1. (a) Plans for new construction of pools and spas. The department may review plans for pools and spas to ensure compliance with construction requirements. If the department intends to review plans it will notify the owner/operator in writing.

2. (b) Licensed engineer required.

   1. (1) Design and construction of Class A and Class B pools and spas constructed on or after the effective date of this subchapter shall be planned and designed by a licensed engineer.

   2. (2) Design and construction of Class C pools and spas constructed on or after the effective date of this subchapter shall be planned and designed by a licensed engineer if the pool or spa has a diving board, climbing wall, slide, movable bottom, interactive water feature or fountain, or any aquatic play feature that meets the definition of "Amusement Ride" in Texas Occupations Code, Chapter 2151 (the Amusement Ride Safety Inspection and Insurance Act), or is one of the following:

      1. (A) a therapeutic pool or spa; or
      2. (B) a surf pool or wave pool.

   3. (3) Renovation of Class A and Class B pools and spas constructed before the effective date of this subchapter shall be planned and designed by a licensed engineer. Renovation of Class C pools and spas constructed before the effective date of this subchapter shall be planned and designed by a licensed engineer if the pool or spa has a diving board, climbing wall, slide, movable bottom, interactive water feature or fountain, or any aquatic play feature that meets the definition of "Amusement Ride" in Texas Occupations Code, Chapter 2151 (the Amusement Ride Safety Inspection and Insurance Act), or is one of the following:

      1. (A) a therapeutic pool or spa; or
      2. (B) is a surf or wave pool.
3. (c) Operational Instructions. Upon completion of construction of a pool or spa, the owner shall obtain from the pool or spa builder complete written operational instructions for the pool or spa. Written instructions shall include items such as procedures for filtration, backwash, cleaning, and operation of all chemical feed devices, clean filter pressures, normal operating pressures, and pressure differential(s) that indicate the need for filter cleaning and general maintenance of the pool and spa.

Source Note:The provisions of this §265.183 adopted to be effective January 1, 2021, 45 TexReg 9529.