SECTION 265.151. General Provisions

(a) Scope and purpose. This subchapter addresses minimum standards for the design and construction of artificial swimming lagoons. The rules in this subchapter establish minimum operating standards for artificial swimming lagoons to ensure proper filtration, chemical balance, and maintenance of the water for the safety of users, and to reduce to a practical minimum the possibility of drowning or injury to users. This subchapter implements Texas Health and Safety Code, §341.064(g) authorized by Texas Health and Safety Code, §341.002, and the rules are considered good public health engineering practices.

(b) Application of the rules. This subchapter applies to all artificial swimming lagoons, regardless of the date of construction, unless otherwise specified.

(c) Date of construction. The date of construction of the artificial swimming lagoon is the date that a building permit for construction is issued or, if no building permit is required, the date that excavation or electrical service begins, whichever is earlier, in which case the artificial swimming lagoon owner or operator must produce adequate written documentation of that fact.

(d) Local regulatory authority. A local regulatory authority that has jurisdiction for the regulation of the artificial swimming lagoon may adopt standards equivalent to or more stringent than this subchapter, with the exception of a department-approved alternate method of disinfectant, that are in accordance with good public health engineering and safety practices.

(e) Effective date. The effective date of this subchapter is March 1, 2020.

Source Note: The provisions of this §265.151 adopted to be effective March 1, 2020, 45 TexReg 1024