Texas Register

TITLE 25 HEALTH SERVICES
PART 1TEXAS DEPARTMENT OF HEALTH
CHAPTER 265GENERAL SANITATION
SUBCHAPTER LSTANDARDS FOR PUBLIC POOLS AND SPAS
RULE §265.199Specific Safety Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas
ISSUE 04/02/2004
ACTION Proposed
Preamble No Rule Available

(a)Handholds and coping for post-10/01/99 and pre-10/01/99 pools and spas. A post-10/01/99 pool or spa shall be provided with a handhold around its perimeter in areas where depths exceed 42 inches and there is no seat bench, swimout, or lounge area below the perimeter area in question. Handholds shall be provided no farther apart than 2 feet to include, but not limited to, one or a combination of the following items:

  (1)handholds for post-10/01/99 and pre-10/01/99 pools may be coping, rope, railing, ledge, deck, or similar construction along the immediate top edge of the pool that provides a slip-resistant surface or grip and shall be at least 4 inches minimum horizontal width and located at or not more than 9 inches above the design water level. Any overhang of coping or decking shall not exceed 2 inches;

  (2)coping overhang in post-10/01/99 and pre-10/01/99 pools shall be continuous without breaks or notches (other than slight indentations by masonry joints);

  (3)coping in post-10/01/99 and pre-10/01/99 pools shall be rounded at the edge closest to the water with the rounding having a radius of at least 1/16 inch; and

  (4)ladders, steps, and seat ledges for post-10/01/99 pools shall be constructed in accordance with §265.186(b) 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).

(b)Float lines and floor markings for post-10/01/99 and pre-10/01/99 pools. Float lines with floats and floor markings for a post-10/01/99 and pre-10/01/99 pools shall comply with the following:

  (1)in post-10/01/99 and pre-10/01/99 Class A and B pools over 5 feet deep:

    (A)the transition point of the pool from the from the shallow area to the deep area of the pool shall be visually set apart with a 4-inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom; and

    (B)a rope and float line shall be provided between 1 foot and 2 feet on the shallow side of the 5-foot depth along and parallel to this depth from one side of the pool to the other side. The floats shall be spaced at not greater than 7-foot intervals; and the floats shall be secured so they will not slide or bunch up. The stretched float line shall be of sufficient size and strength to offer a good handhold and support loads normally imposed by users. If the owner or operator of the pool knows or should have known in the exercise of ordinary care that a rope or float is missing, broken, or defective, the problem shall be promptly remedied.

  (2)in post-10/01/99 and pre-10/01/99 Class C pools over 5 feet deep, the transition point of the pool from the shallow area to the deep area of the pool shall be visually separated by a 4-inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom; and

  (3)if rope and float lines are provided in post-10/01/99 or pre-10/01/99 pools, they shall be securely fastened to wall or deck anchors of corrosion-resisting materials and of the type that is recessed or removable and shall have no projection that will constitute a hazard when the line is removed.

(c)Depth markers for post-10/01/99 pools. Post-10/01/99 pools shall have markers showing depth and unit of measurement for the depth, complying with the following:

  (1)Depth markers on both sidewalls and decks of the pool shall;

    (A)indicate the pool depth from the design water level to the floor of the pool according to a vertical measurement taken 3 feet from the pool wall;

    (B)be a minimum of 4 inches in height (measured vertically on a sidewall and horizontally on a deck);

    (C)be of contrasting color to the background on which they are applied;

    (D)have permanent colors for the numbers, units, and background of the marker;

    (E)placed at 2-foot increments of depth in the shallow and deep ends of the pool, and be uniformly installed around a pool to the extent practical;

    (F)be spaced at distances not greater than 25-foot intervals, and with a minimum of at least one marker per pool side;

    (G)be placed at the maximum and minimum points of depths and at the 5-foot depth of a pool over 5 feet deep;

    (H)designate the depth, on irregularly shaped pools, at all major deviations in shape; and

    (I)have units of measurement spelled out in "feet" or "inches" or abbreviated as "Ft.", "In." or feet and fractions of a foot. In addition to feet and inches, the unit of measurement may also be displayed in meters, in which event units of measurement may be spelled out as "meters" or abbreviated as "M".

  (2)Depth and unit markers on decks shall be slip-resistant, placed within 24 inches of the water's edge, and positioned to be read while standing on the deck facing the water;

  (3)Depth and unit markers on pool sidewalls, except as provided in paragraph (4) of this subsection shall be plainly and conspicuously posted in the top 4.5 inches of the pool wall and be positioned to be read by a user while in the pool; and

  (4)If depth and unit markers cannot be placed on the sidewall with a readable portion of the marker above the actual water level (e.g. the edges of a zero depth entry pool or other coping types that do not allow sufficient space for the 4-inch depth markers), other methods may be used to mark the depth and unit of measurement, as follows:

    (A)sidewall depth and unit markers shall not be required on the edges of a zero depth entry pool;

    (B)on roll out gutter pools or other pools without a vertical sidewall and with at least 3 inches of the sidewall above the design water level, depth and unit markers shall be readable from the pool and shall be placed in the first 6 inches of deck or on a vertical wall or fence, if one exists, within 10 feet of the water's edge. Otherwise, no depth or unit markers shall be required for such pools; and

    (C)on vanishing edge pools, depth and unit markers shall not be required on that portion of the vanishing edge that has no pool wall above the design water level and shall not be required on that portion of the vanishing edge that is inaccessible to patrons on the deck; but sidewall and deck markers must be installed on the vanishing edge immediately at the end of the vanishing edge, in the top 4.5 inches of the pool.

(d)Depth markers for pre-10/01/99 pools. Pre-10/01/99 pools shall have depth markers that comply with the following:

  (1)depth markers on both sidewalls and decks of the pool shall:

    (A)indicate the pool depth from the design water level to the floor of the pool according to a vertical measurement taken 3 feet from the pool wall;

    (B)be a minimum of 4 inches in height (measured vertically on a sidewall and horizontally on a deck);

    (C)be of contrasting color to the background on which they are applied;

    (D)have permanent colors for the numbers, units (if any), and background of the marker;

    (E)be placed at 2-foot increments of depth around the pool; and

    (F)be placed at the maximum and minimum points of depths and at the point of bottom slope change from shallow end and deep end;

  (2)depth markers and any unit markers on decks shall be slip-resistant, placed within 24 inches of the water's edge, and positioned to be read while standing on the deck facing the water;

  (3)depth and any unit markers on pool sidewalls, except as provided in paragraph (4) of this subsection, shall have at least 50% of the depth number and any unit of measurement, plainly and conspicuously placed above the design water level on the sidewall and be positioned to be read by a user while in the pool. A percentage higher than 50% is permitted but not required;

  (4)if depth markers and any unit markers cannot be placed on the sidewall with a readable portion of the marker above the design water level (e.g. the edges of a zero depth entry pool or other coping types which do not allow sufficient space for the 4-inch depth markers), other methods may be used to mark the depth and unit of measurement, as follows:

    (A)sidewall depth markers shall not be required on edges of zero depth entry pools;

    (B)on roll out gutter pools or other pools without a vertical wall that does not have at least 3 inches of pool wall above the design water level, the depth markers and any unit markers shall be readable from the pool and shall be placed in the first 6 inches of deck, or on a vertical wall or fence, if one exists, within 10 feet of the water's edge. If there is no practical location for installation of vertical depth markers, no depth or unit markers shall be required in those areas; and

    (C)on vanishing edge pools, depth markers and any unit markers shall not be required on that portion of the vanishing edge that has no pool wall above the design water level and shall not be required on that portion of the vanishing edge that is inaccessible to patrons on the deck; but sidewall and deck markers must be installed on the vanishing edge immediately at the end of the vanishing edge, in the top 4.5 inches of the pool; and

  (5)if a pre-10/01/99 pool is substantially replastered or the waterline tile is substantially replaced, all depth markers on the sidewalls must comply with subsection (c) of this section regarding depth markers for post-10/01/99 pools.

(e)"NO DIVING" wording and international no diving symbol warning signs for post-10/01/99 and pre-10/01/99 pools. This subsection applies to post-10/01/99 and pre-10/01/99 pools.

  (1)The warning words "NO DIVING" and the international no diving symbol shall be clearly marked on the pool deck with contrasting colors and letters at least 4 inches high. The warning shall be placed at least every 25 feet or fraction thereof, around the pool where the water depth is 6 feet or less. At least two warnings including the "NO DIVING" and international no diving symbol, shall be provided at the extreme ends of the minimum depth and at the extreme ends of the maximum depth at 6 feet on each side of the pool or on each of the longer dimensional sides of the pool. These warning signs shall be slip-resistant. The warning "NO DIVING" and international no diving symbol on the deck shall be within 24 inches of the water edge and positioned to be read while standing on the deck facing the water. The international no diving symbol consists solely of a diver's profile in a circle with a 45-degree slash through the diver and may be red and/or black on a light background.

  (2)If a permanent structure above the pool deck (other than a diving board or diving platform) is within 5 feet of the water surface of a pool and is likely to be used for diving, the international no diving symbol and the warning "NO DIVING" (in contrasting colors and letters at least 4 inches high), shall be permanently affixed to the structure so that such warnings are visible to persons who may be attempt to use the structure for diving.

(f)Signs for post-10/01/99 and pre-10/01/99 pools.

  (1)Post-10/01/99 and pre-10/01/99 pools shall comply with the following sign requirements:

    (A)signs shall be securely mounted as applicable and readily visible to the pool user from inside the pool enclosure;

    (B)for Class C and D pools where no lifeguard is provided, a sign shall be placed in plain view and shall state "NO DIVING" along with an international warning symbol for no diving. The letters "NO DIVING" and the symbol shall be at least 4 inches high;

    (C)for pools where no lifeguard service is required, a warning sign shall be placed in plain view and shall state "WARNING-NO LIFEGUARD ON DUTY" with clearly legible letters at least 4 inches high. In addition, the sign shall also state in letters at least 2 inches high "CHILDREN SHOULD NOT USE POOL WITHOUT ADULT SUPERVISION". The additional signage required in this subsection may be included on the sign described in paragraph (2) of this subsection; and

    (D)when a required telephone is not readily visible from a post-10/01/99 or pre-10/01/99 pool or spa, directions shall be posted regarding its location as stated in subsection (i) of this section.

  (2)In areas of Texas where a majority of citizens are non-English speaking, in addition to signs in English, signs, and other written warnings required by these standards, may be posted in the predominant language.

(g)Lifeguard personnel standards at post-10/01/99 and pre-10/01/99 pools. Post-10/01/99 and pre-10/01/99 pools shall comply with the following lifeguard requirements:

  (1)lifeguards and second responders shall be provided at:

    (A)post-10/01/99 and pre-10/01/99 Class A pools during competitive events;

    (B)post-10/01/99 and pre-10/01/99 Class B pools; and

    (C)post-10/01/99 and pre-10/01/99 Class C pools with a diving board or a slide that is not locked or chained to prevent use of the slide. At pools where lifeguards are not provided, refer to subsection (f)(1) of this section relating to signs; and

  (2)when a lifeguard is provided at a pool, the following shall apply:

    (A)the number of lifeguards provided shall be adequate to provide supervision, continuous surveillance and close observation of pool users in all areas of the pool and at all times when the pool is in use. No user shall be permitted in a pool area unless lifeguard(s) are present;

    (B)the lifeguard(s) shall hold a current American Red Cross (ARC) "Lifeguard Training" certificate or the equivalent certification from an aquatic safety organization, which also includes training in (ARC) "Adult, Infant, and Child CPR" and "Community First Aid" or their equivalent. Management at each facility will maintain a current file with each staff person's current certification including expiration dates;

    (C)an additional lifeguard, or second responder who is monitoring and readily available at the pool, and who has a minimum training in (ARC) "Adult, Infant, and Child CPR" and "Community First Aid" or equivalent training, shall also be in the pool area when the pool is in use;

    (D)lifeguard(s) conducting surveillance of pool users shall not be assigned duties that would distract their attention from proper observation of the patrons, or that would prevent immediate assistance to persons in distress in the water;

    (E)pool facilities shall provide alertness/response drills and other training including documentation of the following:

      (i)a pre-season training program;

      (ii)a continual "in-service" training program for all lifeguards, and other aquatic personnel totaling a minimum 60 minutes per week; and

      (iii)performance "audits" as recommended by the ARC or YMCA or equivalent aquatic safety organization;

    (F)owners shall maintain an emergency action plan similar to the one outlined by the ARC or YMCA or equivalent aquatic safety organization. All lifeguards and second responders shall receive training in the application of effective pool emergency procedures for events such as submersions, suspected spinal injury, medical emergencies, missing persons, bad weather, etc. Such training will be reviewed as necessary and kept current. Each lifeguard shall be given an assigned surveillance area commensurate with ability;

    (G)owners shall allow lifeguards to have sufficient break time from guarding activities as recommended by the ARC or YMCA or equivalent aquatic safety organization.

    (H)when a lifeguard is conducting active surveillance of pool patrons, the lifeguard shall not be in the water except in the line of duty.

(h)Lifeguard chairs and lifeguard equipment for post-10/01/99 and pre-10/01/99 pools. Post-10/01/99 and pre-10/01/99 pools shall comply with the following requirements, as applicable:

  (1)A post-10/01/99 pool that has a diving board(s) shall have at least one elevated lifeguard chair, located to provide a clear unobstructed view of the pool bottom in the diving area and shall comply with the following.

    (A)The seat of the lifeguard chair in the diving water area shall be located at an elevation at least 4 feet above the pool deck. The lifeguard chair may be portable so that its location can be optimized to prevent glare and provide proper supervision.

    (B)If the width of the pool is 45 feet or more, an additional elevated chair or station shall be provided and shall be located in the diving area on the opposite side of the pool.

    (C)Such lifeguard platforms or chairs shall be placed in locations to reduce sun glare on the water, and in positions which allow complete visual coverage of the pool and the pool bottom within a field of view no greater than 90 degrees on either side of a line of sight extending straight out from the platform or chair.

  (2)At post-10/01/99 and pre-10/01/99 pools, lifeguard(s) shall have a sufficient number of standard rescue tube(s) or buoy(s) with attached rope/strap and other equipment as necessary for use by the lifeguard(s). Such equipment shall be immediately accessible at all times. Lifeguard(s) and second responders shall be dressed in swimming attire so that they are readily identifiable as members of the staff.

(i)Pool safety equipment for post-10/01/99 and pre-10/01/99 pools. Post-10/01/99 and pre-10/01/99 pools shall comply with the following standards:

  (1)lifesaving equipment at post-10/01/99 and pre-10/01/99 Class A, B, and C pools. At post-10/01/99 and pre-10/01/99 Class A, B, and C pools having less than 2,000 square feet of surface area, at least one of each of the following items of lifesaving equipment shall be provided for the pool:

Cont'd...

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