1. (a) Structural design and materials for post-10/01/99 pools and spas. Construction design and materials used in construction of post-10/01/99 pools and spas shall comply with the requirements of this section, as well as other requirements expressly stated in these rules.
2. (b) Non-toxic and sound materials for post-10/01/99 pools and spas. Post-10/01/99 pools and spas and all appurtenances shall be constructed of materials that 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.
3. (c) Accepted practice for post-10/01/99 pools and spas. The structural design and materials used for post-10/01/99 pools or spas shall be in accordance with generally accepted industry engineering practices and methods prevailing at the time of original construction.
4. (d) NSFI Standard-50 for post-10/01/99 pools and spas. Where equipment for a post-10/01/99 pool or spa such as pumps, filters, skimmers, chemical feeders, and other equipment, falls within the scope of ANSI and NSF Standard 50-1996 (ANSI/NSF 50-1996, such equipment shall meet the standard as confirmed by a testing laboratory, except as otherwise noted in §265.190(h) of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Conformity with standards noted above shall be evidenced by the listing or labeling of such equipment by such a laboratory or by separate documentation.
5. (e) Prohibition of earth material for post-10/01/99 pools and spas. Earth shall not be permitted as an interior finish in a post-10/01/99 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.
6. (f) Interior color for post-10/01/99 pools and spas. The colors, patterns, or finishes of a post-10/01/99 pool or spa interior shall not obscure the existence or presence of objects or surfaces within the pool or spa. All post-10/01/99 pool and spa interior surfaces shall be a light enough color so that an 8-inch black disk on the pool or spa floor at the deepest point of the pool or spa can be clearly and immediately seen by an observer standing on the pool or spa deck at a point closest to the disk.
7. (g) Materials to withstand freezing temperatures for post-10/01/99 pools and spas. In climates subject to freezing temperatures, a post-10/01/99 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.
8. (h) Hydrostatic relief for post-10/01/99 pools and spas. A hydrostatic relief valve, plug, or a more extensive hydrostatic system shall be installed if necessary to prevent ground water pressure from displacing or otherwise damaging a post-10/01/99 pool or spa.
9. (i) Interior surface footing for post-10/01/99 pools and spas. The surfaces within a post-10/01/99 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 feet during normal use.
10. (j) General shape for post-10/01/99 pools and spas. This standard is not intended to regulate the perimeter shape of post-10/01/99 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.
11. (k) Dimensional variation for post-10/01/99 pools and spas. Dimensions for post-10/01/99 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 "Americans with Disabilities Act of 1990", 42 U.S.C. §§12101 - 12213, Disability Act and any other applicable local, state and federal laws relating to such access.
12. (l) Entanglement or entrapment avoidance for post-10/01/99 pools and spas. There shall be no protrusions, extensions, means of entanglement, or other obstructions in a post-10/01/99 pool or spa that are likely to cause the entrapment or injury of the user. For specific information 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.
13. (m) Construction tolerances for post-10/01/99 pools and spas. For post-10/01/99 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 3 inches. All other dimensions may vary plus or minus 2 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 post-10/01/99 pools or spas with adjustable weir surface skimming systems, and of plus or minus 1/8 inch for post-10/01/99 pools or spas with non-adjustable surface skimming systems. Step treads and risers may vary plus or minus 1/2 inch.

14. (n) Maximum user loading for post-10/01/99 pools and spas. The maximum number of users to be allowed in a post-10/01/99 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 are the surface area of the water in the pool or spa and the sanitary and physical condition of the pool or spa water. Based on these factors, pool or spa owners of a post-10/01/99 pool or spa shall reduce the user load if pre-10/01/99 conditions indicate the need. The maximum user load in a post-10/01/99 pool or spa shall be based on the following.

    1. (1) In post-10/01/99 pools, maximum load limit shall be in accordance with the following table:
       Attached Graphic
       
    2. (2) In post-10/01/99 spas, the maximum user load shall not exceed 1 person per 10 square feet of water surface area.
15. (o) Interior walls for post-10/01/99 pools and spas. Post-10/01/99 Class B and C pools and spas shall have walls not greater than 11 degrees from plumb. Maximum allowable wall slope:
    Attached Graphic
    
16. (p) Walls joining floors for post-10/01/99 pools. Walls for post-10/01/99 Class B and C pools shall be joined to the floor with a radius tangent to the wall at a depth not less than 4 feet 6 inches in water depths 8 feet and greater and not less than 2 feet 6 inches in water depths of 3 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 Decks, Entry/Exit, Diving Facilities and Other Deck Equipment at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Class A pools, where racing lanes terminate, shall have walls that are not greater than 1 degree from vertical.

17. (q) Floor slopes for post-10/01/99 pools. Floor slopes for post-10/01/99 pools shall, as a minimum meet the following requirements:

    1. (1) all slopes shall drain and be uniform within the different activity areas of the pool;
    2. (2) the slope of the floor from the shallow end wall toward the deep end shall not exceed 1 foot in 10 feet to the point of the first slope change;
    3. (3) the point of the first slope change shall be defined as the point at which the floor slope exceeds 1 foot in 10;
    4. (4) the slope of the floor from the point of the first slope change to the deep end shall not exceed 1 foot in 3 feet; and
    5. (5) the slope of the floor may vary in limited areas where access for persons with disabilities has been provided.
18. (r) Visual separation for post-10/01/99 pools. Any area of a post-10/01/99 pool that is less than 3 feet in depth shall be visually set apart from deeper areas of the pool by a minimum 4-inch wide tile band, painted line, or similar means of contrasting color across the floor at this point, see also §265.199(b)(1), (2), and (3) of this title (relating to Specific Safety Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas).
19. (s) Zero depth entry design for post-10/01/99 pools. Zero depth entry designs for post-10/01/99 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 1 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 1 inlet per 200 square feet or portion thereof.

20. (t) Offset ledges for post-10/01/99 pools. When provided in a post-10/01/99 pool, offset ledges shall:

    1. (1) fall within 11 degrees from plumb starting at the junction of the pool wall and the design water level;
    2. (2) have a slip-resistant surface; and
    3. (3) have a maximum width of 8 inches and shall be in accordance with the following drawing of offset ledges:
       Attached Graphic
       

21. (u) Underwater seat benches for post-10/01/99 pools and spas. Underwater seat benches for post-10/01/99 pools and spas shall:

    1. (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. (2) be located fully outside of the required minimum diving water envelope if the pool is intended for use with diving equipment;
    3. (3) be visually set apart and be provided with a solid or broken stripe at least 1 inch 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;
    4. (4) have a slip-resistant surface; and
    5. (5) not be used as the required entry/exit access unless they are in conjunction with pool steps.

22. (v) Water lounges in post-10/01/99 pools and spas. Water lounges in post-10/01/99 pools and spas must:

    1. (1) be a minimum of 20 inches wide and provide a minimum of 10 square feet of horizontal surface adjoining on the edge of the pool over a distance of not less than 3 feet;
    2. (2) be horizontal and at a depth of 2 inches to 10 inches below the water surface;
    3. (3) be visually set apart with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the leading edge of horizontal surfaces of all edges not adjoining the pool wall. 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;
    4. (4) be located fully outside of the required minimum diving water envelope if the pool is intended for use with diving equipment;
    5. (5) have a slip-resistant surface; and
    6. (6) be located in water depths of 4 feet or less.

23. (w) Special requirements for post-10/01/99 Class D wading pools.

    1. (1) Post-10/01/99 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 and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas). If a pool yard enclosure is provided, clear visibility through the barrier shall be maintained.
    2. (2) If a post-10/01/99 wading pool at a facility having 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. (3) The maximum water depth in a post-10/01/99 wading pool 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 1 foot in 12 feet.
    4. (4) Floors of post-10/01/99 wading pools shall be uniform, sloped to drain with a maximum slope of 1 foot in 12 feet, and shall be slip-resistant.

Source Note:The provisions of this §265.184 adopted to be effective September 1, 2004, 29 TexReg 7704.