reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.167 - Request for Alternate Method of Disinfectant

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. Pursuant to Texas Health and
				  Safety Code, §
										341.064(b),
				  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 the department, Consumer Safety Section, no later than 180 days
				  before the opening of the lagoon. The application shall 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 for 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 § 265.166 of
				  this subchapter (relating to Water Quality);
(6) a proposed testing schedule for
				  determining levels of biological and chemical levels as specified by the
				  department to ensure the health and safety of the public;
(7) a detailed drawing or map of the lagoon
				  that indicates swimming areas and non-swimming areas; and
(8) any additional information the department
				  requires to make its decision.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.168 - Enclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) Enclosure
				  required. The lagoon facility shall be enclosed by a fence, wall, or barrier
				  that meets the requirements in this section.
(b) Minimum height. The enclosure, including
				  doors and gates, shall have a minimum perpendicular height of at least six feet
				  as measured from the ground surface on the outside of the fence.
(c) Openings. The enclosure shall have no
				  openings in it, through it, or under it, which would allow a four-inch diameter
				  sphere to pass.
(d) An enclosure
				  constructed with horizontal and vertical members with the distance between the
				  tops of the horizontal members less than 48 inches, shall have openings that
				  shall not allow a sphere 1-3/4 inches in diameter to pass through the
				  enclosure.
(e) The enclosure shall
				  be designed and constructed so that it cannot be readily climbed. Structures,
				  light poles, trees, or any other object that could make the enclosure easy to
				  climb shall be a minimum of three horizontal feet from the exterior of the
				  fence.
(f) Entry gates, doors and
				  windows.
(1) Entry doors, gates, and windows
				  in the enclosure shall be directly and continuously supervised by staff during
				  hours of operation or locked to prevent unauthorized entry.
(2) All entry gates and doors shall open
				  outward away from the lagoon and shall:
(A)
				  have hand-activated opening hardware; and
(B) have hardware enabling the doors and
				  gates to be locked by a padlock or built-in lock.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.169 - Safety Features

Current through Reg. 49, No. 28; July 12, 2024
(a) Safety
				  equipment. Safety equipment shall have its function plainly marked and shall be
				  kept in ready condition at all times a lagoon is open for use.
(b) Boundaries. Boundaries shall be
				  designated as follows.
(1) Boundaries for
				  swimming areas of the lagoon shall be marked by a buoy line with floats.
(A) The buoy line floats or buoys shall be at
				  regular intervals, no further than 25 feet apart and where the lines are
				  joined.
(B) Buoy lines with floats
				  shall be located where the depth of the water is five feet and at the boundary
				  of the swimming and non-swimming areas of the lagoon if the swimming area is
				  deeper than five feet.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.170 - Lifeguard Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Waterfront
				  supervision. A waterfront manager or director who holds a current lifeguard
				  certificate or its equivalent shall be required to manage and direct all
				  water-related activities in the non-swimming and swimming areas.
(b) Lifeguards required. A lagoon shall
				  provide lifeguards if:
(1) alcohol is sold,
				  served, or allowed to be brought in;
(2) motorboats are used or allowed;
(3) the lagoon is open to the general
				  public;
(4) the lagoon is used for
				  the recreation of youth groups, including youth camps, childcare, or school
				  groups;
(5) unsupervised children
				  under the age of 14 years are allowed; or
(6) users enter the water from any height
				  above the deck or wall, including from diving boards, drop slides, starting
				  platforms, or climbing walls.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.171 - Operation and Management

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Required certification. The lagoon shall be maintained under the supervision
				  and direction of a properly trained and certified operator who is responsible
				  for the sanitation, safety, proper maintenance of the lagoon, and for
				  maintaining all physical and mechanical equipment and records. Training and
				  certification can be obtained by completion of one of the following courses or
				  their equivalent:
(1) the National Recreation
				  and Parks Association, "Aquatic Facility Operator;"
(2) the PHTA, "Certified Pool Operator;"
				  or
(3) the American Swimming Pool
				  and Spa Association, "Licensed Aquatic Facility Technician."
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.172 - Dressing and Sanitary Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Fixture design. Fixtures at dressing and sanitary facilities shall be designed
				  so that the fixtures are readily cleanable.
(b) Fixture installation. Fixtures at
				  dressing and sanitary facilities shall be installed in accordance with local
				  plumbing codes and shall be properly protected by backflow connection
				  prevention devices.
(c) Cleaning.
				  Dressing and sanitary facilities shall be cleaned as necessary to maintain
				  sanitary conditions at all times.
(d) Ventilation. Adequate ventilation shall
				  be provided in dressing and sanitary facilities to prevent objectionable
				  odors.
(e) Dressing and sanitary
				  facilities at lagoons open to the general public.
(1) Separate men's and women's dressing and
				  sanitary facilities shall be provided. The rooms shall be well lit, drained,
				  ventilated, and of good construction, using impervious materials. The
				  facilities shall be developed and planned so that good sanitation will be
				  maintained throughout the building at all times. An appropriate number of
				  dressing rooms that can accommodate a family are allowed.
(2) Partitions between portions of the
				  dressing room area, screen partitions, shower, toilet, and dressing room booths
				  shall be of durable material not subject to damage by water and shall be
				  designed so that a waterway is provided between partitions and floor to permit
				  thorough cleaning of the walls and floor areas with hoses and brooms.
(3) Floors shall have slip-resistant surfaces
				  and shall be sufficiently smooth to ensure ease in cleaning. Floor drains shall
				  be provided, and floors shall be sloped a minimum of 1/4-inch per foot toward
				  the drains to ensure positive drainage.
(4) An adequate number of hose bibs and a
				  hose of adequate length shall be provided for washing down all areas of the
				  dressing facility interior. Adequate cross-connection control devices, approved
				  by TCEQ or the local regulatory authority, shall be provided. When not in use,
				  hoses shall be stored in such a manner to prevent a trip hazard.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.173 - Compliance, Inspections, and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) A department or local regulatory
				  authority shall have the right to enter at all reasonable times any area or
				  environment, including the lagoon facility, building, storage, equipment room,
				  bathhouse, or office to inspect and investigate for compliance with this
				  subchapter to review records, to question any person, or to locate, identify,
				  and assess the condition of the lagoon.
(b) Advance notice or permission for entry is
				  not required.
(c) A department or
				  local regulatory authority shall not be impeded or refused entry during his
				  official duties by reason of any company policy.
(d) It is a violation of this subchapter for
				  a person to interfere, deny, or delay an inspection or investigation conducted
				  by a department or a local regulatory authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter K - ARTIFICIAL SWIMMING LAGOONS › Section 265.174 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
				  violates Texas Health and Safety Code, §
										341.064, or
				  this subchapter, the department or local regulatory authority may, in
				  accordance with Texas Health and Safety Code, §
										341.092,
				  institute a civil suit in district court for the assessment of civil penalties,
				  injunctive relief, or both.
(b) A
				  person who violates Texas Health and Safety Code, §
										341.064, or
				  this subchapter may also be subject to a criminal penalty under Texas Health
				  and Safety Code, §
										341.091.
(c) If the lagoon closes, either voluntarily
				  or by court order, public access to the lagoon shall be restricted and a notice
				  posted notifying the public that the lagoon is closed until further
				  notice.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.183 - Plans and Instructions

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans for new
				  construction of pools and spas. DSHS may review plans for pools and spas to
				  ensure compliance with construction requirements. If DSHS intends to review
				  plans, DSHS will notify the owner or operator in writing.
(b) Additions, alterations, renovations, or
				  repairs authorized. A minor addition, alteration, renovation, or repair to an
				  existing pool or spa and related mechanical, electrical, and plumbing systems
				  may be performed in accordance with the construction standard that was in place
				  when the pool and spa was constructed.
(c) Accepted practice for pools and spas. The
				  structural design and materials for pools and spas constructed before the
				  effective date of this subchapter must be in accordance with accepted industry
				  engineering practices and methods prevailing at the time of original
				  construction unless otherwise stated in this subchapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.184 - Slides and other Aquatic Play Features

Current through Reg. 49, No. 28; July 12, 2024
(a) Proper
				  installation of a slide or other aquatic play feature. A slide or other aquatic
				  play feature, such as a climbing wall, floating amusement island, zip line, or
				  anchored floats, must be installed according to manufacturer's instructions or
				  in accordance with the specifications established by a licensed engineer or
				  licensed architect.
(b) Amusement
				  ride. An aquatic play feature or slide that meets the definition of "Amusement
				  Ride" in Texas Occupations Code, Chapter 2151 (the Amusement Ride Safety
				  Inspection and Insurance Act) must comply with that chapter.
(c) Jumping rocks or ledges. Pools with
				  diving or jumping rocks or ledges must be designed by a licensed engineer or
				  licensed architect.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.185 - Pumps and Motors for Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
A pump for a pool or spa must not be operated if the owner
					 or operator of the pool or spa knows or should know in the exercise of ordinary
					 care that the drain grate, suction outlet, or any suction outlet cover is
					 missing, broken, or loose. If such a condition exists, the pool or spa must be
					 closed and remain closed until corrected.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.186 - Electrical Requirements for Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensed
				  electrician required. The electrical system of a pool or spa and structures in
				  the pool yard or spa yard must be installed, maintained, repaired, or replaced
				  by a licensed electrician in accordance with the Texas Electrical Safety and
				  Licensing Act, Texas Occupations Code, Chapter 1305 and related
				  rules.
(b) Extension cords.
				  Temporary extension cords and power connectors must not be used as a substitute
				  for permanent wiring.
(1) All parts of an
				  extension cord must be restrained at a minimum of 6 feet as measured along the
				  shortest possible path from a pool or spa during times when the pool or spa is
				  open for use.
(2) An extension cord
				  may be used within 6 feet of the nearest edge of a pool or spa if a permanent
				  wall exists between the pool or spa and the extension cord.
(3) The circuit supplying power to an
				  extension cord must be protected by a ground fault circuit interrupter,
				  commonly referred to as GFCI, when the extension cord is to be used within 6
				  feet of a pool or spa.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.187 - Pool or Spa Water Supply and Drinking Water for All Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
(a) Water supply.
				  For all pools and spas, the initial fill water and make-up water used to
				  maintain the water level and water used as a vehicle for sanitizers or other
				  chemicals for pump priming or for other additions must be from a public water
				  system, as defined by 30 TAC §
										290.38(relating to Definitions),
				  or from a water well that complies with the requirements of subsection (c) of
				  this section.
(b) Water
				  distribution system. All portions of the water distribution system must be
				  protected against backflow and back siphonage using a high hazard preventer
				  such as a reduced-pressure-principle backflow preventer meeting the
				  requirements of the American Society of Sanitary Engineering Standard 1013, as
				  amended, and approved for use in potable water systems possibly subjected to
				  back siphonage or high back pressure or an air gap designed to ASME Standard
				  A112.1.2.
(c) Private water supply.
				  If the water supply providing water to the pool or spa does not meet the
				  definition of a public water system, as defined in subsection (a) of this
				  section, that water supply must comply with the following requirements.
(1) Water pressure system must be designed
				  to:
(A) maintain a minimum pressure of 35
				  pounds per square inch (psi) at all points within the distribution network at
				  flow rates of at least 1.5 gallons per minute per connection;
(B) maintain a minimum pressure of 20 psi
				  under combined fire and drinking water flow conditions when the system is
				  intended to provide firefighting capability; and
(C) maintain a minimum distribution pressure
				  not less than 20 psi at any time.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.188 - Wastewater Disposal for Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
(a) Filter backwash
				  wastewater disposal. Filter backwash, cartridge wash water, and drainage water
				  that is not reused in the pool or spa must be discharged or disposed of in
				  accordance with the requirements of the TCEQ or local regulatory
				  authority.
(b) No direct
				  connection. No direct mechanical (hard) connection may be made between the pool
				  or spa, the drains, the chemical treatment equipment, or the system of piping
				  and the sanitary sewer system, septic system, or other wastewater disposal
				  system.
(c) Pool and spa backwash.
				  Backwash water and draining water must be discharged through an air gap formed
				  by positioning the discharge pipe opening at least two pipe diameters above the
				  overflow level of any barriers that could cause flooding and submergence of the
				  discharge opening or by other means in accordance with TCEQ requirements.
				  Splash screening barriers are permitted, as long as the barriers do not destroy
				  air gap effectiveness.
(d)
				  Wastewater post treatment. Filter backwash water and circulation system
				  drainage water must be treated either chemically or through use of settling
				  tanks to eliminate or neutralize chemicals, diatomaceous earth, and other
				  contaminants in the water that exceed discharge limits set by TCEQ or the local
				  regulatory authority.
(e) Other
				  wastewater or drainage water disposal facilities or lines. The location of
				  other wastewater disposal facilities or lines must meet applicable standards of
				  30 TAC Chapter 307, Texas Surface Water Quality Standards, Chapter 308,
				  Criteria and Standards for the National Pollutant Discharge Elimination System,
				  Chapter 311, Watershed Protection, and Chapter 315, Pretreatment Regulations
				  for Existing and New Sources of Pollution, or the local regulatory
				  authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.189 - Disinfectant Equipment and Chemical Feeders

Current through Reg. 49, No. 28; July 12, 2024
(a) Disinfectant
				  agent. Pool and spa water must be continuously disinfected by a chlorine or
				  bromine disinfectant agent that can be easily measured by simple and accurate
				  field tests.
(b) Supplemental
				  treatment systems. Supplemental treatment systems may be installed and used on
				  pools and spas.
(1) Supplemental treatment
				  systems used only to treat water in a pool or spa and not a public interactive
				  water feature or fountain (PIWF) are not required to meet the minimum 3-log or
				  2-log inactivation of
Cryptosporidium parvum.
(2) Supplemental treatment systems used to
				  treat water in a PIWF must comply with the requirements in §
											265.306(g) of
				  this chapter (relating to Water Quality at Public Interactive Water Features
				  and Fountains) referring to supplemental water treatment systems for
				  PIWFs.
(3) Supplemental treatment
				  systems must meet NSF Standard 50 or NSF Standard 60, have an Environmental
				  Protection Agency (EPA) or FIFRA registration, and be used in accordance with
				  the manufacturer's instructions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.190 - Safety Features for Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
(a) Safety rope and
				  float lines and floor markings.
(1) Class A
				  pools not being used for competitive events or lap swimming must have a rope
				  and float line.
(A) A rope and float line must
				  be located between 1 and 2 feet from the 5-foot depth location, toward the
				  shallow end of the pool. Floats must be spaced at no more than 7-foot intervals
				  and secured so they do not slide or bunch. The size of the stretched rope and
				  float line must provide a good handhold and be strong enough to support the
				  load normally imposed by users.
(B)
				  A rope and float line must be fastened securely to a wall or deck anchor made
				  of corrosion-resistant material that is recessed or removable and does not
				  create a hazardous projection when the line is removed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.191 - Lifeguard Personnel Requirements and Standards at Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Lifeguards
				  required. Pools and spas are required to meet the operational standard that is
				  most applicable to their respective use. For example, a pool or spa that is
				  normally operated as a Class C pool or spa but is occasionally made available
				  to the public, with or without a fee, must meet Class B lifeguard standards
				  when the pool is open to the general public, with or without a fee. A minimum
				  of two lifeguards must be provided at:
(1)
				  Class A pools during competitive events;
(2) Class B pools whenever the Class B pool
				  is open;
(3) any pool where a user
				  enters the water from any height above the deck or wall, including from diving
				  boards, diving platforms, drop slides, waterslides, starting platforms, zip
				  lines, or climbing walls that are open for use;
(4) any wave or surf pool; or
(5) any pool while it is being used for the
				  recreation of youth groups, including youth camps, visiting childcare groups,
				  or visiting school groups, and a minimum of two lifeguards must be provided by
				  either the aquatic facility or by the youth group using the aquatic
				  facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.192 - Pool Yard and Spa Yard Enclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) Fence or
				  barrier required. All pool yards and spa yards must be completely enclosed by a
				  fence, wall, or equivalent barrier that is durable and is not easily climbed.
				  An enclosure can surround multiple pools and spas within an aquatic facility.
(1) Planters, light poles, and other
				  structures and site furnishings must not be permitted within 36 inches, as
				  measured horizontally, outside of the enclosure.
(2) Planters, light poles, and other
				  structures and site furnishings inside the pool or spa enclosure must be
				  constructed and placed such that the fence is not made easily climbable from
				  outside the pool or spa enclosure.
(3) Tree limbs must be kept trimmed to
				  prevent a tree or the limbs of the tree from being used by children to climb
				  over the enclosure.
(4) Solid
				  barriers that do not have openings must be smooth and not have any indentations
				  or protrusions that could be used as a handhold or foothold except for normal
				  construction tolerances and tooled masonry joints on the side away from the
				  pool or spa.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.194 - Operation and Management of Pools and Spas

Current through Reg. 49, No. 28; July 12, 2024
(a) Operational
				  standard for all pools and spas. Pools and spas must be required to meet the
				  operational standard that is most applicable to their respective use. For
				  example, a pool or spa that is being operated as a Class C pool or spa but is
				  generally or for specific occasions made available to the public, with or
				  without a fee, must meet Class B operational standards.
(b) Required operator certification. All
				  Class A, Class B, and Class C pools and spas must be maintained under the
				  supervision and direction of a properly trained and certified operator.
(1) The operator is not required to be
				  on-site when the pool or spa is open.
(2) The operator may be responsible for
				  multiple pools and spas.
(3) The
				  trained and certified operator's name and contact information must be made
				  available to on-site staff, such as lifeguards, and to property management
				  companies or property managers, and must be made available at the request of
				  DSHS or a local regulatory authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.195 - Additional Requirements for Aquatic Activity Devices and Specific Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Slide flumes.
				  Slide flumes constructed on or after the effective date of this subchapter must
				  be easily cleanable, have proper drainage in all valleys and dips, and have
				  safety measures that ensure a rider cannot fall or be ejected from the
				  flume.
(b) Wave pools.
(1) Wave pools must be fitted with a rope and
				  float line located to restrict access to the caisson wall if required by the
				  wave pool equipment manufacturer. Safety rope and float lines typically
				  required at the shallow to deep water transition do not apply to wave
				  pools.
(2) A minimum of two
				  emergency shutoff switches to disable the wave action must be provided, one on
				  each side of the wave pool.
(3)
				  Caisson barriers must have no openings that would allow passage of a 4-inch
				  sphere and must be provided for all wave pools. Wave pools using forced air to
				  generate waves must not be required to have caisson barriers unless recommended
				  by the manufacturer.
(4) Safety
				  rope and float lines required at the shallow to deep water transition do not
				  apply to surf pools.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.196 - Request for Alternate Method of Disinfectant

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.197 - Compliance, Inspections, and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) DSHS or the
				  local regulatory authority has the right to enter at all reasonable times any
				  area or environment, including a building, storage, equipment room, bathhouse,
				  or office to inspect and investigate for compliance with this subchapter, to
				  review records, to question any person, or to locate, identify, and assess the
				  condition of the pool or spa.
(b)
				  Advance notice or permission for entry is not required.
(c) DSHS or the local regulatory authority
				  must not be impeded or refused entry during its official duties by reason of
				  any company policy.
(d) It is a
				  violation of this subchapter for a person to interfere with, deny, or delay an
				  inspection or investigation conducted by DSHS or a local regulatory
				  authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter L - PUBLIC SWIMMING POOLS AND SPAS › Section 265.198 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person
				  violates Texas Health and Safety Code, §
										341.064 or
				  §
										341.0645 or
				  this subchapter, DSHS or the local regulatory authority may, in accordance with
				  Texas Health and Safety Code, §
										341.092,
				  institute a civil suit in district court for the assessment of civil penalties,
				  injunctive relief, or both.
(b) A
				  person who violates Texas Health Safety Code, §341.064 or §341.0645,
				  or this subchapter may also be subject to a criminal penalty under Texas Health
				  and Safety Code, §
										341.091.
(c) If a pool or spa closes, either
				  voluntarily or by court order, public access to the pool or spa must be
				  restricted and a notice posted on the entry gates or doors.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.301 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of
				  the rules. These rules implement Texas Health and Safety Code, §
										341.0695.
(b) Scope of rules. These rules address
				  minimum sanitation requirements for public interactive water features and
				  fountains (PIWFs). These standards are based in part on the American National
				  Standards Institute and International Aquatic Foundation Standards for Aquatic
				  Recreation Facilities (ANSI/IAF-9 2005) as amended, the National Swimming Pool
				  Foundation's 2008 "Aquatic Play Feature Handbook" as amended, the Centers for
				  Disease Control and Prevention "Designing Public Swimming Facilities
				  Guidelines," and the Centers for Disease Control and Prevention "Operating
				  Public Swimming Pools Guidelines" both available at
				  http://www.cdc.gov/healthyswimming/.
(1)
				  These rules apply to all PIWFs whether the PIWF shares or does not share a
				  water supply, disinfection system, filtration system, circulation system, or
				  any other treatment system that allows water to co-mingle with any other water
				  feature or a pool.
(2) A PIWF that
				  is supplied entirely by drinking water that is not recirculated is not subject
				  to §
											265.303(d)
				  and §
											265.303(f)
				  of this title (relating to Operation and Maintenance of Public Interactive
				  Water Features and Fountains); §265.305 (relating to Circulation and
				  Disinfectant Systems for Public Interactive Water Features and Fountains), and
				  §
											265.306
				  of this title (relating to Water Quality at Public Interactive Water Features
				  and Fountains).
(3) These rules do
				  not apply to a PIWF that uses freshwater originating from a natural watercourse
				  for recreational purposes and that releases the freshwater back into the same
				  natural water course.
(4) A PIWF
				  with water reservoirs or basins that are accessible to users may be subject to
				  the suction device requirements of Chapter 265, Subchapter L of this title
				  (relating to Standards for Public Swimming Pools and Spas).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.303 - Operation and Maintenance of Public Interactive Water Features and Fountains

Current through Reg. 49, No. 28; July 12, 2024
(a) Public
				  interactive water feature and fountain (PIWF) operation requirements. PIWFs
				  shall be operated and maintained under the supervision and direction of a
				  properly trained and certified operator who is responsible for sanitation and
				  proper maintenance of the PIWF, and who is responsible for maintaining all
				  physical and mechanical equipment and records. Training and certification shall
				  be obtained by completion of one of the following courses or its equivalent:
(1) the NRPA, "Aquatic Facility Operator"
				  (A.F.O.);
(2) the NSPF, "Certified
				  Pool Operator" (C.P.O.);
(3) the
				  ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or
(4) AquaTech Pool and Aquatic Facility
				  Operator.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.304 - Water Supply and Wastewater Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Water supply. The initial water supply of a public interactive water feature or
				  fountain (PIWF) shall be potable water.
(b) Water distribution system. All portions
				  of the water distribution system serving a PIWF shall be protected against
				  backflow and back siphonage. For purposes of these rules, this means a high
				  hazard preventer such as a reduced-pressure-principle blackflow preventer
				  meeting the requirements of American Society of Sanitary Engineering ASSE
				  Standard 1013 2009, as amended, and approved for use in potable water systems
				  possibly subjected to backsiphonage or high backpressure. An air-gap designed
				  to ASME Standard A112.1.2 is an acceptable high-hazard backflow preventer. No
				  direct mechanical connection shall be made between the chlorinating equipment
				  or system of piping for the PIWF and a sanitary sewer system, septic system, or
				  other wastewater disposal system.
(c) Hose bibs. Hose bibs shall be protected
				  with a vacuum beaker.
(d) Backwash
				  water. Filter backwash water or drainage water from a PIWF shall be discharged
				  or disposed of as wastewater in accordance with the requirements of the Texas
				  Commission on Environmental Quality or local regulatory authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.305 - Circulation and Disinfectant Systems for Public Interactive Water Features and Fountains

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  circulation requirements. The circulation system consisting of pumps, piping,
				  filters, return inlets, water conditioning equipment, disinfection equipment,
				  surge chamber, treatment tank and other ancillary equipment shall provide
				  adequate circulation of water and be designed to accommodate 100% of the
				  turnover flow rate and maintain the distribution of disinfectant through all
				  parts of the public interactive water feature or fountain (PIWF).
(b) Circulation equipment. Where circulation
				  equipment falls within the scope of NSF and ANSI Standard 50 (NSF/ANSI-50
				  Standard), such equipment shall meet the standard. Conformity with NSF/ANSI-50
				  as evidenced by the listing or labeling of such equipment by a testing
				  laboratory or by separate documentation is required.
(c) Turnover rate. The turnover rate for the
				  circulation of water in a PIWF that is combined or circulated with water from a
				  pool shall be the same as the pool. The turnover rate for circulation of water
				  in a stand-alone PIWF shall meet the following requirements.
(1) If the PIWF was constructed prior to May
				  1, 2010, the turnover rate shall meet the minimum design turnover rate for that
				  PIWF.
(2) If the PIWF is
				  constructed or extensively remodeled on or after May 1, 2010 the minimum
				  turnover rate shall be at least once every hour.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.306 - Water Quality at Public Interactive Water Features and Fountains

Current through Reg. 49, No. 28; July 12, 2024
(a) Public
				  interactive water features and fountains (PIWF) constructed prior to May 1,
				  2010, shall be equipped with equipment capable of maintaining chemical levels
				  as required in subsection (c) of this section, referring to disinfection and
				  cyanuric acid levels, and subsection (d) of this section, referring to pH, at
				  all times the PIWF is open.
(b)
				  PIWFs constructed or extensively remodeled on or after May 1, 2010, shall be
				  equipped with automatic disinfectant and pH feed equipment that provides
				  continuous and effective disinfection and maintains the required pH at all
				  times the PIWF is open. Disinfection, pH, and any other chemical control
				  equipment shall:
(1) be capable of
				  automatically adjusting chemical feed based on demand;
(2) be installed, maintained, operated, and
				  repaired in accordance with manufacturer's instructions;
(3) be provided with make-up water supply
				  lines to chemical feeder solution containers that have an air gap or other
				  acceptable cross-connection control;
(4) be designed to prevent siphoning from the
				  recirculation system to the solution container and to prevent siphoning of the
				  chemical solution into the PIWF; and
(5) incorporate failure-proof features so
				  that the chemical cannot feed into the PIWF, the piping system, or the water
				  supply system if equipment or power fails, or if there is not adequate return
				  flow to properly disperse the chemical.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.307 - Inspections and Permitting of Public Interactive Water Features and Fountains

Current through Reg. 49, No. 28; July 12, 2024
(a) A county,
				  municipality, or the department may:
(1)
				  require that the owner or operator of a public interactive water feature or
				  fountain (PIWF) obtain a permit for operation of the water feature or
				  fountain;
(2) inspect a PIWF for
				  compliance with this subchapter; and
(3) require that the PIWF is tested for
Cryptosporidium
when the illness Cryptosporidiosis is
				  diagnosed in an individual that has used that PIWF.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.308 - Closure of a Public Interactive Water Feature and Fountain

Current through Reg. 49, No. 28; July 12, 2024
(a) A county, a municipality, or the
				  department may by order close, for the period specified in the order, a public
				  interactive water feature or fountain (PIWF), if:
(1) the operation of the PIWF violates this
				  subchapter;
(2) the operation of
				  the PIWF violates a permitting or inspection requirement imposed under the Act,
				  this subchapter, or as authorized by the Act or this subchapter; or
(3) the water in the PIWF tests positive for
				  the presence of
Cryptosporidium.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter N - CAMPUS PROGRAMS FOR MINORS › Section 265.401 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
Scope and purpose of rules. The purpose of this subchapter
					 is to establish requirements relating to sexual abuse and child molestation
					 training and examination for employees of certain programs for minors operated
					 by or held on the campus of an institution of higher education or a private or
					 independent institution of higher education, and to provide penalties. This
					 subchapter implements Texas Education Code, Chapter 51, Subchapter Z,
					 §51.976, Training and Examination Program for Employees of Campus Programs
					 for Minors on Warning Signs of Sexual Abuse and Child
					 Molestation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter N - CAMPUS PROGRAMS FOR MINORS › Section 265.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms shall have the following
					 meaning when used in this subchapter, unless the context indicates
					 otherwise.
(1) Act--Texas Education
				  Code, Chapter 51, Subchapter Z, §51.976, Training And Examination Program
				  For Employees of Campus Programs For Minors on Warning Signs Of Sexual Abuse
				  and Child Molestation.
(2)
				  Camper--A minor, under the age of 18 years, who is attending a campus program
				  for minors.
(3) Campus program for
				  minors--A program that:
(A) is operated by or
				  on the campus of an institution of higher education or a private or independent
				  institution of higher education;
(B) offers recreational, athletic, religious,
				  or educational activities for at least 20 campers who:
(i) are not enrolled at the
				  institution;
(ii) attend or
				  temporarily reside at the camp for all or part of at least four days;
				  and
(C) is not a day
				  camp or youth camp as defined by Texas Health and Safety Code, §
											141.002, or a
				  facility or program required to be licensed by the Department of Family and
				  Protective Services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter N - CAMPUS PROGRAMS FOR MINORS › Section 265.403 - Program Operators

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  operator may not employ an individual in a position involving contact with
				  campers at a campus program for minors unless:
(1) the individual submits to the program
				  operator or the campus program for minors has on file documentation verifying
				  that within the preceding two years of the beginning date of employment, the
				  individual successfully completed the required training and examination program
				  on sexual abuse and child molestation; or
(2) the individual successfully completes
				  during the individual's first five days of employment the required training and
				  examination program on sexual abuse and child molestation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter N - CAMPUS PROGRAMS FOR MINORS › Section 265.404 - Training and Examination Program on Sexual Abuse and Child Molestation

Current through Reg. 49, No. 28; July 12, 2024
(a) A training and
				  examination program on sexual abuse and child molestation must be approved by
				  the department prior to being offered and shall at a minimum include training
				  and an examination on:
(1) the definitions
				  and effects of sexual abuse and child molestation;
(2) the typical patterns of behavior and
				  methods of operation of child molesters and sex offenders that put children at
				  risk;
(3) the warning signs and
				  symptoms associated with sexual abuse or child molestation, recognition of the
				  signs and symptoms, and the recommended methods of reporting suspected
				  abuse;
(4) the recommended rules
				  and procedures to implement to address, reduce, prevent, and report suspected
				  sexual abuse or child molestation;
(5) the need to minimize one-on-one isolated
				  encounters between an adult and a minor; and
(6) the risk of sexual activity between
				  campers, steps to prevent sexual activity between campers, and how to respond
				  if sexual activity between campers occurs.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter N - CAMPUS PROGRAMS FOR MINORS › Section 265.405 - Civil Penalty; Injunction

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may investigate a person the department suspects of violating the
				  Act, a rule, or an order adopted under the Act.
(b) A person violating the Act, a rule, or an
				  order adopted under the Act is subject to a civil penalty of not less than $50
				  or more than $1,000 for each act of violation.
(c) If it appears that a person has violated,
				  is violating, or is threatening to violate the Act or a rule or order adopted
				  under the Act, the department may bring a civil action in a district court for
				  injunctive relief, a civil penalty, or both.
(d) The district court, upon finding that the
				  person is violating the Act, a rule, or an order adopted under the Act, shall
				  grant injunctive relief, assess a civil penalty, or both, as warranted by the
				  facts.
(e) The department may
				  petition a district court for a temporary restraining order to immediately halt
				  a violation or other action creating an emergency condition if it appears that
				  a person is:
(1) violating or threatening to
				  violate the Act, a rule, or an order adopted under the Act; or
(2) taking any other action that creates an
				  emergency condition that constitutes an imminent danger to the health, safety,
				  or welfare of campers at a campus program for minors.