| (a) Application. Pursuant to Texas Health and Safety
Code, §341.064(b-1), an owner or operator may apply to use an
alternate method of disinfectant.
(b) Submission. A completed application for use of
an alternate method of disinfectant must be submitted to DSHS's Consumer
Protection Division at least 180 days before the opening of the pool
or spa. The application must include:
(1) the type and level of primary disinfectant;
(2) the type and level, where applicable, of any supplemental
method of water treatment;
(3) the method and equipment used for storing, delivering,
and measuring primary disinfectant levels and supplemental water treatment
levels;
(4) data supporting the effectiveness of the primary
disinfectant and supplemental method of water treatment in maintaining
required water quality;
(5) descriptions of any specialized equipment, application
methods, or other water treatment methods that may differ from the
requirements in §265.193 of this subchapter (relating to Water
Quality at Pools and Spas);
(6) a proposed testing schedule for determining levels
of biological and chemical levels as specified by DSHS to ensure the
health and safety of the public;
(7) a detailed drawing or map of the pool that indicates
swimming areas and non-swimming areas; and
(8) any additional information DSHS requires to make
its decision.
(c) Decision. DSHS approves or rejects a request to
use an alternate method of disinfectant no later than 90 days after
the completed application is submitted.
(d) Additional information. If DSHS requires additional
information to make its decision, the application is not considered
complete for purposes of subsections (b) and (c) of this section until
DSHS receives the additional information as requested.
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