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RULE §265.181General Provisions

(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 of construction.

  (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.

Source Note: The provisions of this §265.181 adopted to be effective January 1, 2021, 45 TexReg 9529

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