Please be advised that the Texas Department of State Health Services has repealed the previous rules for public swimming pools and spas. These new pool rules take portions from 25 Texas Administrative Code (TAC), Chapter 337, Water Hygiene, Subchapter B, Design Standards for Public Swimming Pool Construction, adopted in 1965 and from 25 TAC, Chapter 265, General Sanitation, Subchapter L, Standards for Public Pools and Spas, adopted in 1999. Both the 1965 rule and the 1999 rule were repealed, effective September 1, 2004.
The new rules, 25 TAC, Chapter 265, Subchapter L, Standards for Swimming Pools and Spas went into effect on September 1, 2004 (except Section 265.190, which had an effective date of January 1, 2005). The complete set of rules can be found at http://www.dshs.state.tx.us/poolspa/rules.shtm
The City of Baytown is required to enforce these new rules. We realize that some facilities will need to undergo some changes to comply with these “new” State rules. We understand that there may be some challenges for some facilities to comply with these rules but please keep in mind that our mission is to protect public health and provide a safe pool environment. Therefore, we are requiring all facilities be in compliance by 2006. Failure to do so may prevent your pool permit renewal for 2006.
The new rules include some changes, the most significant of which can be found in Section 265.190, Suction Outlets and Return Inlets. Since there are more than four pages that address this section alone there is insufficient space to cover it in this letter. However, you should be aware that it covers both Post-10/01/99 and Pre-10/01/99 Pools and Spas, requires closure if the suction outlet is defective, and requires approved suction outlet covers. It is your responsibility to ensure compliance with this section.
Another section that includes some changes is found in Section 265.199, Specific Safety Features. Again, there is insufficient space to cover this section; there are more than seven pages that cover it. It is your responsibility to ensure compliance with this entire section. Included is a part of section 265.199 that covers telephones:
Telephones at post-10/01/99 and pre-10/01/99 pools and spas. Post-10/01/99 and pre-10/01/99 pools and spas shall have a telephone that is capable of immediately summoning emergency service and that is readily accessible within 200 feet from the pool or spa water. Any other electronic means of summoning emergency service will qualify as a telephone if clear instructions for its use are provided by signage. A telephone that is answered by an on-site office does not meet the requirements of this subsection. The following shall apply to telephones for post-10/01/99 and pre-10/01/99 pools and spas:
(1) The telephone may be located inside or outside of the pool yard or spa yard if the enclosure entry gates and doors of the pool yard or spa yard are never locked in any manner, or the gate or fence is not more than 4 feet 4 inches tall.
(2) The telephone shall be located inside or outside of the pool yard if the pool is a Class A or B pool.
(3) The telephone must be located outside of all other pool yards or spa yards if all of the following occur:
(A) The entry gate(s) or door(s) are locked on either side of the gate or door.
(B) The enclosure entry gates and doors and the enclosure fences and walls are all higher than 4 feet 4 inches.
(C) The pool or spa is operated in conjunction with:
(i) lodging such as hotels, motels, apartments, condominiums, or mobile homes parks;
(ii) a property owners association, private organization, or club;
(iii) a school, college, or university while being operated for academic or continuing education classes, or
(iv) practice event (excluding competition events in accordance with subparagraph (A) of this paragraph).
(4) Each entry gate and door of a pool yard or spa yard that is locked must have a sign on the exterior of the gate or door or on the exterior of the enclosure fence or wall immediately adjacent to the gate or door, stating the location of the telephone outside of the enclosure and complying with the content and letter size of paragraph (5) of this subsection if:
(A) the telephone is located outside the pool yard of a Class A or B pool; or
(B) the telephone is required to be located outside the pool yard or spa yard under paragraph (3) of this subsection.
(5) Regardless of where the telephone is located or whether the gate(s) or door(s) are locked, a sign must be installed inside the pool yard or spa yard in plain view of the pool or spa and state in letters at least 1 inch high: “In case of emergency, call 911.” If the telephone is not readily visible from the pool or spa, the sign inside the pool yard or spa yard shall include a concise description of the location of the telephone.
In summary these new pool rules are State requirements, which the City is obligated to enforce. These State rules can be found at http://www.tdh.state.tx.us/beh/gs/pools.htm. We understand that there may be some challenges for some facilities to comply with these rules therefore we are requiring all facilities be in compliance by 2006. Failure to comply may prevent your pool permit renewal for 2006.