SECTION 265.190. Safety Features for Pools and Spas

(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) provided between 1 and 2 feet on the shallow water side of the 5-foot depth and floats must be spaced at not greater than 7-foot intervals and secured so they will not slide or bunch up, and the stretched rope and float line must be a size to provide a good handhold and strong enough to support loads normally imposed by users; and

(B) be securely fastened to wall or deck anchors made of corrosion-resisting materials of the type that is recessed or removable and must have no projection that will constitute a hazard when the line is removed.

(2) Class B pools that are over 5-feet deep must have:

(A) a 4-inch minimum width row of floor tile or other permanent method using a color contrasting with the bottom of the pool at the transition point of the pool floor from the shallow area to the deep area of the pool;

(B) a rope and float line between 1 and 2 feet on the shallow water side of the 5-foot depth and floats must be spaced at not greater than 7-foot intervals and secured so they will not slide or bunch up; and

(i) the stretched rope and float line must be a size to provide a good handhold and strong enough to support loads normally imposed by users; and

(ii) the rope and float may be removed when the pool is used for lap swimming or for competitive events; and

(C) rope and float lines securely fastened to wall or deck anchors made of corrosion-resisting materials of the type that is recessed or removable and must have no projection that will constitute a hazard when the line is removed.

(3) Class C pools that are over 5-feet deep must have a 4-inch minimum width row of floor tile or other permanent method using a color contrasting with the bottom of the pool at the transition point of the pool floor from the shallow area to the deep area of the pool.

(A) A rope and float line may also be used in addition to the transition line and must be provided between 1 and 2 feet on the shallow water side of the 5-foot depth. The floats must be spaced at not greater than 7-foot intervals and secured so they will not slide or bunch up. The stretched rope and float line must be a size to offer a good handhold and strong enough to support loads normally imposed by users.

(B) Rope and float lines must be securely fastened to wall or deck anchors made of corrosion-resisting materials of the type that is recessed or removable and must have no projection that will constitute a hazard when the line is removed.

(4) Wave pools, surf pools, and waterslide landing pools are not required to provide a safety rope on the shallow side of the change in floor slope.

(b) Depth markers. Depth markers in pools and spas constructed or renovated after the effective date of the rules of this subchapter or that are being replaced must be placed in the top 4-1/2 inches of the pool or spa wall just under the coping and be positioned to be read by a user while in the pool.

(c) Depth markers in spas. Spa depth markers must comply with the following:

(1) There must be no less than two depth markers for each spa, regardless of spa size and shape.

(2) Depth markers in spas must be permanent in nature with numbers and letters not less than 4 inches in height and must be clearly marked in a color contrasting to the background on which they are applied both on the deck and on the vertical wall of the spa.

(3) Depth markers in spas on the vertical wall must be positioned in the top 4-1/2 inches of the spa wall and be positioned to be read by a user while in the spa.

(4) Depth markers in spas must be spaced at not more than 25-foot intervals and must be uniformly located around the perimeter of the spa.

(5) Deck depth markers for spas must be positioned to be read while standing on the deck and must be slip-resistant.

(6) Depth markers for spas must have units of measurement that either spell out "feet" or "inches" or abbreviate "FT," "IN," or fractions of a foot.

(d) Deck "NO DIVING" marker and symbol. Where no diving markers and symbols are required in pools, the markers and symbols must comply with the requirements in the International Swimming Pool and Spa Code (ISPSC) and with the following:

(1) The no diving marker and symbol may not be less than 4 inches in height. The no diving symbol must consist of a diver's profile in a circle with a 45-degree slash through the diver.

(2) The color of the letters and symbol must contrast with the background on which they are applied, and the color must be permanent in nature.

(3) The no diving markers and symbols on the deck must be slip resistant.

(4) The no diving marker and symbol on the deck must be within 18 inches of the water's edge and positioned to be read while standing on the deck facing the water.

(5) If a permanent structure above the pool deck is within 5 feet of the water's surface, the 4-inch no diving marker and symbol must be affixed to the structure so that the warning is visible to persons who may attempt to use the structure for diving. The no diving symbol and warning are not required on diving boards or diving platforms, ADA-compliant chair lifts, slide flumes, lifeguard stands, or bridges over the water.

(6) The no diving marker and symbol is not required on the interior tile line of a pool or in a spa.

(e) Starting platforms. Starting platforms must be used during official competition only or when there is direct supervision by the team coach, a qualified instructor, or a lifeguard. Starting platforms must be removed or secured to prevent inadvertent use when the starting platforms are not directly supervised.

(f) Safety signage. In addition to safety signs required in the ISPSC, the additional safety and operational signs are required for pools as follows.

(1) Signs must be in the pool yard, securely mounted as applicable, and readily visible to the pool user and must be posted within the pool yard unless otherwise stated within this subchapter.

(2) Sign panels must be durable for the weather conditions and the message surface must be clean and smooth and readily accept paint or precut lettering adhesives.

(3) Theming or artwork applied to signs must not invade the message panel and signs must have a distinct border.

(4) Multiple signs may be used or messages may be combined on one sign.

(5) Safety signs for pools constructed on or after the effective date of this subchapter or safety signs that are replaced at pools constructed before the effective date of this subchapter must be in compliance with Figure: 25 TAC §265.190(f)(5).

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(6) In areas of Texas where the majority of residents are non-English speaking, in addition to signs in English, signs and other written warnings or information required by the rules in this subchapter may be posted in the predominant language.

(7) Variations of the language of the required safety signs in Figure: 25 TAC §265.190(f)(5) are allowed if the language of the safety signs is substantially equivalent to the language in Figure: 25 TAC §265.190(f)(5) and if local regulatory officials that regulate swimming pools and spas approve the variations before the sign is posted in the pool yard.

(g) Rescue equipment. A pool must have at least one ring buoy with throwing rope and a reaching pole for every 2000 square feet of pool surface area up to 6000 square feet. If the pool has over 6000 square feet of surface area an additional ring buoy, throw rope, and reaching pole must be provided for each additional 4000 square feet of surface area or fraction thereof. The reaching poles and ring buoys with rope must be visible and readily accessible from all areas of the pool yard.

(1) The reaching pole must be light, strong, non-telescoping, and at least 12 feet long. The pole must be constructed of fiberglass or other material that does not conduct electricity and must have a body hook or shepherd's crook with blunted ends attached.

(2) The throwing rope must be 1/4-inch to 3/8-inch in diameter, with a length at least two-thirds the maximum width of the pool. A USCG-approved ring buoy, maximum 24-inches in diameter, must be attached to the throwing rope.

(h) Certain safety requirements for spas.

(1) Signs for spas constructed on or after the effective date of this subchapter or safety signs that are replaced at spas constructed before the effective date of this subchapter must be securely mounted and readily visible to spa users and must be inside the spa enclosure as required in Figure: 25 TAC §265.190(h)(4), Required Spa Signs.

(2) Safety signs can be combined on one sign or posted individually.

(3) Variations of the language of the required safety signs in Figure: 25 TAC §265.190(h)(4) are allowed if the language of the safety signs is substantially equivalent to the language in Figure: 25 TAC §265.190(h)(4) and if local regulatory officials that regulate swimming pools and spas approve the variations before the sign is posted in the pool yard or spa yard.

(4) Safety signs for spas constructed on or after the effective date of this subchapter, or safety signs that are replaced at pools constructed prior to the effective date of this subchapter, must be in compliance with Figure: 25 TAC §265.190(h)(4).

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(i) Emergency summoning device. A pool or spa must have a minimum of one emergency telephone, emergency monitoring contact device, or alternative communication system that is capable of immediately summoning emergency services and that is readily accessible, within 200 feet of the water, and is functioning at all times the pool or spa is open for use. Where a pool or spa has a seasonal operation schedule, the emergency summoning device must be functioning 24 hours a day during the entire season the pool or spa will be in use. Clear operating instructions for the emergency summoning device must be provided.

(1) A fixed-location telephone, emergency monitoring device, or alternative communication system must be visible, have no obstruction to access, and have some method of identification that enables the telephone or other device or system to be easily identified by users.

(2) A telephone or emergency monitoring device must not be answered by an on-site office. An alternative communication system must not be answered by an on-site office unless the alternative communication system complies with paragraph (5) of this subsection.

(3) A telephone must be capable of making calls to 911 dispatch or to an emergency service.

(4) An emergency monitoring contact device, when activated, must directly connect to a 24-hour monitoring service, or directly to 911 dispatch or to emergency medical services.

(5) An alternative communication system that contacts an on-site office may be used if the pool or spa is in a remote area with limited or delayed emergency medical services response times and there are employees on-site that are trained and certified or licensed to perform emergency medical intervention when the pool or spa is open for use.

(6) A cell phone that is dedicated for use at the pool or spa that is mounted in the pool yard or spa yard for public use and labeled as the emergency phone may be used if the cell phone is activated by a service provider, is provided with a permanent power supply, and is capable of reaching the emergency service provider or 911 emergency services.

(7) A sign must be posted above the emergency summoning device whether it is a phone, emergency monitoring device, or alternative communication device with the precise location of the pool or spa, such as an address, building number, GPS location, or other location identifying information in letters a minimum of 1-inch in height.

(j) Lighting at pools and spas. Lighting at pools and spas that operate before sunrise and after sunset must be provided a minimum 30 minutes before sunrise and a minimum of 30 minutes after sunset or while the pool or spa is open.

Source Note: The provisions of this §265.190 adopted to be effective January 1, 2023, 47 TexReg 8668