Texas Register Table of Contents
Texas Department of State Health Services
Proposed Rules Re:
Repealing 25 TAC §§265.181 – 265.211, removing outdated language regarding public swimming pools and spas.
CHAPTER 265. GENERAL SANITATION
SUBCHAPTER L. PUBLIC SWIMMING POOLS AND SPAS
25 TAC §§265.181 – 265.211
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes the repeal of §§265.181 – 265.211.
BACKGROUND AND PURPOSE
The purpose of the proposal is to comply with House Bill (H.B.) 2205, 87th Legislature, Regular Session, 2021, which amended Texas Health and Safety Code, Chapter 341, by requiring the adoption by reference of a version of the International Swimming Pool and Spa Code (ISPSC), as defined by Texas Local Government Code, §214.103, that is not older than the version in effect on May 1, 2019, regarding all construction, alteration, renovation, enlargement, and repair of commercial swimming pools and spas.
H.B. 2205 does not require DSHS to adopt Chapter 1, Scope and Administration, of the ISPSC. H.B. 2205 does not affect requirements for pool yard enclosures imposed under Texas Health and Safety Code, Chapter 757. Texas Health and Safety Code, §341.0645(c)-(d) are added to comply with H.B. 2205.
H.B. 2205 authorizes the Executive Commissioner to authorize by rule a minor addition, alteration, renovation, or repair to an existing pool or spa and related mechanical, electrical, and plumbing systems in the same manner and arrangement as the Executive Commissioner authorized the construction of the pool or spa and related mechanical, electrical, and plumbing systems. H.B. 2205 provides that a person may use, maintain, and repair a pool or spa that was in compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and plumbing systems in accordance with the laws applicable to the pool or system on that date.
H.B. 2205, notwithstanding the above provisions, does not affect the authority of the Executive Commissioner to adopt rules regarding pool operation and management, water quality, safety standards unrelated to design and construction, signage, and enclosures.
H.B. 2205 also amended Texas Local Government Code, §214.103, to allow a municipality to adopt a more recent version of the ISPSC to apply in the municipality, to the extent a provision of a code adopted by a municipality conflicts with a law of this state or a regulation on pool operation and management, water quality, safety standards unrelated to design and construction, signage, or enclosures the law or regulation controls.
SECTION-BY-SECTION SUMMARY
Proposed repeal of §§265.181 – 265.211 removes outdated language and incorporates updated language in the new rules.
New TAC §§265.181 – 265.198, concerning new specifications and safety requirements for public swimming pools and spas.
CHAPTER 265. GENERAL SANITATION
SUBCHAPTER L. PUBLIC SWIMMING POOLS AND SPAS
§§265.181 – 265.198
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§265.181 – 265.198, concerning Public Swimming Pools and Spas.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to comply with House Bill (H.B.) 2205, 87th Legislature, Regular Session, 2021, which amended Texas Health and Safety Code, Chapter 341, by requiring the adoption by reference of a version of the International Swimming Pool and Spa Code (ISPSC), as defined by Texas Local Government Code, §214.103, that is not older than the version in effect on May 1, 2019, regarding all construction, alteration, renovation, enlargement, and repair of commercial swimming pools and spas.
H.B. 2205 does not require DSHS to adopt Chapter 1, Scope and Administration, of the ISPSC. H.B. 2205 does not affect requirements for pool yard enclosures imposed under Texas Health and Safety Code, Chapter 757. Texas Health and Safety Code, §341.0645(c)-(d) are added to comply with H.B. 2205.
H.B. 2205 authorizes the Executive Commissioner to authorize by rule a minor addition, alteration, renovation, or repair to an existing pool or spa and related mechanical, electrical, and plumbing systems in the same manner and arrangement as the Executive Commissioner authorized the construction of the pool or spa and related mechanical, electrical, and plumbing systems. H.B. 2205 provides that a person may use, maintain, and repair a pool or spa that was in compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and plumbing systems in accordance with the laws applicable to the pool or system on that date.
H.B. 2205, notwithstanding the above provisions, does not affect the authority of the Executive Commissioner to adopt rules regarding pool operation and management, water quality, safety standards unrelated to design and construction, signage, and enclosures.
H.B. 2205 also amended Texas Local Government Code, §214.103, to allow a municipality to adopt a more recent version of the ISPSC to apply in the municipality, to the extent a provision of a code adopted by a municipality conflicts with a law of this state or a regulation on pool operation and management, water quality, safety standards unrelated to design and construction, signage, or enclosures the law or regulation controls.
SECTION-BY-SECTION SUMMARY
- Proposed new §265.181 establishes scope and purpose and application of the proposed new rules and includes language adopting the 2021 ISPSC.
- Proposed new §265.182 defines the terms used throughout this subchapter.
- Proposed new §265.183 contains the instructions for plan submittal and includes the authority of the Executive Commissioner to authorize a minor addition, alteration, renovation, or repair to an existing pool or spa and related mechanical, electrical, and plumbing systems.
- Proposed new §265.184 contains the safety requirements for slides and other aquatic play features such as climbing walls and floating amusement islands. Provisions of the requirement that play features or slides comply with the Texas Occupations Code that meet the definition of an amusement ride are described in this new section.
- Proposed new §265.185 provides safety measures and closure instructions for a pool or spa if any submerged suction outlet cover is missing, broken or loose.
- Proposed new §265.186 requires the pool or spa and structures in the pool or spa yard to be installed, maintained, repaired, replaced in accordance with the Texas Electrical Safety and Licensing Act, Texas Occupations Code and related rules.
- Proposed new §265.187 establishes the water provisions for the water supply at pools and spas. It includes provisions that will allow the use of water from wells not regulated by the Texas Commission on Environmental Quality (TCEQ) and establishes requirements for testing and monitoring the water from these wells. Allowing the use of water from a non-TCEQ regulated water well is necessary for pools and spas that are located in remote areas of the state.
- Proposed new §265.188 establishes requirements for proper disposal of wastewater from pools and spas.
- Proposed new §265.189 establishes requirements for the supplemental and secondary water treatment pool and spa water treatment systems and the prohibition of the use of chlorine gas in new pool and spa construction. The rule contains provisions for the training of personnel for the operation of the disinfectant agent and any other potentially hazardous chemicals. The rule also includes the labeling of chemicals and the proper storage of the chemicals.
- Proposed new §265.190 establishes general safety features for pools and spas, including safety signs, rope and float lines, depth demarcation tile lines, emergency summoning devices, and rescue equipment.
- Proposed new §265.191 establishes requirements for lifeguard staffing, training, and continuing education.
- Proposed new §265.192 contains the requirements for pool and spa enclosures.
- Proposed new §265.193 contains the requirements for water quality in pools and spas.
- Proposed new §265.194 establishes the requirements for the operation and management of pools and spas.
- Proposed new §265.195 contains the safety requirements for aquatic activity devices and specific types of pools and spas.
- Proposed new §265.196 provides the application requirements for an alternate method of disinfectant.
- Proposed new §265.197 describes compliance, inspections, and investigations at pools and spas that is completed by DSHS or local regulatory authorities.
- Proposed new §265.198 establishes the enforcement of the rules by DSHS or local regulatory authorities.
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 47 Tex Reg 4175.
Texas Health and Human Services Commission
In Addition Re:
Public Notice: Inclusion of American Rescue Plan Act of 2021 into CHIP State Plan
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment 22-0003 to the Texas State Plan for the Children’s Health Insurance Program (CHIP), under Title XXI of the Social Security Act.
BACKGROUND AND JUSTIFICATION
The purpose of this amendment is to update the CHIP State Plan to indicate compliance with the American Rescue Plan Act (ARPA) of 2021 provisions that require states to cover treatment (including treatment of a condition that may seriously complicate COVID-19 treatment), testing, and vaccinations for COVID-19 without cost-sharing in CHIP, effective March 11, 2021, through the last day of the first calendar quarter that begins one year after the last day of the COVID-19 emergency period.
Public Notice – Revised June 10, 2022 Public Notice for the Home and Community Based Services (CMS) Program
OVERVIEW
This revised Public Notice of Intent (PNI) replaces the PNI that was issued on June 10, 2022. The revisions are in bold type or otherwise noted.
BACKGROUND AND JUSTIFICATION
The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Home and Community based Services (HCS) Program. HHSC administers the HCS Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the HCS waiver application through August 31, 2023. The new proposed effective date for this amendment is December 1, 2022.
Public Notice – Revised Public Notice for the Texas Home Living Program (TxHmL)
OVERVIEW
This revised Public Notice of Intent (PNI) replaces the PNI that was issued on June 10, 2022. The revisions are in bold type or otherwise noted.
BACKGROUND AND JUSTIFICATION
The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Texas Home Living Program. HHSC administers the TxHmL Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the TxHmL waiver application through February 28, 2027.