1. (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.

2. (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. (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. (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. (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. (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));

3. (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. (1) In accordance with the time frame indicated in subsection (c)(3)(B) and (C) of this section existing pools and spas shall:

      1. (A) renovate suction outlets system to comply with subsection (b) of this section; or
      2. (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. (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:

      1. (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;
      2. (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;

      3. (C) the pool has, in addition to a main drain with anti-vortex cover, either of the following:

         1. (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
         2. (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.

      4. (D) the spa has, in addition to the main drain with anti-vortex cover, either of the following:

         1. (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
         2. (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. (3) Required inspections and suction system upgrade plan and follow-up inspection shall be accomplished for existing pools and spas as follows:

      1. (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.
      2. (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.
      3. (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. (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:

      1. (A) a person certified by NSPI as a "Certified Service Technician" or as a "Certified Building Professional" or the equivalent;
      2. (B) a professional engineer registered in the state of Texas;
      3. (C) a professional architect registered in the state of Texas;

      4. (D) a registered sanitarian or code enforcement officer in the state of Texas, who has one of the following certifications or the equivalent:

         1. (i) the NRPA, "Certified Aquatic Facility Operator" (A.F.O.);
         2. (ii) the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
         3. (iii) Y.M.C.A., "Pool Operator on Location" (P.O.O.L.);
         4. (iv) the NSPI, "Service Technician I" or "Service Technician II" or "Certified Service Technician"; or
         5. (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. (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:

      1. (A) the inspection shall be performed by a person with the following qualifications:

         1. (i) those qualifications as stated in paragraph (4) of this subsection; or

         2. (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:

            1. (I) the NRPA, "Certified Aquatic Facility Operator" (A.F.O.);
            2. (II) the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
            3. (III) Y.M.C.A., "Pool Operator on Location" (P.O.O.L.); or
            4. (IV) the NSPI, "Service Technician I"; and
      2. (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.
      3. (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.
4. (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.
5. (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).
6. (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.
7. (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.

8. (h) Return inlets in new pools and spas. Return inlets in new pools and spas shall comply with the following.

   1. (1) Return inlet(s) from the circulation system shall be designed to not constitute a hazard to the user.
   2. (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. (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.

Source Note:The provisions of this §265.190 adopted to be effective June 17, 1999, 24 TexReg 4365.