- (a) Certification of heaters or boilers for post-10/01/99 and pre-10/01/99 pools and spas. If required by TDLR, both post-10/01/99 and pre-10/01/99 pool and spa heaters or boilers shall have a current certificate of operations from the TDLR. In addition, all pool and spa heater installation and energy sources for post-10/01/99 pools and spas shall be designed, constructed and operated to comply with applicable local, state, or federal codes or standards as well as the manufacturer's instructions.
(b) Heater installation and testing for post-10/01/99 pools and spas. Heaters using fossil fuels, such as natural gas, liquid petroleum gas, No. 2 fuel oil, or electricity for heating water for post-10/01/99 pools and spas and shall comply with the following:
- (1) heaters shall comply with ANSI Z21.56-1994, Standards for Gas-Fired Heaters, or for electrical heaters UL 1261-1992, or UL 559-1985 for heat pumps and shall comply with 30 TAC, TCEQ Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter D, Small Combustion Sources, at the time of construction of the pool or spa, including requirements related to ASME ratings and low NOx emissions;
- (2) heaters shall be installed on a surface with sufficient structural strength to support the heater when it is full of water and operating. The heater shall be level and stationary after plumbing, gas and/or electrical connections are completed;
- (3) heaters requiring a non-combustible surface per the manufacturer, shall be placed on a concrete or other accepted surface in accordance with ANSI Z21.56-1994 Gas-Fired Heaters;
- (4) heaters shall be installed and maintained with at least the minimum clearances to combustibles for which the heater has been tested as specified by the manufacturer;
- (5) heaters shall have adequate ventilation in order to ensure proper operation;
- (6) heaters shall be grounded and bonded to reduce electrical shock hazard;
- (7) heaters shall be wired to ensure they will not turn on when the pump is off; and
- (8) water flow through heaters, bypass plumbing installed, cross-connection protection, and heat sinks shall be installed in accordance with manufacturer and TCEQ specifications or the department or other state or local regulatory authority.
(c) Temperature and thermometer for post-10/01/99 and pre-10/01/99 spas. The following shall apply to post-10/01/99 and pre-10/01/99 spas.
- (1) The maximum temperature of the water shall not exceed 104 degrees Fahrenheit (40 degrees Centigrade).
- (2) A break-resistant thermometer (plus or minus 1 degree Fahrenheit tolerance) that is designed for use in spas shall be available for spa users and staff to monitor spa temperature; and
- (3) The control for the temperature of the water in the spa shall not be accessible to the spa user.
(d) Heating energy source for post-10/01/99 pools and spas. The heating energy source for post-10/01/99 pools and spas shall comply with the following:
- (1) pool and spa heater energy sources shall be designed, constructed and operated to comply with applicable local, state, or federal codes or standards as well as the manufacturer's instructions;
- (2) the natural gas energy supply piping shall comply with manufacturer's instructions and ANSI Z223.1-1996-National Fuel Gas Code;
- (3) gas lines shall have a gas cock, properly sized and readily accessible outside the jacket, to stop the flow of natural gas for heater service or emergency shutdown;
- (4) where liquid petroleum gas appliances are used, they shall be installed in accordance with ANSI/NFPA 58-1998-Storage and Handling of Liquefied Petroleum Gases;
- (5) the storage tank, supply piping and regulator shall be adequately sized to ensure operating fuel pressures as specified by the appliance manufacturer; and
- (6) propane appliances located in a pit or enclosed area shall be installed in accordance with ANSI/NFPA 58-1998 standards.
Source Note:The provisions of this §265.193 adopted to be effective September 1, 2004, 29 TexReg 7704.