The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
- (1) Activity pool--A pool designed for casual water play ranging from simple splashing activity to the use of attractions placed in the pool, such as pad walks, public interactive water features or fountains, or floatation devices, for recreation.
- (2) AED--Automated External Defibrillator. A device that automatically diagnoses the life-threatening cardiac arrhythmias of ventricular fibrillation and pulseless ventricular tachycardia and is able to treat those conditions by application of electricity which stops the arrhythmia, allowing the heart to re-establish an effective rhythm.
- (3) Alternate method of disinfectant--A method of disinfection for a pool or spa required to be approved by the Texas Department of State Health Services.
- (4) Alternative communication system--Devices that alert multiple on-site staff when activated, such as pager systems, radios, or walkie-talkie communication systems. Used to notify either on-site emergency medical services (EMS), on-site medical staff, or on-site certified staff such as lifeguards, or a commercial emergency monitoring service.
- (5) ANSI--American National Standards Institute.
- (6) APSP--Association of Pool and Spa Professionals now known as the Pool and Hot Tub Alliance (PHTA).
- (7) APSS--Automatic pump shut-off system. A pump motor control or other device capable of turning off, stopping, or otherwise incapacitating a pump in response to a condition such as high vacuum, low flow, or low current that would indicate a suction entrapment event has occurred.
- (8) ARC--American Red Cross.
- (9) Artificial swimming lagoon--An artificial body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant. The term does not include a body of water open to the public that continuously recirculates water from a spring or a pool.
- (10) ASME--American Society of Mechanical Engineers.
- (11) ASPSA--American Swimming Pool and Spa Association.
- (12) ASTM International--American Society of Testing Materials International.
- (13) ASTM F2376--Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.
- (14) Backflow prevention device--A device designed to prevent a physical connection between a potable water system and a non-potable source such as a pool or spa, or a physical connection between a pool or spa and a sanitary sewer or wastewater disposal system.
- (15) Beach entry--A sloping entry starting above the waterline at deck level and ending below the waterline. Also called a zero-depth or sloped entry.
- (16) Bonded--Permanent joining of metallic parts to form an electrically conductive path that ensures electrical continuity and the capacity to conduct safely any current likely to be imposed to minimize the risk of electrocution.
- (17) Broken stripe--A horizontal stripe that is at least 1-inch wide with uniform breaks in the stripe, with the breaks totaling not more than 75% of the length of the stripe and stripe breaks.
- (18) BVM--Bag-Valve Mask. A handheld device used to provide positive pressure ventilation to persons who are not breathing adequately. Also known by its proprietary name, Ambu bag.
- (19) Catch pool--A body of water located at the exit of one or more waterslide flumes. It is designed and intended to terminate the slide action of the waterslide user and to provide a means of exit to a deck or walkway area.
- (20) Certified--Equipment, materials, products, or services that have been evaluated against specific criteria by an ANSI accredited certification organization.
- (21) Circulation equipment--Mechanical components that are a part of a recirculation system of a pool or spa. Circulation equipment includes pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices.
- (22) Cleansing shower--A shower with hot and cold running water and soap for the purpose of removing dead skin, sweat, dirt, and waste material from users.
- (23) CPSC--United States Consumer Product Safety Commission.
- (24) Cross-connection control device--A device that is designed to prevent a physical connection between a potable water system and a non-potable source such as a pool or spa, or a physical connection between a pool or spa and a sanitary sewer or wastewater disposal system. Also called a "backflow prevention device."
- (25) DCOF--Dynamic coefficient of friction. A measurement of frictional resistance of a surface one pushes against when already in motion.
- (26) DCOF AcuTest--A test used to evaluate the slip-resistance or DCOF of a tile surface under known conditions using a standardized sensor prepared according to a specific protocol.
- (27) Deck--An area immediately adjacent to or attached to the pool or spa that is specifically constructed or installed for sitting, standing, or walking and can include the coping. The term "deck" does not include the sandy beach areas adjacent to the zero-entry access areas.
- (28) Deep areas--Pool water areas where the depth of the water is more than five feet.
- (29) Department--Texas Department of State Health Services.
- (30) Depth--Vertical distance measured at three feet from the pool or spa wall or barrier from the bottom of the pool or spa to the design water level.
(31) Design water level--
- (A) For a skimmer system, the midpoint of the operating range of the skimmers.
- (B) For a gutter or perimeter overflow system, the top of the overflow rim of the gutter or overflow system.
- (32) Disinfectant--Energy, chemicals, or a combination of both used to kill or irreversibly inactivate microorganisms such as bacteria, viruses, and parasites.
- (33) Diving board--A flexible board secured at one end that is used for diving, such as a spring board or a jump board.
- (34) Diving platform--A stationary platform designed for diving.
- (35) DPD--A chemical testing reagent (N, N-Diethyl-P-Phenylenediamine) used to measure the levels of free chlorine or bromine in water by yielding a series of colors ranging from light pink to dark red.
- (36) Emergency monitoring service--A service that provides an emergency summoning device at pools and spas that is monitored 24 hours a day off-site by personnel trained to identify pool and spa-related emergencies, such as drownings. A service capable of contacting local EMS, providing a precise location of the emergency call to local EMS, and has personnel trained to offer the caller instructions for assisting when possible.
- (37) Exercise spa or swim spa--Exercise spas or swim spas are a variant of a spa in which the design and construction includes specific features and equipment to produce a water flow intended to allow recreational physical activity including swimming in place. Exercise spas and swim spas shall be referred to as spas in this subchapter.
- (38) Facility--A pool, spa, public interactive water feature or fountain, and restrooms, dressing rooms, equipment rooms, deck or walkways, beach entries, enclosure, and other appurtenances directly serving the pool or spa.
- (39) FIFRA--The Federal Insecticide, Fungicide, and Rodenticide Act.
- (40) Filter media--A finely graded material (for example, sand, diatomaceous earth, or polyester fabric) that removes filterable particles from the water.
- (41) FINA--Fédération Internationale de Natation. The organization that administers international competition in aquatic sports.
- (42) Floatation system--A combination of float solution holding vessel and treatment system for the immersion and floatation of a person or persons in a temperature-controlled environment. Also known as a sensory deprivation system or floatation chamber.
- (43) Flume--A trough-like or tubular structure of a water slide that directs the path of travel and the rate of descent by the rider.
- (44) gpm--Gallons per minute.
- (45) Handhold--The portion of a pool or spa structure or specific element that is at or above the design waterline that users in the pool or spa grasp for support.
- (46) Handrail--A support device intended to be gripped by a user for the purpose of resting or steadying, typically located within or at exits to the pool or spa or as part of a set of steps.
- (47) Hyperchlorination--The intentional and specific raising of chlorine levels for a prolonged period of time to inactivate pathogens following a diarrheal release in a pool or spa.
- (48) IAPMO SPS 4--International Association of Plumbing and Mechanical Officials Special Use Suction Fittings for Swimming Pools, Spas, and Hot Tubs (for Suction Side Automatic Swimming Pool Cleaners).
- (49) ICC-SRCC--International Code Council-Solar Rating and Certification Corporation
- (50) Island--A structure inside a pool where the perimeter is completely surrounded by the pool water and the top is above the surface of the pool.
- (51) Jump board--A manufactured diving board that has a coil spring, leaf spring, or comparable device located beneath the board that is activated by the force exerted by jumping on the board's end.
- (52) Ladder--A series of vertically separated treads or rungs connected by vertical rail members or independently fastened to an adjacent vertical pool or spa wall.
- (53) Leisure river--A manufactured stream of water of near-constant depth in which the water is moved by pumps or other means of propulsion to provide river-like flow that transports users over a defined path that may include water features and play devices. Also known as a lazy river or current channel.
- (54) Licensed electrician--A person licensed to perform electrical work on pools and spas in accordance with the Texas Electrical Safety and Licensing Act, Texas Occupations Code, Chapter 1305, and related rules.
- (55) Licensed engineer--A person licensed to engage in the practice of engineering in the State of Texas in accordance with the Texas Engineering Practice Act, Texas Occupations Code, Chapter 1001, and related rules.
- (56) Lifeguard--A person who supervises the safety and rescue of swimmers, surfers, and other water sports participants, and who has successfully completed and holds a current ARC, YMCA, or equivalent Lifeguard Certificate from an aquatic safety organization and a current First Aid Certificate and current cardiopulmonary resuscitation (CPR) certificate, received for training in CPR for adults, infants, and children, use of an AED and BVM.
- (57) Listed and labeled--Equipment, material, products, or services included in a list published by an ANSI accredited certification organization. The ANSI accredited certification organization evaluates products or services and maintains periodic inspection of the production of the listed products, equipment, or materials, or periodic evaluation of services that have been found to meet identified standards or that have been tested and certified as suitable for a specific purpose. Such equipment, materials, products, or services shall be labeled by being affixed with a label, seal, symbol, or other identifying mark certifying that the standard has been met or has been tested and found suitable for a specific purpose.
- (58) Local regulatory authority--A county, municipality, or other political subdivision of the state having jurisdiction over pools and spas, and associated facilities.
- (59) Maintained illumination--The value, in foot-candles or equivalent unit, below which the average illuminance on a specified surface is not allowed to fall. Maintained illumination equals the initial average illuminance on the specified surface with new lamps, multiplied by the light loss factor to account for reduction in lamp intensity over time.
- (60) NCAA--National Collegiate Athletic Association.
- (61) NEC--National Electrical Code.
- (62) NEMA--National Electrical Manufacturers Association.
- (63) NESC--National Electrical Safety Code.
- (64) NFPA--National Fire Protection Association.
- (65) NRPA--National Recreation and Parks Association.
- (66) NSF--NSF International (formerly National Sanitation Foundation).
- (67) NSF 50 or NSF/ANSI Standard 50--Standard establishing minimum requirements for materials, design, construction and performance of equipment commonly included in the water circulation systems of residential and public swimming pools, spas and hot tubs.
- (68) NSPF--National Swimming Pool Foundation. Now known as the Pool and Hot Tub Alliance.
- (69) ORP--Oxidation Reduction Potential. The measure of the oxidation-reduction potential of chemicals in water. It is generally measured in millivolts by means of an electronic meter and depends upon types and concentrations of oxidizing and reducing chemicals in water.
- (70) Overflow system--Overflows, surface skimmers, and surface water collection systems of various design and manufacture for removal of surface water from the pool or spa.
- (71) Perimeter gutter system (gutter)--Overflow trough in the perimeter wall of a pool that is a component of the circulation system or flows to waste.
- (72) pH--A value expressing the relative acidic or basic tendencies of a substance such as water on a scale from 0 to 14, with 7.0 being neutral, values less than 7.0 being acidic, and values greater than 7.0 being basic.
- (73) PHTA--Pool and Hot Tub Alliance. Formerly APSP and NSPF.
- (74) PIWF--Public interactive water feature and fountain. Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons in various arrays for the purpose of wetting the persons playing in the spray streams. It may be a stand-alone PIWF, also known as a splash pad, spray pad, or wet deck, or may share a water supply, disinfection system, filtration system, circulation system, or other treatment system that allows water to co-mingle with a pool.
- (75) Pool yard or spa yard--An area that has an enclosure containing a pool or spa.
(76) Public pool--Any man-made permanently installed or non-portable structure, basin, chamber or tank containing an artificial body of water that is maintained or used expressly for public recreation, swimming, diving, aquatic sports, or other aquatic activity. Public pools include but are not limited to activity pools, catch pools, lazy or leisure river pools, wave action pools, vortex pools, therapy pools, and wading pools. A public pool may be publicly or privately owned and may be operated by an owner, lessee, operator, licensee or concessionaire. A fee for use may or not be charged. The term does not include a residential pool, artificial swimming lagoon, floatation system or chamber, or a body of water that continuously recirculates water from a spring.
- (A) Class A pool--Any pool maintained or used, with or without a fee, for accredited competitive events such as FINA, United States Swimming, United States Diving, NCAA, and National Federation of State High School Association events. A Class A pool may also be used for recreational swimming.
- (B) Class B pool--Any pool maintained or 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:
- (i) lodging, such as hotels, motels, apartments, condominiums, or mobile home parks;
- (ii) youth camps, property owner associations, private organizations, or clubs; or
- (iii) schools, colleges, or universities while operated for academic or continuing education classes. The use of such a pool would be open to occupants, members or students, and their guests, but not to the general public.
- (77) Recessed treads--A series of vertically spaced cavities in the pool or spa wall creating tread areas for step holes.
- (78) Regulatory authority--A federal or state agency or local regulatory authority having jurisdiction over pools and spas, and associated facilities.
- (79) Rehabilitate or remodel--To modify or remake a pool or spa in a similar but different manner, or to change the style, shape or form of a pool or spa.
- (80) Renovation--To return a pool or spa or any part of a pool or spa that may still be operational and functional, but that is outdated or has faded, declined, or deteriorated, to its former or original state, includes remodeling or rehabilitation of a pool or spa, and has the same meaning as the definition of alteration as found in the International Swimming Pool and Spa Code. Renovation of pool or spa shall not cause existing systems to become unsafe, unsanitary, or overloaded.
- (81) Repair--The reconstruction or renewal of any part of a pool or spa for the purpose of its maintenance or to correct damage. Repair work may involve replacing like items or maintenance, such as periodic pool resurfacing or re-plastering. Repairs shall not cause existing systems to become unsafe, unsanitary, or overloaded.
- (82) Rescue tube--A piece of lifesaving equipment that is an essential part of the equipment that must be carried by lifeguards and that is used to make water rescue easier by helping support the victim's and rescuer's weight.
- (83) Resident youth camp--A resident youth camp as described in the Texas Youth Camps Safety and Health rules, §265.11 of this chapter (relating to Definitions).
- (84) Residential pool or spa--A pool or spa that is located on private property under the control of the property owner or the owner's tenant and that is intended for use by not more than two resident families and their guests. It includes a pool or a spa serving only a single-family home or duplex.
- (85) Return inlet or inlet--Aperture or fitting through which water under positive pressure returns into the pool or spa.
- (86) Rinsing shower--A shower located on the pool or spa deck for the purpose of removing sand, dirt, sweat, and user hygiene products without the use of hot water or soap.
- (87) Secchi disk--An 8-inch diameter disk with alternating black and white quadrants that is lowered in the pool and spa and is used to measure water turbidity and clarity.
- (88) Self-closing and self-latching device--A device or mechanism that causes a gate to automatically close without human or electrical power after it has been opened, and to automatically latch without human or electrical power when the gate closes.
- (89) Shallow areas--Pool water areas where the depth of the water is five feet or less.
- (90) Skimmer--A device installed in the pool or spa that permits the removal of floating debris and surface water to the filter. A skimmer is not considered a suction outlet for purposes of this subchapter.
(91) Slide--A recreational feature with a flow of water and an inclined flume or channel by which a user is conveyed downward into a pool.
- (A) Drop slide--A slide that drops users into the water from an elevated height into water.
- (B) Pool slide--A slide having a configuration as defined in the Code of Federal Regulations, Chapter II, Title 16, Part 1207 by CPSC or is similar in construction to a playground slide that allows users to slide from an elevated height to a pool. This includes children's (tot) slides.
- (C) Waterslide--A slide that runs into a landing pool or runout through a fabricated channel with flowing water.
- (92) Slip-resistant--A surface that has been treated or constructed to significantly reduce the chance of slipping.
- (93) Slope break--Point where the slope of the pool floor changes to a greater slope.
(94) Spa--A body of water intended for the immersion of persons in either hot or cold water, circulated in a closed system, and not intended to be drained and refilled after each use. A spa can include a filter, heater, a pump or pumps, blowers and water sanitizing equipment. The term includes a swim spa or exercise spa.
- (A) Class A spa--Any spa maintained or used, with or without a fee, for accredited competitive events such as FINA, United States Swimming, United States Diving, NCAA, and National Federation of State High School Association events.
- (B) Class B spa--Any spa maintained or used for public recreation and open to the general public with or without a fee.
(C) Class C spa--Any spa operated for and in conjunction with:
- (i) lodging, such as hotels, motels, apartments, condominiums, or mobile home parks;
- (ii) youth camps, property owner associations, private organizations, or clubs; or
- (iii) schools, colleges, or universities while operated for academic or continuing education classes, or hospitals or medical centers.
- (95) Steps, stairs, and recessed steps--A riser or tread or a series of risers or treads extending down from the deck and terminating at the pool or spa floor. Recessed steps have the risers recessed into the pool and spa wall.
- (96) Suction outlet--A submerged fitting, fitting assembly, cover or grate, and related components that provide a localized low-pressure area for the transfer of water from a pool or spa.
- (97) Surf pool--A pool, with less than 20,000 square feet of water surface area, in which waves are generated and dedicated to the activity of surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. A surf pool is intended for the sport of surfing as opposed to general play activities in wave pools.
- (98) SVRS--Suction vacuum release system. Also known as safety vacuum release system, is a system capable of providing vacuum release at a suction outlet in case of a high vacuum occurrence due to a suction outlet flow blockage. Methods include venting the suction line to atmosphere, turning off the circulation pump, or reversing the circulation flow.
- (99) Swimout--An underwater seat area that is placed completely outside of the perimeter shape of the pool.
- (100) TCEQ--Texas Commission on Environmental Quality.
- (101) TDLR--Texas Department of Licensing and Regulation.
- (102) Therapeutic pool or spa--A pool or spa that is operated exclusively for therapeutic purposes, such as physical therapy, and is under the direct supervision and control of licensed or certified medical personnel.
- (103) Turnover rate--The period of time, usually in hours, required to circulate a volume of water equal to the pool or spa capacity.
- (104) UL--An independent testing laboratory (formerly Underwriters Laboratories).
- (105) Unblockable suction outlet--A suction outlet defined as all components, including the sump and body, cover or grate, and hardware such that its perforated (open) area cannot be shadowed by the area of the 18 x 23 inch ANSI/APSP-16 body blocking element.
- (106) Underwater ledge--A narrow shelf projecting from the side of a vertical structure.
- (107) Underwater seat--An underwater ledge that is placed completely inside the perimeter shape of the pool, generally located in the shallow end of the pool.
- (108) USCG--United States Coast Guard.
- (109) Vanishing edge--A pool-wall structure and adjacent pool deck that is designed in such a way that the top of the pool wall and adjacent deck are not visible from certain vantage points in the pool or from the opposite side of the pool. Water from the pool flows over the edge and is captured and reused through the normal pool circulation system. Also referred to as an infinity edge, negative edge, or zero edge.
- (110) VGBA--The Virginia Graeme Baker Pool and Spa Safety Act. A federal law that requires all public pools and spas to be fitted with suction outlets that meet the ANSI/APSP-ICC-16 standard.
- (111) Vortex pool--A circular pool equipped with a method of transporting water in the pool for the purpose of propelling users at speeds dictated by the velocity of the moving stream of water.
- (112) Wading pool--A pool with a maximum water depth that is no greater than 18 inches. A wading pool can contain a PIWF.
- (113) Water lounge--A horizontal area of a pool that adjoins the pool wall at a depth of 2 inches to 12 inches and is used for seating and play. A water lounge is also known as a tanning ledge or sun shelf.
- (114) Wave pool--A pool, with less than 20,000 square feet of water surface area, designed to simulate breaking or cyclic waves for purposes of general play. A wave pool is intended for general play as opposed to a surf pool that is intended for sport.
- (115) Written instructions--Written communication that provides directions for carrying out a procedure or performing a task. Written instructions can include manuals, journals, lists, printed materials, computer-generated materials, and handwritten materials. Written instructions can be maintained in electronic form so long as electronic use and transmission of the electronic materials does not present a risk to health and safety of individuals accessing the electronic materials.
Source Note:The provisions of this §265.182 adopted to be effective January 1, 2021, 45 TexReg 9529.