| (a) Scope and purpose. The purpose of this subchapter
is to implement Texas Health and Safety Code, §341.064, Swimming
Pools, Artificial Swimming Lagoons and Bathhouses, and §341.0645,
Pool Safety.
(b) Adoption by reference. Department of State Health
Services (DSHS) adopts by reference the 2021 International Swimming
Pool and Spa Code (ISPSC) regarding construction, alteration, renovation,
enlargement, and repair of commercial swimming pools and spas; the
ANSI/APSP-16 American National Standard for Suction Outlet Fitting
Assemblies (SOFA) for use in Pools Spas and Hot Tubs; and the ANSI/PHTA/ICC-7
American National Standard for Suction Entrapment Avoidance in Swimming
Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins as specified
in subsection (c) of this section.
(c) ISPSC sections adopted. DSHS adopts by reference
the following chapters and sections from the ISPSC, except as provided
in subsection (d) of this section: Section 102 in Chapter 1, Scope
and Administration; Chapter 2, Definitions; Chapter 3, General Compliance,
only as these sections and chapters relate to the construction, alteration,
renovation, enlargement, and repair of commercial swimming pools and
spas; Chapter 4, Public Swimming Pools; Chapter 5, Public Spas and
Public Exercise Spas; and Chapter 6, Aquatic Recreation Facilities.
(d) ISPSC sections not adopted. DSHS does not adopt
by reference the following chapters and sections from the 2021 ISPSC:
Sections 102.7.1, 103, 104, 105, 106, 107, 108, 109.2, 109.3, 110,
111, 112, 113, and 114 in Chapter 1, Scope and Administration; Definitions
in Section 202 in Chapter 2: Code Official, Deep Area, Design Professional,
and Jurisdiction; Section 412.2 in Chapter 4, Public Swimming Pools;
Section 508.3 in Chapter 5, Public Spas and Public Exercise Spas;
Section 603.3 in Chapter 6, Aquatic Recreation Facilities; Chapter
7, Onground Storable Residential Swimming Pools; Chapter 8, Permanent
Inground Residential Swimming Pools; Chapter 9, Permanent Residential
Spas and Permanent Residential Exercise Spas; and Chapter 10, Portable
Residential Spas and Portable Residential Exercise Spas.
(e) Application of the rules. The rules in this subchapter
establish minimum standards for swimming pools and spas concerning
pool operation and management, water quality, safety standards unrelated
to design and construction, signage, enclosures, and safety features
intended to reduce to a practical minimum the possibility of drowning
or injury to users.
(f) Date of construction. The date of construction
of a pool, spa, or a bathhouse is the date that a building permit
for construction is issued. If no building permit is required, the
date that excavation or electrical service begins, whichever is earlier,
is the date of construction. In the case of the latter, the owner
or operator must produce adequate written documentation of the date
of excavation or the beginning date of electrical service.
(g) Regulations not in the ISPSC. Regarding regulations
in this subchapter not addressed by the ISPSC, local regulatory authorities
may, with the exception of DSHS-approved alternate methods of disinfection
set forth in §265.196 of this subchapter (relating to Request
for Alternate Method of Disinfectant), adopt standards that vary from
the standards in this subchapter; however, such standards must be
equivalent to or more stringent than the standards in this subchapter.
(h) References to public swimming pools and public
spas. The rules specify whether a particular provision concerns pool
operation and management, water quality, safety standards unrelated
to design and construction, signage, enclosures, and safety features
applies to pools and spas constructed on or after the effective date
of this subchapter or whether it applies to all public swimming pools
and public spas regardless of the date of construction.
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