|(a) Scope and purpose. This subchapter provides minimum
standards for the design, construction, renovation and maintenance
of public swimming pools and spas, and bathhouses. The rules in this
subchapter also establish minimum standards for public swimming pools
and spas to ensure proper filtration, chemical balance, and maintenance
of the water for the safety of the users, and to reduce to a practical
minimum the possibility of drowning or injury to users. The rules
in this subchapter are in addition to any municipal or federal laws
applicable to public swimming pools and spas. This subchapter implements
Texas Health and Safety Code, §341.064 authorized by Texas Health
and Safety Code, §341.002, and the rules are considered to be
good public health engineering practices.
(b) Application of the rules. Public swimming pools
and spas shall be referred to as pools and spas throughout this subchapter.
(1) The rules will specify whether a particular provision
applies to pools and spas constructed on or after the effective date
of this subchapter or to all pools and spas regardless of the date
(2) Repairs to any pool, spa or related systems shall
conform to those required for a new system whenever possible. Repairs
shall not cause existing systems to become unsafe, unsanitary or overloaded.
(c) Date of construction. The date of construction
of a pool or spa or a bathhouse is the date that a building permit
for construction is issued or, if no building permit is required,
the date that excavation or electrical service begins, whichever is
earlier, in which case the owner or operator must produce adequate
written documentation of that fact.
(d) Local regulatory authority. Pursuant to Texas Local
Government Code, §214.103, the International Swimming Pool and
Spa Code (ISPSC) is adopted as the municipal swimming pool and spa
code for all construction, alteration, remodeling, enlargement, and
repair of pools and spas in a municipality that elects to regulate
pools or spas. Regarding standards in this subchapter not addressed
by the ISPSC, local regulatory authorities may, with the exception
of department approved alternate methods of disinfectant set forth
in §265.207 of this subchapter (relating to Request for Alternate
Method of Disinfectant), adopt standards that vary from the standards
in this subchapter; however, such standards shall be equivalent to
or more stringent than the standards in this subchapter and shall
be in accordance with good public health engineering practices.