1. (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.

2. (b) Application of rules.

   1. (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. (2) The following pools and spas are exempt from these rules:

      1. (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;
      2. (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
      3. (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. (3) Each section of the rules states the extent to which the rule applies to new or existing pools, spas, or facilities.
   4. (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. (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. (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. (7) The standards contained in these rules may be met notwithstanding minor variations in equipment, materials, or design if:

      1. (A) the variation provides the quality, strength and durability equal to or greater than the standards contained in these rules; and
      2. (B) the operation, maintenance, safety, and sanitation of the pool or spa is not adversely affected by the variation.
   8. (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.
3. (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.
4. (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.
5. (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.

Source Note:The provisions of this §265.181 adopted to be effective June 17, 1999, 24 TexReg 4365.