
(3)
Section 265.183 of this title (relating to Plans,
Permits and Instructions).
(4)
Section 265.184 of this title (relating to General
and Structural Designs).
(5)
Section 265.185(a)-(f) of this title (relating to
Dimensional Design), and as follows:
(A)
the maximum water depth shall be four feet from the design
waterline except when approved by the local regulatory authority; and
(B)
multi-level seating may be provided, but the maximum water
depth of any seat or sitting bench shall be 24 inches measured from the design
waterline;
(6)
Section 265.186(a)(1)-(17) of this title (relating
to Deck Entry/Exit, and Diving Equipment and Other Deck Equipment), also see
ANSI/NSPI-2, 1992.
(7)
Section 265.187 of this title (relating to Circulation
Systems).
(8)
Section 265.188 of this title (relating to Filters).
(9)
Section 265.189 of this title (relating to Pumps and
Motors).
(10)
Section 265.190 of this title (relating to Suction
Outlets and Return Inlets).
(11)
Section 265.191 of this title (relating to Surface
Skimming and Perimeter Overflow (Gutter) Systems).
(12)
Section 265.192 of this title (relating to Electrical
Requirements).
(13)
Section 265.193 of this title (relating to Heaters).
(14)
Section 265.194 of this title (relating to Pool and
Spa Water Supply).
(15)
Section 265.195 of this title (relating to Facility
Drinking Water Supply).
(16)
Section 265.196 of this title (relating to Waste
Water Disposal).
(17)
Section 265.197 of this title (relating to Disinfectant
Equipment and Chemical Feeders).
(18)
Section 265.198 of this title (relating to Gas Chlorination).
(19)
Section 265.199 of this title (relating to Specific
Safety Features).
(20)
Section 265.200 of this title (relating to Pool Yard
Enclosures).
(21)
Section 265.201 of this title (relating to Dressing
and Sanitary Facilities).
(22)
Section 265.202 of this title (relating to Food,
Beverages, and Containers).
(23)
Section 265.203 of this title (relating to Operation
and Management).
(24)
Section 265.204 of this title (relating to Water
Quality).
(25)
Air blowers and other devices and systems which induce
or allow air to enter the spa either by means of a power pump or passive design
and shall comply with the following:
(A)
the air blower systems shall prevent water backflow that
could cause electrical shock hazards in accordance with ANSI/UL 1563-1995;
(B)
air intake sources shall not induce water external to the
spa unit, dirt or contaminants, into the spa;
(C)
the air induction system shall be properly sized in accordance
with the manufacturer's sizing specification;
(D)
when installing an air blower within an enclosure or indoors,
adequate ventilation is required. The air induction system shall be installed
in accordance with the manufacturer's recommendations;
(E)
the air blowers shall be installed in accordance with the
NEC and any federal, state or local codes;
(F)
the air blower shall be accessible for inspection and service;
(G)
integral air passages shall be pressure tested at time
of manufacture to provide structural integrity to a value of one and one-half
times the intended working pressure; and,
(H)
if an air blower or other means of introducing air is provided,
a manually-operated timer switch located as to require the exiting of the
spa to reset shall be provided. Such a timer shall operate the spa blower
and circulation pump and shall automatically shut the blower and circulation
pump off in 15 minutes or when manually switched to the off position.
(f)
Standards for new and existing spas. New and existing spas
shall comply with the following.
(1)
First aid kits. Spas at Class A and B pools facilities
with lifeguards shall be equipped with a first-aid kit meeting OSHA requirements.
First aid kits shall be housed in a durable weather resistant container and
kept filled and ready for use (including disease transmission barriers and
cleansing kits that meet OSHA standards). Pools and spas shall be equipped
with a standard 24- unit first aid kit which shall be kept filled and ready
for use. At spas located at Class C pools, first aid kits are recommended
but not required.
(2)
Telephone. A means of summoning help in an emergency
and a sign shall be provided in accordance with §265.199(i) of this title
(relating to Specific Safety Features).
(3)
Spas shall be provided with an enclosure as follows:
(A)
a new or existing spa at a complex subject to Health and
Safety Code, Chapter 757, shall be provided with a pool yard enclosure as
required in that code; and
(B)
all other new and existing spas shall be provided with
an enclosure under §265.200 of this title; or in accordance with ANSI/NSPI-
2, 1992.
(4)
Deck depth markers shall comply with the following.
(A)
Spas shall have permanent deck depth markers with numbers
and units of measurement a minimum of four inches high plainly and conspicuously
visible from all obvious points of entry.
(B)
There shall be a minimum of two deck depth markers per
spa, regardless of spa size or shape.
(C)
Deck depth markers shall be spaced at no more than 25 foot
intervals and shall be uniformly located around the perimeter of the spa.
(D)
Deck depth markers and units of measurement shall be within
24 inches of the water edge and positioned to be read while standing on the
deck facing the water.
(E)
Deck depth markers shall be positioned to be read while
standing on the deck facing the water.
(F)
Deck depth markers in or on the deck surfaces shall be
slip-resistant.
(G)
Units of measurement shall either spell out "feet" or "inches"
or abbreviate "Ft.", "In." or feet and fractions of a foot. In addition to
feet and inches the depth of water may also be displayed in meters. Units
of measurement for meter depth markers may be spelled out "meters" or abbreviated
"M".
(H)
Deck depth markers shall indicate the spa depth from the
design water level to the floor of the spa with a vertical measurement taken
three feet from the spa wall.
(5)
Water Clarity. At a new or existing spa water
clarity shall meet the requirements of §265.203(c) of this title (relating
to Operation and Management (Operation and Management Except as Otherwise
Noted) (Water clarity standards for new and existing pools and spas)) concerning
clarity.
(6)
Temperature and thermometers. At a new and existing
spa, the maximum temperature of the water in the spa shall not exceed 104
degrees Fahrenheit (40 degrees Centigrade). At a new or existing spa, an unbreakable
thermometer (plus or minus one degree Fahrenheit tolerance) that is designed
for use in a spa environment shall be available for patrons and staff to monitor
spa temperature. The control for the spa temperature shall not be accessible
to the spa user. It is recommended that the operating temperature in the spa
be maintained at or below 102 degrees Fahrenheit.
(7)
Maximum load limits. Maximum load limits for new and
existing spas are set forth at §265.185(e)(2) of this title.
(8)
Clock. It is recommended that a functioning clock
be visible to the spa user.
(9)
Signs. Signs shall be securely mounted and readily
visible to the spa user from inside the spa enclosure. Signage shall state
the following:
(A)
the location of the nearest telephone or emergency summoning
device;
(B)
"Do not use the spa, if the water temperature is above
104 degrees Fahrenheit (40 degrees Centigrade)" in letters at least one inch
high;
(C)
"WARNING-NO LIFEGUARD ON DUTY" with clearly legible letters
at least four inches high if no lifeguard is required;
(D)
"CHILDREN SHOULD NOT USE SPA WITHOUT ADULT SUPERVISION"
with clearly legible letters at least two inches high if no lifeguard is required.
The language on the signs may impose stricter adult supervision requirements
for children using the spa; and
(E)
the maximum load limit as required in §265.203(j)
of this title (relating to Operation and Management (Maximum load limits for
new pools and spas)).
(g)
Recommendation of additional safety signage at new and
existing spas. For new and existing spas, it is recommended that signage be
located in plain view, stating the following.
(1)
Do not exceed maximum number of users. The maximum number
of users for this spa is XX. Where XX is the maximum load limit for the spa.
(2)
If you are pregnant, do not use the spa without medical
consultation. Do not allow small children to use the spa. Hot water exposure
limitations vary from person to person.
(3)
If you suffer from heat disease, diabetes, high or
low blood pressure or other health problems, do not enter the spa without
prior medical consultation and permission from their doctor. Overexposure
to hot water may cause nausea, dizziness, and fainting.
(4)
Do not use the spa while under the influence of alcohol,
narcotics, or other drugs that cause sleepiness, drowsiness, or raise/lower
blood pressure.
(5)
Do not allow use of the spa by unsupervised children.
(6)
Check the spa temperature before entering the spa.
Do not use the spa if the temperature is above 104 degrees Fahrenheit (40
degrees Centigrade). Lower water temperatures are recommended for extended
use (exceeding 10-15 minutes) and for young children.
(7)
Enter and exit slowly.
(8)
Keep all breakable objects out of the spa area.
(9)
Do not place electrical appliances (telephone, radio,
tv, etc.) within five feet of the spa.
(10)
Do not operate the spa during severe weather conditions;
e.g. electrical storms, or tornadoes.
(11)
Do not use or operate the spa if the suction outlet
cover is missing, broken or loose.
(h)
Recommendation of signage in foreign language at new and
existing spas. In areas of Texas where a majority of citizens are non-English
speaking, it is recommended that signs be posted in the predominant language,
in addition to required English signage.
§265.206.Compliance: Inspections and Investigations.
(a)
The department or local regulatory authority shall have
the right to inspect or investigate the operation and management of a public
pool or spa or associated facilities.
(b)
Advance notice of inspections or investigations by the
department or local regulatory authority is not required.
(c)
A department or local regulatory representative, upon presenting
the department identification (ID) card, shall have the right to enter at
all reasonable times any area or environment, including but not limited to
the pool or spa facility, building, storage, equipment room, or office area
to inspect and investigate for compliance with these sections, to review records,
to question any person, or to locate, to identify, and to assess the condition
of pool or spa facility.
(d)
A department or local regulatory representative in pursuit
of his/her official duties is not required to notify or seek permission to
conduct inspections or investigations. It is a violation of this chapter for
a person to interfere with, deny, or delay an inspection or investigation
conducted by a department or local regulatory representative.
(e)
Authority and responsibility for the qualifications, health
status, and personal protection of department or local regulatory representatives
resides with the department or local regulatory authority by law. A department
or local regulatory representative shall not be impeded or refused entry in
the course of his official duties by reason of any regulatory or contractual
specification.
§265.207.Enforcement.
(a)
If inspections by the department or the local regulatory
authority determine that the operation or maintenance of the pool, spa, or
facility constitutes a serious health or safety hazard for the user, the department
may request voluntary immediate closure, seek injunctive relief in district
court, or use any other enforcement methods available. The local regulatory
authority may take all appropriate legal remedies available to it including
immediately closing the pool. Whenever a pool voluntarily closes or is required
to cease operation, all access to the pool shall be restricted and a notice
posted notifying the public that the pool is closed until further notice.
(b)
Upon presentation of evidence that the deficiencies which
caused the suspension of operation have been corrected, operation can be resumed
if explicitly authorized by the regulatory authority in writing. Such evidence
may be in the form of a reinspection by the regulatory authority, or by other
evidence acceptable to the regulatory authority.
(c)
Enforcement of these standards is pursuant but not limited
to the Texas Health and Safety Code, Title 5, Subtitle A, Chapter 341, Minimum
Standards of Sanitation and Health Protection, Subchapters E and F.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May
28, 1999.
TRD-9903195
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: June 17, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 458-7236