Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 265.
GENERAL SANITATION
Subchapter L. STANDARDS FOR PUBLIC POOLS AND SPAS
The Texas Department of Health (department) proposes the repeal of §§265.181
- 265.207 and new §§265.181 - 265.208, concerning the standards
for public swimming pools and spas. The repeal is necessitated by substantive
changes made to these rules.
Government Code, §2001.039, requires that each state agency review
and consider for re-adoption each rule adopted by that agency pursuant to
Government Code, Chapter 2001 (Administrative Procedure Act). The department
reviewed §§265.181 - 265.207, and has determined that the reasons
for adopting the sections continue to exist, in that rules on this subject
are still needed. The repeal of existing rules and proposed new rules accommodate
needed revisions as outlined in this preamble.
The department published a Notice of Intent to review for §§265.181
- 265.207 in the September 12, 2003, issue of the
Texas Register
(28 TexReg 8014). No comments were received following
publication of the notice.
In order to consolidate and simplify the rules, the proposed new §§265.181
- 265.208 incorporates requirements from 25 Texas Administrative Code (TAC),
Chapter 337, Water Hygiene, Subchapter B, "Design Standards for Public Swimming
Pool Construction". Sections 337.71 - 337.96 are being repealed in a companion
rulemaking action. Rules pertaining to the construction, operation, and sanitization
of a pool or spa in existence prior to October 1, 1999, and, that are not
specifically addressed in existing Chapter 265, are found in Chapter 337,
Subchapter B, "Design Standards for Public Swimming Pool Construction". Sections
265.181 - 265.207 proposed for repeal, encompass all requirements for public
pools and spas constructed on or after October 1, 1999, (post-10/01/99 pools
and spas) and limited requirements for pools and spas constructed prior to
October 1, 1999, (pre-10/01/99 pools and spas). After this rulemaking, all
pool and spa requirements will be included in the new proposed §§265.181
- 265.208.
New §§265.181 - 265.208 will more clearly define the differences
in requirements for pools and spas built on or after October 1, 1999, and
those requirements for pools and spas built prior to October 1, 1999. Definitions
have been updated to include language and terminology utilized within the
public pool and spa industry. Also, the proposed rules include current and
accepted minimum industry standards that have been tested, certified and adopted
by pool and spa owners and operators, and by construction and maintenance
companies. More sophisticated and highly efficient pool and spa equipment
now allows installation of specialized water recreational amenities in pools
built before and after October 1, 1999. The proposed new rules will include
provisions regulating, when applicable, the technologically sophisticated
water amenity upgrades at public pools and spas.
Further, existing §265.190, requires upgrades be made to suction systems
in all pools and spas constructed before October 1, 1999, and, that multiple
inspections by qualified individuals be made in order to determine the type
of upgrade needed. After careful review of existing §265.190, it was
determined that many pools and spas, constructed prior to October 1, 1999,
would be unable to meet the structural upgrade requirements. Additionally,
the cost involved in obtaining the required inspections and upgrades would
be prohibitive and, if made, the upgrades would not necessarily provide protection
against body entrapment, limb entrapment and hair entanglement. New §265.190
will eliminate the need for multiple inspections and offer pool owner/operators
multiple upgrade choices. These upgrade choices will not only provide protection
against entrapment and entanglement dangers, but also provide the owner/operator
less costly options.
The current rules for public pools and spas, §§265.181 - 265.207,
contain recommendations for the owner/operator that include both structural
and operational elements. In all cases these recommendations exceed the scope
of providing minimum construction, operation and maintenance standards. The
recommendations have been removed from the proposed new rules: however; because
they are believed to increase the levels of safety for pool and spa owner/operators
and users, the recommendations will be available on the General Sanitation
website.
Elias Briseno, Director, General Sanitation and Product Safety Division,
has determined that for each year of the first five years the sections are
in effect, there will be no fiscal impact on state or local government as
a result of enforcing or administering the sections as proposed because the
rules do not involve new program activities.
Mr. Briseno has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the rule will be increased protection for the public
from disease transmission, catastrophic injury and death in public pools and
spas. The proposal will not adversely affect small businesses or micro-businesses.
Administrating the sections as proposed could reduce personnel and equipment
costs, possibly result in a decrease in utility costs, and help reduce the
cost of formerly required upgrades. For example, elimination of a section
requiring some facilities to construct fences with expensive, special order
materials, should result in cost savings for micro-businesses, small businesses,
and larger businesses. There will be no impact on local employment.
Comments on the proposal may be submitted to Mr. Elias Briseno, Director,
General Sanitation and Product Safety Division, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, phone 512-834-6600, fax 512-834-6707,
or by email to katie.moore@tdh.state.tx.us. Comments will be accepted for
30 days following publication of this proposal in the
Texas Register
.
25 TAC §§265.181 - 265.207
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Health and Safety
Code, §§341.064 and 341.002, which provide the Texas Board of Health
(board) with the authority to adopt necessary rules to administer this chapter;
and the Health and Safety Code, §12.001, which provides the Texas Board
of Health (board) with the authority to adopt rules for the performance of
every duty imposed by law on the board, the department, and the commissioner
of health.
The repeals affect the Health and Safety Code, Chapters 12 and 341. The
review of the rules implements Government Code, §2001.039.
§265.181.General Provisions.
§265.182.Definitions.
§265.183.Plans, Permits and Instructions.
§265.184.General and Structural Design.
§265.185.Dimensional Design.
§265.186.Deck Entry/Exit, and Diving Facilities, and Other Deck Equipment.
§265.187.Circulation Systems.
§265.188.Filters.
§265.189.Pumps and Motors.
§265.190.Suction Outlets and Return Inlets.
§265.191.Surface Skimming and Perimeter Overflow (Gutter) Systems.
§265.192.Electrical Requirements.
§265.193.Heaters.
§265.194.Pool and Spa Water Supply.
§265.195.Facility Drinking Water Supply.
§265.196.Waste Water Disposal.
§265.197.Disinfectant Equipment and Chemical Feeders.
§265.198.Gas Chlorination.
§265.199.Specific Safety Features.
§265.200.Pool Yard Enclosures.
§265.201.Dressing and Sanitary Facilities.
§265.202.Food, Beverages, and Containers.
§265.203.Operation and Management.
§265.204.Water Quality.
§265.205.Spa Construction, Operation, and Maintenance.
§265.206.Compliance: Inspections and Investigations.
§265.207.Enforcement.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 22, 2004.
TRD-200402065
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 458-7236
25 TAC §§265.181 - 265.208
The new rules are proposed under Health and Safety Code, §§341.064
and 341.002, which provide the Texas Board of Health (board) with the authority
to adopt necessary rules to administer this chapter; and the Health and Safety
Code, §12.001, which provides the Texas Board of Health (board) with
the authority to adopt rules for the performance of every duty imposed by
law on the board, the department, and the commissioner of health.
The new rules affect the Health and Safety Code, Chapters 12 and 341. The
review of the rules implements Government Code, §2001.039.
§265.181.General Provisions.
(a)
Scope and purpose of rules. These rules address minimum
standards for design and construction of pools and spas. These rules also
establish minimum operating standards for pools and spas to assure proper
filtration, chemical, and general maintenance of water and safety to users.
These standards are based in part on the American National Standards Institute
and the National Spa and Pool Institute Standards for Public Swimming Pools
(ANSI/NSPI-1, 1991) and the American National Standards Institute and National
Spa and Pool Institute Standards for Public Spas (ANSI/NSPI-2, 1992). These
rules are in addition to any municipal or federal laws applicable to pools
and spas. These rules implement Texas Health and Safety Code, Title 5, Subtitle
A, §341.064(g), and are considered good public health engineering and
safety practices.
(b)
Application of rules.
(1)
A pool or spa constructed prior to October 1, 1999 will
be defined as "pre-10/01/99". A pool or spa constructed on or after October
1, 1999 will be defined as "post-10/01/99". A pool or spa is considered constructed
on the date that a building permit for construction of the pool or spa is
issued by a municipality or, if no building permit is required, the pool/spa
operator/owner must produce adequate written documentation of the date that
excavation or electrical service to the pool or spa begins, whichever is first.
(2)
A pool or spa serving only one or two dwellings (a single
family home or a duplex), regardless of whether the pool or spa is permanently
or temporarily installed in or above the ground, is exempt from these rules.
(3)
Each section of the rules states the extent to which the
rule applies to post-10/01/99 or pre-10/01/99 pools, spas, or facilities.
(4)
The standards for pools or spas that apply to pools or
spas constructed on or after October 1, 1999, are contained in these rules.
Except for rules that specifically apply to pre-10/01/99 pools and spas, the
standards for pool or spa design and construction are those standards that
were in existence at the time the pool or spa was initially constructed, including
then-applicable local, state and federal laws except as otherwise stated in
these rules. Owners of pre-10/01/99 pools and spas may follow the rules applicable
to post-10/01/99 pools and spas.
(5)
The standards for spa design, construction, and operation
that apply to post-10/01/99 and pre-10/01/99 spas are contained or referenced
in §265.205 of this title (relating to Construction, Operation, and Maintenance
of Post-10/01/99 and Pre-10/01/99 Spas).
(6)
The standards for pool or spa operation that apply to pre-10/01/99
pools or spas are the provisions that specifically state that they are applicable
to pre-10/01/99 pools or spas.
(7)
The standards contained in these rules may be met notwithstanding
minor variations in equipment, materials, or design if:
(A)
the variation provides the quality, strength and durability
equal to or greater than the standards contained in these rules; and
(B)
the operation, maintenance, safety, and sanitation of the
pool or spa are not adversely affected by the variation.
(8)
Where a local regulatory authority has jurisdiction for
the regulation of pools and spas, such authorities may, as statutorily allowed,
adopt standards that vary from these standards; however, such standards shall
be the same as, equivalent to, or more stringent than these standards and
shall be in accordance with good public health engineering and safety practices.
(c)
Stricter codes and standards. Whenever a pool or spa owner
is in compliance with a more recent code or standard that is stricter than
these rules, that standard shall be deemed as in compliance with these rules
on a particular subject.
(1)
Except as expressly provided in these rules, an owner whose
pool or spa was constructed in compliance with a standard applicable on the
date of construction is not required to modify construction to comply with
a subsequent construction standard for post-10/01/99 pools and spas.
(2)
Except as expressly provided in these rules, an owner whose
pool or spa equipment was in compliance with a standard applicable at the
time installation of equipment is not required to purchase and reinstall equipment
complying with a subsequent equipment standard for post-10/01/99 pools and
spas in these rules.
(3)
Post-10/01/99 and pre-10/01/99 facilities shall be required
to meet the operational standard that is most applicable to their use. For
example, if a pool is operated as a Class C pool but will be made available
for use by the general public, the pool shall meet Class B operational standards
for lifeguards, etc.; or if a pool is normally operated as a Class B pool
but, is used for a private party and is closed to the general public for the
duration of the party.
(4)
A post-10/01/99 facility shall be required to meet the
applicable construction standard that is most restrictive for its intended
use. For example, if a pool at a facility that is generally classified as
a Class C pool will be opened for use by the general public at any time, it
shall be constructed to meet Class B pool standards.
§265.182.Definitions.
The following words and terms when used in this chapter shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Above-ground pool or spa--A removable pool or spa of any
shape that is located on the surrounding earth or a pool or spa package located
in an excavation below the ground level that may be readily disassembled or
stored and reassembled.
(2)
Actual water level--The water level at any particular point
in time, which may vary with specific conditions such as rainfall or number
of users. (See definition (46) "Design water level" and (87) "Operating water
level range".)
(3)
Algae--Microscopic plant-like organisms that contain chlorophyll
and include green, blue-green or black brown, and yellow-green (mustard) algae.
(4)
Algaecide--A natural or synthetic substance used for killing,
destroying, or controlling algae.
(5)
Alkalinity--The amount of bicarbonate, carbonate or hydroxide
compounds present in water solution. (See definition (142) "Total alkalinity".)
(6)
Approved cover or approved drain cover--A suction outlet
drain cover that meets the requirements of §265.190(c)(1) of this title
(relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99
Pools and Spas).
(7)
Approved grate--A suction outlet grate that meets the requirements
of §265.190(c)(2) of this title.
(8)
ACI--American Concrete Institute, P. O. Box 9094, Farmington
Hills, Michigan 48333-9094, telephone (248) 848-3800.
(9)
ANSI--American National Standards Institute, 25 West 43rd
Street (4th Floor), New York, New York 10036, telephone (212) 642-4900.
(10)
ANSI/NSPI-1, 1991--American National Standards Institute
and National Spa and Pool Institute Standards for Public Swimming Pools adopted
in 1991.
(11)
ANSI/NSPI-2, 1992--American National Standards Institute
and National Spa and Pool Institute Standards for Public Spas adopted in 1992.
(12)
ARC--American Red Cross, 8111 Gatehouse Road, Falls Church,
Virginia 22042, telephone (703) 206-6000.
(13)
ASHRAE--American Society of Heating, Refrigeration and
Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, Georgia
30329-2305, telephone (800) 527-4723.
(14)
ASME--American Society of Mechanical Engineers, 22 Law
Drive, P.O. Box 2900, Fairfield, New Jersey 07007-2900, telephone (800) 843-2763.
(15)
ASTM--American Society of Testing Materials, 100 Barr
Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, telephone (610)
832-9500.
(16)
Available chlorine--Rating of chlorine containing products
for total oxidizing power. (See definition number (61) "Free available chlorine".)
(17)
AVS--An atmospheric vent system, as described in §296.190(d)(3)(A)
of this title for minimizing risk of entrapment.
(18)
Backwash--The process of cleansing the filter medium and/or
elements by the reverse flow of water through the filter.
(19)
Backflow prevention device--A device that is designed
to prevent a physical connection between a potable water system and a non-potable
source such as a pool or spa, or a physical connection between a pool or spa
and a sanitary sewer or wastewater disposal system. (See definition number
(40) "Cross-connection control device".)
(20)
Bacteria--Single-celled microorganisms of various forms,
some of which cause infections or disease.
(21)
Beginner's areas--Water areas that are 3 feet or less
in depth in a pool.
(22)
Bleeder valve--A device that allows air to be vented from
a closed system. (See definition number (153) "Valve".)
(23)
Bonded--The permanent joining of metallic parts to form
an electrically conductive path that will ensure electrical continuity and
the capacity to conduct safely any current likely to be imposed in order to
minimize the risk of electrocution. Examples of bonding are the installation
of a metal wire from a pool or spa pump to the rebar in the pool or spa wall,
or interconnecting all rebar in a pool or spa wall by metal wire prior to
pouring concrete in the wall.
(24)
Breakpoint--The practice of adding a sufficient amount
of chlorinating compound to water to destroy chlorine demand compounds and
any combined chlorine, which is present. Generally, the level of chlorine
added is 10 times the level of combined chlorine in the water. (See definition
number (131) "Super chlorination".)
(25)
Breakpoint chlorination--The addition of a sufficient
amount of chlorine to water to destroy the chlorine demand compounds and any
combined chlorine that is present. (See definition number (131) "Super chlorination".)
(26)
Broken stripe--A horizontal stripe that is at least 1
inch wide with uniform breaks in the stripe, with the breaks totaling not
more than 75% of the length of the stripe and stripe breaks.
(27)
Bromine--A chemical element (Br2) that exists as a liquid
in its elemental form or as part of a chemical compound that is a biocide
agent used to disinfect pool or spa water.
(28)
Chemical feeder--A mechanical device for applying chemicals
to pool or spa water.
(29)
Chloramine--A compound formed when chlorine combines with
nitrogen or ammonia that when found in significant amounts in a pool or spa,
may cause eye and skin irritation and may have an objectionable odor.
(30)
Chlorinator--A device to apply or to deliver a chlorine
disinfectant to water at a controlled rate.
(31)
Chlorine--A chemical element (Cl2) that exists as a gas
in its elemental form or as a part of chemical compound that is an oxidant
Chlorine is a biocide agent used to disinfect pool or spa water.
(32)
Chlorine demand compounds--Organic matter, chloramines,
and other such compounds that chlorine reacts with and that depletes chlorine.
(33)
Chlorine Institute--Chlorine Institute, 2001 L Street
North West, Suite 506, Washington, D.C. 20036-4919, telephone (202) 775-2790.
(34)
Circulation equipment--The mechanical components that
are a part of a circulation system on a pool or spa. Circulation equipment
may include but is not limited to, categories of pumps; hair and lint strainers;
filters; valves; gauges; meters; heaters; surface skimmers; inlet/outlet fittings;
and chemical feeding devices. The components have separate functions, but
when connected to each other by piping, perform as a coordinated system for
purposes of maintaining pool or spa water in a clear, sanitary, and desirable
condition for use.
(35)
Circulation system--An arrangement of mechanical equipment
or components, connected by piping to a pool or spa in a closed circuit. The
function of a circulation system is to direct water from the pool or spa,
causing it to flow through the various system components for purposes of clarifying,
heating, purifying, and returning the water back to the original body of water.
(36)
Combined chlorine--The portion of the total chlorine pre-10/01/99
in water in chemical combination with ammonia, nitrogen, and/or organic compounds,
mostly comprised of chloramines. Combined chlorine plus free chlorine equals
total chlorine.
(37)
Construction date--The date that a building permit for
construction of the pool or spa is issued by a municipality or, if no building
permit is required, written documentation of the date that excavation or electrical
service to the pool or spa begins, whichever is first.
(38)
Coping--The cap on the pool or spa wall that provides
a finishing edge around the pool or spa. The coping can be formed, cast in
place or pre-cast, or pre-fabricated from metal or plastic materials.
(39)
CPSC--United States Consumer Product Safety Commission,
Washington, D.C. 20207, telephone (800) 638-2772.
(40)
Cross-connection control device--A device that is designed
to prevent a physical connection between a potable water system and a non-potable
source such as a pool or spa, or a physical connection between a pool or spa
and a sanitary sewer or wastewater disposal system. (See definition number
(19) "Backflow prevention device".)
(41)
Cyanuric acid--A chemical that helps reduce the excess
loss of chlorine in water due to the ultraviolet rays of the sun.
(42)
Decks--Areas immediately adjacent to or attached to a
pool or spa that are specifically constructed or installed for sitting, standing,
or walking.
(43)
Deep areas--Water levels in pools that are over 5 feet
deep.
(44)
Department--The Texas Department of Health, General Sanitation
Division, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 834-6635.
(45)
Depth (pool or spa depth)--The vertical distance measured
at 3 feet from the pool or spa wall from the bottom of the pool or spa to
the design water level.
(46)
Design water level--The design water level defined in
either of the following ways:
(A)
skimmer system--The design water level shall be at the
midpoint of the operating range of the skimmers; or
(B)
overflow system--The design waterline shall be at the top
of the overflow rim of the gutter system.
(47)
DPD--A chemical testing reagent (N,N-Diethyl-P-Phenylenediamine)
used to measure the levels of free chlorine or bromine in water by yielding
a series of colors ranging from light pink to dark red.
(48)
Disinfectant--Energy or chemicals used to kill undesirable
or pathogenic (disease causing) organisms, and having a measurable residual
at a level adequate to make the desired kill.
(49)
Disinfectant equipment--Equipment designed to apply or
deliver a disinfectant (such as chlorine or bromine) at a controlled rate.
(50)
Diving board--A recreational mechanism for entering a
pool, consisting of semi-rigid board that derives its elasticity through the
use of a fulcrum mounted below the board.
(51)
Diving equipment for competition--Competitive diving boards
and fulcrum-setting diving stands intended to provide adjustment for competitive
diving.
(52)
Dwelling or rental dwelling--One or more rooms rented
to one or more persons where a Class C or Class D pool or spa is located.
(53)
Effective filter area--Total surface area through which
designed flow rate will be maintained during filtration.
(54)
Effluent--The water that flows out of a filter, pump,
or other device.
(55)
Facility(ies)--The pool or spa, restrooms, dressing rooms,
equipment rooms, deck, enclosure, and other appurtenances directly serving
the pool or spa area.
(56)
Feet of head--A basis for indicating the resistance in
a hydraulic system, equivalent to the height of a column of water that would
cause the same resistance (100 feet of head equals 43 pounds per square inch).
The dynamic head is the sum of all resistances in a complete operating system.
(57)
Filter--A device that removes undissolved particles from
water by recirculating the water through a porous substance (filter media
or element).
(58)
Filter element--A device within a filter tank designed
to entrap solids and conduct water to a manifold, collection header, pipe,
or similar conduit and return it to the pool or spa. A filter element usually
consists of a septum and septum support, or a cartridge.
(59)
Filter media--A finely graded material (for example, sand,
diatomaceous earth, polyester fabric, and anthracite) that removes filterable
particles from the water.
(60)
Floor--The interior bottom surface of a pool or spa.
(61)
Free available chlorine--That portion of the total chlorine
remaining in chlorinated water that is not combined with ammonia or nitrogen
compounds and that will react chemically with undesirable or pathogenic organisms.
Combined chlorine plus free chlorine equals total chlorine.
(62)
Handhold--A ledge, coping, rope, railing, deck, or similar
construction along the immediate top edge of the pool that provides a slip-resistant
surface or grip.
(63)
Handrail--A railing that is intended to be gripped for
resting and/or steadying a person while entering or exiting a pool or spa
and that is typically part of a ladder, a set of steps, or deck-installed
equipment.
(64)
Hardness--The amount of calcium and magnesium dissolved
in water measured by a chemical test kit and expressed as parts per million
(ppm) of equivalent calcium carbonate.
(65)
Heat exchanger--A device with coils, tubes or plates that
absorbs heat from any fluid, liquid or air, and transfers that heat to another
fluid without intermixing the fluids.
(66)
Heat pump--A refrigeration compressor, usually electrically
driven, that is operated in reverse. To obtain heat, the evaporator side (cooling
coil) is exposed to warm water, air or ground. The evaporator coil absorbs
the heat from this source and transfers it to the condenser coil where it
discharges the heat to the pool or spa to be heated.
(67)
Hot tub--A spa constructed of wood with sides and bottoms
formed separately and joined together by pressure from surrounding hoops,
bands, or rods; distinct from spa units formed of plastic, concrete, metal,
or other materials.
(68)
IESNA--Illuminating Engineering Society of North America,
120 Wall Street, Floor 17, New York, New York 10005-4001, telephone (212)
248-5000.
(69)
Influent--The water entering a filter or other device.
(70)
Jump board--A recreational mechanism for entering a pool
that has a coil spring or comparable device located beneath the board which
is activated by the force exerted in jumping on the board.
(71)
Labeled--Equipment or material to which has been attached
a label, symbol, or other identifying mark of an organization that is acceptable
to the authority having jurisdiction and concerned with product evaluation
that maintains periodic inspection of production of labeled equipment or materials
and by whose labeling the manufacturer indicates compliance with appropriate
standards or performance in a specified manner.
(72)
Ladders -
(A)
Deck ladder--A ladder ascending from ground level outside
the pool or spa to the level of a deck.
(B)
In-pool or in-spa ladder--A ladder located in a pool or
spa to provide ingress and egress from the deck.
(73)
Listed--Equipment or materials included in a list published
by an organization acceptable to the authority having jurisdiction and concerned
with product evaluation, that maintains periodic inspection of production
of listed equipment or materials, and whose listing states either that the
equipment or material meets appropriate designated standards or has been tested
and found suitable for use in a specified manner.
(74)
Local regulatory authority--The local enforcement body
or authorized representative having jurisdiction over pools, spas, and associated
facilities.
(75)
May--An advisory statement or a good practice and is not
legally required.
(76)
MSHA--Mine Safety and Health Administration, 2002 Thayer
Center, Oakland, Maryland 21550, telephone (301) 334-3831.
(77)
Multi-port valve--A device that allows the multi-directional
control of the passage or flow of water through a system. (See definition
number (153) "Valve".)
(78)
NEC--National Electric Code, published by NFPA. (See definition
number (80) "NFPA".)
(79)
NEMA--National Electric Manufacturers Association, 1300
North 17th Street, Suite 1847, Rosslyn, Virginia 22209, telephone (703) 841-3200.
(80)
NFPA--National Fire Protection Association, 11 Tracy Drive,
Avon, Massachusetts 02322, telephone (800) 344-3555.
(81)
NOx--(also written nox) Nitrogen oxides or the sum of
the nitric oxide and nitrogen dioxide found in the flue gas or emission point
of a source.
(82)
NRPA--National Recreation and Park Association, 650 West
Higgins Road, Hoffman Estates, Illinois 60195-3402, telephone (847) 843-7529.
(83)
NSFI--NSF International, (National Sanitation Foundation
International), 789 North Dixboro Drive, Ann Arbor, Michigan 48115, telephone
(800) 673-6275.
(84)
NSPF--National Swimming Pool Foundation, 224 East Cheyenne
Mountain Boulevard, Colorado Springs, CO 80906, telephone (719) 540-9119.
(85)
NSPI--National Swimming Pool Institute, 2111 Eisenhower
Avenue, Alexandria, Virginia 22314, telephone (703) 838-0083.
(86)
Offset ledge--A horizontal shelf or ledge projecting toward
the interior of a pool from the vertical wall that provides a safe footing
for a pool user to stand on in deep areas of the pool.
(87)
Operating water level range--The operating water level
defined in one of the following ways:
(A)
skimmer system--Two inches above to 2 inches below the
midpoint of the operating range of the device, or manufacturer's maximum stated
operating range; or
(B)
overflow (gutter) system--The manufacturer's maximum stated
operating range above the design water level.
(88)
Organic matter--Perspiration, urine, fecal matter, saliva,
suntan oil, cosmetics, lotions, dead skin, and similar debris introduced to
water by users and the environment.
(89)
ORP--The potential level of oxidation-reduction produced
by strong oxidizing (sanitizing) agents in a water solution. Oxidation level
is measured in millivolts by an ORP meter.
(90)
OSHA--United States Department of Labor, Occupational
Safety and Health Administration, 200 Constitution Avenue N.W., Washington,
D.C. 20210, telephone (800) 321-6742.
(91)
Outlet--(See definition number (130) "Suction outlet".)
(92)
Overflow system--Overflows, surface skimmers, and surface
water collection systems of various design and manufacture for removal of
pool or spa surface water.
(93)
Owner/operator--Fee title holder of the property upon
which the pool or spa is located, and/or business manager, complex manager,
property owners, association manager, rental agent or other individual who
is in charge of the day to day operation or maintenance of the property. The
owner/operator is responsible to ensure that the pool or spa and associated
facilities comply with state and local pool or spa design, construction, operation,
and maintenance standards.
(94)
Parts per million (PPM)--A unit of measurement in chemical
testing that indicates the parts by weight in relation to one million parts
by weight of water. For the purposes of pool or spa water chemistry, ppm is
considered to be essentially identical to the term milligrams per liter (mg/L).
(95)
pH--A value expressing the relative acidic or basic tendencies
of a substance, such as water, as indicated by the hydrogen ion concentration.
The pH is expressed as a number on the scale of zero to 14, zero being most
acidic, 1 to 7 being acidic, 7 being neutral, 7 to 14 being basic and, 14
being most basic.
(96)
Plaster--A type of interior finish (a mixture of cement
and aggregate) that is applied to a concrete pool or spa and that is either
white or meets the observable "black disk" requirement in §265.184(f)
of this title (relating to General Construction and Design for Post-10/01/99
Pools and Spas) and §265.185(c) of this title (relating to General Construction
and Design for Pre-10/01/99 Pools and Spas).
(97)
Plummet--A line perpendicular to the water surface and
extending vertically to a point located at the front end of the diving board
and at the center line directly in front of the diving board.
(98)
Pool--Any man-made permanently installed or non-portable
structure, basin, chamber, or tank containing an artificial body of water
that is used for swimming, diving, aquatic sports, or other aquatic activity
other than a residential pool and that is operated by an owner, lessee, operator,
licensee or concessionaire, regardless of whether a fee is charged for use.
The pool may be either publicly or privately owned. The term does not include
a spa or a decorative fountain that is not used as a pool. References within
the standard to various types of pools are defined by the following categories.
(A)
Class A pool--Any pool used, with or without a fee, for
accredited competitive aquatic events such as Federation Internationale De
Natation Amateur (FINA), United States Swimming, United States Diving, National
Collegiate Athletic Association (NCAA), National Federation of State High
School Associations (NFSHSA), events. A Class A pool may also be used for
recreation.
(B)
Class B pool--Any pool used for public recreation and open
to the general public with or without a fee.
(C)
Class C pool--Any pool operated for and in conjunction
with
(i)
lodging such as hotels, motels, apartments, condominiums,
or mobile home parks,
(ii)
property owner associations, private organizations, or
clubs, or
(iii)
a school, college or university while being operated
for academic or continuing education classes. The use of such a pool would
be open to occupants, members or students, etc., and their guests but not
open to the general public.
(D)
Class D pool--A wading pool with a maximum water depth
of 24 inches at any point.
(99)
Pool yard or spa yard--An area that has a pool yard or
spa yard enclosure and that contains a pool or spa.
(100)
Pool yard or spa yard enclosure--A fence, wall, or combination
of fences, walls, gates, windows, or doors that completely surround a pool
or spa.
(101)
Post-10/01/99 pool or spa--A pool or spa built on or
after October 1, 1999, unless otherwise indicated. See §265.181(b) of
this title (relating to General Provisions).
(102)
Post-10/01/99 pool and/or spa construction--The activity
of building or installing a pool and/or spa structure, and its component parts,
where no such structure has previously existed or where previously pre-10/01/99
pool or spa structures have been removed.
(103)
Potable water--Water that is bacteriologically safe and
otherwise suitable for drinking and is regulated by the Texas Commission on
Environmental Quality or local regulatory authority as a drinking water system.
(104)
Pre-10/01/99 pool or spa--A pool or spa built before
October 1, 1999, unless otherwise indicated. See §265.181(b) of this
title (relating to General Provisions).
(105)
Precipitate--A solid material that is forced out of a
solution by some chemical reaction and that settles out or remains as a haze
in suspension (turbidity).
(106)
Pressure differential--The difference in pressure between
two parts of a hydraulic system, such as the influent and effluent of a filter.
(107)
PSI--Pounds per square inch.
(108)
Pump--A mechanical device, usually powered by an electric
motor that causes hydraulic flow and pressure for the purpose of filtration,
heating, and circulation of pool and spa water.
(109)
Push-pull valve--A device that allows the dual direction
control or flow of water through a system. (See definition number (153) "Valve.")
(110)
Rate of flow--The quantity of water flowing past a designated
point within a specified time, such as the number of gallons flowing in 1
minute (gallons per minute).
(111)
Regulatory authority--Any federal, state, or local enforcement
body or authorized representative having jurisdiction over pools, spas, and
associated facilities.
(112)
Residential pool or spa--A pool or spa that is located
on private property under the control of the property owner or the owner's
tenant and that is intended for use by not more than two resident families
and their guests. It includes a pool or spa serving only a single-family home
or a duplex.
(113)
Return inlet or inlet--The aperture or fitting through
which the water under positive pressure returns into a pool or spa.
(114)
Ring buoy--A ring-shaped floating buoy capable of supporting
a user.
(115)
Rope and float line--A continuous line that is not less
than 1/4 inch in diameter and that is supported by buoys and attached to opposite
sides or ends of a pool to separate the deep and shallow ends or mark exercise
or racing lanes.
(116)
Scale--The precipitate that forms on surfaces in contact
with water when the hardness, pH, or total alkalinity levels are too high.
(117)
Self-closing and self-latching device--A device that
causes a gate to automatically fully close and latch without human or electrical
power.
(118)
Separation tank--A tank used in conjunction with a filter
to facilitate the separation of filtrate material for disposal.
(119)
Service animal--A guide dog, signal dog, or other animal
trained to do work or perform tasks for the benefit of an individual with
a disability, including but not limited to, guiding individuals with impaired
vision, alerting individuals with impaired hearing to intruders or sounds,
or providing minimal protection or rescue work, such as pulling a wheelchair,
or fetching dropped items.
(120)
Shall--Mandatory provisions of these regulations.
(121)
Shallow areas--Pool water areas that are 5 feet deep
or less.
(122)
Shock treatment--The practice of adding significant amounts
of an oxidizing chemical to water to destroy ammonia and nitrogenous and organic
contaminants in water.
(123)
Skimmer weir--Part of a skimmer that adjusts automatically
to small changes in water level to assure a continuous flow of water to the
skimmer.
(124)
Slide--A recreational feature with a flow of water and
an inclined flume or channel by which a rider is conveyed downward into a
pool.
(125)
Slip-resistant--A surface that has been treated or constructed
to significantly reduce the chance of slipping.
(126)
Spa--A constructed permanent or portable structure that
is 2 feet or more in depth and that has a surface area of 250 square feet
or less or a volume of 3250 gallons or less and that is intended to be used
for bathing or other recreational uses and is not drained and refilled after
each use. It may include, but is not limited to, hydrojet circulation, hot
water, cold water, mineral baths, air induction bubbles, or any combination
thereof. A spa, as is defined in these rules, does not refer to a business
establishment such as a day spa or a health spa. Industry terminology for
a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot
spa," "hot tub," etc. A spa does not include a residential spa. (See definition
number (112) "Residential pool or spa".)
(127)
Special aquatic activity device--An interactive play
device, such as a slide, spray stream, or similar item, utilizing water that
is recirculated.
(128)
Stabilizer--A chemical that helps reduce the excess loss
of chlorine in water due to the ultraviolet rays of the sun. (See definition
number (41) "Cyanuric acid".)
(129)
Steps, recessed steps, ladders, and recessed treads--A
means of pool and spa ingress and egress that may be used separately or in
conjunction with one another.
(A)
Steps--A riser/tread or series of risers/treads extending
down from the deck and terminating at the pool or spa floor. Included are
recessed steps that have the risers located outside of user areas.
(B)
Ladders--A series of vertically separated treads or rungs
connected by vertical rail members or independently fastened to an adjacent
vertical pool or spa wall. (See definition number (72) "Ladders" for particular
ladder types.)
(C)
Recessed treads--A series of vertically spaced cavities
in the pool or spa wall creating tread areas for step holes.
(130)
Suction outlet--The aperture or fitting through which
the water is drawn from the pool or spa. A skimmer is not considered a suction
outlet for purposes of these rules.
(131)
Super chlorination--The practice of adding a sufficient
amount of chlorinating compound to water to destroy chlorine demand compounds
and any combined chlorine that is present. Generally, the level of chlorine
added is 10 times the level of combined chlorine in the water. (See also definition
number (25) "Breakpoint chlorination".)
(132)
Surface skimmer system/Through wall skimmer--A device
installed in the wall of an in-ground pool or spa, or above-ground pool or
spa that permits the continuous removal of floating debris and surface water
to the filters.
(133)
Surge pit--A collecting tank or sump that allows the
pool drains(s) and surface collection system to flow into it by gravity.
(134)
SVRD--A safety vacuum release device, as described in §296.190(d)(3)(B)
of this title for minimizing risk of entrapment.
(135)
SVRS--A safety vacuum release system that consists of
either an SVRD or an AVS, as described in §296.190(d)(3) of this title
for minimizing risk of entrapment.
(136)
Swimout--A recessed area outside of the general perimeter
of the pool designed to facilitate the entry and exit of swimmers from a pool.
(137)
TCEQ--Texas Commission on Environmental Quality, P. O.
Box 13087, Austin, Texas 78711-3087, telephone (512) 239-1000.
(138)
TDLR--Texas Department of Licensing and Regulation, Boiler
Division, P. O. Box 12157, Austin, Texas 78711, telephone (800) 803-9202.
(139)
TDS--Total dissolved solids, i.e., a measure of the total
amount of dissolved matter in water (for example, calcium, magnesium, carbonates,
bicarbonates, metallic compounds).
(140)
Test kit--A device for monitoring a specific chemical
level in pool or spa water.
(141)
Therapeutic pool or spa--A pool or spa that is operated
exclusively for therapeutic purposes, such as physical therapy, and is under
the direct supervision and control of licensed medical personnel.
(142)
Total alkalinity--A measure of the ability or capacity
of water to resist change in pH; also known as the buffering capacity of water.
Measured with a test kit and expressed as ppm; consists mainly of carbonates,
bicarbonates and hydroxides.
(143)
Total chlorine--The sum of both the free available and
combined chlorine.
(144)
Toxic--A substance that has an adverse physiological
effect on human beings or other living organisms.
(145)
Turbidity--Cloudy condition of water due to the presence
of fine particulate materials in suspension that interferes with the passage
of light.
(146)
Turnover rate--The period of time (usually in hours)
required to circulate a volume of water equal to the total pool or spa capacity.
(147)
UFC--Uniform Fire Code, published by the International
Fire Code Institute, 5360 Workman Mill Road, Whittier, California 90601-2298,
telephone (800) 423-6587.
(148)
Underwater light--A fixture designed to illuminate a
pool or spa from beneath the water surface. An underwater light includes either
of the following:
(A)
wet niche light--a watertight and water-cooled light unit
placed in a submerged, wet niche in the pool or spa wall and accessible only
from the pool or spa; or
(B)
dry niche light--a light unit placed behind a watertight
window in the pool or spa wall.
(149)
UL--Underwriters Laboratory, 333 Pfingsten Road, Northbrook,
Illinois 60062-2096, telephone (847) 272-8800.
(150)
User--A person using a pool or spa and adjoining deck
area for the purpose of water sports, recreation therapy or related activities.
(151)
User load--The number of persons in the pool or spa area
at any given moment, or during any stated period of time.
(152)
Vacuum--The reduction of atmospheric pressure within
a pipe, tank, pump, or other vessel. Vacuum is measured in inches of mercury.
Each inch of mercury is equivalent to 1.13 feet of head. The typical maximum
vacuum is 30 inches of mercury, or 33.9 feet of head.
(153)
Valve--Any device in a pipe that will partially or totally
obstruct the flow of water (as in a ball, gate or globe valve) or permit flow
in one direction only (as in a check or foot valve). See definition numbers
(22) Bleeder valve, (77) Multi-port valve, and (109) Push-pull valve.
(154)
Velocity--The speed at which a liquid flows between two
specified points, expressed in feet per second.
(155)
Vortex pool--Circular pools equipped with a method of
transporting water in the pool for the purpose of propelling riders at speed
dictated by velocity of the moving stream.
(156)
Wading pool--A Class D pool that has a maximum depth
of 2 feet at any point.
(157)
Walls--The interior pool or spa wall surfaces consisting
of surfaces from plumb to a slope of 11 degrees from plumb.
(158)
Waste water disposal system--A plumbing system used to
dispose of backwash or other water from a pool or spa or from dressing rooms
and other facilities associated with a pool or spa.
(159)
Water action pools--A pool designed to simulate breaking
or cyclic waves for the purpose of general play or surfing.
(160)
Water lounge--A horizontal area of a pool that adjoins
the pool wall at a depth of from 2 inches to 10 inches, is used for seating
and play.
(161)
Weir--Part of a skimmer that adjusts automatically to
small changes in water level to assure a continuous flow of water to the skimmer.
(162)
YMCA--Y.M.C.A. of U.S.A. (Y.M.C.A.), 101 North Wacker,
Chicago, Illinois 60606, telephone (800) 872-9622.
(163)
Zero depth entry pool--A pool in which the pool floor
intersects the water surface along at least one side of the pool.
§265.183.Plans, Permits and Instructions for Post-10/01/99 Pools and Spas.
(a)
Plans and permits for post-10/01/99 pools and spas. The
department may review plans for post-10/01/99 pools or spas in order to ensure
compliance regarding enforcement issues. If the department intends to review
plans it will notify the owner/operator in writing. The department recommends
that a registered professional engineer or registered architect be consulted
to ensure that the pool or spa is designed and built in compliance with these
rules and applicable federal, state, and/or local regulatory requirements.
Regardless of whether a regulatory authority requires plans or permits, pools
and spas shall be designed, constructed, and operated in compliance with these
standards.
(b)
Instructions for post-10/01/99 pools and spas. Upon completion
of construction of a post-10/01/99 pool or spa, the owner shall obtain from
the pool or spa builder complete written operational instructions for the
pool or spa. Written instructions shall include items such as procedures for
filtration, backwash, cleaning, and operation of all chemical feed devices
and general maintenance of pool or spa. In addition, the following are required:
(1)
labeling of valves;
(2)
labeling of exposed piping
(3)
clean filter pressures, normal operating pressures, and
pressure differentials that indicate the need for filter cleaning.
§265.184.General Construction and Design for Post-10/01/99 Pools and Spas.
(a)
Structural design and materials for post-10/01/99 pools
and spas. Construction design and materials used in construction of post-10/01/99
pools and spas shall comply with the requirements of this section, as well
as other requirements expressly stated in these rules.
(b)
Non-toxic and sound materials for post-10/01/99 pools and
spas. Post-10/01/99 pools and spas and all appurtenances shall be constructed
of materials that are considered to be nontoxic to humans and the environment,
are impervious and enduring, and will withstand design stresses; and will
provide a water-tight structure with a smooth and easily cleanable surface
without cracks or joints, excluding structural joints.
(c)
Accepted practice for post-10/01/99 pools and spas. The
structural design and materials used for post-10/01/99 pools or spas shall
be in accordance with generally accepted industry engineering practices and
methods prevailing at the time of original construction.
(d)
NSFI Standard-50 for post-10/01/99 pools and spas. Where
equipment for a post-10/01/99 pool or spa such as pumps, filters, skimmers,
chemical feeders, and other equipment, falls within the scope of ANSI and
NSFI Standard-50-1996 (ANSI/NSFI-50-1996), such equipment shall meet the standard
as confirmed by a testing laboratory, except as otherwise noted in Section
265.190(h) of this title (relating to Suction Outlets and Return Inlets at
Post-10/01/99 and Pre-10/01/99 Pools and Spas). Conformity with standards
noted above shall be evidenced by the listing or labeling of such equipment
by such a laboratory or by separate documentation.
(e)
Prohibition of earth material for post-10/01/99 pools and
spas. Earth shall not be permitted as an interior finish in a post-10/01/99
pool or spa. Clean sand or similar material, if used in a beach pool environment
shall only be used over an impervious surface and designed to perform in such
an environment, and controlled so as not to adversely affect the proper filtration,
treatment system, maintenance, safety, sanitation and operation of the overall
pool or spa. If sand or similar material is used, positive upflow circulation
through the sand shall be provided as necessary to assure that sanitary conditions
are maintained at all times.
(f)
Interior color for post-10/01/99 pools and spas. The colors,
patterns, or finishes of a post-10/01/99 pool or spa interior shall not obscure
the existence or presence of objects or surfaces within the pool or spa. All
post-10/01/99 pool and spa interior surfaces shall be a light enough color
so that an 8-inch black disk on the pool or spa floor at the deepest point
of the pool or spa can be clearly and immediately seen by an observer standing
on the pool or spa deck at a point closest to the disk.
(g)
Materials to withstand freezing temperatures for post-10/01/99
pools and spas. In climates subject to freezing temperatures, a post-10/01/99
pool or spa shell and appurtenances, piping, filter system, pump and motor,
and other components shall be designed and constructed to facilitate protection
from damage due to freezing.
(h)
Hydrostatic relief for post-10/01/99 pools and spas. A
hydrostatic relief valve, plug, or a more extensive hydrostatic system shall
be installed if necessary to prevent ground water pressure from displacing
or otherwise damaging a post-10/01/99 pool or spa.
(i)
Interior surface footing for post-10/01/99 pools and spas.
The surfaces within a post-10/01/99 pool or spa intended to provide footing
for users shall have a slip-resistant surface to help reduce the chance for
a fall. The roughness or irregularity of such surfaces shall not cause injury
to feet during normal use.
(j)
General shape for post-10/01/99 pools and spas. This standard
is not intended to regulate the perimeter shape of post-10/01/99 pools or
spas. It is the designer's responsibility to take into account the effect
a given shape will have on the health and safety of the occupants.
(k)
Dimensional variation for post-10/01/99 pools and spas.
Dimensions for post-10/01/99 pools and spas may vary in limited areas where
access for persons with disabilities has been provided, as long as general
safety of all users is maintained. The design shall take into account requirements
of the "Americans with Disabilities Act of 1990", 42 U.S.C. §§12101-12213,
Disability Act and any other applicable local, state and federal laws relating
to such access.
(l)
Entanglement or entrapment avoidance for post-10/01/99
pools and spas. There shall be no protrusions, extensions, means of entanglement,
or other obstructions in a post-10/01/99 pool or spa that are likely to cause
the entrapment or injury of the user. For specific information regarding entrapment
issues, see the CPSC, Handbook for Public Playground Safety, Publication Number
325-1997, or the ASTM, Standard Consumer Safety Performance Specification
for Playground Equipment for Public Use, F1487-1995.
(m)
Construction tolerances for post-10/01/99 pools and spas.
For post-10/01/99 pools and spas, construction tolerances allowed on all dimensional
designs for overall length, width, and depth in the deep end may vary plus
or minus 3 inches. All other dimensions may vary plus or minus 2 inches, unless
otherwise specified (such as in a Class A pool). The design water level shall
have a maximum construction tolerance at the time of completion of the work
of plus or minus 1/4 inch for post-10/01/99 pools or spas with adjustable
weir surface skimming systems, and of plus or minus 1/8 inch for post-10/01/99
pools or spas with non-adjustable surface skimming systems. Step treads and
risers may vary plus or minus 1/2 inch.
(n)
Maximum user loading for post-10/01/99 pools and spas.
The maximum number of users to be allowed in a post-10/01/99 pool or spa at
one time will depend on a number of factors, such as the type of pool or spa;
indoor or outdoor location, surface area, operating characteristics of the
water; purification system, quality and clarity of the pool or spa water,
etc., the most significant factors are the surface area of the water in the
pool or spa and the sanitary and physical condition of the pool or spa water.
Based on these factors, pool or spa owners of a post-10/01/99 pool or spa
shall reduce the user load if pre-10/01/99 conditions indicate the need. The
maximum user load in a post-10/01/99 pool or spa shall be based on the following.
(1)
In post-10/01/99 pools, maximum load limit shall be in
accordance with the following table:
(2)
In post-10/01/99 spas, the maximum user load shall not
exceed 1 person per 10 square feet of water surface area.
(o)
Interior walls for post-10/01/99 pools and spas. Post-10/01/99
Class B and C pools and spas shall have walls not greater than 11 degrees
from plumb. Maximum allowable wall slope:
(p)
Walls joining floors for post-10/01/99 pools. Walls for
post-10/01/99 Class B and C pools shall be joined to the floor with a radius
tangent to the wall at a depth not less than 4 feet 6 inches in water depths
8 feet and greater and not less than 2 feet 6 inches in water depths of 3
feet. The tangent radius point at the wall shall progressively move between
these points as the water depth progressively changes. Wall to floor radiuses
shall not encroach on the minimum specified floor width, prescribed in §265.186(c)(7)
of this title (relating to Decks, Entry/Exit, Diving Facilities and Other
Deck Equipment at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Class A
pools, where racing lanes terminate, shall have walls that are not greater
than 1 degree from vertical.
(q)
Floor slopes for post-10/01/99 pools. Floor slopes for
post-10/01/99 pools shall, as a minimum meet the following requirements:
(1)
all slopes shall drain and be uniform within the different
activity areas of the pool;
(2)
the slope of the floor from the shallow end wall toward
the deep end shall not exceed 1 foot in 10 feet to the point of the first
slope change;
(3)
the point of the first slope change shall be defined as
the point at which the floor slope exceeds 1 foot in 10;
(4)
the slope of the floor from the point of the first slope
change to the deep end shall not exceed 1 foot in 3 feet; and
(5)
the slope of the floor may vary in limited areas where
access for persons with disabilities has been provided.
(r)
Visual separation for post-10/01/99 pools. Any area of
a post-10/01/99 pool that is less than 3 feet in depth shall be visually set
apart from deeper areas of the pool by a minimum 4-inch wide tile band, painted
line, or similar means of contrasting color across the floor at this point,
see also §265.199(b)(1), (2), and (3) of this title (relating to Specific
Safety Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(s)
Zero depth entry design for post-10/01/99 pools. Zero depth
entry designs for post-10/01/99 pools shall be allowed where the bottom of
the pool in the beginner's area is designed and constructed to meet the pool
deck surface at a slope not to exceed 1 in 12 to a water depth of 1-1/2 feet.
In such pools where the water depth is less than 1-1/2 feet, floor inlets
shall be provided and spaced uniformly with at least 1 inlet per 200 square
feet or portion thereof.
(t)
Offset ledges for post-10/01/99 pools. When provided in
a post-10/01/99 pool, offset ledges shall:
(1)
fall within 11 degrees from plumb starting at the junction
of the pool wall and the design water level;
(2)
have a slip-resistant surface; and
(3)
have a maximum width of 8 inches and shall be in accordance
with the following drawing of offset ledges:
(u)
Underwater seat benches for post-10/01/99 pools and spas.
Underwater seat benches for post-10/01/99 pools and spas shall:
(1)
have a maximum seating width of 18 inches projecting from
the wall at a depth not to exceed 24 inches below the design water level;
(2)
be located fully outside of the required minimum diving
water envelope if the pool is intended for use with diving equipment;
(3)
be visually set apart and be provided with a solid or broken
stripe at least 1 inch wide on the top surface along the front leading edge
of the bench. The stripe shall be plainly visible to persons on the pool deck.
The stripe shall be a contrasting color to the background on which it is applied,
and the color shall be permanent;
(4)
have a slip-resistant surface; and
(5)
not be used as the required entry/exit access unless they
are in conjunction with pool steps.
(v)
Water lounges in post-10/01/99 pools and spas. Water lounges
in post-10/01/99 pools and spas must:
(1)
be a minimum of 20 inches wide and provide a minimum of
10 square feet of horizontal surface adjoining on the edge of the pool over
a distance of not less than 3 feet;
(2)
be horizontal and at a depth of 2 inches to 10 inches below
the water surface;
(3)
be visually set apart with a horizontal solid or broken
stripe at least 1 inch wide on the top surface along the leading edge of horizontal
surfaces of all edges not adjoining the pool wall. The stripe shall be plainly
visible to persons on the pool deck. The stripe shall be a contrasting color
to the background on which it is applied, and the color shall be permanent;.
(4)
be located fully outside of the required minimum diving
water envelope if the pool is intended for use with diving equipment;
(5)
have a slip-resistant surface; and
(6)
be located in water depths of 4 feet or less.
(w)
Special requirements for post-10/01/99 Class D wading pools.
(1)
Post-10/01/99 wading pools at a facility having Class A,
B, or C pools shall be separate and physically set apart from beginner or
shallow water areas by at least 15 feet of deck or a pool yard enclosure meeting
the requirements of §265.200 of this title (relating to Pool Yard and
Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas). If
a pool yard enclosure is provided, clear visibility through the barrier shall
be maintained.
(2)
If a post-10/01/99 wading pool at a facility having a Class
A, B, or C pool is within 35 feet of any deep-water area, a pool yard enclosure
meeting the requirements of §265.200 of this title shall be provided
to physically separate the wading pool from the deep-water area. Clear visibility
through the barrier shall also be maintained.
(3)
The maximum water depth in a post-10/01/99 wading pool
shall be no greater than 24 inches. At the perimeter of the pool the vertical
distance from the deck or walk to the bottom of the pool or to perimeter seating
bench underwater shall not be greater than 18 inches. The vertical distance
from the bottom of the pool to the deck or walk may be reduced and brought
to zero at the most shallow point. The slope of zero level deck entries shall
not exceed 1 foot in 12 feet.
(4)
Floors of post-10/01/99 wading pools shall be uniform,
sloped to drain with a maximum slope of 1 foot in 12 feet, and shall be slip-resistant.
§265.185.General Construction and Design for Pre-10/01/99 Pools and Spas.
(a)
Structural design and materials for pre-10/01/99 pools
and spas. Construction design and materials used in construction of pre-10/01/99
pools and spas shall comply with good public health engineering practices
for construction of newly-built pools and spas prevailing at the time of original
construction as required by Health and Safety Code, §341.064(g), and
shall comply with these rules except as expressly provided otherwise.
(b)
Prohibition of earth material for pre-10/01/99 pools and
spas. Earth shall not be permitted as an interior finish in a pre-10/01/99
pool or spa. Clean sand or similar material, if used in a beach pool environment
shall only be used over an impervious surface and designed to perform in such
an environment, and controlled so as not to adversely affect the proper filtration,
treatment system, maintenance, safety, sanitation and operation of the overall
pool or spa. If sand or similar material is used, positive upflow circulation
through the sand shall be provided as necessary to assure that sanitary conditions
are maintained at all times.
(c)
Interior color for pre-10/01/99 pools and spas. The colors,
patterns, or finishes of a pre-10/01/99 pool or spa interior shall not obscure
the existence or presence of objects or surfaces within the pool or spa. Surfaces
of a pre-10/01/99 pool and spa shall be a light enough color so that an 8
inch black disk on the pool or spa floor at the deepest point of the pool
or spa can be clearly and immediately seen by an observer standing on the
pool or spa deck at a point closest to the disk.
(d)
NSFI Standard-50 for pre-10/01/99 pools and spas. When
equipment is replaced on pre-10/01/99 pools and spas, such equipment that
falls within the scope of ANSI and NSFI Standard-50-1996 (ANSI/NSFI-50-1996),
shall meet the standard as confirmed by a testing laboratory. Conformity with
standards noted above shall be evidenced by the listing or labeling of such
equipment by such a laboratory or by separate documentation.
(e)
Maximum user loading for pre-10/01/99 pools and spas. The
maximum number of users to be allowed in a pre-10/01/99 pool or spa at one
time will depend on a number of factors, such as the type of pool or spa;
indoor or outdoor location; surface area; operating characteristics of the
water; purification system; quality and clarity of the pool or spa water,
etc., the most significant factors being the surface area of the water in
the pool or spa and the sanitary and physical condition of the pool or spa
water. Based on these factors, pool or spa owners of a pre-10/01/99 pool or
spa shall reduce the user load if pre-10/01/99 conditions indicate the need.
The maximum user load in a pre-10/01/99 pool or spa shall be based on the
following:
(1)
In pre-10/01/99 pools, the maximum load limit shall be
in accordance with the table in §265.184(n)(1) of this title (relating
to General Construction and Design for Post-10/01/99 Pools and Spas).
(2)
In pre-10/01/99 spas, the maximum user load shall not exceed
1 person per 10 square feet of water surface area.
§265.186.Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Decks for post-10/01/99 pools and spas.
(1)
Deck(s) for post-10/01/99 pools and spas shall be designed
and installed in accordance with the engineering methods required by the department
or the applicable local regulatory authority. This includes the design and
quality of subbase, concrete mix, reinforcing, joints, etc.
(2)
If a concrete deck is installed, in the absence of specific
local engineering practices, the work shall be performed in accordance with
ACI Standard 302.1R-1998, "Guide for Concrete Floor and Slab Construction."
(3)
Decks, ramps, coping, steps, markings, brand insignias
and similar surfaces shall be slip-resistant and easily cleanable.
(4)
Soils supporting decks shall have adequate load-bearing
capacities.
(5)
The minimum continuous, unobstructed, usable deck width
(which can include flush coping) shall conform with subparagraphs (A)-(G)
of this paragraph, except that at a Class B, C, or D pool, as much as 35%
of the deck in subparagraphs (A)-(E) of this paragraph may be replaced with
other structures; however, in no case shall other structures restrict emergency
access or create above deck structures that may be used as diving platforms
or create other safety or sanitary hazards.
(A)
Class A pool deck widths shall meet standards of the appropriate
sanctioning body that regulates the type of competitions to be held.
(B)
Class B pool deck widths shall be a minimum of 4 feet if
the post-10/01/99 pool was built before October 1, 2004.
(C)
Class B pool deck widths shall be a minimum of 6 feet if
the post-10/01/99 pool is built on or after October 1, 2004.
(D)
Class C pool deck widths shall be a minimum of 4 feet.
(E)
Class D pool deck widths shall be a minimum of 4 feet.
(F)
Decks shall be provided surrounding at least 50% or more
of the spa. Spa deck widths shall be a minimum of 4 feet, and the decks shall
be continuous and unobstructed. Coping that is flush where it meets the deck
may be included in determining minimum deck width compliance.
(G)
A minimum of 4 feet of deck width shall be provided on
the sides and rear of any diving equipment. A deck clearance of 3 feet shall
be provided around all other deck equipment.
(6)
The minimum slope of the deck(s) shall be 1/8 inch per
foot for textured, hand-finished concrete decks and 1/4 inch per foot for
exposed aggregate concrete decks including decks covered with an epoxy finish
and other specialty surfaces installed according to the manufacturer's instructions
and good sanitation practices. Wood decks or indoor/outdoor carpeting shall
not be located within the distance specified in paragraph (5) of this subsection
unless approved by local regulatory authority.
(7)
The maximum slope of all decks, other than wood decks,
shall be one-half inch per foot, except for ramps. The maximum slope for wood
decks shall be 1/8 inch per foot. Gaps shall be required between deck boards
consistent with good engineering and safety practices with respect to the
type of wood used.
(8)
The maximum gaps between pool or spa decks and/or walkways
including joint material, shall be 3/16 inch of horizontal clearance with
a maximum difference in vertical elevation of 1/4 inch.
(9)
Joints where pool or spa coping meets concrete deck(s)
shall be watertight.
(10)
Joints where pool or spa coping meets concrete deck shall
be installed to protect the coping and its mortar bed from damage as a result
of movement of adjoining deck(s).
(11)
Joints in deck(s) shall be provided to minimize the potential
for cracks due to shrinkage or slight movement of the slab.
(12)
The areas where concrete deck(s) join other concrete work
shall be protected by expansion joints to protect the pool and spa adequately
from the pressures of relative movements.
(13)
The edge of deck(s) shall be rounded, tapered or otherwise
shaped to eliminate sharp corners.
(14)
Deck(s) shall be sloped to effectively drain to perimeter
areas or to deck drains. Drainage shall remove pool and spa splash water,
deck cleaning water, and rainwater without leaving standing water deeper than
1/8 inch. Water from deck drainage shall not be mixed with pool or spa water.
(15)
Site drainage shall direct all perimeter deck drainage,
general site and roof drainage away from the pool area. Yard drains shall
be installed, as needed, to prevent the accumulation or puddling of site water
in the general area of the deck(s) and related improvements.
(16)
Valves installed in or under any deck(s) shall be accessible
through an access cover at least 10 inches in diameter and installed in a
valve pit at least 10 inches in diameter to facilitate operation, service,
and maintenance. Access covers shall be provided for valve pits for post-10/01/99
pools and spas.
(17)
An adequate number of hose bibs and adequate hose shall
be provided for washing down all areas of the deck. Cross-connection control
device(s) as approved by the TCEQ or local regulatory authority shall be provided.
When not in use, hoses shall be stored in such a manner to prevent a hazard
from tripping.
(b)
Decks for pre-10/01/99 pools and spas.
(1)
Decks for pre-10/01/99 pools and spas shall comply with
the construction and design requirements in existence at the time the pool
was originally built.
(2)
In decks of pre-10/01/99 pools and spas, access covers
shall be provided for any valve pits in the decks.
(3)
In pre-10/01/99 pools and spas, the usable pool deck (which
can include flush coping) must be continuous and unobstructed and shall conform
to the applicable minimum width in subparagraphs (A)-(E) of this paragraph.
However, at a Class B, C, or D pool, as much as 35% of the deck in subparagraphs
(A)-(E) of this paragraph may be replaced with other structures. Other structures
must not restrict emergency access or create above-deck structures that may
be used as diving platforms or create other safety or sanitary hazards.
(A)
Class A pool deck widths shall meet standards of the appropriate
sanctioning body that regulates the type of competitions to be held.
(B)
Class B pool deck widths shall be a minimum of 4 feet.
(C)
Class C pool deck widths shall be a minimum of 4 feet.
(D)
Class D pool deck widths shall be a minimum of 4 feet.
(E)
A minimum of 4 feet of deck width shall be provided on
the sides and rear of any diving equipment. A deck clearance of 3 feet shall
be provided around all other deck equipment.
(c)
Entries and exits for post-10/01/99 pools. Post-10/01/99
pools shall have a minimum of two entry/exits, e.g., one serving the shallow
end and one serving the deep end. Entry/exits may consist of ladders, steps,
recessed treads, zero depth entries or combinations thereof. Ladders, steps,
and recessed treads shall conform to the following:
(1)
in post-10/01/99 pools, areas where the vertical distance
from the bottom of the pool to the deck or walk is 18 inches or less at the
pool wall may be considered as an entry/exit;
(2)
in post-10/01/99 pools, if the deep portion of the pool
is more than 30 feet wide, opposite sides of the deep portion must each have
an entry/exit;
(3)
a means of entry/exit for the shallow end of a post-10/01/99
pool shall be located between the shallow end wall and the cross section at
Point C, while a means of entry/exit for the deep end shall be between the
deep end wall and the cross section at Point B, refer to pool dimensions at
subsection (e)(6) of this section, or if not a diving pool, they shall be
so located as to reasonably serve the respective areas;
(4)
a means of entry/exit shall be provided at a minimum of
every 75 linear feet of wall or fraction thereof, in a post-10/01/99 pool;
(5)
steps, ladders, and recessed treads in a post-10/01/99
pool shall be located so as not to interfere with racing lanes if applicable;
(6)
steps, ladders, and recessed treads in a post-10/01/99
pool shall have slip-resistant surfaces;
(7)
steps in a post-10/01/99 pool shall comply with the following:
(A)
steps shall have a minimum unobstructed horizontal depth
(i.e., horizontal run) of 12 inches and a minimum width of 20 inches;
(B)
risers for steps shall have a maximum uniform height of
10 inches, with the bottom riser height allowed to taper to zero;
(C)
underwater steps shall be provided with a horizontal solid
or broken stripe at least 1 inch wide on the top surface along the front leading
edge of each step. This stripe shall be plainly visible to persons on the
pool deck. The stripe shall be a contrasting color to the background on which
it is applied, and the color shall be permanent in nature and shall be a slip-resistant
surface; and
(D)
the pool shall comply with applicable requirements for
disability access for pools under federal, state, and local fair housing and
handicap access laws. A handrail shall be provided in pools for which a lifeguard
is required under these rules. When provided, handrails shall comply with
the following requirements:
(i)
handrails, if removable, shall be installed in such a way
that they cannot be removed without the use of tools;
(ii)
the leading edge of handrails for steps shall be no more
than plus or minus 8 inches horizontally from the vertical plane of the bottom
riser or extend into the pool to a water depth of 36 inches as measured from
the horizontal step surface to the design water level; and
(iii)
the outside diameter of handrails shall range from 1.25
inches to 2 inches;
(8)
Pool ladder(s) with ladder treads in post-10/01/99 pools
shall comply with the following:
(A)
the handrails and treads of the ladders shall be made entirely
of corrosion-resistant materials;
(B)
two handrails shall be provided for each ladder, one on
each side of the ladder;
(C)
the clear horizontal distance between ladder handrails
shall be a minimum of 17 inches and a maximum of 24 inches;
(D)
there shall be a uniform vertical distance between ladder
treads of not less than 7-inches or more than 12 inches;
(E)
the vertical distance between the pool coping edge, deck,
or step surface and the uppermost ladder tread shall be a maximum of 12 inches;
(F)
the ladder treads shall have a minimum horizontal depth
of 1.5 inches; and
(G)
below the water level of the pool, the inside edge of the
ladder hand rails may not be further than 5 inches and the ladder treads may
not be further than 3.5 inches from the pool wall. See §265.184(l) of
this title (relating to General Construction and Design for Post-10/01/99
Pools and Spas);
(9)
pool ladder(s) with recessed treads in walls of post-10/01/99
pools shall comply with the following:
(A)
the handrails of the ladders shall be made entirely of
corrosion-resistant materials;
(B)
two handrails shall be provided for each ladder, one on
each side of the ladder;
(C)
the clear horizontal distance between ladder handrails
shall be a minimum of 17 inches and a maximum of 24 inches;
(D)
there shall be a uniform vertical distance between recessed
treads of not less than 7-inches or more than 12 inches;
(E)
the vertical distance between the pool coping edge, deck,
or step surface and the uppermost recessed tread shall be a maximum of 12
inches;
(F)
the recessed treads shall have a minimum depth of 4.5 inches
and a minimum width of 12 inches; and
(G)
the recessed treads shall drain into the pool but not be
sloped more than 1/2 inch per foot, to prevent the accumulation of dirt and
debris.
(10)
swimouts in the pool walls of post-10/01/99 pools shall
comply with the following:
(A)
swimouts shall be completely outside the perimeter shape
of the pool;
(B)
when used as an entry/exit access, swimouts shall be provided
with step(s) to meet the pool step requirements as stated in paragraph (7)
of this subsection;
(C)
when steps are used in swimouts, they shall be visually
set apart with a horizontal solid or broken stripe at least 1 inch wide on
the top surface along the leading edge of horizontal surfaces of each step.
The stripe shall be plainly visible to persons on the pool deck. The stripe
shall be a contrasting color to the background on which it is applied, and
the color shall be permanent;
(D)
swimouts are allowed in the deep or shallow areas of the
pool;
(E)
the horizontal surface shall be a maximum of 20 inches
below the design water level unless steps are provided in the swimout; and
(F)
pools that do not utilize a perimeter overflow system shall
provide a wall return inlet or outlet in the swimout to maintain sufficient
circulation.
(d)
Entries and exits for pre-10/01/99 pools.
(1)
Entries and exits in pre-10/01/99 pools shall comply with
good public health engineering practices for construction of newly-built pools
and spas prevailing at the time of original construction as required by Health
and Safety Code, §341.064(g), and shall comply with these rules except
as expressly provided otherwise.
(2)
Pre-10/01/99 pools shall comply with applicable requirements
for disability access for pools under federal, state, and local fair housing
and handicap access laws. A handrail serving all treads of a stepped entry
shall be provided in pools for which a lifeguard is required under these rules.
When provided, handrails shall be installed in such a way that they cannot
be removed without the use of tools.
(e)
Diving facilities for post-10/01/99 pools. Except for diving
facilities in pools covered by subsection (g) of this section, diving facilities
in post-10/01/99 pools shall comply with the following:
(1)
post-10/01/99 pools with diving facilities in excess of
3 meters in height or pools designed for platform diving, shall comply with
the pool dimension design requirements of one of the organizations listed
in subsection (g) of this subsection;
(2)
post-10/01/99 Class B and C pools with diving areas shall
conform to the minimum water depths, areas, slopes, and other dimensions shown
in paragraph (6) of this subsection. Diving equipment on post-10/01/99 Class
B and C pools shall have a fixed fulcrum unless the design and construction
of the pools meets the standards for a Class A pool as stated in subsection
(g) of this subsection;
(3)
at post-10/01/99 pools, there shall be a completely unobstructed
clear vertical distance of 16 feet above any diving board measured from the
center of the front end of the board. This area shall extend horizontally
at least 12 feet behind, 12 feet to each side and 16 feet ahead of Point A,
as described in paragraph (6) of this subsection;
(4)
the tip of the diving board at a post-10/01/99 pool shall
be located at directly above Point A, as described in paragraph (6) of this
section, which is the reference point of all other dimensions. If the board
is given more overhang, other dimensions shall move further outward by the
same amount respectively;
(5)
when other types of equipment or devices are provided for
water entry at post-10/01/99 pools, installation of the equipment or devices
shall be in accordance with the manufacturer's instructions regarding location,
size, and depths of the required water envelope. At post-10/01/99 pools, a
label shall be permanently affixed to the equipment or device and shall include
the applicable items found in paragraph (9) of this subsection;
(6)
minimum dimensions for diving areas of post-10/01/99 Class
B and C pools are contained in the table:
(7)
at post-10/01/99 pools, supports, platforms, steps, and
ladders for diving equipment shall be designed to carry the anticipated loads.
Steps and ladders shall be of corrosion-resistant material, easily cleanable
and with slip-resistant tread;
(8)
in post-10/01/99 pools, diving equipment shall be installed
according to manufacturer's instructions supplied with each unit;
(9)
on post-10/01/99 pools, a label shall be permanently affixed
to the diving equipment or diving board and shall include the following:
(A)
manufacturer's name and address;
(B)
board equipment length;
(C)
identification as to diving or jump board;
(D)
fixed fulcrum setting;
(E)
reference to the applicable article(s) in the American
National Standards Institute/National Swimming Pool Institute-1 (ANSI/NSPI-1,
1991) Standards for Public Swimming Pools;
(F)
weight limitations as specified by the board manufacturer,
if available; and
(G)
date of installation;
(10)
in post-10/01/99 pools, post-10/01/99 diving stands higher
than 21 inches measured from the deck to the top butt end of the board shall
have steps or a ladder and handrails. Step treads shall be self-draining;
(11)
on post-10/01/99 pools, platforms and diving equipment
of 1/2 to 1 meter in height shall be protected with guardrail(s) that shall
be at least 30 inches above the diving board and extend from the butt end
of the equipment to the edge of the pool wall. All platforms or diving equipment
higher than 1 meter shall have dual guardrails that are approximately 18 inches
and 36 inches above the diving board. A means shall be provided on platforms
or diving equipment higher than 1 meter to prevent slips or falls through
the equipment onto the deck surface;
(12)
on post-10/01/99 pools, diving equipment shall have slip-resistant
tread surfaces;
(13)
on post-10/01/99 pools, diving equipment shall be permanently
anchored to the pool deck;
(14)
at post-10/01/99 pools, the top of the diving board from
the deck end to the tip shall be level or have an upward slope of 5/8 inch
per foot maximum, provided elevation difference shall not exceed 6 inches
from the deck end to the tip of the board; and
(15)
at post-10/01/99 pools, the maximum construction tolerances
for the installation of diving equipment shall be plus or minus 2 inches to
allow for construction variances only on Class B and C pools.
(f)
Diving facilities in pre-10/01/99 pools. Except for diving
facilities in pools covered by subsection (g) of this section, diving facilities
in pre-10/01/99 pools shall comply with the following:
(1)
diving areas for pre-10/01/99 Class A, B, and C pools shall
conform to the minimum water depths, areas, slopes, and other dimensions in
the table listed in subsection (e)(6) of this section;
(2)
in pre-10/01/99 pools, new diving stands higher than 21
inches measured from the deck to the top butt end of the board shall have
steps or a ladder and handrails. Step treads shall be self-draining; and
(3)
when other types of equipment or devices are provided for
water entry at pre-10/01/99 pools, installation of the equipment or devices
shall be in accordance with the manufacturer's instructions regarding location,
size, and depths of the required water envelope.
(g)
Platform or diving facilities in post-10/01/99 and pre-10/01/99
pools. Post-10/01/99 Class A, B, and C pools containing platform or diving
facilities shall be designed and constructed according to dimensions specified
by either the Federation Internationale De Natation Amateur-2002, the United
States Swimming Association-2002, the United States Diving Association-2002,
the National Federation of State High School Association-2002, or the National
Collegiate Athletic Association-2003. Pre-10/01/99 Class A, B, and C pools
containing platform or deck diving facilities shall conform to one of the
above standards.
(h)
Starting blocks in post-10/01/99 and pre-10/01/99 pools.
In post-10/01/99 and pre-10/01/99 pools:
(1)
starting blocks shall be installed to meet the standards,
depth specifications and other requirements of the national competitive pool
organization having jurisdiction over the competition;
(2)
starting blocks shall only be used during official competition
or when there is direct supervision by the team coach or another qualified
instructor; and
(3)
starting blocks shall be removed or secured to prevent
inadvertent use when use of the starting blocks is not directly supervised.
(i)
Play equipment for post-10/01/99 and pre-10/01/99 pools.
Playground equipment that is installed on or after October 1, 1999 in a post-10/01/99
and pre-10/01/99 pool yard or spa yard and that is not covered by the Amusement
Ride Safety Inspection and Insurance Act, Chapter 2151, Texas Occupations
Code, shall be designed and installed according to the CPSC Handbook for Public
Playground Safety, Publication Number 325-1997, or the ASTM Standard Consumer
Safety Performance Specification for Playground Equipment for Public Use,
F1487-1995. (See subsection (k) of this section.)
(j)
Slides for post-10/01/99 and pre-10/01/99 pools. Slides
at post-10/01/99 and pre-10/01/99 pools that are of the slide configuration
and type covered by the CPSC Standard for Swimming Pool Slides as published
in the Code of Federal Regulations, 16 CFR, Part 1207, shall comply with those
standards.
(k)
Exclusion of post-10/01/99 and pre-10/01/99 pools. This
section is not intended to cover amusement rides as defined in the Occupations
Code, §2151.002 (relating to the Amusement Ride Safety Inspection and
Insurance Act) and 28 TAC §§5.9001-5.9014, Subchapter J, Rules to
Implement the Amusement Ride Safety Inspection and Insurance Act (that regulates
large slides and other such types of amusement devices used at post-10/01/99
and pre-10/01/99 pool facilities).
§265.187.Circulation Systems for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Suction outlet covers or grates for post-10/01/99 and pre-10/01/99
pools and spas. Suction outlet covers or grates must be provided for post-10/01/99
and pre-10/01/99 pools and spas in accordance with §265.190(c) of this
title (relating to Suction Outlets and Return Inlets in Post-10/01/99 and
Pre-10/01/99 Pools and Spas). If the owner or operator of a post-10/01/99
or pre-10/01/99 pool or spa knows or should have known in the exercise of
ordinary care that a suction outlet cover or grate is missing, broken, or
loose, the pool or spa must be closed immediately and the pump(s) must be
shut off. The pool or spa must remain closed until a proper repair or replacement
has been accomplished.
(b)
General circulation requirements for post-10/01/99 pools
and spas. In post-10/01/99 pools and spas, a circulation system consisting
of pumps, piping, return inlets and suction outlets, filters, and other necessary
equipment shall provide complete and uniform circulation of water and be designed
to accommodate 100% of the turnover flow rate and maintain the distribution
of disinfectant residual through all parts of the pool or spa.
(1)
The system shall be designed to give the proper turnover
rate based on the manufacturer's specified maximum pressure and flow through
of the filter. (Also refer to §265.203(c) of this title (relating to
Operation and Management of Post-10/01/99 and Pre-10/01/99 Pools and Spas.)
The equipment shall be of adequate size to turn over the entire pool or spa
water capacity as follows:
(A)
a turnover rate of 6 hours is required for post-10/01/99
pools with average depths of 4 feet or greater;
(B)
turnover rates in pools with shallower average depths shall
be calculated based upon the formula: average depth in feet times 1.5 shall
be the required turnover rate; for example, a pool with an average depth of
3 feet will require a 4.5 hour turnover rate;
(C)
a spa recirculation system shall turn over the entire spa
water capacity at a minimum of once every 30 minutes based on the manufacturer's
recommended rate of the filter, with a clean filter; and
(D)
the turnover rate for a wading pool shall be at least once
per hour.
(2)
Circulation system components that require replacement
or servicing shall be accessible for inspection, repair, or replacement, and
shall be installed according to manufacturer's instructions.
(3)
Pool and spa equipment and related plumbing shall be supported
to prevent damage from misalignment, settlement, or similar activities. The
equipment shall be mounted to minimize the potential for the accumulation
of debris and moisture, following manufacturer's instructions.
(4)
The water velocity in the pool and spa piping shall not
exceed 10 feet per second for discharge piping (except for copper pipe where
the velocity shall not exceed 8 feet per second), and 6 feet per second for
suction piping, and 1.5 feet per second velocity through suction grates unless
the suction outlet meets the requirements of ASME/ANSI A112.19.8M and is rated
under such standard at a higher flow rate. Pool and spa piping shall be sized
to permit the rated flows for filtering and cleaning without exceeding the
maximum head of the pump.
(5)
Circulation system piping, other than that integrally included
in the manufacture of the pool or spa, shall be subject to an induced static
hydraulic pressure test for 6 hours at a pressure 50% greater than the maximum
design operating pressure of the system or 25 pounds per square inch, whichever
is less. This test shall be performed before the deck is poured, and the pressure
shall be maintained throughout the deck pour.
(6)
The circulation system piping and fittings shall be non-toxic,
and shall be of material(s) able to withstand operating pressures and operating
conditions. Polyvinyl chloride pipe shall bear the NSFI seal for potable water
and be schedule 40 or stronger.
(7)
Pool or spa piping subject to damage by freezing shall
have a uniform slope in one direction and equipped with valves for adequate
drainage or shall be capable of evacuating water to prevent freezing and possible
damage. Pool or spa piping shall be adequately supported and designed to prevent
entrapment of air, water or dirt. Provision shall be made for expansion or
contraction of pipes.
(8)
Equipment shall be designed and fabricated to drain the
pool or spa water from the equipment, by removal of drain plugs and manipulating
valves, or by other methods.
(9)
Post-10/01/99 pools and spas shall be equipped with the
following:
(A)
a pump suction (vacuum) gauge installed as close to the
suction side of the pump as possible without sacrificing accuracy;
(B)
a filter inlet pressure gauge installed in the area of
greatest pressure;
(C)
a filter outlet gauge; and
(D)
a flow meter that is located to show the rate of flow through
the filter in gallons per minute and that is represented by the manufacturer
to be accurate within 10% of true flow and capable of measuring flow of at
least 1.5 times the design flow rate of the circulation system.
(c)
General circulation requirements for pre-10/01/99 pools
and spas. In pre-10/01/99 pools and spas, a circulation system consisting
of pumps, piping, return inlets, suction outlets, filters, and other necessary
equipment shall provide complete and uniform circulation of water and be designed
to maintain distribution of disinfectant through all parts of the pool or
spa.
(1)
Equipment in pre-10/01/99 pools shall be designed to provide
a turnover rate of 8 hours or less, providing a minimum turnover of at least
3 times in 24 hours. Water quality as required in §265.203(b) of this
title must be maintained at all times.
(2)
Equipment in pre-10/01/99 spas shall be designed to provide
a turnover rate of 30 minutes or less.
(3)
Equipment in pre-10/01/99 wading pools shall be designed
to provide a turnover rate of 1 hour or less unless the wading pool flows
by gravity to a pool, in which case the turnover requirements for the pool
shall apply to the wading pool.
(4)
Piping in pre-10/01/99 pools and spas shall be of non-toxic
material, resistant to corrosion and able to withstand operating pressures.
(5)
In pre-10/01/99 pools, a vacuum cleaning system shall be
provided. Any vacuum outlets in pre-10/01/99 pools and spas must comply with §265.190(g)
of this title.
(6)
Pumps on pre-10/01/99 pools and spas should be located
so as to eliminate the need for priming whenever possible. If the pump or
suction piping is located above the water level, the pump should be self-priming.
Under normal conditions, the pump or pumps should supply the circulation flow
rate at a dynamic head of at least 40 feet.
(7)
Pre-10/01/99 pools and spas shall be equipped with the
following:
(A)
a pump suction (vacuum) gauge installed as close to the
suction side of the pump as possible without sacrificing accuracy;
(B)
a filter inlet pressure gauge installed in the area of
greatest pressure;
(C)
a filter outlet gauge; and
(D)
a flow meter that is located to show the rate of flow through
the filter in gallons per minute and that is represented by the manufacturer
to be accurate within 10% of true flow and capable of measuring flow of at
least 1.5 times the design flow rate of the circulation system.
(d)
Labeling of exposed piping for post-10/01/99 and pre-10/01/99
pools and spas. Exposed piping in post-10/01/99 and pre-10/01/99 pools and
spas shall be labeled to identify the piping function and direction of flow.
The name of the liquid or gas and arrows indicating direction of flow, shall
be permanently indicated on the pipe.
§265.188.Filters at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Filters for post-10/01/99 pools and spas. Filters for post-10/01/99
pools and spas shall meet ANSI/NSFI Standard-50-1996.
(b)
Replaced filters for pre-10/01/99 pools and spas. When
equipment is replaced on pre-10/01/99 pools and spas, equipment falling within
the scope of ANSI/NSFI Standard-50-1996 shall meet that standard.
(c)
Filter design and operation for post-10/01/99 pools and
spas. Filters for post-10/01/99 pools and spas shall be designed so that after
cleaning according to the manufacturer's instructions the system provides
the water clarity noted in §265.203(b) of this title (relating to Operation
and Management of Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(d)
Filter accessibility for post-10/01/99 pools and spas.
Filters for post-10/01/99 pools and spas shall be installed so that filtration
surfaces are accessible for inspection and service in accordance with manufacturer's
instructions.
(e)
Filter and separation tank pressure release for post-10/01/99
pools and spas. Filters or separation tanks for post-10/01/99 pools or spas
shall have both manual and automatic means of air release that provide a slow,
safe release of pressure as a part of their design.
(f)
Filter and separation tank instructions for post-10/01/99
pools and spas. Filters and separation tanks for post-10/01/99 pools and spas
shall have operation and maintenance instructions permanently installed on
the filter or separation tank and shall include a warning statement not to
start up the system after maintenance without first opening the air release
and properly reassembling the filter and separation tank. The statement shall
be readily visible from the area of the air release and the start-up controls.
(g)
Observable waste discharge for post-10/01/99 pools and
spas. Filters for post-10/01/99 pools and spas shall be provided with a readily
observable free fall or sight glass installed on the waste discharge line
in order that the filter washing progress may be observed. Sight glasses shall
be readily removable for cleaning.
(h)
Backwashing for post-10/01/99 and pre-10/01/99 pools and
spas. Filters for post-10/01/99 and pre-10/01/99 pools and spas shall be backwashed
and maintained according to manufacturer's instructions.
§265.189.Pumps and Motors at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Safe pump operation for post-10/01/99 and pre-10/01/99
pools and spas. A pump for a post-10/01/99 or pre-10/01/99 pool or spa shall
not be operated if the owner or operator of the pool or spa knows or should
have known in the exercise of ordinary care the main drain grate, suction
outlet, or any suction outlet cover is missing, broken, or loose. If such
a condition exists the pool or spa shall be closed immediately and remain
closed until a proper repair or replacement has been accomplished.
(b)
Safe pump design and operation for post-10/01/99 pools
and spas. The design, construction and installation of the pump(s) and component
parts for post-10/01/99 pools and spas shall provide safe operation in accordance
with manufacturer's instructions. Pumps for post-10/01/99 pools and spas shall
comply with UL and/or NEMA requirements.
(c)
Backflow prevention or cross-connection control devices
for post-10/01/99 and pre-10/01/99 pools and spas. Any priming device for
a post-10/01/99 or pre-10/01/99 pool or spa pump receiving piped water from
a potable water supply shall be isolated from the potable supply by means
of a cross-connection control device (backflow prevention device) approved
by the TCEQ, the department, or state or local regulatory authority.
(d)
Pump and motor provided for circulation for post-10/01/99
and pre-10/01/99 pools and spas. A pump and motor shall be provided for circulation
of water in post-10/01/99 and pre-10/01/99 pools and spas. Performance of
all pumps for post-10/01/99 pools and spas shall meet the filter design range
of flow required for filtering as stated in §265.187(b)(1) of this title
(relating to Circulation Systems for Post-10/01/99 and Pre-10/01/99 Pools
and Spas) and cleaning the filters (if applicable) against the total dynamic
head developed by the complete system and to meet the clarity as required
in §265.203(b) of this title (relating to Operation and Management of
Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(e)
Cleanable strainer for post-10/01/99 pools and spas. Post-10/01/99
pools and spas, except those with a vacuum filter, shall have a cleanable
strainer or screen upstream of the circulation pump(s) to remove solids, such
as debris, hair, and lint, and shall be readily accessible and cleaned routinely.
(f)
Pumps and motors accessible for post-10/01/99 pools and
spas. Pumps and motors for post-10/01/99 pools and spas shall be accessible
for inspection and service in accordance with manufacturer's instructions.
(g)
Durable pump seal for post-10/01/99 pools and spas. Components
of mechanical pump seals for post-10/01/99 pools and spas shall be corrosion
resisting and capable of operating under conditions normally encountered in
pool or spa operation.
(h)
Pump valves for post-10/01/99 pools and spas. If the pump
for a post-10/01/99 pool or spa is below the design water level, valves shall
be installed on suction and discharge lines to enable maintenance and removal
of the pump without draining the pool or spa.
(i)
Motors for post-10/01/99 pools and spas. Motors for post-10/01/99
pools and spas shall comply with the following:
(1)
Motors shall have as a minimum an open, drip-proof enclosure
as defined by the National Electrical Manufacturers Association (NEMA) Standard
NEMA, MG1-1993, and be constructed electrically and mechanically to perform
satisfactorily and safely under the conditions of load and environment normally
encountered in pool or spa installations. Motors shall comply with UL requirements.
(2)
Motors shall be capable of operating the pump under full
load with a voltage variation of plus or minus 10% from the nameplate rating.
(3)
Motors shall have thermal or current overload protection,
either built in or in the line starter, to provide locked rotor and running
protection.
§265.190.Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Suction outlets for post-10/01/99 and pre-10/01/99 pools
and spas. Any suction outlet system for a post-10/01/99 or pre-10/01/99 pool
or spa circulation or filtration system, booster system, automatic cleaning
system, solar system, water feature, etc., must be designed to protect against
a suction entrapment, evisceration or hair entrapment/entanglement hazard
and must comply with this section. Drain covers do not need to be flush with
the floor. For the purpose of this section, skimmers are not considered to
be suction outlets.
(b)
Closure of post-10/01/99 and pre-10/01/99 pools and spas
if the suction outlet is defective. If the owner or operator of a post-10/01/99
or pre-10/01/99 pool or spa knows or should have known in the exercise of
ordinary care that a cover or grate of a suction outlet (including a vacuum
outlet) is missing, broken, or loose, the pool or spa must be closed immediately
and the pump(s) must be shut off. The pool or spa must remain closed until
a proper repair or replacement has been accomplished. The pool or spa may
not be opened unless all covers or grates are securely installed according
to subsection (c)(5) and subsection (g) of this section. Suction outlets must
have cover(s) complying with subsection (c)(1) or grate(s) complying with
subsection (c)(2) of this section, as well as covers for vacuum outlets complying
with subsection (g) of this section.
(c)
Approved suction outlet covers and grates in post-10/01/99
and pre-10/01/99 pools and spas. In post-10/01/99 and pre-10/01/99 pools and
spas, a suction outlet must be provided with an approved cover or approved
grate, as described below.
(1)
An approved cover is a suction outlet drain cover that:
(A)
is stamped showing that it has been certified by a nationally
recognized testing laboratory as being in compliance with ASME/ANSI A112.19.8M;
(B)
is stamped showing the gallons per minute approved by the
testing laboratory for the cover and the designation ASME/ANSI A112.19.8M;
(C)
does not have water flow through the cover that exceeds
the maximum gallons per minute approved for the drain cover under ASME/ANSI
A112.19.8M testing; and
(D)
complies with paragraph (5) of this subsection.
(2)
An approved grate is a suction outlet grate that:
(A)
has a minimum diagonal measurement of 24 inches;
(B)
has a flow velocity through the open area that does not
exceed 1.5 feet per second; and
(C)
complies with paragraph (5) of this subsection.
(3)
In a post-10/01/99 pool that has hydraulically balanced
main drains and meets all of the other requirements of this subsection, grates
that are 12 inches by 12 inches or greater may be used if no approved cover
is manufactured in that size, as long as the velocity through the open area
of the grate does not exceed 1.5 feet per second.
(4)
If a pre-10/01/99 pool has a drain cover or grate with
less than a 24 inch diagonal measurement and no approved cover is manufactured
and available, a cover or grate that is not approved may be used as long as
the velocity through the open area of the cover or grate does not exceed 1.5
feet per second.
(5)
The installation of all approved covers or grates must
be according to manufacturer's instructions. If the manufacturer specifies
fasteners, they must be stainless steel or brass.
(d)
Suction outlets in post-10/01/99 pools and spas. All post-10/01/99
pools and spas built after October 1, 2004, must comply with the following.
(1)
In post-10/01/99 pools and spas, at least two hydraulically
balanced suction outlets (suction fittings) with approved covers or approved
grates per pump suction line, must be provided for each suction line. Multiple
sets of pump suctions are permitted in two or more suction outlets as long
as they are hydraulically balanced and meet the requirements of subsection
(c) of this section. The distance between the drain covers or grates of the
suction outlet fittings must be no less than 3 feet and no more than 20 feet
apart. Suction outlets that are main drains shall be located at the lowest
point of the pool or spa floor. No means of isolating hydraulically balanced
suction outlets is permitted that could allow one suction outlet to serve
as the sole source of water to a pump. A single pipe to a pump suction inlet
that serves two or more suction outlets may have a valve to shut off the flow
to the pump.
(2)
In post-10/01/99 pools and spas, water velocity in pipes
in a pump-suction hydraulic system must not exceed 6 feet per second when
100% of the pump flow comes from the main drain system and any suction fitting
in the main drain system is completely blocked. When 100% of the pump flow
comes from the main drain system and one fitting is completely blocked, water
velocity and flow rate at the remaining suction fittings must comply with
the following.
(A)
if the fitting is a grate with at least a 24-inch diagonal
measurement, the velocity of the water at the grate may not exceed 1.5 feet
per second; and
(B)
if the fitting does not have at least a 24-inch diagonal
measurement, it must have an approved cover and the flow rate may not exceed
the approved flow rate for that cover.
(3)
Post-10/01/99 spas and pools that are 4 feet deep or less
measured from the normal water level to the suction outlet and that have covers
or grates that measure less than 24 inches diagonally, must also have a Safety
Vacuum Release System (SVRS). No SVRS may be installed to create an additional
hazard (such as chlorine gas release, electrical danger, etc.) in the event
of the deployment of the device. An SVRS is either an AVS or an SVRD, as defined
below.
(A)
An AVS is a system that provides indirect suction and a
break to the atmosphere and that is limited to 5 feet of head. An AVS is described
in the United States CPSC "Guideline for Addressing Potential Entrapment Hazards
Associated with Pools and Spas," Publication Number 363-009801. The vent of
an AVS must be at least 2 inches in diameter and if vented by pipe, it must
have a vent cover that may be removed only with a tool. Vent systems, other
than surge pits that do not have direct suction between the pool drain(s)
and pump and that are installed after October 1, 2004, must be:
(i)
a complete assembly that is engineered and manufactured
offsite;
(ii)
designed so that a 1/2-inch ball will not pass through
any vent opening; and
(iii)
installed and maintained so that the vent function will
not be impaired by accumulation of vegetation or soil or by improper installation
or maintenance of the vent system; or
(B)
An SVRD is a vacuum safety valve or pump shut-off device
that has been specifically designed and manufactured to help prevent entrapment
hazards, according to the manufacturer's description of the device, by either
cutting off electricity to the pump or allowing air to enter the main drain
line, or both after the main drain or other suction line becomes blocked.
(e)
Upgrading suction outlet system on pre-10/01/99 pools and
spas. No later than October 1, 2004, a pre-10/01/99 pool or spa shall have
an approved cover or approved grate on each suction outlet, except that a
vacuum outlet may be permanently sealed or have a cover that closes automatically
and can be opened only with a tool. If the manufacturer's installation instructions
require the use of nuts or bolts they must be stainless steel or brass. A
pre-10/01/99 pool or spa is required to be upgraded to comply with all other
provisions of either subsection (d) of this section or subsection (e)(1) or
(e)(2) of this section, as applicable no later than January 1, 2005.
(1)
In a pre-10/01/99 pool or spa, suction outlets that are
4 feet deep or less, as measured from the normal water level to the suction
outlet, must have for each suction system:
(A)
dual hydraulically balanced suction outlets with approved
covers as described in subsection (c)(1) or approved grates as described in
subsection (c)(4) of this section with a distance between the suction outlet
fittings no less than 3 feet and no more than 20 feet, and either an AVS or
SVRD as described in subsection (d)(3) of this section; or
(B)
a single suction outlet with an approved cover or a grate
with a minimum diagonal measurement of 24 inches and a flow velocity of 1.5
fps as described in subsection (c)(1), (c)(2) or (c)(4) of this section, and
either an AVS or an SVRD as described in subsection (d)(3) of this section;
or
(C)
dual hydraulically-balanced, suction outlets with a distance
between the suction outlet fittings no less than 3 feet and no more than 20
feet, each with a minimum diagonal measurement of 24 inches and a flow velocity
through the open area of the grate that does not exceed 1.5 feet per second.
(2)
In a pre-10/01/99 shallow pool or spa with water 3 feet
deep or less that has no main drains or other suction outlets and the water
turnover rate and the water quality required by these rules is maintained
by gravity drainage from the shallow pool to another deeper pool that has
a main drain, the shallow pool is not required to have a main drain, other
suction outlet or an SVRS, provided the deeper pool complies with these rules.
(3)
In a pre-10/01/99 pool or spa, suction outlets that are
more than 4 feet deep, as measured from the normal water level to the suction
outlets, must have, for each suction system:
(A)
two or more hydraulically-balanced suction outlets with
a distance between the suction outlet fittings no less than 3 feet and no
more than 20 feet, and with approved covers or grates as described in subsection
(c)(1), (c)(2) or (c)(4) of this section; or
(B)
a single suction outlet with an approved cover or approved
grate as described in subsection (c)(1), (c)(2) or (c)(4) of this section,
and either an AVS or an SVRD as described in subsection (d)(3) of this section.
(f)
Stainless steel or brass fasteners for drain covers and
grates in post-10/01/99 and pre-10/01/99 pools and spas. On a post-10/01/99
or pre-10/01/99 pool or spa, all suction outlet covers or grates must be designed
to be opened only with the use of a tool. If the manufacturer of the cover
or grate specifies that it should be installed with fasteners (e.g. screws
or bolts), the fasteners must be stainless steel or brass.
(g)
Vacuum outlets in post-10/01/99 and pre-10/01/99 pools
and spas. If a post-10/01/99 or pre-10/01/99 pool or spa has a vacuum outlet,
the outlet must be provided with a cover that automatically closes and automatically
latches and that is designed to be opened only with the use of a tool. The
cover must be installed according to manufacturer instructions and subsection
(f) of this section. The cover must be securely closed and latched when the
pool or spa is open for use. When a vacuum outlet is internally located in
a skimmer that has a cover, a separate cover for the vacuum outlet is not
required. If a vacuum outlet is provided in a post-10/01/99 pool or spa, it
must be located in an accessible position at least 12 inches and no greater
than 18 inches below the design water level or as an attachment to a skimmer.
If a vacuum outlet is provided in a post-10/01/99 or pre-10/01/99 pool or
spa, it may be permanently sealed in lieu of having a cover.
(h)
Skimmer lines in post-10/01/99 and pre-10/01/99 pools and
spas. If skimmer equalizer lines are installed in post-10/01/99 pools or spas
they must be installed with an approved equalizer wall or drain cover as described
in subsection (c) of this section. Skimmer equalizer lines in pre-10/01/99
pools and spas shall either be permanently sealed or fitted with an approved
equalizer wall or drain cover as described in subsection (c) of this section.
(i)
Automatic cleaners not operated while a post-10/01/99 or
pre-10/01/99 pool or spa is in use. In a post-10/01/99 or pre-10/01/99 pool
or spa, an automatic bottom or side cleaner that could provide a means of
entanglement or entrapment must not be in the pool or operated while the facility
is open for use.
(j)
Check valves in post-10/01/99 and pre-10/01/99 pools and
spas. Check valves may not be used in a post-10/01/99 or pre-10/01/99 pool
or spa except as provided in this subsection. Check valves may be used only
when there is no other manual or practical way of preventing drainage from
elevated pools or sections of pools. When check valves are used, they may
not be on the suction side of the pump, on any system that has single source
suction (excluding skimmers), or where the manufacturer of an SVRS that is
used on the system does not allow check valves.
(k)
Velocity in suction piping in pre-10/01/99 pools and spas.
In pre-10/01/99 pools and spas where the suction piping is not accessible,
water velocities in the piping may exceed 6 feet per second if:
(1)
the water velocity through a grate on any suction outlet
does not exceed 1.5 feet per second; and
(2)
the gallons per minute rating of an ANSI/ASME-approved
cover on any suction outlet is not exceeded by the gpm flow of the pool as
measured by the flow meter.
(l)
Replacement cover on hand for post-10/01/99 and pre-10/01/99
pools and spas. For post-10/01/99 and pre-10/01/99 pools and spas, a replacement
cover with stainless steel or brass fasteners (if fasteners are specified
by the manufacturer) must be kept on site. This subsection does not apply
to grates that are 24 inches or larger, measured diagonally.
(m)
Clearance beneath a main drain cover or grate for post-10/01/99
pools and spas. Clearance beneath a main drain cover or grate for post-10/01/99
pools and spas, must have a sump below the open area of a drain cover or grate
that meets the following:
(1)
clearance between the cover or grate and the closest part
of the suction pipe must be at least one and one half times the diameter of
the suction pipe or 8 inches, whichever is less; and
(2)
the sump must be below all of the open area of a drain
cover or grate; or
(3)
cover assemblies that do not connect directly to the circulation
piping must have either the manufacturer's recommended sump below the outlet
cover, or a field built sump of the design specified by the manufacturer.
(n)
Clearance beneath a main drain cover or grate for pre-10/01/99
pools and spas. Pre-10/01/99 pools and spas must have clearance below the
open area of a drain cover or grate that meets the following:
(1)
clearance between the cover or grate and the closest part
of the suction pipe must be equivalent to at least the diameter of the suction
pipe serving the suction outlet or 8 inches, whichever is less; or
(2)
cover assemblies that do not connect directly to the circulation
piping must have either the manufacturer's recommended sump below the outlet
cover, or a field built sump of the design specified by the manufacturer.
(o)
Return inlets in post-10/01/99 pools and spas. Return inlets
from the circulation system in post-10/01/99 and pre-10/01/99 pools and spas
must be designed to not constitute a hazard to the user. Return inlets in
post-10/01/99 pools and spas must comply with the following:
(1)
a post-10/01/99 pool must have one return inlet for each
300 square feet of surface area or portion thereof with a minimum of two return
inlets per pool. A spa must have one return inlet for each 150 square feet
of surface area or portion thereof with a minimum of two return inlets per
spa; and
(2)
return inlets in a post-10/01/99 pool or spas must not
project more than 1 inch beyond the pool or spa wall surface and must be submerged
at least 12 inches below the design water level. Return inlets in the pool
or spa bottom must be flush with the floor. Bottom inlets will be considered
to have an area of influence within a radius of 15 feet.
§265.191.Surface Skimming and Perimeter Overflow (Gutter) Systems for Post-10/01/99 Pools and Spas.
(a)
Surface skimming or perimeter overflow system required
for post-10/01/99 pools and spas. A surface skimming system or perimeter overflow
(gutter) system shall be designed and constructed to skim the surface of a
post-10/01/99 pool or spa when the water level is maintained within the operating
water level range of the system's rim or weir device.
(b)
Safe design of surface skimming or perimeter overflow system
for post-10/01/99 pools and spas. Surface skimmers and perimeter overflow
systems in post-10/01/99 pools and spas shall be designed and installed to
prevent body or limb entrapment. See §265.184(d) of this title (relating
to General Construction and Design for Post-10/01/99 Pools and Spas) regarding
equipment meeting any applicable NSFI Standard-50 standards.
(c)
Specific requirements for surface skimmer systems for post-10/01/99
pools and spas. Surface skimmer systems for post-10/01/99 pools and spas shall
comply with the following:
(1)
the return inlet(s) shall be located so as to help bring
floating particles within range of the skimmers;
(2)
if surface skimmers are used, they shall be located to
maintain effective skimming action throughout the pool or spa;
(3)
if surface skimmers are used in a pool as the sole overflow
system, at least one surface skimmer shall be provided for each 500 square
feet or fraction thereof of the water surface area (recessed areas such as
steps, and swimouts shall not be considered in the calculation);
(4)
if surface skimmers are used on a spa, one surface skimmer
shall be provided for each 150 square feet, or fraction thereof;
(5)
the circulation system shall be designed to handle 100%
of water flow through surface skimmers;
(6)
flow rate shall be no less than 3 gallons per minute per
skimmer per weir inch; and
(7)
skimmer covers located on a walking surface shall be securely
seated, slip-resistant, of sufficient strength to withstand normal deck use,
and not constitute a tripping hazard.
(d)
Specific requirements for perimeter overflow (gutter) systems
for post-10/01/99 pools and spas. Perimeter overflow (gutter) surface skimming
systems for post-10/01/99 pools and spas shall comply with the following:
(1)
if a perimeter overflow (gutter) surface-skimming system
is used as the sole surface skimmer system, the system shall extend around
a minimum of 50% of the perimeter of the pool or spa;
(2)
if a perimeter overflow (gutter) surface skimming system
is used, it shall be connected to the circulation system with a system surge
capacity not less than 1 gallon for each square foot of pool surface; gutter
as well as gutter piping capacity may be counted as surge capacity;
(3)
if a perimeter overflow (gutter) surface skimming system
is used in a spa, it shall be connected to the circulation system with a system
surge capacity not less than 2 gallons for each square foot of spa surface;
(4)
the hydraulic capacity of a perimeter overflow (gutter)
surface skimming system shall be capable of handling 100% of the circulation
flow; and
(5)
the operating water level for a perimeter overflow (gutter)
surface skimming system shall be slightly over the overflow (gutter) lip or,
in the case of surface skimmers, within the vertical operating range of the
skimmers.
§265.192.Electrical Requirements for Post-10/01/99 and Pre-10/01/99 Pools, Spas, Pool Yards, and Spa Yards.
(a)
National Electrical Code (NEC) for post-10/01/99 pools
and spas. Electrical equipment and lines at post-10/01/99 pools and spas and
at restrooms, equipment rooms and other facilities serving post-10/01/99 pools
or spas shall:
(1)
comply with the 1996 NEC if the pool or spa was constructed
between October 1, 1999 and October 1, 2004; or
(2)
comply with applicable provisions of this section, applicable
local electrical codes, and the 2002 NEC if the pool or spa was constructed
on or after October 1, 2004; or
(3)
comply with the local electrical code to the extent the
local electrical code is more restrictive than the NEC.
(b)
National Electrical Code (NEC) for pre-10/01/99 pools and
spas. Electrical equipment and lines at pre-10/01/99 pools and spas and at
restrooms, equipment rooms and other facilities serving pre-10/01/99 pools
and spas shall comply with applicable provisions of this section, local electrical
codes, and the NEC in effect on the original construction date of the pool
or spa. If a pool or spa was built before June 13, 1965, the pool shall comply
with good public health engineering and safety practices in effect at the
time, applicable local electrical codes, and subsections (d), (e), (f), (g),
(i), (j), (k), (l), and (m) of this section to the extent they are applicable
to pre-10/01/99 pools.
(c)
National testing for electrical equipment for post-10/01/99
pools and spas. Electrical equipment for post-10/01/99 pools and spas shall
be approved by a nationally recognized electrical testing laboratory, such
as UL, at the time of installation, evidenced by the listing or labeling on
the equipment. Junction boxes shall comply with applicable provisions of UL-1241
regarding Junction Boxes for Swimming Pool Fixtures at the time of installation.
Pumps, filters, and chlorinators shall comply with UL-1081 regarding Swimming
Pool Pumps, Filters and Chlorinators, at the time of installation.
(d)
Manufacturer's instructions for proper installation in
post-10/01/99 and pre-10/01/99 pools and spas. Electrical equipment and related
electrical components for post-10/01/99 and pre-10/01/99 pools and spas shall
comply with the manufacturer's installation instructions for such equipment
and components.
(e)
Ground fault circuit interrupters in post-10/01/99 and
pre-10/01/99 pools and spas. Each electrical outlet in the pool yard or spa
yard of a post-10/01/99 or pre-10/01/99 pool or spa and in a dressing or sanitary
facility serving a post-10/01/99 or pre-10/01/99 pool or spa shall be protected
with a ground fault circuit interrupter (commonly referred to as a "GFI" or
"GFCI"). Each electrical line to an underwater light in a post-10/01/99 or
pre-10/01/99 pool and spa shall be protected with a ground fault circuit interrupter
that is located in the circuit breaker for the light at the breaker box or
in an outlet through which the power for the light passes.
(f)
If a switch that serves lights or equipment (other than
pumps and underwater lights) in a post-10/01/99 or pre-10/01/99 pool or spa
is between 5 and 10 feet from the wall of the pool or wall of the spa, each
electrical line to such switch shall be grounded and shall have a ground fault
circuit interrupter located:
(1)
in the circuit breaker for the light;
(2)
in the equipment circuit that powers the switch at the
breaker box; or
(3)
in an outlet through which the power for the switch passes.
All ground fault circuit interrupters and circuit breakers shall comply with
2002 NEC requirements. Other electrical equipment, including pumps, must be
grounded in accordance with subsection (g) of this section.
(g)
Bonding and grounding in post-10/01/99 and pre-10/01/99
pools and spas. To reduce electrical shock, electrical equipment serving a
post-10/01/99 or pre-10/01/99 pool or spa shall be grounded according to ANSI/UL
1563-1995 "Standard for Electric Hot Tubs, Spas and Associated Equipment"
and the 2002 NEC. All post-10/01/99 pools shall comply with applicable bonding
and grounding requirements of the 2002 NEC. All post-10/01/99 spas and hot
tubs shall comply with bonding and grounding requirements of ANSI/UL 1563-1995
"Standard for Electric Hot Tubs, Spas and Associated Equipment. Pumps in post-10/01/99
and pre-10/01/99 pools and spas shall be both internally and externally grounded.
If a pool or spa was built between October 1, 1999 and October 1, 2004, and
if the 2002 NEC requirements referred to in subsection are more restrictive
than the 1996 NEC, the 1996 NEC requirements shall apply.
(h)
Plastic-coated or epoxy-coated rebar in pools or spas constructed
on or after October 1, 2004, shall not be used.
(i)
Electrical line clearances for post-10/01/99 and pre-10/01/99
pools, spas, pool yards, and spa yards. For post-10/01/99 and pre-10/01/99
pools, spas, pool yards and spa yards, electrical line clearances shall comply
with the following:
(1)
overhead lines above post-10/01/99 pools and spas. Insulated
overhead electrical lines above a post-10/01/99 pool or spa may pass no closer
than 22.5 feet to the water surface, deck, or permanently-anchored raft of
the pool or spa as required in the 2002 NEC and may pass no closer than 14.5
feet to the top of an observation stand, tower, diving platform, or diving
board as required in the 2002 NEC. However, such lines may pass as low as
20 feet above the water surface, deck, or permanently anchored raft of the
post-10/01/99 pool or spa if the pool or spa was built between October 1,
1999 and October 1, 2004. Non-insulated overhead electrical lines may pass
no closer to the pool or spa than the distances required in the 2002 NEC.
A neutral wire for residential-type service is not considered a line for purposes
of this subsection;
(2)
overhead lines above post-10/01/99 pool yards and spa yards.
Insulated overhead electrical lines may pass no closer than 20 feet to other
surfaces of a pool yard or spa yard of a post-10/01/99 pool or spa. Non-insulated
overhead electrical lines above such other surfaces may pass no closer than
the distances required in the 2002 NEC. A neutral wire for residential-type
service is not considered a line for purposes of this subsection;
(3)
overhead lines above pre-10/01/99 pools and spas. Insulated
overhead electrical lines above a pre-10/01/99 pool or spa may pass no closer
than 20 feet to the deck, water surface, or permanently-anchored raft of the
pool or spa and may pass no closer than 14.5 feet to the top of an observation
stand, tower, diving platform or diving board. Non-insulated overhead electrical
lines may pass no closer to the pool or spa than the distances required in
the 2002 NEC, unless the NEC in effect at the time of original construction
of the pool or spa expressly allowed for a closer distance. A neutral wire
for residential-type service is not considered a line for purposes of this
subsection;
(4)
overhead lines above pre-10/01/99 pool yards and spa yards.
Insulated overhead electrical lines may pass no closer than 20 feet to other
surfaces of a pool yard or spa yard of a pre-10/01/99 pool or spa. Non-insulated
overhead electrical lines above such other surfaces may pass no closer than
the distances required in the 2002 NEC, unless the NEC in effect at the time
of original construction of the pool or spa expressly allowed a closer distance.
A neutral wire for residential-type service is not considered a line for purposes
of this subsection; and
(5)
non-overhead lines. Non-overhead electrical lines that
are inside a pool yard or spa yard or within 20 feet outside the perimeter
of the pool yard or spa yard:
(A)
shall be at least 5 feet from the edge of the water in
the pool or spa (except for lines serving underwater or overhead lighting);
and
(B)
shall, to the point of connection with an overhead lines,
be either underground, encased in concrete, or completely inside a wall, building
or conduit.
(j)
Electrical disconnects for service personnel in post-10/01/99
and pre-10/01/99 pools and spas. Electrical disconnecting means for the protection
of service personnel for post-10/01/99 and pre-10/01/99 pool and spa equipment
shall be accessible for service personnel, located within sight from the pool
or spa equipment, and located at least 5 feet from the inside walls of the
pool or spa as required by the 2002 NEC, Chapter 6, §680.12 - Disconnecting
Means. Each disconnecting means (i.e., turn-off switch) shall disconnect all
ungrounded conductors (hot wires) to the equipment it serves. For example,
a switch serving a 220-volt pump motor shall be able to turn off both hot
wires at the same time. If electricity to equipment is supplied through a
line that plugs into an outlet and if the line may be disconnected by removing
the plug from the outlet, a separate disconnect switch is not required for
that equipment.
(k)
Location of other electrical equipment for post-10/01/99
and pre-10/01/99 pools and spas. Electrical equipment, including switches,
outlets, deck lights, pumps, and other electrical equipment at post-10/01/99
and pre-10/01/99 pools and spas, shall be located at least 10 feet from the
inside wall of a post-10/01/99 pool or spa unless:
(1)
the electrical equipment is at least 5 feet from the wall
of the pool or spa and is separated from the pool or spa by a solid fence,
wall or other permanent barrier at least 4 feet in height; or
(2)
the electrical equipment is at least 5 feet from the wall
of the pool or spa and:
(A)
consists of only one outlet for an electrical line that
is grounded, has a ground fault circuit interrupter, and has a locking mechanism
covering the outlet;
(B)
consists of one or more switches serving electrical lines
that are grounded and that have ground fault circuit interrupter protection
that is located in the circuit breaker for the equipment at the breaker box
or in an outlet through which the power for the equipment passes; or
(C)
consists of an electrical device other than an outlet or
switch and complies with applicable NEC requirements at the time of installation.
(l)
Emergency shutoff switch for post-10/01/99 and pre-10/01/99
pools and spas. On post-10/01/99 and pre-10/01/99 pools, a pump shutoff switch
for use by pool users is not required. On post-10/01/99 and pre-10/01/99 spas,
a pump shutoff switch for use by spa users is required and shall be:
(1)
clearly labeled as "Emergency Spa Shutoff";
(2)
located within sight of the spa, or, there shall be a sign
visible from the spa, in letters at least 1 inch tall, stating the location
of the emergency shutoff switch;
(3)
readily accessible to spa users;
(4)
not behind a locked door or gate; and
(5)
located no closer than 5 feet from the spa unless the switch
is a non-electrical air switch.
(m)
Electrical inspections during construction of post-10/01/99
pools and spas. The owner of a post-10/01/99 pool or spa constructed after
October 1, 2004, shall have an electrician licensed in this state conduct
a minimum of two inspections during and after the construction of a pool or
spa to ensure that all electrical facilities serving the pool or spa are constructed
in compliance with this section. The first inspection shall be conducted to
assure proper bonding of the pool or spa shell prior to the concrete pour
and another inspection shall be conducted after all electrical equipment is
installed and operating and prior to opening the facility to users. The inspections
may be done by the licensed electrician who installs the bonding and grounding
equipment or by a governmental inspector who is a licensed electrician.
(n)
Electrical safety of underwater lights in post-10/01/99
and pre-10/01/99 pools and spas. Underwater lights are not required in post-10/01/99
and pre-10/01/99 pools and spas. If the lights have no epoxy insulation, have
cracked insulation, have spliced connection cords, or have been modified in
violation of an applicable electrical code they shall be replaced with lights
complying with this section.
§265.193.Heating of Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Certification of heaters or boilers for post-10/01/99 and
pre-10/01/99 pools and spas. If required by TDLR, both post-10/01/99 and pre-10/01/99
pool and spa heaters or boilers shall have a current certificate of operations
from the TDLR. In addition, all pool and spa heater installation and energy
sources for post-10/01/99 pools and spas shall be designed, constructed and
operated to comply with applicable local, state, or federal codes or standards
as well as the manufacturer's instructions.
(b)
Heater installation and testing for post-10/01/99 pools
and spas. Heaters using fossil fuels, such as natural gas, liquid petroleum
gas, No. 2 fuel oil, or electricity for heating water for post-10/01/99 pools
and spas and shall comply with the following:
(1)
heaters shall comply with ANSI Z21.56-1994, Standards for
Gas-Fired Heaters, or for electrical heaters UL 1261-1992, or UL 559-1985
for heat pumps and shall comply with 30 TAC, TCEQ Chapter 117, Control of
Air Pollution from Nitrogen Compounds, Subchapter D, Small Combustion Sources,
at the time of construction of the pool or spa, including requirements related
to ASME ratings and low NOx emissions;
(2)
heaters shall be installed on a surface with sufficient
structural strength to support the heater when it is full of water and operating.
The heater shall be level and stationary after plumbing, gas and/or electrical
connections are completed;
(3)
heaters requiring a non-combustible surface per the manufacturer,
shall be placed on a concrete or other accepted surface in accordance with
ANSI Z21.56-1994 Gas-Fired Heaters;
(4)
heaters shall be installed and maintained with at least
the minimum clearances to combustibles for which the heater has been tested
as specified by the manufacturer;
(5)
heaters shall have adequate ventilation in order to ensure
proper operation;
(6)
heaters shall be grounded and bonded to reduce electrical
shock hazard;
(7)
heaters shall be wired to ensure they will not turn on
when the pump is off; and
(8)
water flow through heaters, bypass plumbing installed,
cross-connection protection, and heat sinks shall be installed in accordance
with manufacturer and TCEQ specifications or the department or other state
or local regulatory authority.
(c)
Temperature and thermometer for post-10/01/99 and pre-10/01/99
spas. The following shall apply to post-10/01/99 and pre-10/01/99 spas.
(1)
The maximum temperature of the water shall not exceed 104
degrees Fahrenheit (40 degrees Centigrade).
(2)
A break-resistant thermometer (plus or minus 1 degree Fahrenheit
tolerance) that is designed for use in spas shall be available for spa users
and staff to monitor spa temperature; and
(3)
The control for the temperature of the water in the spa
shall not be accessible to the spa user.
(d)
Heating energy source for post-10/01/99 pools and spas.
The heating energy source for post-10/01/99 pools and spas shall comply with
the following:
(1)
pool and spa heater energy sources shall be designed, constructed
and operated to comply with applicable local, state, or federal codes or standards
as well as the manufacturer's instructions;
(2)
the natural gas energy supply piping shall comply with
manufacturer's instructions and ANSI Z223.1-1996-National Fuel Gas Code;
(3)
gas lines shall have a gas cock, properly sized and readily
accessible outside the jacket, to stop the flow of natural gas for heater
service or emergency shutdown;
(4)
where liquid petroleum gas appliances are used, they shall
be installed in accordance with ANSI/NFPA 58-1998-Storage and Handling of
Liquefied Petroleum Gases;
(5)
the storage tank, supply piping and regulator shall be
adequately sized to ensure operating fuel pressures as specified by the appliance
manufacturer; and
(6)
propane appliances located in a pit or enclosed area shall
be installed in accordance with ANSI/NFPA 58-1998 standards.
§265.194.Pool or Spa Water Supply for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Initial fill water for post-10/01/99 and pre-10/01/99 pools
and spas. The water supply used to fill a post-10/01/99 or pre-10/01/99 pool
or spa shall be from a potable water system that meets applicable standards
of 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations
for Public Water Systems, or meets the approval of the department or local
regulatory authority, or is from a pre-10/01/99 pool's water that meets or
exceeds all relevant conditions in this standard.
(b)
Make-up water source for post-10/01/99 and pre-10/01/99
pools and spas. In a post-10/01/99 or pre-10/01/99 pool or spa, water added
to maintain the pool or spa water level, water used as vehicle for disinfectants
or chemicals, and water used for pump priming shall be potable water from
a water system meeting applicable standards of 30 TAC, Chapter 290, Public
Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems
or local regulatory authority or shall be water from the pool or spa itself.
(c)
No direct connection to wastewater system for post-10/01/99
and pre-10/01/99 pools and spas. In a post-10/01/99 or pre-10/01/99 pool or
spa, no direct mechanical (hard) connection shall be made between the pool
or spa, chlorinating equipment, or the system of piping for the pool or spa
and between the sanitary sewer system, septic system or other wastewater disposal
system.
(d)
Fill spout for post-10/01/99 pools and spas. An over-the-rim
spout, if used in a post-10/01/99 pool or spa, shall be located under a diving
board, adjacent to a ladder, or otherwise properly shielded so as not to create
a trip or other hazard. Its open end shall have a secured soft pliable end
(for example, a short section of a rubber hose) to prevent injury to patrons
and shall not protrude more than 2 inches beyond the edge of the pool or spa.
The end of the soft pliable outlet shall be separated from the maximum possible
pool or spa water level by an air gap at least two times the diameter of the
pipe. Other methods for addition of water to the pool may be used as long
as cross-connections control and other safety considerations are adequately
addressed.
(e)
Fill spout for pre-10/01/99 pools and spas. An over-the-rim
spout, if used in a pre-10/01/99 pool or spa, shall have a secure soft pliable
end (for example, a short section of rubber hose) to prevent injury to patrons
and shall not protrude more than 2 inches beyond the edge of the pool or spa.
The end of the soft pliable outlet shall be separated from the maximum possible
pool or spa water level by an air gap at least two times the diameter of the
pipe.
§265.195.Drinking Water at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Potable water source for post-10/01/99 and pre-10/01/99
pools and spa facilities. The water supply serving a post-10/01/99 or pre-10/01/99
pool or spa facility, such as drinking water fountains, plumbing fixtures,
lavatories and showers shall be a potable water system and shall meet applicable
standards of 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules
and Regulations for Public Water Systems.
(b)
No cross-connections at post-10/01/99 and pre-10/01/99
pools and spas. At a post-10/01/99 or pre-10/01/99 pool or spa, no direct
mechanical connection shall be made between the potable water supply and the
pool or spa, chlorinating equipment, or the system of piping for the pool
or spa, unless it is protected against cross-connection in a manner in compliance
with 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations
for Public Water Systems, §290.44(h) of this title (relating to Water
Distribution) concerning back siphonage or local regulatory authority.
(c)
Drinking water fountain for post-10/01/99 pools and spas.
At least one drinking fountain shall be provided and available to users at
a post-10/01/99 pool or spa. The drinking water may be tap water or chilled
water.
(d)
Location of waterlines for post-10/01/99 pools and spas.
Location of water lines, in relation to wastewater lines, at a post-10/01/99
pool or spa facility shall be in compliance with 30 TAC, Chapter 290, Public
Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems, §290.44(e)
of this title concerning location of waterlines or local regulatory authority.
§265.196.Waste Water Disposal at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Filter backwash disposal for post-10/01/99 and pre-10/01/99
pools and spas. Filter backwash water and pool or spa drainage water from
post-10/01/99 and pre-10/01/99 pools and spas shall be discharged or disposed
of in accordance with the requirements of TCEQ or local regulatory authority.
(b)
No direct connection between a wastewater system and a
post-10/01/99 or pre-10/01/99 pool or spa. There shall be no direct physical
connection between a wastewater disposal system and a drain or recirculation
system of a post-10/01/99 or pre-10/01/99 pool or spa. Backwash water or pool
and spa draining water, shall be discharged through an air gap formed by positioning
the discharge pipe opening at least two pipe diameters above the overflow
level of any confining barriers that could cause flooding and submergence
of the discharge opening, in the event that the disposal system should fail
or by other means in accordance with TCEQ or other local regulatory requirements.
Splash screening barriers are permitted as long as they do not destroy air
gap effectiveness.
(c)
Location of on-site sewage facility wastewater disposal
lines for post-10/01/99 and pre-10/01/99 pools and spas. The location of on-site
sewage facility wastewater disposal lines at a post-10/01/99 or pre-10/01/99
pool or spa shall be in compliance with 30 TAC, Chapter 285, On-site Sewage
Facilities, Subchapter D, Planning, Construction and Installation Standards
for OSSF's, §285.31 (relating to Selection Criteria for Treatment and
Disposal Systems) or local regulatory requirements.
(d)
Location of other wastewater disposal facilities or lines
for post-10/01/99 and pre-10/01/99 pools and spas. The location of other wastewater
disposal facilities or lines at a post-10/01/99 or pre-10/01/99 pool or spa
shall meet applicable standards of the 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 Post-10/01/99 and Pre-10/01/99
Sources of Pollution or local regulatory authority if local regulations are
more strict.
§265.197.Disinfectant Equipment and Chemical Feeders for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Disinfectant equipment and practices at post-10/01/99 and
pre-10/01/99 pools and spas. Disinfectant equipment and practices at post-10/01/99
and pre-10/01/99 pools and spas shall comply with the following:
(1)
disinfectant equipment, installation, and use shall comply
with ANSI/NSFI-50-1996, "Circulation System Components and Related Materials
for Swimming Pools, Spas/Hot Tubs";
(2)
disinfectant feed systems shall have the capacity to maintain
up to 5 parts per million chlorine or approved equivalent for outdoor pools
and up to 3 parts per million chlorine or approved equivalent for indoor pools,
under all conditions of intended use. The disinfectant feed system at a post-10/01/99
outdoor spa shall have the capacity to maintain up to 8 parts per million
chlorine or approved equivalent and up to 5 parts per million chlorine or
approved equivalent in a post-10/01/99 indoor spa;
(3)
chlorine or bromine residual or other method of disinfectant
approved by the department shall be maintained in the pool or spa water to
meet the requirements of §265.204(a) of this title (relating to Water
Quality at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Disinfection equipment
shall be selected and installed so that continuous and effective disinfection
can be achieved under all conditions. The use of elemental gas chlorine shall
be in compliance with §265.198 of this title (relating to Gas Chlorination
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(4)
the pool or spa water shall be continuously disinfected
by a disinfecting agent whose residual can be easily measured by simple and
accurate field tests;
(5)
personnel responsible for the operation of the disinfection
agent and other potentially hazardous chemicals shall be properly trained.
Protective equipment and clothing, including rubber gloves and goggles, and
any other protective gear and safety information shall be provided;
(6)
disinfection agents or other chemicals and feed equipment
shall be stored in such a manner that pool and spa users shall not have access
to such facilities and/or chemicals. Dry chemicals shall be stored off the
floor in a dry, above ground level room and protected against flooding or
wetting from floors, walls, and ceiling;
(7)
all chemical bulk and day tanks shall be clearly labeled
to indicate the tank's contents;
(8)
solution containers shall be provided with a cover to prevent
the entrance of dust, insects, and other contaminants;
(9)
chlorine compounds shall not be stored in the same area
as petroleum products as required in §§295.1-295.8 and 295.10 of
this title (relating to Hazardous communications);
(10)
chlorine, pH or other chemical control equipment that
automatically adjusts chemical feed based on demand, shall be provided if
needed in order to meet §265.204(a) of this title (relating to Required
Water Quality at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(11)
if ancillary non-chlorine or non-bromine disinfectants
are used, they shall be used in addition to chlorine or bromine or other approved
equivalent, see §265.204(a) of this title;
(12)
disinfectant agents for pools and spa shall be registered
for use by the United States Environmental Protection Agency;
(13)
supplemental hand feeding of disinfectant or other chemicals
directly into the pool or spa must not be done when the pool or spa is occupied
by users; and
(14)
pool and spa skimmer baskets shall not be used as chemical
feeders.
(b)
Chemical feeders at post-10/01/99 and pre-10/01/99 pools
and spas. Chemical feeders at post-10/01/99 and pre-10/01/99 pools and spas
shall:
(1)
be installed, maintained and operated in accordance with
the manufacturer's instructions;
(2)
be installed so that the gas or solution is introduced
downstream from the filter and heater and, if possible, at a point lower than
the heater outlet fitting or according to manufacturer's instructions;
(3)
incorporate failure-proof features so that the chemical
cannot feed into the pool or spa, the pool or spa piping system, water supply
system, or the pool and spa enclosure if equipment or power fails. Chemical
feed pumps shall be wired so they cannot operate unless there is adequate
return flow to properly disburse the chemical throughout the pool or spa as
designed;
(4)
be regulated to ensure constant feed with varying supply
or back pressure;
(5)
be designed to prevent siphoning from the recirculation
system to the solution container and to prevent the siphoning of the chemical
solution into the pool or spa;
(6)
have a graduated and clearly marked dosage adjustment to
provide flows from full capacity to 10% of such capacity. The device shall
be capable of continuous delivery within 10% of the dosage at any setting;
(7)
be provided with make-up water supply lines to chemical
feeder solution containers that have an air gap or other acceptable cross-connection
control; and
(8)
comply with ANSI/NSFI-50-1996 "Circulation System Components
and Related Materials for Swimming Pools, Spas/Hot Tubs" except as otherwise
noted in §265.190(h) of this title (relating to Suction Outlets and Return
Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Chemicals used in
a disinfection system for a post-10/01/99 or pre-10/01/99 pool or spa should
be those complying with the instructions of the system's manufacturer and
shall not be of a type or used in a manner that would invalidate the ANSI/NSFI-50-1996
rating for the system equipment.
§265.198.Gas Chlorination for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Gas chlorination equipment shall not be installed on post-10/01/99
pools or spas constructed after October 1, 2004.
(b)
Post-10/01/99 pools and spas constructed before October
1, 2004, and pre-10/01/99 pools and spas using gas chlorination shall comply
with the following:
(1)
trained personnel shall be provided to comply with §265.197(b)(3)
of this title (relating to Disinfectant Equipment and Chemical Feeders for
Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(2)
two persons trained in the performance of routine chlorination
operation and emergency procedures shall be readily available during normal
operating hours;
(3)
pool personnel shall be informed about leak control procedures;
(4)
only trained designated personnel shall operate the chlorinator
and change chlorine cylinders; and
(5)
chlorination equipment shall be located so that failure
or malfunction will have minimum effect on evacuation of pool users in an
emergency.
(c)
Chlorinators on post-10/01/99 pools and spas constructed
before October 1, 2004, and pre-10/01/99 pools and spas. On post-10/01/99
pools and spas constructed before October 1, 2004, and pre-10/01/99 pools
and the spas the chlorinator's regulator shall attach to the gas cylinder
so that the injector is located at the point of injection. The vacuum line
taking suction at the regulator shall deliver gas to the vacuum injector.
They shall be designed to prevent the suction of water into the chlorination
system if the booster pump fails to operate.
(d)
Booster pumps on post-10/01/99 pools and spas constructed
before October 1, 2004, and pre-10/01/99 pools and spas. The booster pump
water supply for the gas chlorinator injector on post-10/01/99 pools and spas
constructed before October 1, 2004, and pre-10/01/99 pools and spas shall
be capable of producing the flow rate and pressure required by the manufacturer's
instructions for proper operation of the equipment.
(1)
Elemental chlorine feeders (chlorinators) shall be activated
by a booster pump using recirculated water supplied via the recirculation
system.
(2)
The booster pump shall be interlocked to the filter pump
to prevent feeding of chlorine when the recirculation pump is not running.
(e)
Housing of chlorinators, cylinders of chlorine and associated
equipment at post-10/01/99 pools and spas constructed before October 1, 2004,
and pre-10/01/99 pools and spas. The chlorinator, cylinders of chlorine, and
associated equipment at post-10/01/99 pools and spas constructed before October
1, 2004, and pre-10/01/99 pools and spas shall be housed in a separate corrosion-resistant
reasonably gas-tight room with a floor area adequate to the purpose. The following
shall apply to housing structures:
(1)
all enclosures shall be located at or above ground level;
(2)
the enclosure shall:
(A)
have ducts from the bottom of the enclosure to the atmosphere
in an unrestricted area, and a motor-driven louvered exhaust fan capable of
producing at least one air change per minute near the top of the enclosure
for admitting fresh air; or
(B)
have negative pressure ventilation as long as the facility
also has gas containment and treatment equipment and procedures as prescribed
by the Uniform Fire Code (UFC).
(3)
a warning sign shall be posted on the exterior side of
the doors that states in 4-inch letters, "DANGER CHLORINE";
(4)
the doors to the chlorine room shall open away from the
pool and open outward and have panic hardware;
(5)
electrical switches for the control of artificial lighting
and ventilation shall be on the outside of the enclosure adjacent to the door.
Adequate lighting shall be provided;
(6)
at least one door shall have a view port to permit the
operators to look into the room before entering; and
(7)
the door shall be kept locked when the chlorine room is
not being serviced.
(f)
General gas chlorine safety features at post-10/01/99 pools
and spas constructed before October 1, 2004 and pre-10/01/99 pools and spas.
The following gas chlorination safety features shall be required at post-10/01/99
pools and spas constructed before October 1, 2004 and pre-10/01/99 pools and
spas.
(1)
Two full-face self-contained breathing apparatus (SCBA)
or supplied air respirators that meet Occupational Safety and Health Administration
(OSHA) or Mine Safety Health Administration (MSHA) standards shall be provided
for protection against chlorine in the event of a leak. This equipment shall
have sufficient capacity for the purpose intended. All applicable local, state
or federal requirements concerning the proper handling of chlorine shall be
followed.
(2)
Containers may be stored indoors or outdoors. Full and
empty cylinders shall be segregated and appropriately tagged. Cylinders, empty
or full, shall always be stored in an upright position and properly secured.
Cylinders shall be chained to a wall or scale support. Storage conditions
shall:
(A)
minimize external corrosion;
(B)
be clean and free of trash;
(C)
be away from elevator shafts or intake vents; and
(D)
be away from elevated temperatures or heat sources;
(3)
Chlorine cylinders shall be handled with care. Valve protection
and outlet caps shall be in place at all times except when the cylinder is
connected for use. Cylinders shall not be dropped and shall be protected from
falling objects. Cylinders shall be used on a first-in, first-out basis. Post-10/01/99,
approved washers shall be used each time a cylinder is connected;
(4)
As soon as a container is empty, the valve shall be closed
and the lines disconnected. The outlet cap shall be applied promptly and the
valve protection hood attached. The open end of the disconnected line shall
be plugged or capped promptly to keep atmospheric moisture out of the system.
A chlorine valve shut off wrench shall be kept on the cylinder valve stem
of the cylinder that is in use;
(5)
Contents of a chlorine cylinder can be determined only
by weight; therefore, facilities shall include a scale suitable for weighing
the cylinders. Changing cylinder(s) shall be accomplished only after weighing
proves contents of cylinder to be exhausted. Care shall be taken to prevent
water suck-back into the cylinder by closing the cylinder valve;
(6)
The telephone number of the chlorine supplier, and the
fire department or agency trained in the handling of chlorine spills shall
be posted on the outside of the chorine room door. In the event of a chlorine
leak, the fire department or an agency trained in the handling of chlorine
spills shall be immediately contacted.
(7)
The chlorinator and all line and tank fittings shall be
checked for leaks at regular intervals and after every tank exchange. A small
bottle of fresh ammonia solution (or approved equivalent) for testing for
chlorine leakage shall be provided and accessible outside the chlorinator
room when chlorine gas is used; and
(8)
Tanks and cylinders shall be secured as necessary to prevent
spills.
§265.199.Specific Safety Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Handholds and coping for post-10/01/99 and pre-10/01/99
pools and spas. A post-10/01/99 pool or spa shall be provided with a handhold
around its perimeter in areas where depths exceed 42 inches and there is no
seat bench, swimout, or lounge area below the perimeter area in question.
Handholds shall be provided no farther apart than 2 feet to include, but not
limited to, one or a combination of the following items:
(1)
handholds for post-10/01/99 and pre-10/01/99 pools may
be coping, rope, railing, ledge, deck, or similar construction along the immediate
top edge of the pool that provides a slip-resistant surface or grip and shall
be at least 4 inches minimum horizontal width and located at or not more than
9 inches above the design water level. Any overhang of coping or decking shall
not exceed 2 inches;
(2)
coping overhang in post-10/01/99 and pre-10/01/99 pools
shall be continuous without breaks or notches (other than slight indentations
by masonry joints);
(3)
coping in post-10/01/99 and pre-10/01/99 pools shall be
rounded at the edge closest to the water with the rounding having a radius
of at least 1/16 inch; and
(4)
ladders, steps, and seat ledges for post-10/01/99 pools
shall be constructed in accordance with §265.186(b) of this title (relating
to Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment at Post-10/01/99
and Pre-10/01/99 Pools and Spas).
(b)
Float lines and floor markings for post-10/01/99 and pre-10/01/99
pools. Float lines with floats and floor markings for a post-10/01/99 and
pre-10/01/99 pools shall comply with the following:
(1)
in post-10/01/99 and pre-10/01/99 Class A and B pools over
5 feet deep:
(A)
the transition point of the pool from the from the shallow
area to the deep area of the pool shall be visually set apart with a 4-inch
minimum width row of floor tile, a painted line, or similar means using a
color contrasting with the bottom; and
(B)
a rope and float line shall be provided between 1 foot
and 2 feet on the shallow side of the 5-foot depth along and parallel to this
depth from one side of the pool to the other side. The floats shall be spaced
at not greater than 7-foot intervals; and the floats shall be secured so they
will not slide or bunch up. The stretched float line shall be of sufficient
size and strength to offer a good handhold and support loads normally imposed
by users. If the owner or operator of the pool knows or should have known
in the exercise of ordinary care that a rope or float is missing, broken,
or defective, the problem shall be promptly remedied.
(2)
in post-10/01/99 and pre-10/01/99 Class C pools over 5
feet deep, the transition point of the pool from the shallow area to the deep
area of the pool shall be visually separated by a 4-inch minimum width row
of floor tile, a painted line, or similar means using a color contrasting
with the bottom; and
(3)
if rope and float lines are provided in post-10/01/99 or
pre-10/01/99 pools, they shall be securely fastened to wall or deck anchors
of corrosion-resisting materials and of the type that is recessed or removable
and shall have no projection that will constitute a hazard when the line is
removed.
(c)
Depth markers for post-10/01/99 pools. Post-10/01/99 pools
shall have markers showing depth and unit of measurement for the depth, complying
with the following:
(1)
Depth markers on both sidewalls and decks of the pool shall;
(A)
indicate the pool depth from the design water level to
the floor of the pool according to a vertical measurement taken 3 feet from
the pool wall;
(B)
be a minimum of 4 inches in height (measured vertically
on a sidewall and horizontally on a deck);
(C)
be of contrasting color to the background on which they
are applied;
(D)
have permanent colors for the numbers, units, and background
of the marker;
(E)
placed at 2-foot increments of depth in the shallow and
deep ends of the pool, and be uniformly installed around a pool to the extent
practical;
(F)
be spaced at distances not greater than 25-foot intervals,
and with a minimum of at least one marker per pool side;
(G)
be placed at the maximum and minimum points of depths and
at the 5-foot depth of a pool over 5 feet deep;
(H)
designate the depth, on irregularly shaped pools, at all
major deviations in shape; and
(I)
have units of measurement spelled out in "feet" or "inches"
or abbreviated as "Ft.", "In." or feet and fractions of a foot. In addition
to feet and inches, the unit of measurement may also be displayed in meters,
in which event units of measurement may be spelled out as "meters" or abbreviated
as "M".
(2)
Depth and unit markers on decks shall be slip-resistant,
placed within 24 inches of the water's edge, and positioned to be read while
standing on the deck facing the water;
(3)
Depth and unit markers on pool sidewalls, except as provided
in paragraph (4) of this subsection shall be plainly and conspicuously posted
in the top 4.5 inches of the pool wall and be positioned to be read by a user
while in the pool; and
(4)
If depth and unit markers cannot be placed on the sidewall
with a readable portion of the marker above the actual water level (e.g. the
edges of a zero depth entry pool or other coping types that do not allow sufficient
space for the 4-inch depth markers), other methods may be used to mark the
depth and unit of measurement, as follows:
(A)
sidewall depth and unit markers shall not be required on
the edges of a zero depth entry pool;
(B)
on roll out gutter pools or other pools without a vertical
sidewall and with at least 3 inches of the sidewall above the design water
level, depth and unit markers shall be readable from the pool and shall be
placed in the first 6 inches of deck or on a vertical wall or fence, if one
exists, within 10 feet of the water's edge. Otherwise, no depth or unit markers
shall be required for such pools; and
(C)
on vanishing edge pools, depth and unit markers shall not
be required on that portion of the vanishing edge that has no pool wall above
the design water level and shall not be required on that portion of the vanishing
edge that is inaccessible to patrons on the deck; but sidewall and deck markers
must be installed on the vanishing edge immediately at the end of the vanishing
edge, in the top 4.5 inches of the pool.
(d)
Depth markers for pre-10/01/99 pools. Pre-10/01/99 pools
shall have depth markers that comply with the following:
(1)
depth markers on both sidewalls and decks of the pool shall:
(A)
indicate the pool depth from the design water level to
the floor of the pool according to a vertical measurement taken 3 feet from
the pool wall;
(B)
be a minimum of 4 inches in height (measured vertically
on a sidewall and horizontally on a deck);
(C)
be of contrasting color to the background on which they
are applied;
(D)
have permanent colors for the numbers, units (if any),
and background of the marker;
(E)
be placed at 2-foot increments of depth around the pool;
and
(F)
be placed at the maximum and minimum points of depths and
at the point of bottom slope change from shallow end and deep end;
(2)
depth markers and any unit markers on decks shall be slip-resistant,
placed within 24 inches of the water's edge, and positioned to be read while
standing on the deck facing the water;
(3)
depth and any unit markers on pool sidewalls, except as
provided in paragraph (4) of this subsection, shall have at least 50% of the
depth number and any unit of measurement, plainly and conspicuously placed
above the design water level on the sidewall and be positioned to be read
by a user while in the pool. A percentage higher than 50% is permitted but
not required;
(4)
if depth markers and any unit markers cannot be placed
on the sidewall with a readable portion of the marker above the design water
level (e.g. the edges of a zero depth entry pool or other coping types which
do not allow sufficient space for the 4-inch depth markers), other methods
may be used to mark the depth and unit of measurement, as follows:
(A)
sidewall depth markers shall not be required on edges of
zero depth entry pools;
(B)
on roll out gutter pools or other pools without a vertical
wall that does not have at least 3 inches of pool wall above the design water
level, the depth markers and any unit markers shall be readable from the pool
and shall be placed in the first 6 inches of deck, or on a vertical wall or
fence, if one exists, within 10 feet of the water's edge. If there is no practical
location for installation of vertical depth markers, no depth or unit markers
shall be required in those areas; and
(C)
on vanishing edge pools, depth markers and any unit markers
shall not be required on that portion of the vanishing edge that has no pool
wall above the design water level and shall not be required on that portion
of the vanishing edge that is inaccessible to patrons on the deck; but sidewall
and deck markers must be installed on the vanishing edge immediately at the
end of the vanishing edge, in the top 4.5 inches of the pool; and
(5)
if a pre-10/01/99 pool is substantially replastered or
the waterline tile is substantially replaced, all depth markers on the sidewalls
must comply with subsection (c) of this section regarding depth markers for
post-10/01/99 pools.
(e)
"NO DIVING" wording and international no diving symbol
warning signs for post-10/01/99 and pre-10/01/99 pools. This subsection applies
to post-10/01/99 and pre-10/01/99 pools.
(1)
The warning words "NO DIVING" and the international no
diving symbol shall be clearly marked on the pool deck with contrasting colors
and letters at least 4 inches high. The warning shall be placed at least every
25 feet or fraction thereof, around the pool where the water depth is 6 feet
or less. At least two warnings including the "NO DIVING" and international
no diving symbol, shall be provided at the extreme ends of the minimum depth
and at the extreme ends of the maximum depth at 6 feet on each side of the
pool or on each of the longer dimensional sides of the pool. These warning
signs shall be slip-resistant. The warning "NO DIVING" and international no
diving symbol on the deck shall be within 24 inches of the water edge and
positioned to be read while standing on the deck facing the water. The international
no diving symbol consists solely of a diver's profile in a circle with a 45-degree
slash through the diver and may be red and/or black on a light background.
(2)
If a permanent structure above the pool deck (other than
a diving board or diving platform) is within 5 feet of the water surface of
a pool and is likely to be used for diving, the international no diving symbol
and the warning "NO DIVING" (in contrasting colors and letters at least 4
inches high), shall be permanently affixed to the structure so that such warnings
are visible to persons who may be attempt to use the structure for diving.
(f)
Signs for post-10/01/99 and pre-10/01/99 pools.
(1)
Post-10/01/99 and pre-10/01/99 pools shall comply with
the following sign requirements:
(A)
signs shall be securely mounted as applicable and readily
visible to the pool user from inside the pool enclosure;
(B)
for Class C and D pools where no lifeguard is provided,
a sign shall be placed in plain view and shall state "NO DIVING" along with
an international warning symbol for no diving. The letters "NO DIVING" and
the symbol shall be at least 4 inches high;
(C)
for pools where no lifeguard service is required, a warning
sign shall be placed in plain view and shall state "WARNING-NO LIFEGUARD ON
DUTY" with clearly legible letters at least 4 inches high. In addition, the
sign shall also state in letters at least 2 inches high "CHILDREN SHOULD NOT
USE POOL WITHOUT ADULT SUPERVISION". The additional signage required in this
subsection may be included on the sign described in paragraph (2) of this
subsection; and
(D)
when a required telephone is not readily visible from a
post-10/01/99 or pre-10/01/99 pool or spa, directions shall be posted regarding
its location as stated in subsection (i) of this section.
(2)
In areas of Texas where a majority of citizens are non-English
speaking, in addition to signs in English, signs, and other written warnings
required by these standards, may be posted in the predominant language.
(g)
Lifeguard personnel standards at post-10/01/99 and pre-10/01/99
pools. Post-10/01/99 and pre-10/01/99 pools shall comply with the following
lifeguard requirements:
(1)
lifeguards and second responders shall be provided at:
(A)
post-10/01/99 and pre-10/01/99 Class A pools during competitive
events;
(B)
post-10/01/99 and pre-10/01/99 Class B pools; and
(C)
post-10/01/99 and pre-10/01/99 Class C pools with a diving
board or a slide that is not locked or chained to prevent use of the slide.
At pools where lifeguards are not provided, refer to subsection (f)(1) of
this section relating to signs; and
(2)
when a lifeguard is provided at a pool, the following shall
apply:
(A)
the number of lifeguards provided shall be adequate to
provide supervision, continuous surveillance and close observation of pool
users in all areas of the pool and at all times when the pool is in use. No
user shall be permitted in a pool area unless lifeguard(s) are present;
(B)
the lifeguard(s) shall hold a current American Red Cross
(ARC) "Lifeguard Training" certificate or the equivalent certification from
an aquatic safety organization, which also includes training in (ARC) "Adult,
Infant, and Child CPR" and "Community First Aid" or their equivalent. Management
at each facility will maintain a current file with each staff person's current
certification including expiration dates;
(C)
an additional lifeguard, or second responder who is monitoring
and readily available at the pool, and who has a minimum training in (ARC)
"Adult, Infant, and Child CPR" and "Community First Aid" or equivalent training,
shall also be in the pool area when the pool is in use;
(D)
lifeguard(s) conducting surveillance of pool users shall
not be assigned duties that would distract their attention from proper observation
of the patrons, or that would prevent immediate assistance to persons in distress
in the water;
(E)
pool facilities shall provide alertness/response drills
and other training including documentation of the following:
(i)
a pre-season training program;
(ii)
a continual "in-service" training program for all lifeguards,
and other aquatic personnel totaling a minimum 60 minutes per week; and
(iii)
performance "audits" as recommended by the ARC or YMCA
or equivalent aquatic safety organization;
(F)
owners shall maintain an emergency action plan similar
to the one outlined by the ARC or YMCA or equivalent aquatic safety organization.
All lifeguards and second responders shall receive training in the application
of effective pool emergency procedures for events such as submersions, suspected
spinal injury, medical emergencies, missing persons, bad weather, etc. Such
training will be reviewed as necessary and kept current. Each lifeguard shall
be given an assigned surveillance area commensurate with ability;
(G)
owners shall allow lifeguards to have sufficient break
time from guarding activities as recommended by the ARC or YMCA or equivalent
aquatic safety organization.
(H)
when a lifeguard is conducting active surveillance of pool
patrons, the lifeguard shall not be in the water except in the line of duty.
(h)
Lifeguard chairs and lifeguard equipment for post-10/01/99
and pre-10/01/99 pools. Post-10/01/99 and pre-10/01/99 pools shall comply
with the following requirements, as applicable:
(1)
A post-10/01/99 pool that has a diving board(s) shall have
at least one elevated lifeguard chair, located to provide a clear unobstructed
view of the pool bottom in the diving area and shall comply with the following.
(A)
The seat of the lifeguard chair in the diving water area
shall be located at an elevation at least 4 feet above the pool deck. The
lifeguard chair may be portable so that its location can be optimized to prevent
glare and provide proper supervision.
(B)
If the width of the pool is 45 feet or more, an additional
elevated chair or station shall be provided and shall be located in the diving
area on the opposite side of the pool.
(C)
Such lifeguard platforms or chairs shall be placed in locations
to reduce sun glare on the water, and in positions which allow complete visual
coverage of the pool and the pool bottom within a field of view no greater
than 90 degrees on either side of a line of sight extending straight out from
the platform or chair.
(2)
At post-10/01/99 and pre-10/01/99 pools, lifeguard(s) shall
have a sufficient number of standard rescue tube(s) or buoy(s) with attached
rope/strap and other equipment as necessary for use by the lifeguard(s). Such
equipment shall be immediately accessible at all times. Lifeguard(s) and second
responders shall be dressed in swimming attire so that they are readily identifiable
as members of the staff.
(i)
Pool safety equipment for post-10/01/99 and pre-10/01/99
pools. Post-10/01/99 and pre-10/01/99 pools shall comply with the following
standards:
(1)
lifesaving equipment at post-10/01/99 and pre-10/01/99
Class A, B, and C pools. At post-10/01/99 and pre-10/01/99 Class A, B, and
C pools having less than 2,000 square feet of surface area, at least one of
each of the following items of lifesaving equipment shall be provided for
the pool:
(A)
a reaching pole that is light, strong, non-telescoping
and at least 12 feet long. The pole shall be constructed of fiberglass or
other material that does not conduct electricity and shall have a body hook
or shepherd's crook with blunted ends attached to it; and
(B)
a throwing rope that is 1/4-inch to 3/8-inch diameter,
with a length at least two-thirds the maximum width of the pool. A ring buoy
that is approved by the United States Coast Guard and that has an outside
diameter of 15 to 24 inches shall be attached to the throwing rope;
(C)
if the pool has between 2,000 and 4,000 square feet of
water surface area, an additional reaching pole and throwing rope with ring
buoy, as described in subparagraphs (A) and (B) of this paragraph shall be
provided. If the pool has over 4,000 square feet of water surface area, an
additional reaching pole and throwing rope with ring buoy as described in
subparagraphs (A) and (B) of this paragraph shall be provided for each 6,000
square feet of water surface area or portion thereof over 4,000 square feet.
All such lifesaving equipment shall be mounted in conspicuous places around
the pool deck within 20 feet of the pool. All lifesaving equipment shall be
kept in good repair and ready condition.
(2)
backboards at post-10/01/99 and pre-10/01/99 pools. Post-10/01/99
and pre-10/01/99 Class A and B pools and Class C pools that have a diving
board, slide, or lifeguard shall have one or more backboards with a minimum
of 3 tie down straps and head immobilizer for back and neck injuries; and
(3)
first aid kits at post-10/01/99 and pre-10/01/99 pools.
Post-10/01/99 and pre-10/01/99 Class A and B pools and other pools with lifeguards
shall be equipped with a first aid kit meeting OSHA requirements. First aid
kits shall be a standard 24-unit kit and housed in a durable weather resistant
container and kept filled and ready for use (including disease transmission
barriers and cleansing kits that meet OSHA standards.
(j)
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 may 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; and
(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.
(k)
Lighting for post-10/01/99 and pre-10/01/99 pools and spas.
Lighting for decks and water surfaces of post-10/01/99 or pre-10/01/99 pool
or spa shall be provided according to this subsection. Lighting for such pools
and spas shall comply with the following:
(1)
lighting above water level for decks and water surfaces
shall be not less than 0.5 watts (incandescent equivalent) per square foot
of the combined deck and water surface areas of the pool or spa;
(2)
if underwater lighting is installed in a pool, the underwater
lighting shall be 0.5 watts per square foot of water surface area of the pool,
and the water surface area need not be counted for purposes of subsection
(l) of this section; and
(3)
lighting shall be spaced to provide illumination to all
portions of the deck and water surface areas of a pool or spa. The bottom
of the pool or spa must be readily seen without glare.
(l)
Indoor ventilation for post-10/01/99 pools and spas. A
post-10/01/99 pool or spa that is constructed indoors must meet ASHRAE 62-1989
"Ventilation for Acceptable Indoor Air Quality" standards.
(m)
Safety and sanitation of special aquatic activity devices.
Post-10/01/99 or pre-10/01/99 special aquatic activity devices involving a
water circulation system separate from the circulation system for a pool (e.g.,
separate pump, holding tank, etc.) shall comply with the following sections
to the same extent the sections apply to pools, except as otherwise noted:
(1)
§265.187 of this title relating to (Circulation Systems
for Post-10/01/99 and Pre-10/01/99 Pools and Spas), except that the water
turnover rate shall be at least once every 30 minutes, and a vacuum cleaning
system is not required;
(2)
§265.188 of this title (relating to Filters at Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(3)
§265.189 of this title (relating to Pumps and Motors
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(4)
§265.190 of this title (relating to Suction Outlets
and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(5)
§265.192 of this title (relating to Electrical Requirements
for Post-10/01/99 and Pre-10/01/99 Pools, Spas, Pool Yards, and Spa Yards);
(6)
§265.194 of this title (relating to Pool or Water
Supply for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(7)
§265.196 of this title (relating to Waste Water Disposal
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(8)
§265.197 of this title (relating to Disinfection Equipment
and Chemical Feeders for Post-10/01/99 and Pre-10/01/99 Pools and Spas); and
(9)
§265.204 of this title (relating to Water Quality
for Post-10/01/99 and Pre-10/01/99 Pools and Spas).
§265.200.Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Enclosures for post-10/01/99 and pre-10/01/99 Class A and
B pools and spas and post-10/01/99 and pre-10/01/99 residential youth camp
pools and spas.
(1)
Post-10/01/99 and pre-10/01/99 Class A and B pools, and
post-10/01/99 and pre-10/01/99 pools and spas that are located at residential
youth camps required to be licensed under Health and Safety Code, Chapter
141 shall be enclosed by a barrier consisting of one of the following, or
equivalent barrier: a fence, portion of a building, wall, or other durable
enclosure.
(2)
A building that serves as part of the enclosure may have
doors or gates that open into the pool yard only if:
(A)
any doors or gates between the building and the pool yard
are for entry into a storage room, restroom, shower room, dressing room, or
mechanical room adjacent to the pool;
(B)
the room does not have any door or gate openings to the
outside of the pool yard enclosure; and
(C)
the room does not contain any gas chlorine containers.
(3)
The enclosure, including doors and gates, shall:
(A)
have a minimum effective perpendicular height of at least
6 feet as measured from the ground surface on the outside of the fence;
(B)
have no openings in the enclosure through or under which
a 4-inch diameter sphere can pass;
(C)
be designed and constructed so that it cannot be readily
climbed; and
(D)
have all doors, gates, and windows in the enclosure directly
and continuously supervised by staff at the pool during hours of operation,
or locked to prevent unauthorized entry.
(b)
Enclosures for post-10/01/99 or pre-10/01/99 Class C and
D pools and spas that are subject to Health and Safety Code, Chapter 757.
A post-10/01/99 or pre-10/01/99 pool or spa that is subject to Health and
Safety Code, Chapter 757 (covering pool yards and spa yards of apartments,
property owner associations, and similar residential developments) shall have
an enclosure as required in Chapter 757.
(c)
Enclosures for all other post-10/01/99 or pre-10/01/99
Class C and D pools and spas. A post-10/01/99 or pre-10/01/99 Class C pool
or spa or Class D pool or spa that is not subject to Health and Safety Code,
Chapter 757 (such as pools and spas for hotels, motels, RV parks, etc.) must
have a pool yard or spa yard enclosure in compliance with this subsection.
(1)
The pool yard or spa yard enclosure for a post-10/01/99
or pre-10/01/99 pool or spa subject to this subsection shall consist of one
or a combination of a fence, portion of a building, wall or other durable
enclosure. The enclosure shall comply with the following:
(A)
the enclosure must have a minimum perpendicular height
of at least 48 inches as measured from the ground surface on the outside of
the fence;
(B)
openings in or under the enclosure shall not allow the
passage of a 4-inch diameter sphere;
(C)
planters or other structures that might allow small children
to climb over the enclosure shall not be permitted within 36 inches, measured
horizontally, from the outside of the enclosure;
(D)
chain link fencing may be used for the enclosure of a pre-10/01/99
pool and spa if the chain link fencing was installed prior to October 1, 1999.
Chain link fencing may not be used for an enclosure for a post-10/01/99 pool
or spa;
(E)
doors, gates, or windows that open into a building are
allowed as part of a pre-10/01/99 pool or spa enclosure. Windows that are
capable of being opened are not allowed as part of a post-10/01/99 pool or
spa enclosure. Doors or gates of a building that are capable of being opened
are not allowed as part of a post-10/01/99 pool or spa enclosure unless:
(i)
the doors or gates between the building and the pool yard
or spa yard are for entry into a storage room, restroom, shower room, dressing
room or mechanical room adjacent to the pool;
(ii)
the room does not have any door or gate openings to the
outside of the pool yard or spa yard enclosure; and
(iii)
the room does not contain any gas chlorine containers.
(2)
Gates and doors for pool yard or spa yard enclosures for
post-10/01/99 and pre-10/01/99 pools and spas subject to this subsection shall:
(A)
be equipped with self-closing and self-latching devices
and be latched when the pool or spa is not in use. The self-closing device
shall be designed to keep the gate or door securely closed and the self-latching
device shall latch when the gate is allowed to close within in its range of
operation, which is from its fully open position to 6 inches from the fully
closed position;
(B)
open outward away from the pool or spa except for gates
constructed before October 1, 1999, in compliance with an applicable city
ordinance;
(C)
have hand activated door or gate opening hardware located
at least 3.5 feet above the deck or walkway;
(D)
be capable of being locked;
(E)
be locked if it is for entry into a Class A or B pool or
a spa, and the pool or spa is not open for use; and
(F)
be locked if it is for entry into a Class C or D pool or
a spa and the pool or spa needs to be closed because of repairs, hazards,
or other conditions.
(3)
Pool yard and spa yard enclosures for post-10/01/99 pools
and spas shall be constructed so that all persons will be required to pass
through an enclosure gate or door in order to gain access to the pool or spa.
All gates and doors exiting a pool yard or spa yard of a post-10/01/99 pool
or spa shall open into a public area or walkway accessible by all users of
the pool or spa.
§265.201.Dressing and Sanitary Facilities at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Fixture design at post-10/01/99 facilities. Fixtures at
facilities for post-10/01/99 and pre-10/01/99 pools and spas shall be designed
so that they are readily cleanable.
(b)
Fixture installation at post-10/01/99 and pre-10/01/99
facilities. Fixtures at facilities for post-10/01/99 and pre-10/01/99 pools
and spas shall be installed in accordance with local plumbing codes and shall
be properly protected by cross-connection control devices (backflow prevention
devices).
(c)
Proper cleaning at post-10/01/99 and pre-10/01/99 facilities.
Facilities for post-10/01/99 and pre-10/01/99 pools and spas shall be cleaned
as necessary to maintain sanitary conditions at all times.
(d)
Adequate ventilation at post-10/01/99 facilities. Adequate
ventilation shall be provided in facilities for post-10/01/99 and pre-10/01/99
pools and spas to prevent objectionable odors in accordance with §265.199(l)
of this title (relating to Specific Safety Features for Post-10/01/99 and
Pre-10/01/99 Pools and Spas).
(e)
Dressing and sanitary facilities at facilities for post-10/01/99
Class A, B, or D pools. Adequate dressing and sanitary facilities shall be
provided for post-10/01/99 Class A or B pools and for post-10/01/99 Class
D pools and spas operated in conjunction with a Class A or Class B pool.
(1)
Separate dressing and sanitary facilities shall be provided
for each gender. The rooms shall be well lit, drained, ventilated, and of
good construction, using impervious materials. They 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)
At least one shower and dressing booth for each gender
shall be provided. This condition may be subject to variation for schools
and other institutional use where a pool or spa may be open to one gender
at a time.
(4)
Floors shall have a slip-resistant surface and shall be
sufficiently smooth to ensure ease in cleaning. Floor drains shall be provided,
and floors shall be sloped 1/4 inch per foot toward the drains to ensure positive
drainage.
(5)
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 as approved by the TCEQ
or local regulatory authority shall be provided. When not in use, hoses shall
be stored in such a manner to prevent a trip hazard.
(f)
Lavatories, showers, and toilets at post-10/01/99 pools
and spas. Except as provided in subsection (g) of this section, the following
requirements apply to lavatories, showers and toilets in facilities serving
post-10/01/99 Class A, B, C, or D pools and spas:
(1)
the required fixture schedule is contained in the following
table:
(2)
the number of fixtures should be increased for swimming
pools at schools or similar locations where load may reach peaks due to schedule
of use; and
(3)
shower(s) and lavatory(s) water temperature shall be controlled
by anti-scald devices. The water heater and thermostatically-controlled mixing
valves shall be inaccessible to users and shall be capable of providing 2
gallons per minute of water between 90 to 110 degrees Fahrenheit to each shower
head. A shower can be located on the deck of the pool if proper wastewater
disposal is provided. The shower need not be enclosed in Class C pools.
(g)
Sanitary facilities serving post-10/01/99 pools or spas
in apartments, hotels, motels or condominiums. Post-10/01/99 Class C and D
pools and spas located in an apartment, hotel, motel or condominium complex
are not required to have the following facilities:
(1)
showers;
(2)
dressing rooms;
(3)
toilets;
(4)
urinals unless the facility has toilets for persons using
the pool or spa;
(5)
hand drying towels unless the facility has a lavatory in
an enclosed room;
(6)
baby changing table unless the facility has a dressing
room or toilets; and
(7)
a lavatory if a faucet is installed at lavatory height
and in compliance with subsection (f)(3) of this section and proper wastewater
disposal is provided.
(h)
Additional requirements for sanitary facilities at post-10/01/99
and pre-10/01/99 pools and spas. Post-10/01/99 and pre-10/01/99 sanitary facilities
serving a post-10/01/99 or pre-10/01/99 pool or spa shall comply with the
following whenever lavatories, toilets, mirrors, or dressing rooms are provided:
(1)
Soap dispensers with liquid or powdered soap shall be provided
at each lavatory. The dispenser shall be of all metal or plastic type with
no glass permitted in these units;
(2)
any mirrors shall be shatter resistant;
(3)
toilet paper holders and toilet paper shall be provided
at each toilet;
(4)
covered waste receptacles shall be provided in toilet or
dressing room areas; and
(5)
single-use hand drying towels or hand drying devices shall
be provided near the lavatory.
§265.202.Food, Beverages, and Containers at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Food and beverages while in the water at post-10/01/99
and pre-10/01/99 pools and spas. At post-10/01/99 and pre-10/01/99 pools and
spas, no person may eat, drink, or smoke while in the pool or spa water.
(b)
Non-breakable containers at post-10/01/99 and pre-10/01/99
pools and spas. At post-10/01/99 and pre-10/01/99 pools and spas, food and
beverage(s) shall be served only in non-breakable containers. Glass containers
shall not be allowed on a deck, in a pool or spa, or elsewhere in a pool yard
or spa yard.
(c)
Trash containers at post-10/01/99 and pre-10/01/99 pools
and spas. At post-10/01/99 and pre-10/01/99 pools and spas, trash containers
shall be provided where food and/or beverage(s) are allowed.
§265.203.Operation and Management of Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Required operator certification for certain types of post-10/01/99
and pre-10/01/99 pools and spas. Post-10/01/99 and pre-10/01/99 Class A or
B pools and Class D pools operated in conjunction with a Class A or B pool
shall be maintained under the supervision and direction of a properly trained
and certified operator who is responsible for the sanitation, safety, and
proper maintenance of the pool or spa, 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 NRPA, "Aquatic Facility Operator" (A.F.O.);
(2)
the NSPF, "Certified Pool-Spa Operator" (C.P.O.);
(3)
YMCA, "Pool Operator on Location" (P.O.O.L.); or
(4)
the NSPI, "Professional Pool & Spa Operator" (P.P.S.O.).
(b)
Water clarity standards for post-10/01/99 and pre-10/01/99
pools and spas. Areas of a post-10/01/99 or pre-10/01/99 pool or a spa shall
be opened for use only if the pool or spa bottom and/or main drains are clearly
visible. Possible visual occlusion by sediment or other matter shall be checked
before opening a pool and periodically, as necessary, while the pool is in
use. To check the pool or spa when in use, bathers shall exit and the pool
or spa water shall be allowed to calm. Clarity shall be observed between 1
to 5 minutes after users have exited. The pool or spa shall be opened for
use only if the bottom and/or main drains are clearly visible. Sediment or
other matter that may cause visual occlusion shall be vacuumed, filtered or
otherwise removed as needed prior to pool use.
(c)
Equipment for water clarity for post-10/01/99 and pre-10/01/99
pools and spas. When a post-10/01/99 or pre-10/01/99 pool or spa is open for
use, filtration, circulation systems, chemical/disinfectant feeders, slurry
feeders, heaters, etc., that are dependent upon circulation pump flow shall
be operating, plus any additional time necessary to ensure continuous water
clarity and chemical distribution.
(1)
The pool and spa shall be operated to maintain the turnover
rates as stated in §265.187(b)(1) of this title (relating to Circulation
Systems for Post-10/01/99 Pools and Spas) and §265.187(c) of this title.
(2)
Circulation pumps shall run continuously 24 hours a day
year round and not be throttled to reduce circulation below the design flow
rate, except that a pool pump may run less than 24 hours a day if:
(A)
a "Pool Closed" sign, with letters at least 1-inch tall,
is posted on the exterior side of each entry gate into the pool yard; and
(B)
the pump runs a sufficient number of hours needed to keep
the water at required clarity and disinfectant levels; and
(C)
the pump runs the same number of hours each day.
(d)
Off season water clarity for post-10/01/99 and pre-10/01/99
outdoor pools and spas. When a post-10/01/99 or pre-10/01/99 outdoor pool
or spa is not in use for an extended period of time (such as off season),
clarity shall be maintained and algae growth shall be prevented; however,
other water quality parameters as required in §265.204(a) of this title
(relating to Water Quality for Post-10/01/99 and Pre-10/01/99 Pools and Spas)
do not need to be maintained. Other methods may be used to maintain pools
and spas during extended periods of non-use if the methods are approved by
local authorities in writing and water clarity is maintained.
(e)
Off season safety for post-10/01/99 and pre-10/01/99 pools
and spas. When a post-10/01/99 or pre-10/01/99 pool or spa is not in use after
seasonal operation, while under construction or renovation, or for any other
reason, the facility shall not be allowed to give off objectionable odors,
become a breeding site for insects, or create any other nuisance situation
or safety hazard.
(f)
Domestic animals prohibited at post-10/01/99 and pre-10/01/99
pools and spas. Domestic animals and other pets shall not be allowed within
a post-10/01/99 or pre-10/01/99 pool or spa enclosure area, except that service
animals shall be allowed on the deck and within the pool enclosure but not
in the pool.
(g)
Actual water level at post-10/01/99 and pre-10/01/99 pools
and spas. Actual water level in a post-10/01/99 or pre-10/01/99 pool or spa
shall be maintained within the operating water level range of the system's
rim or weir device.
(h)
Protection from chemicals for post-10/01/99 and pre-10/01/99
pools and spas. Personnel in charge of maintaining a post-10/01/99 or pre-10/01/99
pool or a spa shall be properly trained in accordance with §265.197(a)(5)
of this title (relating to Disinfectant Equipment and Chemical Feeders at
Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(i)
Maximum load limits for post-10/01/99 pools and spas. The
maximum load limits for a post-10/01/99 pool and spa shall be calculated and
posted. Load limits are indicated in §265.184(n) of this title (relating
to General Construction and Design for Post-10/01/99 Pools and Spas).
(j)
Use of life jackets for post-10/01/99 and pre-10/01/99
pools and spas. No person shall be prohibited from the use of a life jacket
in a post-10/01/99 or pre-10/01/99 pool or spa.
(k)
Proper use of chemicals at post-10/01/99 and pre-10/01/99
pools and spas. Use of chemicals at post-10/01/99 and pre-10/01/99 pools and
spas shall be according to the chemical manufacturer's directions. No chemical
shall be used in a way that violates the manufacturer's instructions for the
chemical feed system or the ANSI/NSF-50 certification of the chemical feed
system.
(l)
Use of registered products at post-10/01/99 and pre-10/01/99
pools and spas. In post-10/01/99 and pre-10/01/99 pools and spas, only chemicals
registered and labeled for use in pools and spas by U.S. Environmental Protection
Agency shall be used.
§265.204.Water Quality at Post-10/01/99 and Pre-10/01/99 Pools and Spas.
(a)
Required water quality for post-10/01/99 and pre-10/01/99
pools and spas. Water quality for a post-10/01/99 or pre-10/01/99 pool or
a spa shall meet the following criteria when the pool or spa is open for use.
The water quality parameters in the following table apply to both pools and
spas unless otherwise indicated.
(b)
Water quality testing at post-10/01/99 and pre-10/01/99
pools and spas. A reliable means of testing for pH, free and total chlorine
or total bromine residuals, and cyanuric acid (if used), total alkalinity,
and hardness shall be maintained for post-10/01/99 and pre-10/01/99 pools
and spas. The test method shall be capable of measuring chemical ranges as
detailed in subsection (a) of this section.
(1)
Free available chlorine residual shall be determined by
the use of the DPD method or its equivalent.
(2)
Test reagents shall be properly stored and changed at frequencies
recommended by the manufacturer to assure accuracy of the tests.
(c)
Testing frequency for post-10/01/99 and pre-10/01/99 pools
and spas. When a post-10/01/99 or pre-10/01/99 Class A or B pool is open for
use or when a post-10/01/99 or pre-10/01/99 Class D pool or spa is operated
in conjunction with a Class A or B pool open for use, a test for disinfectant
level and pH shall be conducted at least every 2 hours to assure compliance
with subsection (a) of this section relating to required water quality parameters.
In lieu of the above testing frequency, if a system is used to automatically
control disinfectant and pH, testing for disinfectant level and pH shall be
made at least once per day. If necessary, tests shall be conducted more frequently
to assure proper disinfectant level and pH.
(d)
Other required tests for post-10/01/99 and pre-10/01/99
pools and spas. Test(s) for total chlorine, cyanuric acid, alkalinity and
hardness at post-10/01/99 and pre-10/01/99 pools and spas shall be conducted
as necessary to assure proper chemical control.
(e)
Operational records for post-10/01/99 and pre-10/01/99
pools and spas. When tests are required, under this section, operational records
of the tests shall be kept for two years and be made available during a governmental
inspection.
§265.205.Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Spas.
(a)
General construction standards for pre-10/01/99 spas. Pre-10/01/99
spas shall comply with good public health engineering practices for construction
of post-10/01/99 built pools and spas prevailing at the time of original construction
as required by Health and Safety Code, §341.064(g), and shall comply
with applicable rules at the time of original construction.
(b)
General construction standards for post-10/01/99 spas.
Post-10/01/99 spas shall comply with good public health engineering practices
for construction of post-10/01/99-built pools and spas prevailing at the time
of original construction as required by Health and Safety Code, §341.064(g),
and shall comply with ANSI/NSPI-2, 1992 Standards for Public Spas except as
otherwise provided in these rules.
(c)
General standards for circulation equipment in post-10/01/99
spas. Circulation equipment on post-10/01/99 spas, such as pumps, filters,
skimmers, chemical feeders, and other circulation equipment, shall comply
with ANSI and NSFI Standard-50-1996 (ANSI/NSFI-50-1996) except as otherwise
noted in §265.190(h) of this title (relating to Suction Outlets and Return
Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(d)
General standards for replacement of circulation equipment
in pre-10/01/99 spas. Circulation equipment replaced on pre-10/01/99 spas
shall comply with ANSI and NSFI Standard-50-1996 (ANSI/NSFI-50-1996) except
as otherwise noted in §265.190(h) of this title (relating Suction Outlets
and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(e)
Specific construction and operational standards for post-10/01/99
spas. The following standards apply to post-10/01/99 spas as specifically
stated therein.
(1)
§265.181 of this title (relating to General Provisions);
(2)
§265.182 of this title (relating to Definitions);
(3)
§265.183 of this title (relating to Plans, Permits
and Instructions for Post-10/01/99 Pools and Spas);
(4)
§265.185 of this title (relating to General Construction
and Design for Post-10/01/99 Pools and Spas), and as follows:
(A)
the maximum water depth shall be 4 feet from the design
waterline except when approved by the local regulatory authority; and
(B)
multi-level seating may be provided, but the maximum water
depth of any seat or sitting bench shall be 24 inches, measured from the design
waterline.
(5)
§265.186(a) and (b) of this title (relating to Decks,
Entry/Exit, Diving Facilities, and Other Deck Equipment for Post-10/01/99
and Pre-10/01/99 Pools and Spas). Also see ANSI/NSPI-2, 1992;
(6)
§265.187 of this title (relating to Circulation Systems
for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(7)
§265.188 of this title (relating to Filters at Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(8)
§265.189 of this title (relating to Pumps and Motors
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(9)
§265.190 of this title (relating to Suction Outlets
and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(10)
§265.191 of this title (relating to Surface Skimming
and Perimeter Overflow (Gutter Systems for Post-10/01/99 Pools and Spas);
(11)
§265.192 of this title (relating to Electrical Requirements
for Post-10/01/99 and Pre-10/01/99 Pools, Spas, Pool Yards and Spa Yards);
(12)
§265.193 of this title (relating to Heating of Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(13)
§265.194 of this title (relating to Pool or Spa Water
Supply for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(14)
§265.195 of this title (relating to Drinking Water
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(15)
§265.196 of this title (relating to Waste Water Disposal
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(16)
§265.197 of this title (relating to Disinfectant
Equipment and Chemical Feeders for Post-10/01/99 and Pre-10/01/99 Pools and
Spas);
(17)
§265.198 of this title (relating to Gas Chlorination
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(18)
§265.199 of this title (relating to Specific Safety
Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(19)
§265.200 of this title (relating to Pool Yard and
Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(20)
§265.201 of this title (relating to Dressing and
Sanitary Facilities at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(21)
§265.202 of this title (relating to Food, Beverages,
and Containers at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(22)
§265.203 of this title (relating to Operation and
Management of Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(23)
§265.204 of this title (relating to Water Quality
at Post-10/01/99 and Pre-10/01/99 Pools and Spas); and
(24)
air blowers and other devices and systems which induce
or allow air to enter the spa either by means of a power pump or passive design
and shall comply with the following:
(A)
the air blower systems shall prevent water backflow that
could cause electrical shock hazards in accordance with ANSI/UL 1563-1995;
(B)
air intake sources shall not induce water external to the
spa unit dirt or contaminants, into the spa;
(C)
the air induction system shall be properly sized in accordance
with the manufacturer's sizing specification;
(D)
when installing an air blower indoors or within an enclosure,
adequate ventilation is required. The air induction system shall be installed
in accordance with the manufacturer's recommendations;
(E)
the air blowers shall be installed in accordance with the
NEC and any federal, state or local codes;
(F)
the air blower shall be accessible for inspection and service;
(G)
integral air passages shall be pressure tested at time
of manufacture to provide structural integrity to a value of 1.5 times the
intended working pressure; and
(H)
if an air blower or other means of introducing air is provided,
a manually operated timer switch located as to require the exiting of the
spa to reset shall be provided. Such a timer shall operate the spa blower
and circulation pump and shall automatically shut the blower and circulation
pump off in 15 minutes or when manually switched to the off position.
(f)
Other safety-related requirements for post-10/01/99 and
pre-10/01/99 spas. Post-10/01/99 and pre-10/01/99 spas shall comply with the
following.
(1)
First aid kits. Post-10/01/99 and pre-10/01/99 spas operated
in conjunction with a Class A or B pool shall be equipped with a standard,
24-unit first aid kit that meets OSHA requirements and is kept ready for use
at all times. First aid kits shall be housed in a durable weather resistant
container and kept filled and ready for use (including disease transmission
barriers and cleansing kits that meet OSHA standards).
(2)
Telephone. Post-10/01/99 and pre-10/01/99 spas shall provide
a means of summoning help in an emergency, and a sign shall be provided in
accordance with §265.199(j) of this title (relating to Specific Safety
Features for Post-10/01/99 and Pre-10/01/99 Pools and Spas).
(3)
Spa yard enclosures. Post-10/01/99 and pre-10/01/99 spas
shall be provided with an enclosure as follows:
(A)
a post-10/01/99 or pre-10/01/99 spa at a complex subject
to Health and Safety Code, Chapter 757, shall be provided with an enclosure
as required in that code;
(B)
all other post-10/01/99 and pre-10/01/99 spas shall be
provided with an enclosure required by §265.200 of this title (relating
to Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools
and Spas).
(4)
Deck depth markers. Deck depth markers for post-10/01/99
and pre-10/01/99 spas shall comply with the following:
(A)
spas shall have permanent deck depth markers with numbers
and units of measurement a minimum of 4 inches high plainly and conspicuously
visible from all obvious points of entry;
(B)
there shall be a minimum of 2 deck depth markers per spa,
regardless of spa size or shape;
(C)
deck depth markers shall be spaced at no more than 25-foot
intervals and shall be uniformly located around the entry areas of the spa;
(D)
deck depth markers and units of measurement shall be within
24 inches of the water edge and positioned to be read while standing on the
deck facing the water;
(E)
deck depth markers shall be positioned to be read while
standing on the deck facing the water;
(F)
deck depth markers in or on the deck surfaces shall be
slip-resistant;
(G)
units of measurement shall either spell out "feet" or "inches"
or abbreviate "Ft.", "In. or feet and fractions of a foot. In addition to
feet and inches the depth of water may also be displayed in meters. Units
of measurement for meter depth markers may be spelled out "meters" or abbreviated
"M"; and
(H)
deck depth markers shall indicate the spa depth from the
design water level to the floor of the spa with a vertical measurement taken
3 feet from the spa wall.
(5)
Temperature and thermometers. Post-10/01/99 and pre-10/01/99
spas shall comply with the following temperature safeguards:
(A)
the maximum temperature of the water in the spa shall not
exceed 104 degrees Fahrenheit (40 degrees Centigrade);
(B)
a break-resistant thermometer (plus or minus 1 degree Fahrenheit
tolerance) that is designed for use in a spa environment shall be available
for patrons and staff to monitor spa temperature; and
(C)
the controls for the spa temperature shall not be accessible
to the spa user.
(6)
Maximum load limits. Maximum load limits for post-10/01/99
spas are set forth in §265.184(n)(2) of this title and for pre-10/01/99
spas are set forth at §265.185(e)(2) of this title.
(7)
Signs. Signs for post-10/01/99 and pre-10/01/99 spas shall
be securely mounted and readily visible to the spa user from inside the spa
enclosure. Signage shall state the following:
(A)
the location of the nearest telephone or emergency-summoning
device;
(B)
"DO NOT USE THE SPA, IF THE WATER TEMPERATURE IS ABOVE
104 DEGREES FAHRENHEIT (40 DEGREES CENTIGRADE)" in letters at least 1 inch
high;
(C)
"WARNING-NO LIFEGUARD ON DUTY" with clearly legible letters
at least 4 inches high if no lifeguard is required;
(D)
"CHILDREN SHOULD NOT USE SPA WITHOUT ADULT SUPERVISION"
with clearly legible letters at least 2 inches high if no lifeguard is required;
and
(E)
the maximum load limit as required in §265.203(j)
of this title.
§265.206.Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Therapeutic Pools and Spas.
(a)
General construction standards for post-10/01/99 and pre-10/01/99
therapeutic pools and spas. Construction design and materials used in construction
of post-10/01/99 and pre-10/01/99 therapeutic pools and spas shall comply
with good public health engineering practices for construction of post-10/01/99-built
therapeutic pools and spas prevailing at the time of original construction
as required by Health and Safety Code, §341.064(g).
(b)
General standards for circulation equipment in post-10/01/99
therapeutic pools and spas. Circulation equipment or post-10/01/99 therapeutic
pools and spas, such as pumps, filters, skimmers, chemical feeders and other
circulation equipment, shall comply with ANSI and NSFI Standard 50-1996 (ANSI/NSFI-50-1996)
except as otherwise noted in Section 265.190(h).
(c)
General standards for replacement of circulation equipment
in pre-10/01/99 therapeutic pools and spas. Circulation equipment replaced
on pre-10/01/99 therapeutic pools and spas shall comply with ANSI and NSFI
Standard-50-1996 (ANSI/NSFI-50-1996) except as otherwise noted in §265.190(h)
of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99
and Pre-10/01/99 Pools and Spas).
(d)
Specific construction and operational standards for post-10/01/99
therapeutic pools and spas. The following standards apply to post-10/01/99
therapeutic pools and spas as specifically stated therein.
(1)
§265.181 of this title (relating to General Provisions);
(2)
§265.182 of this title (relating to Definitions);
(3)
§265.183 of this title (relating to Plans, Permits
and Instructions for Post-10/01/99 Pools and Spas);
(4)
§265.187 of this title (relating to Circulation Systems
for Post-10/01/99 and Pre-10/01/99 Pools and Spas). If the therapeutic pool
contains less than 1,000 gallons, the water turnover rate shall be 30 minutes
or less;
(5)
§265.188 of this title (relating to Filters at Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(6)
§265.189 of this title (relating to Pumps at Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(7)
§265.190 of this title (relating to Suction Outlets
and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(8)
§265.192 of this title (relating to Electrical Requirements
for Post-10/01/99 and Pre-10/01/99 Pools, Spas, Pool Yards and Spa Yards);
(9)
§265.193 of this title (relating to Heating of Post-10/01/99
and Pre-10/01/99 Pools and Spas);
(10)
§265.194 of this title (relating to Pool or Spa Water
Supply for Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(11)
§265.195 of this title (relating to Drinking Water
Supply at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(12)
§265.196 of this title (relating to Waste Water Disposal
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(13)
§265.197 of this title (relating to Disinfectant
Equipment and Chemical Feeders for Post-10/01/99 and Pre-10/01/99 Pools and
Spas);
(14)
§265.204 of this title (relating to Water Quality
at Post-10/01/99 and Pre-10/01/99 Pools and Spas);
(15)
§265.207 of this title (relating to Compliance, Inspections
and Investigations); and
(16)
§265.208 of this title (relating to Enforcement).
§265.207.Compliance, Inspections, and Investigations.
(a)
A department or local regulatory representative, upon presenting
the department credentials, shall have the right to enter at all reasonable
times any area or environment, including but not limited to the pool or spa
facility, building, storage, equipment room, or office area to inspect and
investigate for compliance with these sections, to review records, to question
any person, or to locate, to identify, and to assess the condition of pool
or spa facility.
(b)
Advance notice or permission for inspections or investigations
by the department or local regulatory authority is not required.
(c)
A department or local regulatory representative shall not
be impeded or refused entry in the course of his official duties by reason
of any state or federal law or company policy. It is a violation of this chapter
for a person to interfere with, deny, or delay an inspection or investigation
conducted by a department or local regulatory representative.
§265.208.Enforcement.
(a)
If inspections by the department or the local regulatory
authority determine that a person has caused, suffered, allowed, or permitted
a violation of Health and Safety Code §341.064 or any of these rules
the department or the local regulatory authority may, in accordance with Health
and Safety Code, §341.092, assess civil penalties, seek injunctive relief
in district court, or both.
(b)
The department may also seek a criminal penalty under Health
and Safety Code, §341.091.
(c)
The department or local regulatory authority may take all
appropriate legal remedies available to it including immediately closing the
pool or spa either through voluntary compliance or an injunction.
(d)
If a pool or spa closes either voluntarily or by court
order all access to the pool or spa shall be restricted and a notice posted
notifying the public that the pool or spa is closed until further notice.
(e)
In the case of voluntary closure and upon presentation
of evidence that the deficiencies that caused closure have been corrected,
operation can be resumed if explicitly authorized by the department or local
regulatory authority in writing. Such evidence may be in the form of a reinspection
by the regulatory authority, or by other evidence acceptable to the regulatory
authority.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 22, 2004.
TRD-200402066
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 458-7236
Subchapter E. REGISTRATION REGULATIONS
25 TAC §289.232
The Texas Department of Health (department) proposes an amendment
to §289.232, concerning radiation control regulations for dental radiation
machines.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Section 289.232
has been reviewed and the department has determined that the reasons for adopting
the section continue to exist; however, revisions to the rule are necessary
as outlined in this preamble.
The department published a Notice of Intention to Review for §289.232
regarding Government Code, §2001.039, in the
Texas Register
(28 TexReg 9549) on October 31, 2003. No comments were
received by the department on this section following publication of the notice.
The proposed revision incorporates legislation passed by the 78th Legislature,
Regular Session, 2003. House Bill (HB) 2292, which added Health and Safety
Code, §§12.0111 and 12.0112, requires two-year terms for certificates
of registration and requires recovery through fees of 100% of regulatory program
costs for the two-year term of the certificate of registration. Therefore,
references to annual fees are deleted throughout the section. The department
is also simplifying its fee structure for certificates of registration. Dental
registrants now have one specified fee of $300 every two years, rather than
a base fee plus machine fee. References to base fee and machine fee are deleted
throughout the section. The registrant will be required to renew the certificate
of registration every two years by paying the required fee and having a satisfactory
compliance history. Registrants will receive a fee bill from the department
every two years rather than every year. The requirement for an annual late
payment fee is deleted. Failure to pay the fee means the certificate of registration
is expired and the registrant is subject to compliance procedures provided
in subsection (k)(2) regarding hearing and enforcement procedures. Senate
Bill 1152, 78th Legislature, Regular Session, 2003, which amended Government
Code, Chapter 2054, directs the department to participate in Texas Online,
an electronic fee payment system developed and maintained by the Texas Online
Authority. Wording is added that authorizes the department to collect subscription
and convenience fees, in amounts determined by the Texas Online Authority,
to recover costs associated with application and renewal application processing
through Texas Online. The changes to the rule are reflected in revised subsections
(g) and (h)(6).
The revision changed references to the Formal Hearing Procedures throughout
the rule to properly cite the references. In current subsection (a)(4), the
sentence "No radiation may be deliberately applied to human beings except
by or under the supervision of an individual licensed by the Texas State Board
of Dental Examiners." is deleted in this paragraph and moved to subsection
(b)(1) as this sentence is addressed more appropriately within this paragraph.
Paragraph (5) is added to subsection (b) to clarify that registrants who are
also licensed by the agency to receive, possess, use, and transfer radioactive
materials must also comply with the applicable requirements of other sections
of this title. A definition of "Act," which is the statutory authority for
the radiation control rules, is added as it was inadvertently omitted from
a previous version. The definitions of "leakage radiation," "medical research,"
"notice of violation," "radiation," "shallow dose equivalent," and "supervision"
are revised to be consistent with language used in other sections in this
title. The definitions of "mobile services" and "x-ray equipment" are revised
to more clearly state the intent of the rule. The definitions of "interested
person," "mobile x-ray equipment," and "requestor" are deleted as these terms
are not used in this section. Subsequent definitions are renumbered as a result
of the deleted definitions. The wording in the requirements concerning occupational
dose in subsection (i)(4), including the definition of shallow dose equivalent,
is being revised for clarification and to be compatible with the United States
Nuclear Regulatory Commission (NRC), and as an agreement state, Texas must
adopt these requirements. The word "registrant" was replaced with "person"
in several subsections because the applicable requirements are not limited
to registrants. The requirements apply to any person not complying with the
provisions of this chapter.
House Bill 253, 78th Legislature, Regular Session, 2003, which amended
Health and Safety Code, §401.110, requires the department to deny a certificate
of registration application, amendment or renewal if the applicant's compliance
history reveals a recurring pattern of conduct that demonstrates a consistent
disregard for the regulatory process through significant violations of the
Radiation Control Act or the department's radiation control rules. The department
has defined "a recurring pattern of conduct that demonstrates a consistent
disregard for the regulatory process through significant violations..." by
adding a requirement that states the department will deny an application if
at least three agency actions have been issued against the applicant, within
the previous six years, that assess administrative or civil penalties against
the applicant or that revoke or suspend the certificate of registration. The
change to the rule is reflected in new subsection (h)(4)(F).
New subparagraph (G) is added to subsection (h)(4) to specify that registrants
must ensure that any person they hire to provide services is registered with
the department. This is consistent with language in other sections of this
title. Subsection (h)(5)(A) is revised to clarify that the registrant shall
notify the department in writing of the new requirements in clauses (i)-(iv).
Subsection (h)(5)(B)(i) is revised to more clearly state that if a person
has a valid certificate of registration and radiation machines are being used
for clinical trial evaluations and loaner or demonstration for more than 60
days, then the person shall register the radiation machines with the department.
Subsection (h)(5)(C)(i) is revised to be consistent with language used throughout
this chapter. In subsection (h)(5)(D), new requirements are added to specify
what information is to be included on the inventory of radiation machines
and changes regarding inventory that the registrant is required to report
to the department. New paragraph (8) of subsection (h) is added to be consistent
with modification, suspension, and revocation procedures in other sections
of this title. Subsection (h)(9)(A)(vii) and (h)(9)(G) is revised to expand
the requirements for requesting reciprocal recognition to be consistent with
language used throughout this chapter. New paragraph (10) is revised to consolidate
the requirements for the radiation safety officer. Subsection (i)(3) adds
subparagraph (A) to specify that a registrant shall document that each individual
operating a radiation machine has read the operating and safety procedures.
The requirements for radiation machines used for clinical trial evaluations
and loaner or demonstration radiation machines are revised to reflect changes
in the notification requirements. Language is also added to the expiration
and termination subsections to clarify requirements for the disposition or
transfer of radiation machines if a registrant terminates a certificate of
registration or it expires. Subsection (i)(6)(E) is deleted because this is
a manufacturing requirement rather than a use requirement. Subsequent subparagraphs
are renumbered as a result of this deleted subparagraph. Language is added
to subsection (i)(8) for clarification and to be consistent with language
used in other sections of this title. Subparagraph (13) of subsection (i)
is also revised to be consistent with language used throughout his chapter.
Subparagraph (16) is added to subsection (i) to require that users of digital
imaging acquisition systems follow quality assurance/quality control protocols,
that such protocols be included in the registrant's operating and safety procedures,
and that the frequency at which the protocols are performed be documented.
The revision adds language to subsection (k)(1)(T)(iii) to clearly state that
the registrant shall submit documentation of the most recent equipment performance
evaluation and the inventory. In subsection (k)(2)(C)(iii), subclause (IV)
is added to state that a certificate of registration may also be modified,
suspended, or revoked in whole or in part as a result of existing conditions
that constitute a substantial threat to the public health or safety or the
environment to be consistent with language used in other sections of this
title. Subsection (k)(2)(D)(iii)(I), (iv), and (G)(i) and (iv) are also revised
to be consistent with language used throughout this chapter. Current subsection
(k)(2)(H)(ii)-(v) are deleted as these requirements do not apply to dental
registrants.
Concerning the entire section, several changes were made to state the correct
rule citations and for renumbering purposes as needed due to language being
added or deleted throughout the section. Other minor grammatical changes have
been made throughout the section.
This amendment is part of the department's continuing effort to update,
clarify, and simplify its rules regarding the control of radiation based upon
technological advances, public concerns, legislative directives, other factors,
or to incorporate requirements that are items of compatibility with NRC regulations
because as an agreement state, Texas must adopt compatible requirements.
Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration
and Standards, Bureau of Radiation Control, has determined that for each year
of the first five years the section will be in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the section as proposed. The subscription and convenience fees for electronic
payment of fees as determined by Texas Online will be collected by the department
and paid directly to the Texas Online Authority to offset the costs to state
government for operating Texas Online.
Mrs. McBurney has also determined that for each year of the first five
years the proposed section will be in effect, the public benefit anticipated
as a result of enforcing the section will be to ensure continued protection
of the public, workers, and the environment from unnecessary exposure to radiation
by ensuring that rules are clear and specific and that those persons required
to operate radiation machines do so in ways that ensure such protection. There
will be fiscal impact on applicants/licensees that are small businesses, micro-businesses
or other persons required to comply with the rule. The fee amounts will increase
for some registrants and will decrease for others because the department is
implementing one specified fee, rather than a base fee plus a machine fee.
Approximately 68% of dental registrants will have an average decrease in fee
of $40. Approximately 32% will have an average increase in fee of $22. When
implemented, the subscription and convenience fees determined by Texas Online
will be $10 for credit card use by registrants. There is no anticipated impact
on local employment.
Comments on the proposal may be submitted to Ruth E. McBurney, C.H.P.,
Director, Division of Licensing, Registration and Standards, Bureau of Radiation
Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756-3189, Telephone (512) 834-6688 or electronic mail at Ruth.McBurney@tdh.state.tx.us.
Public comments will be accepted for 30 days following publication of this
proposal in the
Texas Register
. In addition,
a public meeting to accept oral comments will be held at 10:00 a.m., Tuesday,
April 13, 2004, in Conference Room N-218, Texas Department of Health, Bureau
of Radiation Control, located at the Exchange Building, 8407 Wall Street,
Austin, Texas.
The amendment is proposed under the Health and Safety Code, §401.051,
which provides the Texas Board of Health (board) with authority to adopt rules
and guidelines relating to the control of radiation; and §12.001, which
provides the board with the authority to adopt rules for its procedure and
for the performance of each duty imposed by law on the board, the department,
or the commissioner of health.
The amendment affects Health and Safety Code, Chapters 12 and 401. The
review of the rule implements Government Code, §2001.039.
§289.232.Radiation Control Regulations for Dental Radiation Machines.
(a)
Purpose. This section establishes the following.
(1)-(2)
(No change.)
(3)
Requirements
[
(4)
Requirements for the use of dental radiation machines.
[
(5)
(No change.)
(6)
Requirements for providing notices to employees and instructions
and options available to such individuals in connection with agency inspections
of registrants to ascertain compliance with the provisions of the Texas Radiation
Control Act
, Health and Safety Code, Chapter 401,
and
requirements
of this chapter
[
(7)
Governing of the following in accordance with the Texas
Radiation Control Act, the Texas Administrative Procedure Act,
Health
and Safety Code, Chapter 401;
Texas Government Code, Chapter 2001
;
[
(A)-(D)
(No change.)
(b)
Scope.
(1)
Except as specifically provided in other sections of this
chapter, this section applies to persons who receive, possess, use, or transfer
dental radiation machines. The dose limits in this section do not apply to
doses due to background radiation, to exposure of patients to radiation for
the purpose of dental diagnosis, to exposure from individuals administered
radioactive material and released in accordance with this chapter, or to voluntary
participation in medical research programs.
No radiation may be deliberately
applied to human beings except by or under the supervision of a dentist licensed
by the Texas State Board of Dental Examiners.
(2)
(No change.)
(3)
Dental radiation machines located in a facility that also
has other healing arts radiation machines will be inspected at the intervals
specified in §289.231(ll)(1) of this title (relating to General Provisions
and Standards for Protection Against [
(4)
The agency may, by
requirements in this chapter
[
(5)
Registrants who are also licensed
by the agency to receive, possess, use, and transfer radioactive materials
must also comply with the applicable requirements of §289.201 of this
title (relating to General Provisions for Radioactive Material), §289.202
of this title (relating to Standards for Protection Against Radiation from
Radioactive Materials), §289.252 of this title (relating to Licensing
of Radioactive Material), §289.256 of this title (relating to Medical
and Veterinary Use of Radioactive Material), and §289.257 of this title
(relating to Packaging and Transportation of Radioactive Material).
(c)
Definitions. The following words and terms when used in
this section shall have the following meaning, unless the context clearly
indicates otherwise.
(1)-(2)
(No change.)
(3)
Act - Texas Radiation Control
Act, Health and Safety Code, Chapter 401.
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
Figure: 25 TAC §289.232(c)(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(A)
safety or safeguards;
(B)
compliance with regulatory registration condition requirements;
(C)
proposed corrective measures including, but not limited
to, schedules for implementation; and
(D)
enforcement options available to the agency.
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(A)
individual monitoring devices; or
(B)
survey data.
(47)
[
(48)
[
(49)
[
[
(50)-(54)
(No change.)
(55)
Leakage radiation - Radiation emanating from the diagnostic
assembly except for the useful beam and radiation produced
when the exposure
switch or timer is not activated
.
(56)-(63)
(No change.)
(64)
Medical research - The investigation of various health
risks and diseases [
(65)-(66)
(No change.)
(67)
Mobile
service operation
[
[
(68)
[
(69)
[
(70)
[
(A)
corrective steps taken by the
person
[
(B)
corrective steps to be taken to prevent recurrence; and
(C)
the projected date for achieving full compliance. The agency
may require responses to notices of violation to be under oath.
(71)
[
(72)
[
(73)
[
(A)
the agency;
and
(B)
an applicant, licensee, registrant, accredited mammography
facility, or certified industrial radiographer
.
[
[
(74)
[
(75)
[
(76)
[
(77)
[
(78)
[
(79)
[
(80)
[
(81)
[
(A)
Primary
[
(B)
Secondary
[
(82)
[
(83)
[
(84)
[
(A)
gamma and x rays; alpha and beta particles and other atomic
or nuclear particles or rays;
(B)
radiation emitted to energy density levels that could
reasonably cause bodily harm from an electronic device
[
(C)
sonic, ultrasonic, or infrasonic waves from any electronic
device or resulting from the operation of an electronic circuit in an electronic
device in the energy range to reasonably cause detectable bodily harm.
(85)
[
(86)
[
(87)
[
(88)
[
(89)
[
(90)
[
(91)
[
(92)
[
[
(93)
[
(A)
theoretical analysis, exploration, or experimentation;
or
(B)
the extension of investigative findings and theories of
a scientific or technical nature into practical application for experimental
and demonstration purposes, including the experimental production and testing
of models, devices, equipment, materials, and processes.
(94)
[
(95)
[
(96)
[
(97)
[
(98)
[
(99)
[
(100)
[
(101)
[
(102)
[
(103)
[
(104)
[
(105)
[
(106)
[
(107)
[
(108)
[
(109)
[
(110)
[
(111)
[
(112)
[
(A)
for capacitor energy storage equipment, peak tube potential
in kilovolt and quantity of charge in milliampere-second;
(B)
for field emission equipment rated for pulsed operation,
peak tube potential in kilovolt and number of x-ray pulses; and
(C)
for all other equipment, peak tube potential in kilovolt
and either tube current in milliamperes and exposure time in seconds or the
product of tube current and exposure time in milliampere-second.
(113)
[
(114)
[
(115)
[
(116)
[
(117)
[
(118)
[
(119)
[
(120)
[
(121)
[
(122)
[
(123)
[
(A)
portable x-ray equipment
[
[
(B)
[
(124)
[
(125)
[
(126)
[
(127)
[
(128)
[
(129)
[
(130)
[
(131)
[
(d)-(e)
(No change.)
(f)
Interpretations. Except as specifically authorized by the
agency in writing, no interpretation of the meaning of this chapter by any
officer or employee of the agency other than a written
legal
interpretation
by the
agency
[
(g)
Fees for Certificates of Registration for Dental Facilities.
(1)
Payment of fees.
(A)
Each application for a certificate of registration [
(B)
A nonrefundable fee
of $300
[
(i)
For each additional use location
authorized on a single certificate of registration, the registrant will pay
an additional $90.
(ii)
In the case of a single certificate of
registration that authorizes more than one category of use, the category listed
in §289.204(h) of this title (relating to Fees for Certificates of Registration,
Radioactive Material Licenses, Emergency Planning and Implementation, and
Other Regulatory Services) and assigned the higher fee will be used. If this
certificate of registration also has additional authorized use sites, the
registrant shall pay an additional 30% of the highest fee category.
[
(C)
Each application for reciprocal recognition of an out-of-state
registration in accordance with subsection (h)(9) of this section shall be
accompanied by the
$300
[
(D)
(No change.)
[
[
(2)
[
(A)
In any case where the agency finds that an applicant for
a certificate of registration has failed to pay the fee prescribed in this
section, the agency will not process that application until such fee is paid.
[
(B)
[
(3)
Fees for Texas Online participation.
For all applications and renewal applications, the department is authorized
to collect subscription and convenience fees, in amounts determined by the
Texas Online Authority, to recover costs associated with application and renewal
application processing through Texas Online.
(h)
Registration of Radiation Machine Use.
(1)
Application for registration.
(A)
Each person having a radiation machine
used in dentistry
shall apply for registration with the agency within 30 days after beginning
use of the radiation machine, except for mobile services that shall be registered
in accordance with paragraph (2) of this subsection and clinical trial evaluations
that shall be registered in accordance with paragraph (5)(B) of this subsection.
(B)-(I)
(No change.)
(J)
Each application shall be accompanied by a completed
BRC Form 226-1,
Business Information Form
[
(K)
(No change.)
(2)
Application for registration of mobile
service operation
[
(A)
An established main location where the
machine(s)
[
(B)
A sketch or description of the normal configuration of
each
radiation
[
(C)
(No change.)
(3)
Issuance of certificate of registration.
(A)
Upon a determination that an application meets the requirements
of the Texas Radiation Control Act and the
requirements of this chapter
[
(B)
(No change.)
(4)
Specific terms and conditions of certificates of registration.
(A)
Each certificate of registration issued in accordance with
this section shall be subject to the applicable provisions of the Texas Radiation
Control Act, now or hereafter in effect, and to the applicable
requirements
of this chapter
[
(B)-(E)
(No change.)
(F)
In making a determination whether
to grant, deny, amend, renew, revoke, suspend, or restrict a certificate of
registration, the agency may consider the technical competence and compliance
history of an applicant or holder of a certificate of registration. After
an opportunity for a hearing, the agency shall deny an application for a certificate
of registration, an amendment to a certificate of registration, or renewal
of a certificate of registration if the applicant's compliance history reveals
that at least three agency actions have been issued against the applicant,
within the previous six years, that assess administrative or civil penalties
against the applicant, or that revoke or suspend the certificate of registration.
(G)
No registrant shall engage
any person for services described in §289.226(j) of this title (relating
to Registration of Radiation Machine Use and Services) until such person provides
evidence to the registrant of registration with the agency.
(5)
Responsibilities of the registrant.
(A)
The registrant shall notify the agency
in writing
within 30 days of any
of the following
changes that would
render the information contained in the application for registration and/or
the certificate of registration inaccurate
:
[
(i)
name and mailing address;
(ii)
street address where machine
will be used;
(iii)
RSO; or
(iv)
name of entity contracted
for "provider of equipment" registered in accordance with §289.226 of
this title.
(B)
The following criteria applies to loaner
or demonstration
radiation machines and radiation machines used for clinical trial evaluations.
For persons having a valid certificate of registration, radiation machines
used for clinical trial evaluations and loaner or demonstration radiation
machines may be used for up to 60 days. After 60 days, the registrant shall
notify the agency of the following:
(i)
any change in the category(ies)
of machine type or type of use as authorized in the certificate of registration
(for example, addition of a computerized tomography machine to the authorized
dental radiographic machine); or
(ii)
any increase in the number
of machines authorized by the certificate of registration in any machine type
or type of use category.
[
[
(C)
The following applies to voluntary or involuntary petitions
for bankruptcy.
(i)
Each registrant shall notify the agency, in writing, immediately
following the filing of a voluntary or involuntary petition for bankruptcy
by the registrant or its parent company
.
This notification shall
include:
(I)
the bankruptcy court in which
the petition for bankruptcy was filed; and
(II)
the date of the filing of
the petition.
[
[
[
(ii)
[
(D)
Inventory.
(i)
Each registrant shall [
(I)
manufacturer's name;
(II)
model and serial number of
the control panel; and
(III)
location of radiation machine(s),
for example, room number.
(ii)
Notification to the agency
concerning radiation machine inventory is required within 30 days of either
of the following:
(I)
any change in the category(ies) of machine type
or type of use as authorized in the certificate of registration (for example,
addition of a computerized tomography machine to the authorized dental radiographic
machine); or
(II)
any increase in the number of machines authorized
by the certificate of registration in any machine type or type of use category.
[
(E)
(No change.)
(F)
Records of training and experience
required by this section shall be maintained for inspection by the agency
until disposal is authorized by the agency.
(6)
Expiration of certificates of registration.
(A)
Effective September 1, 2004, the term of the certificate
of registration is two years. Each certificate of registration expires at
the end of the day, in the month and year stated in the certificate of registration.
Upon payment of the fee required by subsection (g)(1)(B) of this section,
and if the agency does not deny the renewal in accordance with subsection
(h)(4)(F) of this section, the certificate of registration will be renewed.
[
(B)
If the fee is not paid and
the certificate of registration is not renewed in accordance with subparagraph
(A) of this paragraph, the certificate of registration expires, and the registrant
is in violation of the requirements in this chapter and is subject to administrative
penalties in accordance with §289.205 of this title.
(i)
If the registrant pays the fee required by §289.204
of this title within 30 days after expiration of the certificate of registration,
the certificate of registration will be reinstated and the registrant will
not be required to file an application in accordance with subsection (h) of
this section.
(ii)
If the registrant fails to pay the fee within
30 days after expiration of the certificate of registration, the registrant
shall file an application in accordance with subsection (h) of this section.
(C)
[
(i)
terminate use of all radiation machines
within 30
days following the expiration date
;
and
(ii)
submit
to the agency
a record of the disposition
of the radiation machines
and if transferred, to whom transferred within
30 days following the expiration date.
[
[
(D)
Expiration of the certificate
of registration does not relieve the registrant of the requirements of this
chapter.
(7)
Termination of certificates of registration. When a registrant
decides to terminate all activities involving radiation machines authorized
under the certificate of registration, the registrant shall notify the agency
immediately and:
(A)
(No change.)
(B)
submit
to the agency
a record of the disposition
of the radiation machines
and if transferred, to whom transferred
;
and
(C)
(No change.)
(8)
Modification, suspension, and
revocation of certificate of registration.
(A)
The terms and conditions of all certificates
of registration shall be subject to revision or modification. A certificate
of registration may be suspended or revoked by reason of amendments to the
Act, by reason of requirements of this chapter or orders issued by the agency.
(B)
Any certificate of registration may be revoked,
suspended, or modified, in whole or in part, for any of the following:
(i)
any material false statement in the application
or any statement of fact required under provisions of the Act;
(ii)
conditions revealed by such application or
statement of fact or any report, record, or inspection, or other means that
would warrant the agency to refuse to grant a certificate of registration
on an original application;
(iii)
violation of, or failure to observe any of
the terms and conditions of the Act, this chapter, the certificate of registration,
or order of the agency; or
(iv)
existing conditions that constitute a substantial
threat to the public health or safety or the environment.
(C)
Each certificate of registration revoked by
the agency ends at the end of the day on the date of the agency's final determination
to revoke the certificate of registration, or on the revocation date stated
in the determination, or as otherwise provided by the agency order.
(D)
Except in cases in which the occupational and
public health or safety requires otherwise, no certificate of registration
shall be suspended or revoked unless, prior to the institution of proceedings
therefore, facts or conduct that may warrant such action shall have been called
to the attention of the registrant in writing and the registrant shall have
been afforded an opportunity to demonstrate compliance with all lawful requirements.
[
[
[
(9)
Reciprocal recognition of out-of-state certificates of
registration.
(A)
Whenever any radiation machine is to be brought into the
state for any temporary use, the person proposing to bring the machine into
the state shall apply for and receive a notice from the agency granting reciprocal
recognition prior to beginning operations. The request for reciprocity shall
include the following:
(i)
completed BRC Form 226-1
(Business Information Form)
[
(ii)-(iv)
(No change.)
(v)
copy of the applicant's current operating and safety procedures
pertinent to the proposed use; [
(vi)
the
[
(vii)
qualifications of personnel
who will be operating the machines.
(B)-(C)
(No change.)
(D)
When radiation machines are used as authorized under reciprocity,
the out-of-state registrant shall have the following in its possession at
all times for inspection by the agency:
(i)-(iii)
(No change.)
(iv)
copy of the applicable
rules
[
(E)-(F)
(No change.)
(G)
Reciprocal recognition will expire one year from the date
it is granted. A new request for reciprocity shall be submitted to the agency
each year. Reciprocity requests made after the initial request shall include
only the following:
(i)
completed BRC Form 226-1 (Business
Information Form);
(ii)
completed BRC Form 252-3 (Notice
of Intent to Work in Texas Under Reciprocity);
(iii)
name and Texas licensing
board number of the dentist if the radiation machines are used to irradiate
humans;
(iv)
copy of the applicant's current
state certificate of registration or equivalent document;
(v)
copy of the applicant's current
operating and safety procedures pertinent to the proposed use;
(vi)
the fee as specified in subsection
(g)(1) of this section; and
(vii)
qualifications of personnel
who will be operating the machines.
[
[
[
(H)
(No change.)
(10)
A radiation safety officer
(RSO) shall be designated on each application form. The qualifications of
that individual shall be submitted to the agency with the application.
(A)
The RSO shall have the following qualifications:
(i)
knowledge of potential hazards and emergency
precautions; and
(ii)
completed educational courses related to ionizing
radiation safety or a radiation safety officer course; or
(iii)
experience in the use and familiarity of the
type of equipment used; and
(B)
In addition to the qualifications in subparagraph
(A) of this paragraph, documentation of the following shall be submitted to
the agency:
(i)
dentist radiation safety officers shall provide
documentation of licensing board number and their signature on the application;
or
[
[
[
[
[
[
(ii)
[
(I)
[
(II)
[
(III)
[
(IV)
[
(V)
[
(VI)
[
(VII)
[
(-a-)
[
(-b-)
[
(VIII)
[
(IX)
[
(C)
[
(D)
[
(11)
(No change.)
(i)
Use of Dental Radiation Machines.
(1)-(2)
(No change.)
(3)
Operating and safety procedures. Each registrant shall
have and implement written operating and safety procedures. These procedures
shall be made available to each individual operating a radiation machine,
including any restrictions of the operating technique required for the safe
operation of the particular x-ray system.
(A)
The registrant shall document
that each individual operating a radiation machine has read the operating
and safety procedures and shall maintain this documentation for inspection
by the agency in accordance with subsection (k)(1)(X)(i) of this section.
The documentation shall include the following:
(i)
name and signature of individual;
(ii)
date individual read the operating and safety
procedures; and
(iii)
initials of the RSO.
(B)
The operating and safety procedures
[
(i)
[
(ii)
[
(iii)
[
(iv)
[
(v)
[
(vi)
[
(vii)
[
(viii)
[
(ix)
[
(4)
Personnel requirements.
(A)
Occupational dose limits.
(i)
The registrant shall control the occupational dose to individuals,
to the following dose limits.
(I)
(No change.)
(II)
The annual limits to the lens of the eye, to the skin
of the whole body
, and to the
skin of any
extremities shall
be:
(-a-)
(No change.)
(-b-)
a shallow dose equivalent of 50 rems (0.5 sievert) to
the skin
of the whole body
or to
the skin of
any extremity.
(III)-(V)
(No change.)
(ii)
The assigned deep dose equivalent [
(iii)
The deep dose equivalent, lens dose equivalent, and shallow
dose equivalent may be assessed from surveys [
(iv)
(No change.)
(B)-(D)
(No change.)
(5)
Facility requirements.
(A)-(B)
(No change.)
(C)
Notice to employees. The following form, or an equivalent
as stated in subparagraph (B)(ii) of this paragraph, shall be posted.
Figure: 25 TAC §289.232(i)(5)(C) (.pdf)
[
(D)-(E)
(No change.)
(6)
Radiation machine requirements.
(A)-(D)
(No change.)
[
(E)
[
(i)
Half-value layer.
(I)
The half-value layer of the useful beam for a given x-ray
tube potential shall not be less than the values shown in the following Table
I. If it is necessary to determine such half-value layer at an x-ray tube
potential that is not listed in Table I, linear interpolation may be made.
Figure: 25 TAC §289.232(i)(6)(E)(i)(I)
[
(II)
For capacitor energy storage equipment, compliance with
the requirements of this subparagraph shall be determined with the maximum
quantity of charge per exposure.
(ii)
Filtration controls. For x-ray systems that have variable
kilovolt peak and variable filtration for the useful beam, a device shall
link the kilovolt peak selector with the filters and shall prevent an exposure
unless the minimum amount of filtration required by clause (i) of this subparagraph
is in the useful beam for the given kilovolt peak that has been selected.
(iii)
Any other system having removable filters shall be required
to have the minimum amount of filtration as required by clause (i)(I) of this
subparagraph permanently located in the useful beam during each exposure.
(F)
[
(G)
[
(H)
[
(i)
The accuracy of the timer shall meet the manufacturer's
specifications. If the manufacturer's specifications are not obtainable, the
timer accuracy shall be (10% of the indicated time with testing performed
at 0.5 second.
(ii)
Means shall be provided to terminate the exposure at a
preset time interval, a preset product of current and time, a preset number
of pulses, or a preset radiation exposure to the image receptor. In addition,
it shall not be possible to make an exposure when the timer is set to a "zero"
or "off" position if either position is provided.
(I)
[
(J)
[
(K)
[
(L)
[
(M)
[
(i)
450 millirem for dental intraoral at 60 kilovolt peak and
above; and
(ii)
600 millirem for dental intraoral less than 60 kilovolt
peak.
(N)
[
(i)
The registrant shall secure radiation machines from unauthorized
removal.
(ii)
The registrant shall use devices and/or administrative
procedures to prevent unauthorized use of radiation machines.
(7)
Equipment performance evaluations.
(A)
For all dental radiation machines, the registrant shall
perform, or cause to be performed, tests necessary to assure proper function
of equipment with the indicated standard for each item specified in paragraph
(6)(H)-(M)
[
(B)
(No change.)
(C)
Any items not meeting the specifications of the tests shall
be corrected or repaired. Correction or repair shall begin within 30 days
following the check and shall be performed according to a plan designated
by the registrant. Correction or repair shall be completed no longer than
90 days from discovery unless authorized by the agency. Records of corrections
or repairs shall be maintained by the registrant in accordance with subsection
(k)(1)(X)(i) of this section
for inspection by the agency
.
(D)
(No change.)
(8)
Dental research.
In addition to the requirements of
subsection (h)(1) of this section, any
[
(9)-(12)
(No change.)
(13)
Additional operational controls.
(A)
When a patient or image receptor must be held in position
during radiography, mechanical supporting or restraining devices shall be
used
when the exam permits
except in individual cases in which
the registrant has determined that the holding devices are contraindicated.
(B)
The registrant's written operating and safety procedures
required by paragraph (3) of this subsection shall include the following:
(i)
a list of circumstances in which
mechanical holding
devices cannot be routinely utilized
[
(ii)
a procedure used for selecting an individual to hold or
support the patient or image receptor
.
[
[
(C)
The operator
position during the exposure shall be
such that the operator's exposure is as low as reasonably achievable and the
operator is a minimum of
[
(D)
In no case shall an individual hold the tube or tube
housing assembly support during any radiographic exposure.
[
(14)
Automatic and manual film processing for dental facilities
and mobile dental services.
(A)-(D)
(No change.)
(E)
Corrections or repairs of the light leaks or other deficiencies
in subparagraphs (B)-(D) of this paragraph shall be initiated within 72 hours
of discovery and completed no longer than 15 days from detection of the deficiency
unless a longer time is authorized by the agency.
Records of the corrections
or repairs shall include the date and initial of the individual performing
these functions and should be maintained in accordance with subsection (k)(1)(X)(i)
of this section for inspection by the agency.
(F)
(No change.)
(15)
(No change.)
(16)
Digital imaging acquisition
systems. Users of digital imaging acquisition systems shall follow quality
assurance/quality control protocol for image processing established by the
manufacturer or, if no manufacturer's protocol is available, by the registrant.
The registrant shall include the protocols, whether established by the registrant
or the manufacturer, in its operating and safety procedures. The registrant
shall document the frequency at which the quality assurance/quality control
protocol is performed. Documentation shall include the date and initials of
the individual completing the document and shall be maintained at the site
where performed in accordance with subsection (k)(1)(X)(i) of this section
for inspection by the agency.
(j)
Records and reports.
(1)
General provisions for records and reports.
(A)-(G)
(No change.)
(H)
Each registrant shall maintain
records of receipt, transfer, and disposal of radiation machines for inspection
by the agency. The records shall include the following information and shall
be kept until disposal is authorized by the agency:
(i)
manufacturer's name;
(ii)
model and serial number from the control panel;
(iii)
date of the receipt, transfer, and disposal;
and
(iv)
name of the individual recording the information.
(I)
[
(J)
[
(K)
[
(L)
[
(i)
Documents containing information that is claimed to fall
within an exception to the Texas Public Information Act shall be marked to
indicate that fact. Markings shall be placed on the document on origination
or submission.
(I)
The words "NOT AN OPEN RECORD" shall be placed conspicuously
at the top and bottom of each page containing information claimed to fall
within one of the exceptions.
(II)
The following wording shall be placed at the bottom of
the front cover and title page, or first page of text if there is no front
cover or title page:
Figure: 25 TAC §289.232(j)(1)(L)(i)(II)
[
(ii)
The agency requests, whenever possible, that all information
submitted under the claim of an exception to the Texas Public Information
Act be extracted from the main body of the application and submitted as a
separate annex or appendix to the application.
(iii)
Failure to comply with any of the procedures described
in subparagraphs (A) and (B) of this paragraph may result in all information
in the agency file being disclosed upon an open records request.
(M)
[
(N)
[
(i)
All requests for open records information shall be in writing
and refer to documents currently in possession of the agency.
(ii)
The agency will ascertain whether the information may
be released or whether it falls within an exception to the Texas Public Information
Act.
(I)
The agency may take a reasonable period of time to determine
whether information falls within one of the exceptions to the Texas Public
Information Act.
(II)
If the information is determined to be public, it will
be presented for inspection and/or copies of documents will be furnished within
a reasonable period of time. A fee will be charged to recover agency costs
for copies.
(iii)
Original copies of public records may not be removed
from the agency. Under no circumstances shall material be removed from existing
records.
(2)
Reports.
(A)
(No change.)
(B)
Reports of incidents.
(i)
Notwithstanding other requirements for notification, each
registrant shall immediately report each event involving a radiation machine
possessed by the registrant that may have caused or threatens to cause an
individual to receive:
(I)-(II)
(No change.)
(III)
a shallow dose equivalent to the skin
of the whole
body
or
to the skin of any
extremities of 250 rads (2.5 grays)
or more.
(ii)
Each registrant shall, within 24 hours of discovery of
the event, report to the agency each event involving loss of control of a
radiation machine possessed by the registrant that may have caused, or threatens
to cause an individual to receive, in a period of 24 hours:
(I)-(II)
(No change.)
(III)
a shallow dose equivalent to the skin
of the whole
body
or
to the skin of any
extremities exceeding 50 rems
(0.5 sievert).
(iii)-(iv)
(No change.)
(C)-(D)
(No change.)
(k)
Compliance
and hearing
procedures.
(1)
Inspections.
(A)-(S)
(No change.)
(T)
For remote inspection of radiation machines, each registrant
shall:
(i)-(ii)
(No change.)
(iii)
return to the agency the completed remote inspection
forms
including
[
(U)
Each registrant shall perform, upon instructions from the
agency, or shall permit the agency to perform such reasonable surveys as the
agency deems appropriate or necessary including, but not limited to, surveys
of:
(i)
(No change.)
(ii)
facilities
where
[
(iii)
(No change.)
(V)
(No change.)
(W)
Training for agency inspectors of
dental
radiation
machines.
(i)
Objectives. Training of agency
individuals who perform
inspections
[
(I)-(IX)
(No change.)
(ii)-(iv)
(No change.)
(X)
Time requirement for record keeping.
[
(i)
Each registrant shall maintain the following records/documents
at each location and make available to the agency for inspection.
Figure: 25 TAC §289.232(k)(1)(X)(i)
[
(ii)-(iii)
(No change.)
(2)
Hearing and enforcement procedures.
(A)
Violations.
A court
[
(B)
(No change.)
(C)
Compliance procedures for registrants
and other persons
.
(i)
A registrant
or other person
who commits a violation(s)
will be issued a notice of violation.
(ii)
(No change.)
(iii)
Any certificate of registration may be modified, suspended,
or revoked in whole or in part, for any of the following:
(I)
(No change.)
(II)
conditions revealed by such application or statement of
fact or any report, record, or inspection, or other means that would warrant
the agency to refuse to grant a certificate of registration on an original
application; [
(III)
violation of, or failure to observe
any of the
[
(IV)
existing conditions that constitute
a substantial threat to the public health or safety of the environment.
(iv)-(vi)
(No change.)
(vii)
Except in cases in which the occupational and public
health[
(viii)
(No change.)
(ix)
Any applicant or registrant against whom the agency contemplates
an action described in clause (viii) of this subparagraph may request a hearing
by
submitting a written request to
[
(I)-(II)
(No change.)
(D)
Assessment of Administrative Penalties.
(i)
When the agency determines that monetary penalties are
appropriate, proposals for assessment of and hearings on administrative penalties
shall be made in accordance with the Texas Radiation Control Act,
Health
and Safety Code,
§401.384,
Title 1, Texas Administrative Code,
Chapter 155,
and applicable sections of the Formal Hearing Procedures,
[
(ii)
(No change.)
(iii)
Application of administrative penalties. The agency may
impose differing levels of penalties for different severity level violations
and different classes of users as follows.
(I)
Administrative penalties may be imposed for severity level
I and II violations. Administrative penalties
may be imposed
[
(II)-(IV)
(No change.)
(iv)
The
agency
[
(E)
Severity levels of violations for registrants
or other
persons
.
(i)
Violations for registrants
or other persons
shall
be categorized by one of the following severity levels.
(I)-(V)
(No change.)
(ii)-(iii)
(No change.)
(F)
Impoundment of radiation machines. Radiation machines shall
be subject to impounding in accordance with
the Texas Radiation Control
Act, Health and Safety Code,
§401.068 [
(i)-(ii)
(No change.)
(iii)
If agency action is necessary to protect the public health
and safety, no prior notice need be given the owner or possessor. If agency
action is not necessary to protect the public health and safety, the agency
will give written notice to the owner and/or the possessor of the impounded
radiation machine of the intention to dispose of the radiation machine. Notice
shall be the same as provided in subparagraph (C)(viii) of this paragraph.
The owner or possessor shall have 30 days from the date of personal service
or mailing to request a hearing under
Title 1, Texas Administrative Code,
Chapter 155, and
the Formal Hearing Procedures, [
(iv)
Upon agency disposition of a source of radiation, the
agency may notify the owner and/or possessor of any expense the agency may
have incurred during the impoundment and/or disposition and request reimbursement.
If the amount is not paid within 60 days from the date of notice, the agency
may request the Attorney General to file suit against the owner/possessor
for the amount requested. [
(v)
(No change.)
(G)
Emergency orders [
(i)
When an emergency exists requiring immediate action to
protect the public health or safety or the environment, the agency may, without
notice or hearing, issue an order citing the existence of such emergency and
require that certain actions be taken as it shall direct to meet the emergency.
The agency shall, no later than 30 days following the end of the month in
which the action was taken, submit notice of the action for publication in
the
Texas Register
. The action taken will
remain in full force and effect unless and until modified by subsequent action
of the agency. [
(ii)-(iii)
(No change.)
(iv)
The
person
[
(I)-(III)
(No change.)
(H)
Miscellaneous provisions.
(i)
(No change.)
[
[
[
[
[
[
[
[
[
[
[
[
(ii)
[
[
(iii)
[
(I)
A witness or deponent who is not a party (or an employee,
agent, or representative of a party) and who is subpoenaed or otherwise compelled
to attend an agency hearing or a proceeding to give a deposition, or to produce
books, records, papers, accounts, documents, or other objects necessary and
proper for the purposes of the hearing or proceeding may receive reimbursement
for transportation and other costs at rates established by the current Appropriations
Act for state employees.
(II)
The person requesting the attendance of the witness or
deponent shall deposit with the agency the funds [
(iv)
[
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on March 22, 2004.
TRD-200402071
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 458-7236
25 TAC §289.260
The Texas Department of Health (department) proposes an amendment
to §289.260, concerning licensing of uranium recovery and byproduct material
disposal facilities.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Section 289.260
has been reviewed and the department has determined that the reasons for adopting
the section continue to exist; however, revisions to the rule are necessary
as outlined in this preamble.
The department published a Notice of Intention to Review for §289.260
regarding Government Code, §2001.039, in the
Texas Register
(29 TexReg 1231) on February 6, 2004. No comments were
received by the department on this section following publication of the notice.
The proposed revision incorporates legislation passed by the 78th Legislature,
Regular Session, 2003. House Bill (HB) 2292, which added Health and Safety
Code, §12.0112, requires two-year terms for radioactive material licenses.
The department has historically required renewal of specific licenses that
includes submission to the department of updated technical information regarding
the radioactive material possessed, operating, safety and emergency procedures,
and personnel responsible for the security of safe use of the radioactive
materials. In order to incorporate the provisions of HB 2292 concerning two-year
terms and to continue requiring a renewal that includes pertinent technical
information, the department is implementing an administrative renewal and
a technical renewal. The licensee will be required to renew the license every
two years by paying the required fee and having a satisfactory compliance
history. This administrative renewal will not involve review of technical
information regarding the license. At a longer interval, the licensee will
be required to submit certain technical information for review. This technical
renewal date will be specified in the license and will be for an interval
of an even number of years in order to eventually coincide with the fee renewal.
Maintaining the more resource-intensive technical renewal allows the department
to ensure continued security and safe use of radioactive material. The change
to the rule is reflected in revised subsections (h) and (i).
The proposed revision deletes the definition of "fund" as it is defined
in another applicable section of this title and as a result, subsequent definitions
are renumbered. Throughout the section, the revision deletes requirements
for: filing application for specific licenses; general requirements for the
issuance of specific licenses; issuance of specific licenses; specific terms
and conditions of licenses; and modification and revocation of licenses. These
requirements are currently addressed in §289.252 of this title (relating
to Licensing of Radioactive Material). All applicants for radioactive material
licenses and radioactive material licensees are required to comply with §289.252
of this title, as stated in this section and other sections of this title,
as applicable. Subsection (f)(2) is revised to prohibit commencement of construction
prior to issuance of a license. This requirement is an item of compatibility
with the United States Nuclear Regulatory Commission (NRC) and as an agreement
state, Texas must adopt it. In subsections (m)(5), (n)(1), and (n)(3), the
word "Fund" is replaced with "Account" after "Care" to accurately state the
name of the account as a result of changes authorized by House Bill 1678,
78th Legislature, Regular Session, 2003, which amended Health and Safety Code,
Chapter 401.
Concerning the entire section, several changes were made to rule citations
to state the correct citations and for renumbering purposes due to language
being added or deleted throughout the section. Other minor grammatical changes
have been made throughout the section.
This amendment is part of the department's continuing effort to update,
clarify, and simplify its rules regarding the control of radiation based upon
technological advances, public concerns, legislative directives, other factors,
or to incorporate requirements that are items of compatibility with NRC regulations
because as an agreement state, Texas must adopt compatible requirements.
Ruth E. McBurney, C.H.P., Director, Division of Licensing, Registration
and Standards, Bureau of Radiation Control, has determined that for each year
of the first five years the section will be in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the section as proposed.
Mrs. McBurney has also determined that for each year of the first five
years the proposed section will be in effect, the public benefit anticipated
as a result of enforcing the section will be to ensure continued protection
of the public, workers, and the environment from unnecessary exposure to radiation
by ensuring adequate requirements relative to the risk associated with uranium
recovery and byproduct material disposal facilities. There will be no fiscal
impact on applicants/licensees that are small businesses, micro-businesses
or other persons required to comply with the rule. No additional costs will
be incurred because the additional requirements are relatively minor changes
to the process for renewing licenses. In addition, the revisions correct reference
citations and clarify the intent. There is no anticipated impact on local
employment.
Comments on the proposal may be submitted to Ruth E. McBurney, C.H.P.,
Director, Division of Licensing, Registration and Standards, Bureau of Radiation
Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756-3189, Telephone (512) 834-6688 or electronic mail at Ruth.McBurney@tdh.state.tx.us.
Public comments will be accepted for 30 days following publication of this
proposal in the
Texas Register
. In addition,
a public meeting to accept oral comments will be held at 1:30 p.m., Wednesday,
April 14, 2004, in Conference Room N-218, Texas Department of Health, Bureau
of Radiation Control, located at the Exchange Building, 8407 Wall Street,
Austin, Texas.
The amendment is proposed under the Health and Safety Code, §401.051,
which provides the Texas Board of Health (board) with authority to adopt rules
and guidelines relating to the control of radiation; and §12.001, which
provides the Texas Board of Health (board) with the authority to adopt rules
for its procedure and for the performance of each duty imposed by law on the
board, the department, or the commissioner of health.
The amendment affects Health and Safety Code, Chapters 12 and 401. The
review of the rule implements Government Code, §2001.039.
§289.260.Licensing of Uranium Recovery and Byproduct Material Disposal Facilities.
(a)
(No change.)
(b)
Scope. In addition to the requirements of this section,
all licensees, unless otherwise specified, are subject to the requirements
of §289.201 of this title (relating to General Provisions for Radioactive
Material), §289.202 of this title (relating to Standards for Protection
Against Radiation from Radioactive
Materials
[
(c)
Definitions. The following words and terms when used in
this section shall have the following meaning unless the context clearly indicates
otherwise.
(1)
Aquifer--A geologic formation, group of formations, or
part of a formation capable of yielding a significant amount of groundwater
to wells or springs. Any saturated zone created by uranium or thorium recovery
operations would not be considered an aquifer unless the zone is or potentially
is:
(A) - (B)
(No change.)
(C)
reasonably accessible because of migration beyond the vertical
projection of the boundary of the land transferred for long-term government
ownership and care in accordance with subsection
(p)
[
(2) - (10)
(No change.)
(11)
Disposal area--The area containing byproduct materials
to which the requirements of subsection
(o)(16)-(27)
[
(12)
Existing portion--As used in subsection
(o)(9)(A)
[
(13)
Factors beyond the control of the licensee--Factors proximately
causing delay in meeting the schedule in the applicable reclamation plan for
the timely emplacement of the final radon barrier notwithstanding the good
faith efforts of the licensee to complete the barrier in compliance with subsection
(o)(24)
[
(A) - (I)
(No change.)
(14)
Final radon barrier--The earthen cover (or approved alternative
cover) over byproduct material constructed to comply with subsection
(o)(16)-(27)
[
[
(15)
[
(16)
[
(A)
the constituent is reasonably expected to be in or derived
from the byproduct material in the disposal area;
(B)
the constituent has been detected in the groundwater in
the uppermost aquifer; and
(C)
the constituent is listed in 10 CFR Part 40, Appendix A,
Criterion 13.
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(A)
cash deposits;
(B)
surety bonds;
(C)
certificates of deposit;
(D)
deposits of government securities;
(E)
irrevocable letters of credit; or
(F)
other security acceptable to the agency.
(27)
[
(28)
[
(29)
[
(30)
[
(d)
Filing application for specific licenses.
Unless otherwise
specified, an applicant for a license is subject to the requirements in §289.252(d)
of this title. The applicant shall also comply with the following additional
filing requirements.
(1)
Applications for specific licenses shall be filed in seven
copies
in a manner specified by the agency
[
[
[
[
(2)
[
(A)
An applicant or licensee shall show financial qualification
by submitting one of the following:
(i)
the bonding company report or equivalent (from which information
can be obtained to calculate a ratio as described in subparagraph (B) of this
paragraph) that was used to obtain the financial security instrument used
to meet the financial security requirement specified in subsection
(m)
[
(ii)
SEC documentation (from which information can be obtained
to calculate a ratio as described in subparagraph (B) of this paragraph),
if the applicant or licensee is a publicly-held company; or
(iii)
a self-test (for example, an annual audit report, certifying
a company's assets and liabilities and resulting ratio (as described in subparagraph
(B) of this paragraph) or, in the case of a new company, a business plan specifying
expected expenses versus capitalization and anticipated revenues).
(B)
Each applicant or licensee must declare its Standard Industry
Classification (SIC) code. Several companies publish lists, on an annual basis,
of acceptable assets-to-liabilities (assets divided by liabilities) ratio
ranges for each type of SIC code. If an applicant or licensee submits documentation
of its current assets and current liabilities or, in the case of a new company,
a business plan specifying expected expenses versus capitalization and anticipated
revenues, and the resulting ratio falls within an acceptable range as published
by generally recognized companies (for example, Almanac of Business and Industrial
Financial Ratios, Industry NORM and Key Business Ratios, Dun & Bradstreet
Industry publications, and Manufacturing USA: Industry Analyses, Statistics,
and Leading Companies), the agency will consider that applicant or licensee
financially qualified to conduct the requested or licensed activity.
(C)
The agency will consider other types of documentation if
that documentation provides an equivalent measure of assurance of the applicant's
or licensee's financial qualifications as found in subparagraphs (A) and (B)
of this paragraph.
(3)
[
(4)
[
[
[
(5)
[
(A)
The first period is the time from receipt of an application
by the Division of Licensing, Registration and Standards to the date of issuance
or denial of the license or a written notice outlining why the application
is incomplete or unacceptable. This time period is 180 days.
(B)
The second period is the time from receipt of the last
item necessary to complete the application to the date of issuance or denial
of the license. This time period is 180 days.
(C)
These time periods are exclusive of any time period incident
to hearings and post-hearing activities required by Government Code, Chapters
2001 and 2002.
(6)
[
(A)
In the event the application is not processed in the time
periods as stated in paragraph
(5)
[
(B)
Good cause for exceeding the period established is considered
to exist if:
(i)
the number of applications for licenses to be processed
exceeds by 15% or more the number processed in the same calendar quarter the
preceding year;
(ii)
another public or private entity utilized in the application
process caused the delay; or
(iii)
other conditions existed giving good cause for exceeding
the established periods.
(C)
If the request for full reimbursement authorized by subparagraph
(A) of this paragraph is denied, the applicant may then request a hearing
by appeal to the Commissioner of Health for a resolution of the dispute. The
appeal will be processed in accordance with
Title 1, Texas Administrative
Code, Chapter 155 (relating to Rules of Procedure) and
the Formal Hearing
Procedures, §§1.21, 1.23, 1.25, and 1.27 of this title (relating
to the Texas Board of Health).
[
[
[
[
(e)
General requirements for the issuance of specific licenses.
A license application will be approved if the agency determines that
the applicant has met the requirements of §289.252(e) of this title and
the following
:
[
[
[
(1)
[
(A)
possession of a high school diploma or a certificate of
high school equivalency based on the GED test; and
(B)
training and experience necessary to supervise the radiation
safety aspects of the licensed activity;
(2)
[
[
(f)
Special requirements for a license application for uranium
recovery and byproduct material disposal facilities. In addition to the requirements
in subsection (e) of this section, a license will be issued if the applicant
submits the items in paragraph (1) of this subsection for agency approval
and meets the conditions in paragraphs (2) and (3) of this subsection.
(1)
An application for a license shall include the following:
(A)
(No change.)
(B)
a closure plan for decontamination, decommissioning, restoration,
and reclamation of buildings and the site to levels that would allow unrestricted
use and for reclamation of the byproduct material disposal areas in accordance
with the technical requirements of subsection
(o)
[
(C)
proposal of an acceptable form and amount of financial
security consistent with the requirements of subsection
(m)
[
(D)
procedures describing the means employed to meet the requirements
of subsections
(g)(1) and (2) and (o)(15)
[
(E) - (F)
(No change.)
(2)
Unless otherwise exempted,
the applicant shall not
commence construction at the site until the agency has issued the license.
Commencement of construction prior to issuance of the license shall be grounds
for denial of a license.
[
(3)
(No change.)
[
[
[
[
[
[
[
(g)
[
[
[
[
[
[
[
[
[
(1)
[
(2)
[
(A)
any failure in a byproduct material retention system that
results in a release of byproduct material into unrestricted areas;
(B)
any release of radioactive material that exceeds the concentrations
for water listed in Table II, Column 2, of §289.202(ggg)(2) of this title
and that extends beyond the licensed boundary;
(C)
any spill that exceeds 20,000 gallons and that exceeds
the concentrations for water listed in Table II, Column 2, of §289.202(ggg)(2)
of this title; or
(D)
any release of solids that exceeds the limits in subsection
(h)(6)
[
(3)
[
(A)
any spill that extends:
(i)
beyond the wellfield monitor well ring;
(ii)
more than 400 feet from an injection or production well
pipe artery to or from a recovery plant; or
(iii)
more than 200 feet from a recovery plant; or
(B)
any spill that exceeds 2,000 gallons and that exceeds the
concentrations for water listed in Table II, Column 2, of §289.202(ggg)(2)
of this title.
(4)
[
(h)
[
(1)
Effective September 1, 2004, the term of the specific
license is two years.
Except as provided in paragraph
(4)
[
(2)
If the fee is not paid and
the license is not renewed in accordance with paragraph (1) of this subsection,
the license expires, and the licensee is in violation of the rules and is
subject to administrative penalties in accordance with §289.205 of this
title.
(A)
If the licensee pays the fee required by §289.204
of this title within 30 days after expiration of the license, the license
will be reinstated and the licensee will not be required to file an application
in accordance with subsection (d) of this section.
(B)
If the licensee fails to pay the fee within
30 days after expiration of the license, the licensee shall file an application
in accordance with subsection (d) of this section.
(3)
Expiration of the specific
license does not relieve the licensee of the requirements of this chapter.
(4)
[
(A)
be limited to actions involving radioactive material that
are related to decommissioning; and
(B)
continue to control entry to restricted areas until the
location(s) is suitable for release for unrestricted use in accordance with
the requirements of paragraph
(6)
[
(5)
[
(A)
the license has expired in accordance with paragraph (1)
of this subsection; or
(B)
the licensee has decided to permanently cease principal
activities, as defined in subsection
(c)(24)
[
(C)
no principal activities have been conducted for a period
of 24 months in any building or outdoor area that contains residual radioactivity
such that the building or outdoor area is unsuitable for release in accordance
with agency requirements.
(6)
[
(A)
The concentration of radium-226 or radium-228 in soil,
averaged over any 100 square meters (m
2
), shall
not exceed the background level by more than:
(i)
5 picocuries per gram (pCi/g) (0.185 becquerel per gram
(Bq/g)), averaged over the first 15 cm of soil below the surface; and
(ii)
15 pCi/g (0.555 Bq/g), averaged over 15 cm thick layers
of soil more than 15 cm below the surface.
(B)
The contamination of vegetation shall not exceed 5 pCi/g
(0.185 Bq/g), based on dry weight, for radium-226 or radium-228.
(C)
The concentration of natural uranium in soil, with no daughters
present, averaged over any 100 m
2
, shall not
exceed the background level by more than:
(i)
30 pCi/g (1.11 Bq/g), averaged over the top 15 cm of soil
below the surface; and
(ii)
150 pCi/g (5.55 Bq/g), average concentration at depths
greater than 15 centimeters below the surface so that no individual member
of the public will receive an effective dose equivalent in excess of 100 mrem
(1 mSv) per year.
(7)
[
[
[
(8)
[
(9)
[
(10)
[
(A)
procedures would involve techniques not applied routinely
during cleanup or maintenance operations;
(B)
workers would be entering areas not normally occupied where
surface contamination and radiation levels are significantly higher than routinely
encountered during operation;
(C)
procedures could result in significantly greater airborne
concentrations of radioactive materials than are present during operation;
or
(D)
procedures could result in significantly greater releases
of radioactive material to the environment than those associated with operation.
(11)
[
(12)
[
(13)
[
(A)
a description of the conditions of the site, separate buildings,
or outdoor area sufficient to evaluate the acceptability of the plan;
(B)
a description of planned decommissioning activities;
(C)
a description of methods used to ensure protection of workers
and the environment against radiation hazards during decommissioning;
(D)
a description of the planned final radiation survey;
(E)
an updated detailed cost estimate for decommissioning,
comparison of that estimate with present funds set aside for decommissioning,
and a plan for assuring the availability of adequate decommissioning; and
(F)
for decommissioning plans calling for completion of decommissioning
later than 24 months after plan approval, a justification for the delay based
on the criteria in paragraph
(17)
[
(14)
[
(15)
[
(16)
[
(17)
[
(A)
whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(B)
whether sufficient waste disposal capacity is available
to allow completion of decommissioning within the allotted 24-month period;
and
(C)
other site-specific factors that the agency may consider
appropriate on a case-by-case basis, such as the regulatory requirements of
other government agencies, lawsuits, groundwater treatment activities, monitored
natural groundwater restoration, actions that could result in more environmental
harm than deferred cleanup, and other factors beyond the control of the licensee.
(18)
[
(A)
certify the disposition of all radioactive material, including
accumulated byproduct material;
(B)
conduct a radiation survey of the premises where the licensed
activities were carried out and submit a report of the results of this survey
unless the licensee demonstrates that the premises are suitable for release
in accordance with paragraph
(6)
[
(i)
report the following levels:
(I)
gamma radiation in units of microroentgen per hour (µR/hr)
(millisieverts per hour (mSv/hr)) at 1 meter (m) from surfaces;
(II)
radioactivity, including alpha and beta, in units of disintegrations
per minute (dpm) or microcuries (µCi) (megabecquerels (MBq)) per 100
square centimeters (cm
2
) for surfaces;
(III)
µCi (MBq) per milliliter for water; and
(IV)
picocuries (pCi) (becquerels (Bq)) per gram (g) for solids
such as soils or concrete; and
(ii)
specify the manufacturer's name, and model and serial
number of survey instrument(s) used and certify that each instrument is properly
calibrated and tested.
(19)
[
(A)
radioactive material has been properly disposed;
(B)
reasonable effort has been made to eliminate residual radioactive
contamination, if present;
(C)
a radiation survey has been performed that demonstrates
that the premises are suitable for release in accordance with agency requirements;
(D)
other information submitted by the licensee is sufficient
to demonstrate that the premises are suitable for release in accordance with
the requirements of paragraph
(6)
[
(E)
all records required by §289.202(nn)(2) of this title
have been submitted to the agency;
(F)
the licensee has paid any outstanding fees required by §289.204
of this title and has resolved any outstanding notice(s) of violation issued
to the licensee;
(G)
the licensee has met the applicable technical and other
requirements for closure and reclamation of a byproduct material disposal
site; and
(H)
the United States Nuclear Regulatory Commission (NRC) has
made a determination that all applicable standards and requirements have been
met.
(20)
[
(21)
[
(i)
[
(1)
Application
[
(2)
In any case in which a licensee, [
(3)
An application for technical
renewal of a license will be approved if the agency determines that the requirements
of subsection (e) of this section have been satisfied.
(4)
If the application for technical
renewal of the license is not approved in accordance with paragraph (3) of
this subsection, the license expires, and the former licensee is subject to
enforcement action by the agency.
(5)
Expiration of the specific
license does not relieve the former licensee of the requirements of this chapter.
(j)
[
(k)
[
(l)
[
(1)
No licensee shall transfer radioactive material except
as authorized in accordance with this chapter.
(2)
Except as otherwise provided in a license and subject to
the provisions of paragraphs (3) and (4) of this subsection, any licensee
may transfer radioactive material:
(A)
to the agency after receiving prior approval from the agency;
(B)
to the United States Department of Energy;
(C)
to any person exempt from the licensing requirements of
the Act and these requirements or exempt from the licensing requirements of
the NRC or an agreement state, to the extent permitted by these exemptions;
(D)
to any person authorized to receive such material in accordance
with terms of a general license or its equivalent, a specific license or equivalent
licensing document issued by the agency, NRC, any agreement state, any licensing
state, or to any person otherwise authorized to receive such material by the
federal government or any agency of the federal government, or the agency;
(E)
to any person abroad pursuant to an export license issued
under Title 10, Chapter 1, CFR Part 110; or
(F)
as otherwise authorized by the agency in writing.
(3)
Before transferring radioactive material to a specific
licensee of the agency, NRC, an agreement state, a licensing state, or to
a general licensee who is required to register with the agency, the licensee
transferring the radioactive material shall verify that the transferee's license
authorizes the receipt of the type, form, and quantity of radioactive material
to be transferred.
(4)
The following methods for the verification of paragraph
(3) of this subsection are acceptable:
(A)
the transferor may possess and have read a current copy
of the transferee's specific license or registration certificate;
(B)
the transferor may possess a written certification by the
transferee that the transferee is authorized by the license or certificate
of registration to receive the type, form, and quantity of radioactive material
to be transferred, specifying the license or registration certificate number,
issuing agency, and expiration date;
(C)
for emergency shipments, the transferor may accept oral
certification by the transferee that the transferee is authorized by license
or registration certificate to receive the type, form, and quantity of radioactive
material to be transferred, specifying the license or registration certificate
number, issuing agency, and expiration date, provided that the oral certification
is confirmed in writing within ten days; or
(D)
when none of the methods of verification described in subparagraphs
(A)-(C) of this paragraph are readily available or when a transferor desires
to verify that information received by one of these methods is correct or
up-to-date, the transferor may obtain and record confirmation from the agency,
or the NRC, that the transferee is licensed to receive the radioactive material.
(5)
Preparation for shipment and transport of radioactive material
shall be in accordance with the provisions of §289.257 of this title.
[
[
[
[
[
[
[
[
(m)
[
(1)
Financial security for decontamination, decommissioning,
reclamation, restoration, disposal, and any other requirements of the agency
shall be established by each licensee prior to the commencement of operations
to assure that sufficient funds will be available to carry out the decontamination
and decommissioning of buildings and the site and for the reclamation of any
byproduct material disposal areas. The amount of funds to be ensured by such
security arrangements shall be based on agency-approved cost estimates in
an agency-approved closure plan for:
(A)
decontamination and decommissioning of buildings and the
site to levels that allow unrestricted use of these areas upon decommissioning;
and
(B)
the reclamation of byproduct material disposal areas in
accordance with technical criteria delineated in subsection
(o)
[
(2)
The licensee shall submit this
closure
plan
in conjunction with an environmental report that addresses the expected environmental
impacts of the licensee's operation, decommissioning and reclamation, and
evaluates alternatives for mitigating these impacts.
(3)
The security shall also cover the payment of the charge
for long-term surveillance and control for byproduct material disposal areas
required by subsection
(n)(3)
[
(4)
In establishing specific security arrangements, the licensee's
cost estimates must take into account total costs that would be incurred if
an independent contractor were hired to perform the decommissioning and reclamation
work. In order to avoid unnecessary duplication and expense, the agency may
accept financial securities that have been consolidated with financial or
security arrangements established to meet requirements of other federal or
state agencies and/or local governing bodies for such decommissioning, decontamination,
reclamation, and long-term site surveillance and control, provided such arrangements
are considered adequate to satisfy these requirements and that the portion
of the security that covers the decommissioning and reclamation of the buildings,
site, and byproduct material disposal areas, and the long-term funding charge
is clearly identified and committed for use in accomplishing these activities.
(5)
The security shall be continuous for the term of the license
and shall be payable in the
State
[
(6)
The licensee's security mechanism will be reviewed annually
by the agency to assure that sufficient funds would be available for completion
of the reclamation plan if the work had to be performed by an independent
contractor. The amount of security liability should be adjusted to recognize
any increases or decreases resulting from inflation, changes in engineering
plans, activities performed, and any other conditions affecting costs.
(7)
Regardless of whether reclamation is phased through the
life of the operation or takes place at the end of operations, an appropriate
portion of security liability shall be retained until final compliance with
the reclamation plan is determined. This will yield a security that is at
least sufficient at all times to cover the costs of decommissioning and reclamation
of the areas that are expected to be disturbed before the next license
technical
renewal. The term of the security mechanism shall be open
ended. This assurance would be provided with a security instrument that is
written for a specified period of time (for example, five years) yet which
shall be automatically renewed unless the security notifies the agency and
the licensee some reasonable time (for example, 90 days) prior to the renewal
date of their intention not to renew. In such a situation the security requirement
still exists and the licensee would be required to submit an acceptable replacement
security within a brief period of time to allow at least 60 days for the agency
to collect.
(8)
Proof of forfeiture shall not be necessary to collect the
security so that in the event that the licensee could not provide an acceptable
replacement security within the required time, the security shall be automatically
collected prior to its expiration. The conditions described above would have
to be clearly stated on any security instrument, and shall be agreed upon
by all parties.
(9)
Self-insurance, or any arrangement that essentially constitutes
self insurance (for example, a contract with a state or federal agency), will
not satisfy the security requirement since this provides no additional assurance
other than that which already exists through license requirements.
(n)
[
(1)
Unless otherwise provided by the agency, each licensee
licensed in accordance with this part for disposal of byproduct material shall
make payments into the Radiation and Perpetual Care
Account
[
(2)
The final disposition of byproduct material should be such
that the need for ongoing active maintenance is eliminated to the maximum
extent practicable.
(3)
A minimum charge of $250,000 (1978 dollars) or more, if
demonstrated as necessary by the agency, shall be paid into the Radiation
and Perpetual Care
Account
[
(4)
The requirements of this subsection shall apply only to
those sites whose ownership is subject to being transferred to the state or
the federal government. The total amount of funds collected by the agency
in accordance with this subsection shall be transferred to the federal government
if title and custody of the byproduct material disposal site is transferred
to the federal government upon termination of the license.
(o)
[
(1)
Byproduct material handling and disposal systems shall
be designed to accommodate full-capacity production over the lifetime of the
facility. When later expansion of systems or operations may be likely, capability
of the disposal system to be modified to accommodate increased quantities
without degradation in long-term stability and other performance factors shall
be evaluated.
(2)
In selecting among alternative byproduct material disposal
sites or judging the adequacy of existing sites, the following site features
which would assure meeting the broad objective of isolating the tailings and
associated contaminants without ongoing active maintenance shall be considered:
(A)
remoteness from populated areas;
(B)
hydrogeologic and other environmental conditions conducive
to continued immobilization and isolation of contaminants from usable groundwater
sources; and
(C)
potential for minimizing erosion, disturbance, and dispersion
by natural forces over the long term.
(3)
The site selection process shall be an optimization to
the maximum extent reasonably achievable in terms of these site features.
(4)
In the selection of disposal sites, primary emphasis shall
be given to isolation of the byproduct material, a matter having long-term
impacts, as opposed to consideration only of short-term convenience or benefits
(e.g., minimization of transportation of land acquisition costs). While isolation
of byproduct material will also be a function of both site and engineering
design, overriding consideration shall be given to siting features.
(5)
Byproduct material should be disposed of in a manner such
that no active maintenance is required to preserve conditions of the site.
(6)
The applicant's environmental report shall evaluate alternative
sites and disposal methods and shall consider disposal of byproduct material
by placement below grade. Where full below grade burial is not practicable,
the size of retention structures, and size and steepness of slopes associated
with exposed embankments shall be minimized by excavation to the maximum extent
reasonably achievable or appropriate given the geologic and hydrologic conditions
at a site. In these cases, it shall be demonstrated that an above grade disposal
program will provide reasonably equivalent isolation of the byproduct material
from natural erosional forces.
(7)
To avoid proliferation of small waste disposal sites and
thereby reduce perpetual surveillance obligations, byproduct material from
in situ extraction operations, such as residues from solution evaporation
or contaminated control processes, and wastes from small remote above ground
extraction operations shall be disposed of at existing large mill tailings
disposal sites; unless, considering the nature of the wastes, such as their
volume and specific activity, and the costs and environmental impacts of transporting
the wastes to a large disposal site, such offsite disposal is demonstrated
to be impracticable or the advantages of onsite burial clearly outweigh the
benefits of reducing the perpetual surveillance obligations.
(8)
The following site and design requirements shall be adhered
to whether byproduct material is disposed of above or below grade:
(A)
the upstream rainfall catchment areas shall be minimized
to decrease erosion potential by flooding that could erode or wash out sections
of the byproduct material disposal area;
(B)
the topographic features shall provide good wind protection;
(C)
the embankment and cover slopes shall be relatively flat
after final stabilization to minimize erosion potential and to provide conservative
factors of safety assuring long term stability. The objective should be to
contour final slopes to grades that are as close as possible to those that
would be provided if byproduct material was disposed of below grade. Slopes
shall not be steeper than 5 horizontal to 1 vertical (5h:1v), except as specifically
authorized by the agency. Where steeper slopes are proposed, reasons why a
slope steeper than 5h:1v would be as equally resistant to erosion shall be
provided, and compensating factors and conditions that make such slopes acceptable
shall be identified;
(D)
a full self-sustaining vegetative cover shall be established
or rock cover employed to reduce wind and water erosion to negligible levels;
(E)
where a full vegetative cover is not likely to be self-sustaining
due to climatic conditions, such as in semi-arid and arid regions, rock cover
shall be employed on slopes of the impoundment system. The agency will consider
relaxing this requirement for extremely gentle slopes, such as those that
may exist on the top of the pile;
(F)
the following factors shall be considered in establishing
the final rock cover design to avoid displacement of rock particles by human
and animal traffic or by natural processes, and to preclude undercutting and
piping:
(i)
shape, size, composition, gradation of rock particles (excepting
bedding material, average particles size shall be at least cobble size or
greater);
(ii)
rock cover thickness and zoning of particles by size;
and
(iii)
steepness of underlying slopes.
(G)
individual rock fragments shall be dense, sound, and resistant
to abrasion, and shall be free from cracks, seams, and other defects that
would tend to unduly increase their destruction by erosion and weathering
action. Local rock materials are permissible provided the characteristics
under local climatic conditions indicate similar long-term performance as
a protective layer. Weak, friable, or laminated aggregate may not be used;
(H)
rock covering of slopes may not be required where top covers
are very thick (on the order of 10 m or greater); impoundment slopes are very
gentle (on the order of 10h:1v or less); bulk cover materials have inherently
favorable erosion resistance characteristics; there is negligible drainage
catchment area upstream of the pile; and there is good wind protection;
(I)
all impoundment surfaces shall be contoured to avoid areas
of concentrated surface runoff or abrupt or sharp changes in slope gradient.
In addition to rock cover on slopes, areas toward which surface runoff might
be directed shall be well protected with substantial rock cover (riprap).
In addition to providing for stability of the impoundment system itself, overall
stability, erosion potential, and geomorphology of surrounding terrain shall
be evaluated to assure that there are no ongoing or potential processes, such
as gully erosion, which would lead to impoundment instability;
(J)
the impoundment shall not be located near a capable fault
that could cause a maximum credible earthquake larger than that which the
impoundment could reasonably be expected to withstand; and
(K)
the impoundment should be designed to incorporate features
that will promote deposition. Design features that promote deposition of sediment
suspended in any runoff which flows into the impoundment area might be utilized.
The object of such a design feature would be to enhance the thickness of cover
over time.
(9)
Groundwater protection. The following groundwater protection
requirements and those in paragraphs (10) and (11) of this subsection and
subsection
(q)
[
(A)
The primary groundwater protection standard is a design
standard for surface impoundments used to manage byproduct material. Unless
exempted under paragraph (9)(C) of this subsection, surface impoundments (except
for an existing portion) shall have a liner that is designed, constructed,
and installed to prevent any migration of wastes out of the impoundment to
the adjacent subsurface soil, groundwater, or surface water at any time during
the active life (including the closure period) of the impoundment. If the
liner is constructed of materials that may allow wastes to migrate into the
liner during the active life of the facility, impoundment closure shall include
removal or decontamination of all waste residues, contaminated containment
system components (liners, etc.), contaminated subsoils, and structures and
equipment contaminated with waste and leachate. For impoundments that will
be closed with the liner material left in place, the liner shall be constructed
of materials that can prevent wastes from migrating into the liner during
the active life of the facility.
(B)
The liner required by subparagraph (A) of this paragraph
shall be:
(i)
constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due to
pressure gradients (including static head and external hydrogeologic forces),
physical contact with the waste or leachate to which they are exposed, climatic
conditions, the stress of installation, and the stress of daily operation;
(ii)
placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and below
the liner to prevent failure of the liner due to settlement, compression,
or uplift; and
(iii)
installed to cover all surrounding earth likely to be
in contact with the wastes or leachate.
(C)
The applicant or licensee will be exempted from the requirements
of subparagraph (A) of this paragraph if the agency finds, based on a demonstration
by the applicant or licensee, that alternate design and operating practices,
including the closure plan, together with site characteristics will prevent
the migration of any hazardous constituents into groundwater or surface water
at any future time. In deciding whether to grant an exemption, the agency
will consider:
(i)
the nature and quantity of the wastes;
(ii)
the proposed alternate design and operation;
(iii)
the hydrogeologic setting of the facility, including
the attenuative capacity and thickness of the liners and soils present between
the impoundment and groundwater or surface water; and
(iv)
all other factors that would influence the quality and
mobility of the leachate produced and the potential for it to migrate to groundwater
or surface water.
(D)
A surface impoundment shall be designed, constructed, maintained,
and operated to prevent overtopping resulting from normal or abnormal operations,
overfilling, wind and wave actions, rainfall, or run-off; from malfunctions
of level controllers, alarms, and other equipment; and from human error.
(E)
When dikes are used to form the surface impoundment, the
dikes shall be designed, constructed, and maintained with sufficient structural
integrity to prevent massive failure of the dikes. In ensuring structural
integrity, it shall not be presumed that the liner system will function without
leakage during the active life of the impoundment.
(10)
Byproduct materials shall be managed to conform to the
following secondary groundwater protection requirements:
(A)
hazardous constituents, as defined in subsection
(c)(16)
[
(B)
specified concentration limits are those limits established
by the agency as indicated in subparagraph (G) of this paragraph.
(C)
the agency will also establish the point of compliance
and compliance period on a site-specific basis through license conditions
and orders.
(D)
when the detection monitoring established under paragraphs
(28) and (29) of this section indicates leakage of hazardous constituents
from the disposal area, the agency will perform the following:
(i)
identify hazardous constituents;
(ii)
establish concentration limits;
(iii)
set the compliance period; and
(iv)
may adjust the point of compliance if needed in accordance
with developed data and site information regarding the flow of groundwater
or contaminants.
(E)
even when constituents meet all three tests in the definition
of hazardous constituent, the agency may exclude a detected constituent from
the set of hazardous constituents on a site-specific basis if it finds that
the constituent is not capable of posing a substantial present or potential
hazard to human health or the environment. In deciding whether to exclude
constituents, the agency will consider the following:
(i)
potential adverse effects on groundwater quality, considering
the following:
(I)
physical and chemical characteristics of the waste in the
licensed site, including its potential for migration;
(II)
hydrogeological characteristics of the licensed site and
surrounding land;
(III)
quantity of groundwater and the direction of groundwater
flow;
(IV)
proximity of groundwater users and groundwater withdrawal
rates;
(V)
current and future uses of groundwater in the area;
(VI)
existing quality of groundwater, including other sources
of contamination and cumulative impact on the groundwater quality;
(VII)
potential for human health risks caused by human exposure
to waste constituents;
(VIII)
potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(IX)
persistence and permanence of potential adverse effects.
(ii)
potential adverse effects on quality of hydraulically-connected
surface water, considering the:
(I)
volume and physical and chemical characteristics of the
byproduct material in the licensed site;
(II)
hydrogeological characteristics of the licensed site and
surrounding land;
(III)
quantity and quality of groundwater and the direction
of groundwater flow;
(IV)
patterns of rainfall in the region;
(V)
proximity of the licensed site to surface waters;
(VI)
current and future uses of surface waters in the area
and any water quality standards established for those surface waters;
(VII)
existing quality of surface water, including potential
impacts from other sources of contamination and the cumulative impact on surface
water quality;
(VIII)
potential for human health risks caused by human exposure
to waste constituents;
(IX)
potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(X)
persistence and permanence of the potential adverse effects.
(F)
In making any determinations under subparagraphs (E) and
(H) of this paragraph about the use of groundwater in the area around the
facility, the agency will consider any identification of underground sources
of drinking water and exempted aquifers made by the United States Environmental
Protection Agency (EPA) and the Texas Commission on Environmental Quality.
(G)
At the point of compliance, the concentration of a hazardous
constituent shall not exceed the following:
(i)
the agency approved background concentration in the groundwater
of the constituents listed in 10 CFR 40, Appendix A, Criterion 13;
(ii)
the respective value given in subsection
(q)
[
(iii)
an alternate concentration limit established by the agency.
(H)
Alternate concentration limits to background concentration
or to the drinking water limits in subsection
(q)
[
(11)
If the groundwater protection standards established under
subparagraph (D) of this paragraph are exceeded at a licensed site, a corrective
action program shall be put into operation as soon as is practicable, and
in no event later than 18 months after the agency finds that the standards
have been exceeded. The licensee shall submit the proposed corrective action
program and supporting rationale for agency approval prior to putting the
program into operation, unless otherwise directed by the agency. The licensee's
proposed program shall address removing or treating in place any hazardous
constituents that exceed concentration limits in groundwater between the point
of compliance and downgradient licensed site boundary. The licensee shall
continue corrective action measures to the extent necessary to achieve and
maintain compliance with the groundwater protection standard. The agency will
determine when the licensee may terminate corrective action measures based
on data from the groundwater monitoring program and other information that
provides reasonable assurance that the groundwater protection standard will
not be exceeded.
(12)
In developing and conducting groundwater protection programs,
applicants and licensees shall also consider the following:
(A)
where synthetic liners are used, a leakage-detection system
shall be installed immediately below the liner to ensure detection of any
major failures. This is in addition to the groundwater monitoring program
conducted as provided in paragraph (29) of this subsection. Where clay liners
are proposed or relatively thin, in situ clay soils are to be relied upon
for seepage control, tests shall be conducted with representative tailings
solutions and clay materials to confirm that no significant deterioration
of permeability or stability properties will occur with continuous exposure
of clay to byproduct material solutions. Tests shall be run for a sufficient
period of time to reveal any effects that may occur;
(B)
mill process designs that provide the maximum practicable
recycle of solutions and conservation of water to reduce the net input of
liquid to the byproduct material impoundment;
(C)
dewatering of byproduct material solutions by process devices
and/or in situ drainage systems. At new sites, byproduct material solutions
shall be dewatered by a drainage system installed at the bottom of the impoundment
to lower the phreatic surface and reduce the driving head of seepage, unless
tests show byproduct material solutions are not amenable to such a system.
Where in situ dewatering is to be conducted, the impoundment bottom shall
be graded to assure that the drains are at a low point. The drains shall be
protected by suitable filter materials to assure that drains remain free-running.
The drainage system shall also be adequately sized to assure good drainage;
and
(D)
neutralization to promote immobilization of hazardous constituents.
(13)
Technical specifications shall be prepared for installation
of seepage control systems. A quality assurance, testing, and inspection program,
which includes supervision by a qualified engineer or scientist, shall be
established to assure that specifications are met. If adverse groundwater
impacts or conditions conducive to adverse groundwater impacts occur due to
seepage, action shall be taken to alleviate the impacts or conditions and
restore groundwater quality to levels consistent with those before operations
began. The specific seepage control and groundwater protection method, or
combination of methods, to be used shall be worked out on a site-specific
basis.
(14)
In support of a byproduct material disposal system proposal,
the applicant/licensee shall supply the following information:
(A)
the chemical and radioactive characteristics of the waste
solutions;
(B)
the characteristics of the underlying soil and geologic
formations particularly as they will control transport of contaminants and
solutions. This shall include detailed information concerning extent, thickness,
uniformity, shape, and orientation of underlying strata. Hydraulic gradients
and conductivities of the various formations shall be determined. This information
shall be gathered by borings and field survey methods taken within the proposed
impoundment area and in surrounding areas where contaminants might migrate
to groundwater. The information gathered on boreholes shall include both geologic
and geophysical logs in sufficient number and degree of sophistication to
allow determining significant discontinuities, fractures, and channeled deposits
of high hydraulic conductivity. If field survey methods are used, they should
be in addition to and calibrated with borehole logging. Hydrologic parameters
such as permeability shall not be determined on the basis of laboratory analysis
of samples alone. A sufficient amount of field testing (e.g., pump tests)
shall be conducted to assure actual field properties are adequately understood.
Testing shall be conducted to make possible estimates of chemisorption attenuation
properties of underlying soil and rock; and
(C)
location, extent, quality, capacity, and current uses of
any groundwater at and near the site.
(15)
If ore is stockpiled, methods shall be used to minimize
penetration of radionuclides and other substances into underlying soils.
(16)
In disposing of byproduct material, licensees shall place
an earthen cover over the byproduct material at the end of the facility's
operations and shall close the waste disposal area in accordance with a design
that provides reasonable assurance of control of radiological hazards to the
following:
(A)
be effective for 1,000 years to the extent reasonably achievable
and, in any case, for at least 200 years; and
(B)
limit releases of radon-222 from uranium byproduct materials
and radon-220 from thorium byproduct materials to the atmosphere so as not
to exceed an average release rate of 20 picocuries per square meter per second
(pCi/m
2
s) to the extent practicable throughout
the effective design life determined in accordance with subparagraph (A) of
this paragraph. This average applies to the entire surface of each disposal
area over a period of at least one year, but a period short compared to 100
years. Radon will come from both byproduct materials and cover materials.
Radon emissions from cover materials should be estimated as part of developing
a closure plan for each site. The standard, however, applies only to emissions
from byproduct materials to the atmosphere.
(17)
In computing required byproduct material cover thicknesses,
moisture in soils in excess of amounts found normally in similar soils in
similar circumstances shall not be considered. Direct gamma exposure from
the byproduct material should be reduced to background levels. The effects
of any thin synthetic layer shall not be taken into account in determining
the calculated radon exhalation level. Cover shall not include materials that
contain elevated levels of radium. Soils used for near-surface cover shall
be essentially the same, as far as radioactivity is concerned, as that of
surrounding surface soils. If non-soil materials are proposed as cover materials,
the licensee shall demonstrate that such materials will not crack or degrade
by differential settlement, weathering, or other mechanisms over the long
term.
(18)
As soon as reasonably achievable after emplacement of
the final cover to limit releases of radon-222 from uranium byproduct material
and prior to placement of erosion protection barriers of other features necessary
for long-term control of the tailings, the licensee shall verify through appropriate
testing and analysis that the design and construction of the final radon barrier
is effective in limiting releases of radon-222 to a level not exceeding 20pCi/m
(19)
When phased emplacement of the final radon barrier is
included in the applicable reclamation plan, as defined in subsection
(c)(25)
[
(20)
Within 90 days of the completion of all testing and analysis
relevant to the required verification in paragraphs (30)(C) and (30)(D) of
this subsection, the uranium recovery licensee shall report to the agency
the results detailing the actions taken to verify that levels of release of
radon-222 do not exceed 20 pCi/m
2
s when averaged
over the entire pile or impoundment. The licensee shall maintain records documenting
the source of input parameters, including the results of all measurements
on which they are based, the calculations and/or analytical methods used to
derive values for input parameters, and the procedure used to determine compliance.
These records shall be maintained until termination of the license and shall
be kept in a form suitable for transfer to the custodial agency at the time
of transfer of the site to the state or federal government in accordance with
subsection
(p)
[
(21)
Near-surface cover materials may not include waste, rock,
or other materials that contain elevated levels of radium. Soils used for
near-surface cover shall be essentially the same, as far as radioactivity
is concerned, as surrounding surface soils. This is to ensure that surface
radon exhalation is not significantly above background because of the cover
material itself.
(22)
The design requirements for longevity and control of radon
releases apply to any portion of a licensed and/or disposal site unless such
portion contains a concentration of radium in land averaged over areas of
100 square meters (m
2
), that, as a result of
byproduct material, does not exceed the background level by more than:
(A)
5 picocuries per gram (pCi/g) of radium-226, or in the
case of thorium byproduct material, radium-228, averaged over the first 15
centimeters (cm) below the surface; and
(B)
15 pCi/g of radium-226, or in the case of thorium byproduct
material, radium-228, averaged over 15-cm thick layers more than 15 cm below
surface.
(23)
The licensee shall also address the nonradiological hazards
associated with the waste in planning and implementing closure. The licensee
shall ensure that disposal areas are closed in a manner that minimizes the
need for further maintenance. To the extent necessary to prevent threats to
human health and the environment, the licensee shall control, minimize, or
eliminate post-closure escape of nonradiological hazardous constituents, leachate,
contaminated rainwater, or waste decomposition products to groundwater or
surface waters or to the atmosphere.
(24)
For impoundments containing uranium byproduct materials,
the final radon barrier shall be completed as expeditiously as practicable
considering technological feasibility after the pile or impoundment ceases
operation in accordance with a written reclamation plan, as defined in subsection
(c)(25)
[
(25)
The agency may approve by license amendment a licensee's
request to extend the time for performance of milestones related to emplacement
of the final radon barrier if, after providing an opportunity for public participation,
the agency finds that the licensee has adequately demonstrated in the manner
required in paragraph (18) of this subsection that releases of radon-222 do
not exceed an average of 20 pCi/m
2
s. If the delay
is approved on the basis that the radon releases do not exceed 20 pCi/m
(26)
The agency may authorize by license amendment, upon licensee
request, a portion of the impoundment to accept uranium byproduct material,
or such materials that are similar in physical, chemical, and radiological
characteristics to the uranium mill tailings and associated wastes already
in the pile or impoundment, from other sources during the closure process.
No such authorization will be made if it results in a delay or impediment
to emplacement of the final radon barrier over the remainder of the impoundment
in a manner that will achieve levels of radon-222 releases not exceeding 20
pCi/m
2
s averaged over the entire impoundment.
The verification required in paragraph (18) of this subsection may be completed
with a portion of the impoundment being used for further disposal if the agency
makes a final finding that the impoundment will continue to achieve a level
of radon-222 release not exceeding 20 pCi/m
2
s
averaged over the entire impoundment. After the final radon barrier is complete
except for the continuing disposal area, only byproduct material will be authorized
for disposal, and the disposal will be limited to the specified existing disposal
area. This authorization by license amendment will only be made after providing
opportunity for public participation. Reclamation of the disposal area, as
appropriate, shall be completed in a timely manner after disposal operations
cease in accordance with paragraph (16) of this subsection. These actions
are not required to be complete as part of meeting the deadline for final
radon barrier construction.
(27)
The licensee's closure plan shall provide reasonable assurance
that institutional control will be provided for the length of time found necessary
by the agency to ensure the requirements of paragraph (16) of this subsection
are met.
(28)
Prior to any major site construction, a preoperational
monitoring program shall be conducted for one full year to provide complete
baseline data on the site and its environs. Throughout the construction and
operating phases of the project, an operational monitoring program shall be
conducted to measure or evaluate compliance with applicable standards and
rules; to evaluate performance of control systems and procedures; to evaluate
environmental impacts of operation; and to detect potential long-term effects.
(29)
The licensee shall establish a detection monitoring program
needed for the agency to set the site-specific groundwater protection standards
in paragraph (10)(D) of this subsection. For all monitoring under this paragraph,
the licensee or applicant will propose, as license conditions for agency approval,
which constituents are to be monitored on a site-specific basis. The data
and information shall provide a sufficient basis to identify those hazardous
constituents that require concentration limit standards and to enable the
agency to set the limits for those constituents and compliance period. They
may provide the basis for adjustments to the point of compliance. The detection
monitoring program shall be in place when specified by the agency in orders
or license conditions. Once groundwater protection standards have been established
in accordance with paragraph (10)(D) of this subsection, the licensee shall
establish and implement a compliance monitoring program. In conjunction with
a corrective action program, the licensee shall establish and implement a
corrective action monitoring program to demonstrate the effectiveness of the
corrective actions. Any monitoring program required by this paragraph may
be based on existing monitoring programs to the extent the existing programs
can meet the stated objective for the program.
(30)
Systems shall be designed and operated so that all airborne
effluent releases are as low as is reasonably achievable. The primary means
of accomplishing this shall be by means of emission controls. Institutional
controls, such as extending the site boundary and exclusion area, may be employed
to ensure that offsite exposure limits are met, but only after all practicable
measures have been taken to control emissions at the source.
(A)
During operations and prior to closure, radiation doses
from radon emissions from surface impoundments of byproduct materials shall
be kept as low as is reasonably achievable.
(B)
Checks shall be made and logged hourly of all parameters
which determine the efficiency of emission control equipment operation. It
shall be determined whether or not conditions are within a range prescribed
to ensure that the equipment is operating consistently near peak efficiency.
Corrective action shall be taken when performance is outside of prescribed
ranges. Effluent control devices shall be operative at all times during drying
and packaging operations and whenever air is exhausting from the uranium dryer
stack. Drying and packaging operations shall terminate when controls are inoperative.
When checks indicate the equipment is not operating within the range prescribed
for peak efficiency, actions shall be taken to restore parameters to the prescribed
range. When this cannot be done without shutdown and repairs, drying and packaging
operations shall cease as soon as practicable. Operations may not be restarted
after cessation due to off-normal performance until needed corrective actions
have been identified and implemented. All such cessations, corrective actions,
and re-starts shall be reported to the agency in writing within ten days of
the subsequent restart.
(C)
To control dusting from byproduct material, that portion
not covered by standing liquids shall be wetted or chemically stabilized to
prevent or minimize blowing and dusting to the maximum extent reasonably achievable.
This requirement may be relaxed if byproduct material are effectively sheltered
from wind, as in the case of below-grade disposal. Consideration shall be
given in planning byproduct material disposal programs to methods for phased
covering and reclamation of byproduct material impoundments. To control dusting
from diffuse sources, applicants/licensees shall develop written operating
procedures specifying the methods of control that will be utilized.
(D)
Uranium recovery facility operations producing or involving
thorium byproduct material shall be conducted in such a manner as to provide
reasonable assurance that the annual dose equivalent does not exceed 25 millirems
(mrem) to the whole body, 75 mrem to the thyroid, and 25 mrem to any other
organ of any member of the public as a result of exposures to the planned
discharge of radioactive materials to the general environment, radon-220 and
its daughters excepted.
(E)
Byproduct materials shall be managed so as to conform to
the applicable provisions of 40 CFR 440, as codified on January 1, 1983.
(31)
Licensees/applicants may propose alternatives to the specific
requirements in subsections
(m)-(p)
[
(32)
The agency may find that the proposed alternatives meet
the agency's requirements if the alternatives will achieve a level of stabilization
and containment of the sites concerned and a level of protection for the public
health and safety and the environment from radiological and nonradiological
hazards associated with the sites, which is equivalent to, to the extent practicable,
or more stringent than the level that would be achieved by the requirements
of subsections
(m)-(p)
[
(33)
All site-specific licensing decisions based on the criteria
in subsections
(m)-(p)
[
(34)
Any proposed alternatives to the specific requirements
in subsections
(m)-(p)
[
(35)
No new site shall be located in a 100-year floodplain
or wetland as defined in "Floodplain Management Guidelines for Implementing
Executive Order 11988."
(p)
[
(1)
These criteria relating to ownership of byproduct material
and their disposal sites apply to all licenses terminated, issued, or renewed
after November 8, 1981.
(2)
Unless exempted by NRC, title to land (including any affected
interests therein) that is used for the disposal of byproduct material or
that is essential to ensure the long-term stability of the disposal site and
title to the byproduct material shall be transferred to the State of Texas
or the United States prior to the termination of the license. Material and
land transferred shall be transferred without cost to the State of Texas or
the United States. In cases where no ongoing site surveillance will be required,
surface land ownership transfer requirements may be waived. For licenses issued
before November 8, 1981, NRC may take into account the status of the ownership
of the land and interests therein, and the ability of a licensee to transfer
title and custody thereof to the State.
(3)
Any uranium recovery facility license shall contain terms
and conditions as the agency determines necessary to assure that, prior to
termination of the license, the licensee will comply with ownership requirements
of this subsection for sites used for tailings disposal.
(4)
For surface impoundments only, the applicant/licensee shall
demonstrate a serious effort to obtain severed mineral rights and shall, in
the event that fee simple title including all mineral rights cannot be obtained,
provide notification in local public land records of the fact that the land
is being used for the disposal of radioactive material and is subject to a
NRC license prohibiting the disruption and disturbance of the tailings.
(5)
If NRC, subsequent to title transfer, determines that use
of the surface or subsurface estates, or both, of the land transferred to
the state or federal government will not endanger the public health and safety
or the environment, NRC may permit the use of the surface or subsurface estates,
or both, of such land in a manner consistent with the provisions of this section.
If NRC permits the use of such land, it will provide the person who transferred
the land with the first refusal with respect to the use of such land.
(q)
[
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 22, 2004.
TRD-200402063
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 2, 2004
For further information, please call: (512) 458-7236
Subchapter B. DESIGN STANDARDS FOR PUBLIC SWIMMING POOL CONSTRUCTION
Chapter 289.
RADIATION CONTROL
These requirements are
]
intended to control the receipt, possession, use, and transfer of radiation
machines by any person so the total dose to an individual, including doses
resulting from all sources of radiation other than background radiation, does
not exceed the standards for protection against radiation prescribed in this
section. However, nothing in this section shall be construed as limiting actions
that may be necessary to protect health and safety in an emergency.
No radiation may be deliberately applied to human beings except by or
under the supervision of an individual licensed by the Texas State Board of
Dental Examiners.
] The registrant shall assure that the requirements
of this section are met in the operation of such radiation machines.
rules
], orders, and certificates of registration
issued thereunder regarding radiological working conditions.
,
]
Title 1 Texas Administrative Code (TAC), Chapter
155;
and the Formal Hearing Procedures, [
Chapter 1,
]
§§1.21, 1.23, 1.25, and 1.27
[
§§1.21-1.34
]
of this title (relating to the Texas Board of Health):
Radiation
] Machine-Produced
Radiation) and equipment performance evaluations shall be performed at the
interval specified for a medical facility in subsection §289.227(q)(1)
of this title (relating to Use of Radiation Machines in the Healing Arts and
Veterinary Medicine).
rule
],
an
order, or
a
condition of certificate
of registration, impose upon any registrant such requirements in addition
to those established in this chapter as it deems appropriate or necessary
to minimize danger to public health and safety or the environment.
(3)
] Administrative law judge (ALJ)
- A judge employed by the State Office of Administrative Hearings.
(4)
] Administrative penalty - A
monetary penalty assessed by the agency in accordance with the Texas Radiation
Control Act, §401.384, to emphasize the need for lasting remedial action
and to deter future violations.
(5)
] Adult - An individual 18 or
more years of age.
(6)
] Agency - The Texas Department
of Health.
(7)
] Agreement State - Any state
with which the United States Nuclear Regulatory Commission has entered into
an effective agreement under the Atomic Energy Act of 1954 (42 United States
Code et seq.), as amended.
(8)
] As low as is reasonably achievable
(ALARA) - Making every reasonable effort to maintain exposures to radiation
as far below the dose limits in this section as is practical, consistent with
the purpose for which the registered activity is undertaken, taking into account
the state of technology, the economics of improvements in relation to the
state of technology, the economics of improvements in relation to benefits
to the public health and safety, and other societal and socioeconomic considerations,
and in relation to utilization of ionizing radiation and radiation machines
in the public interest.
(9)
] Automatic exposure control
- A device that automatically controls one or more technique factors in order
to obtain a required quantity of radiation at preselected locations (See definition
for phototimer.)
(10)
] Background radiation - Radiation
from cosmic sources; non-technologically enhanced naturally occurring radioactive
material, including radon, except as a decay product of source or special
nuclear material; and including global fallout as it exists in the environment
from the testing of nuclear explosive devices or from past nuclear accidents
such as Chernobyl that contribute to background radiation and are not under
the control of the registrant. "Background radiation" does not include radiation
from sources of radiation regulated by the agency.
(11)
] Barrier
-
(See
definition for protective barrier.)
(12)
] Beam-limiting device - A
device that provides a means to restrict the dimensions of the x-ray field.
(13)
] Beam quality (diagnostic
x-ray) - A term that describes the penetrating power of the x-ray beam. This
is identified numerically by half-value layer and is influenced by kVp and
filtration.
(14)
] Board - The Texas Board of
Health.
(15)
] Certificate of registration
- A form of permission given by the agency to an applicant who has met the
requirements for registration set out in the Texas Radiation Control Act and
this section.
(16)
] Certified equipment - Equipment
that has been certified in accordance with Title 21, Code of Federal Regulations.
(17)
] Coefficient of variation
or C - The ratio of the standard deviation to the mean value of a population
of observations. It is estimated using the following equation:
Figure: 25 TAC §289.232(c)(17)]
(18)
] Collective dose - The sum
of the individual doses received in a given period of time by a specified
population from exposure to a specified source of radiation.
(19)
] Contested case - A proceeding
in which the agency determines the legal rights, duties, or privileges of
a party after an opportunity for adjudicative hearing.
(20)
] Continuous pressure type
switch - A switch so constructed that a circuit closing contact can be maintained
only by continuous pressure on the switch by the operator.
(21)
] Control panel - The part
of the radiation machine control upon which are mounted the switches, knobs,
push buttons, and other hardware necessary for manually setting the technique
factors.
(22)
] Declared pregnant woman -
A woman who has voluntarily informed the registrant, in writing, of her pregnancy
and the estimated date of conception. The declaration remains in effect until
the declared pregnant woman voluntarily withdraws the declaration in writing
or is no longer pregnant.
(23)
] Deep dose equivalent, that
applies to external whole body exposure - The dose equivalent at a tissue
depth of 1 centimeter (1000 milligrams per square centimeter)[
)
].
(24)
] Dentist - An individual licensed
by the Texas State Board of Dental Examiners.
(25)
] Diagnostic source assembly
- The tube housing assembly with a beam-limiting device attached.
(26)
] Dose - For external exposure
to x-ray radiation from radiation machines, a generic term that means absorbed
dose, dose equivalent, or total effective dose equivalent. For purposes of
this section, "radiation dose" is an equivalent term.
(27)
] Dose equivalent - The product
of the absorbed dose in tissue, quality factor, and all other necessary modifying
factors at the location of interest. The units of dose equivalent are the
sievert and rem.
(28)
] Dose limits - The permissible
upper bounds of radiation doses established in accordance with this section.
For purposes of this section, "limits" is an equivalent term.
(29)
] Embryo/fetus - The developing
human organism from conception until the time of birth.
(30)
] Enforcement conference -
A meeting held by the agency with management of a
person
[
registrant
] to discuss the following:
(31)
] Entrance exposure - The exposure
expressed in roentgens (R), measured in air with the specified technique,
calculated or adjusted to represent the exposure at the point where the center
of the useful beam enters the patient.
(32)
] Exposure - The quotient of
dQ by dm where "dQ" is the absolute value of the total charge of the ions
of one sign produced in air when all the electrons (negatrons and positrons)
liberated by photons in a volume element of air having mass "dm" are completely
stopped in air. The
International System of Units (SI)
[
SI
] unit of exposure is the coulomb per kilogram. For purposes of this
section, this term is used as a noun.
(33)
] Exposure rate - The exposure
per unit of time.
(34)
] External dose - That portion
of the dose equivalent received from any source of radiation outside the body.
(35)
] Extremity - Hand, elbow,
arm below the elbow, foot, knee, and leg below the knee. The arm above the
elbow and the leg above the knee are considered part of the whole body.
(36)
] Field emission equipment
- Equipment that uses an x-ray tube in which electron emission from the cathode
is due solely to the action of an electric field.
(37)
] Filter - Material placed
in the useful beam to preferentially absorb selected radiations.
(38)
] Gray - The SI unit of absorbed
dose. One gray is equal to an absorbed dose of 1 joule per kilogram or 100
rad.
(39)
] Half-value layer - The thickness
of a specified material that attenuates the beam of radiation to an extent
such that the exposure rate is reduced to one-half of its original value.
(40)
] Healing arts - Any system,
treatment, operation, diagnosis, prescription, or practice for the ascertainment,
cure, relief, palliation, adjustment, or correction of any human disease,
ailment, deformity, injury, or unhealthy or abnormal physical or mental condition.
(41)
] Hearing - A proceeding to
examine an application or other matter before the agency in order to adjudicate
rights, duties, or privileges.
(42)
] Human use - For exposure
to x-ray radiation from radiation machines, the external administration of
radiation to human beings for healing arts purposes or research and/or development
specifically authorized by the agency.
(43)
] Image receptor - Any device,
such as a fluorescent screen or radiographic film, that transforms incident
x-ray photons either into a visible image or into another form that can be
made into a visible image by further transformations.
(44)
] Individual - Any human being.
(45)
] Individual monitoring - The
assessment of dose equivalent to an individual by the use of:
(46)
] Individual monitoring devices
- Devices designed to be worn by a single individual for the assessment of
dose equivalent. For purposes of this section, "personnel dosimeter" and "dosimeter"
are equivalent terms. Examples of individual monitoring devices are film badges,
thermoluminescence dosimeters, optically stimulated luminescence dosimeters,
pocket ionization chambers (pocket dosimeters), and electronic personal dosimeters.
(47)
] Inspection - An official
examination and/or observation including, but not limited to, records, tests,
surveys, and monitoring to determine compliance with the Texas Radiation Control
Act and agency rules, orders, requirements, and conditions of the certificate
of registration.
(48)
] Institutional Review Board
- Any board, committee, or other group formally designated by an institution
to review, approve the initiation of, and conduct periodic review of biomedical
research involving human subjects.
(49)
Interested person - A person
who participates in a hearing concerning a contested case but who is not admitted
as a party by the ALJ.]
using radiation machines as part of the evaluation
process
].
services
]
-
The provision of radiation machines and personnel at temporary sites
for limited time periods. The radiation machines may be fixed inside a motorized
vehicle or may be a portable radiation machine that may be removed from the
vehicle and taken into a facility for use.
[
The utilization of
radiation machines in temporary locations for limited time periods. The radiation
machines may be fixed inside a mobile van or transported to temporary locations.
]
(68)
Mobile x-ray equipment -
(See definition for x-ray equipment).]
(69)
] Monitoring - The measurement
of radiation and the use of the results of these measurements to evaluate
potential exposures and doses. For purposes of this chapter, "radiation monitoring"
and "radiation protection monitoring" are equivalent terms.
(70)
] Non-certified equipment -
Equipment manufactured and assembled prior to certification requirements of
Title 21, Code of Federal Regulations (CFR), effective as specified in Title
21, CFR, §1020.30(a).
(71)
] Notice of violation - A written
statement of one or more alleged infringements of a legally binding requirement.
The notice [
normally
] requires the
person receiving the notice
[
registrant
] to provide a written statement describing the
following:
registrant
] and the results achieved;
(72)
] Occupational dose - The dose
received by an individual in the course of employment in which the individual's
assigned duties involve exposure to radiation from licensed/registered and
unlicensed/unregistered sources of radiation, whether in the possession of
the licensee/registrant or other person. Occupational dose does not include
dose received from background radiation, from any medical administration the
individual has received, from exposure to individuals administered radioactive
material and released in accordance with this chapter or from voluntary participation
in medical research programs, or as a member of the public.
(73)
] Order - A specific directive
contained in a legal document issued by the agency.
(74)
] Party - A person designated
as such by the ALJ. A party may consist of the following:
; and
]
(C)
any person affected.]
(75)
] Patient - An individual subjected
to dental examination, diagnosis, or treatment.
(76)
] Peak tube potential - The
maximum value of the potential difference in kilovolts across the x-ray tube
during an exposure.
(77)
] Person - Any individual,
corporation, partnership, firm, association, trust, estate, public or private
institution, group, agency, local government, any other state or political
subdivision or agency thereof, or any other legal entity, and any legal successor,
representative, agent, or agency of the foregoing, other than the United States
Nuclear Regulatory Commission, and other than federal government agencies
licensed or exempted by the United States Nuclear Regulatory Commission.
(78)
] Personnel monitoring equipment
- (See definition for individual monitoring devices.)
(79)
] Phototimer - A method for
controlling radiation exposures to image receptors by the amount of radiation
that reaches a radiation monitoring device. The radiation monitoring device
is part of an electronic circuit that controls the duration of time the tube
is activated (See definition for automatic exposure control).
(80)
] Portable x-ray equipment
- (See definition for x-ray equipment).
(81)
] Primary protective barrier
- (See definition for protective barrier).
(82)
] Protective barrier - A barrier
of radiation absorbing materials used to reduce radiation exposure. The types
of protective barriers are as follows:
primary
] protective barrier
- A barrier sufficient to attenuate the useful beam to the required degree
; or
[
.
]
secondary
] protective
barrier - A barrier sufficient to attenuate the stray radiation to the required
degree.
(83)
] Public dose - The dose received
by a member of the public from exposure to radiation from licensed/registered
and unlicensed/unregistered sources of radiation, whether in the possession
of the licensee/registrant or other person. It does not include occupational
dose or doses received from background radiation, from any medical administration
the individual has received, from exposure to individuals administered radioactive
material and released in accordance
with
this chapter or from voluntary
participation in medical research programs, or as a member of the public.
(84)
] Rad - The special unit of
absorbed dose. One rad is equal to an absorbed dose of 100 ergs per gram or
0.01 joule per kilogram (0.01 gray).
(85)
] Radiation - One or more of
the following:
stimulated
emission of radiation from any electronic device to such energy density levels
as to reasonably cause bodily harm
]; or
(86)
] Radiation area - Any area,
accessible to individuals, in which radiation levels could result in an individual
receiving a dose equivalent in excess of 0.005 rem (0.05 millisievert) in
one hour at 30 centimeters from the radiation machine or from any surface
that the radiation penetrates.
(87)
] Radiation machine - Any device
capable of producing ionizing radiation except those devices with radioactive
material as the only source of radiation.
(88)
] Radiation safety officer
- An individual who has a knowledge of and the authority and responsibility
to apply appropriate radiation protection rules, standards, and practices,
who shall be specifically authorized on a certificate of registration, and
who is the primary contact with the agency.
(89)
] Radiograph - An image receptor
on which the image is created directly or indirectly by an x-ray exposure
and results in a permanent record.
(90)
] Registrant - Any person issued
a certificate of registration by the agency in accordance with the Texas Radiation
Control Act and this chapter.
(91)
] Regulation - (See definition
for rule.)
(92)
] Rem - The special unit of
any of the quantities expressed as dose equivalent. The dose equivalent in
rem is equal to the absorbed dose in rad multiplied by the quality factor
(1 rem = 0.01 sievert).
(93)
] Remote inspection - An examination
by the agency of information submitted by the registrant on a form provided
by the agency.
(94)
Requestor - A person claiming
party status as a person affected.]
(95)
] Research and development
- Research and development is defined as:
(96)
] Restricted area - An area,
access to which is limited by the registrant for the purpose of protecting
individuals against undue risks from exposure to radiation. Restricted area
does not include areas used as residential quarters, but separate rooms in
a residential building may be set apart as a restricted area.
(97)
] Roentgen (R) - The special
unit of exposure. One roentgen (R) equals 2.58 x 10
-4
coulombs per kilogram of air. (See definition for exposure.)
(98)
] Rule - Any agency statement
of general applicability that implements, interprets, or prescribes law or
policy, or describes the procedure or practice requirements of an agency.
The term includes the amendment or repeal of a prior section but does not
include statements concerning only the internal management or organization
of any agency and not affecting private rights or procedures. The word "rule"
was formerly referred to as "regulation."
(99)
] Scattered radiation - Radiation
that has been deviated in direction during passage through matter.
(100)
] Secondary protective barrier
(See definition for protective barrier).
(101)
] Severity level - A classification
of violations based on relative seriousness of each violation and the significance
of the effect of the violation on the occupational or public health or safety.
(102)
] Shallow dose equivalent
- The dose equivalent at a tissue depth of 0.007 centimeters (7 milligrams
per square centimeter)
that applies to the external exposure of the skin
of the whole body or the skin of an extremity
[
averaged over an
area of 1 square centimeter (applies to the external exposure of the skin
or an extremity)
].
(103)
] SI - The abbreviation for
the International System of Units.
(104)
] Sievert - The SI unit of
any of the quantities expressed as dose equivalent. The dose equivalent in
sievert is equal to the absorbed dose in gray multiplied by the quality factor
(1 sievert = 100 rem).
(105)
] Source of radiation - Any
radioactive material, or any device or equipment emitting or capable of producing
radiation.
(106)
] Source-to-image receptor
distance - The distance from the source to the center of the input surface
of the image receptor.
(107)
] Source-to-skin distance
- The distance from the source to the skin of the patient.
(108)
] Special units - The conventional
units historically used by registrants, i.e., rad (absorbed dose), and rem
(dose equivalent).
(109)
] Stationary x-ray equipment
- (See definition for x-ray equipment).
(110)
] Stray radiation - The sum
of leakage and scattered radiation.
(111)
] Supervision - The delegating
of the task of applying radiation in accordance with this section to persons
not licensed in dentistry, who
perform tasks
[
provide services
] under the dentist's control. The dentist assumes full responsibility
for these tasks and shall assure that the tasks will be administered correctly.
(112)
] Survey - An evaluation
of the radiological conditions and potential hazards incident to the production,
use, transfer, and/or disposal of radiation machines. When appropriate, such
survey includes, but is not limited to, tests, physical examination of location
of equipment or radiation machines, and measurements of levels of radiation
present, and evaluation of administrative and/or engineered controls.
(113)
] Technique chart - A chart
that provides all necessary generator control settings and geometry needed
to make clinical radiographs when the radiation machine is in manual mode.
(114)
] Technique factors - The
conditions of operation that are specified as follows:
(115)
] Termination - A release
by the agency of the obligations and authorizations of the registrant under
the terms of the certificate of registration. It does not relieve a person
of duties and responsibilities imposed by law or rule.
(116)
] Texas Regulations for Control
of Radiation (TRCR) - All sections of Title 25 Texas Administrative Code,
Chapter 289.
(117)
] Total effective dose equivalent
- For external exposures only to x-ray radiation from radiation machines,
the total effective dose equivalent is equal to the deep dose equivalent.
(118)
] Traceable to a national
standard - This indicates that a quantity or a measurement has been compared
to a national standard, for example, the National Institute of Standards and
Technology, directly or indirectly through one or more intermediate steps
and that all comparisons have been documented.
(119)
] Tube - An x-ray tube, unless
otherwise specified.
(120)
] Tube housing assembly -
The tube housing with tube installed. It includes high-voltage and/or filament
transformers and other appropriate elements when such are contained within
the tube housing.
(121)
] Unrestricted area (uncontrolled
area) - An area, access to which is neither limited nor controlled by the
registrant. For purposes of this section, "uncontrolled area" is an equivalent
term.
(122)
] Useful beam - Radiation
that passes through the window, aperture, core, or other collimating device
of the source housing. Also referred to as the primary beam.
(123)
] Violation - An infringement
of any rule, license or registration condition, order of the agency, or any
provision of the Texas Radiation Control Act.
(124)
] X-ray control - A device
that controls input power to the x-ray high-voltage generator and/or the x-ray
tube. It includes components such as timers, phototimers, automatic brightness
stabilizers, and similar devices that control the technique factors of an
x-ray exposure.
(125)
] X-ray equipment - An x-ray
system, subsystem, or component thereof.
For the purposes of this rule,
types
[
Types
] of x-ray equipment are as follows:
mobile x-ray
equipment
] - x-ray equipment mounted on a permanent base with wheels
and/or casters for moving while completely assembled
or equipment designed
to be hand-carried
;
or
(B)
portable x-ray equipment -
x-ray equipment designed to be hand-carried; or]
(C)
] stationary x-ray equipment
- x-ray equipment that is installed in a fixed location.
(126)
] X-ray field - That area
of the intersection of the useful beam and any one of the set of planes parallel
to and including the plane of the image receptor, whose perimeter is the locus
of points at which the exposure rate is one-fourth of the maximum in the intersection.
(127)
] X-ray high-voltage generator
- A device that transforms electrical energy from the potential supplied by
the x-ray control to the tube operating potential. The device may also include
means for transforming alternating current to direct current, filament transformers
for the x-ray tubes, high-voltage switches, electrical protective devices,
and other appropriate elements.
(128)
] X-ray system - An assemblage
of components for the controlled production of x rays. It includes minimally
an x-ray high-voltage generator, an x-ray control, a tube housing assembly,
a beam-limiting device, and the necessary supporting structures. Additional
components that function with the system are considered integral parts of
the system.
(129)
] X-ray subsystem - Any combination
of two or more components of an x-ray system.
(130)
] X-ray tube - Any electron
tube that is designed to be used primarily for the production of x rays.
(131)
] Whole body - For purposes
of external exposure, head, trunk including male gonads, arms above the elbow,
or legs above the knee.
(132)
] Worker - An individual
engaged in work under a certificate of registration issued by the agency and
controlled by a registrant, but does not include the registrant.
(133)
] Year - The period of time
beginning in January used to determine compliance with the provisions of this
chapter. The registrant may change the starting date of the year used to determine
compliance by the registrant provided that the change is made at the beginning
of the year and that no day is omitted or duplicated in consecutive years.
Office of General Counsel, Texas Department
of Health
], will be considered binding upon the agency.
for which a fee is prescribed in paragraph (2) of this subsection
] shall
be accompanied by a nonrefundable fee
of $300
[
equal to the
appropriate annual fee
]. No application will be accepted for filing
or processed prior to payment of the full amount specified. [
For facilities
possessing ten or more machines at a single authorized use location, the fee
is specified in paragraph (2) of this subsection.
]
, in accordance
with paragraph (2) of this subsection,
] shall be paid [
annually
] for each certificate of registration for radiation machines
used in dentistry
.
The fee shall be for the two-year term of the
certificate of registration. The fee shall be paid in full on or before the
last day of the expiration month and year of the certificate of registration.
For facilities possessing one to nine machines at a single authorized use
location, the fee consists of a base fee plus a fee for each machine possessed.
]
applicable annual
] fee, provided
that no such fee has been submitted within
24
[
12
] months
of the date of commencement of the proposed activity.
(2)
Schedule of annual fees for
certificates of registration for dental radiation machines. The annual fees
for certificates of registration for dental radiation machines include the
following:]
Figure: 25 TAC §289.232(g)(2)]
(3)
] Failure to pay prescribed fees.
(B)
In any case where the agency
finds that a registrant has failed to pay a fee prescribed by this section
by the due date, the registrant shall pay a late payment fee of 20% of the
annual fee prescribed in paragraph (2) of this subsection, in addition to
the annual registration fee. The late payment fee shall not exceed $10,000
for each registrant who fails to pay the fees prescribed by this section.]
(C)
] In any case where the agency
finds that a registrant has failed to pay a fee prescribed by this section
by the due date,
the certificate of registration expires and
the
agency may implement compliance procedures as provided in subsection (k)(2)(C)
of this section.
Franchise
Tax Information Form, shall be submitted with the application to confirm that
no tax owed to the state under Tax Code, Chapter 171, is delinquent
].
services
] used in dentistry. In addition to the requirements
of paragraph (1) of this subsection, each applicant shall apply for and receive
authorization for mobile
service operation
[
services
]
before beginning mobile service operation. The following shall be submitted.
machine
], records, etc. will be maintained for inspection.
This shall be a street address, not a post office box number.
x-ray
] machine's use, including the
operator's position and any ancillary personnel's location during exposures.
If a mobile van is used with a fixed radiation machine inside, furnish the
floor plan indicating protective shielding and the operator's location.
rules of the agency
], the agency may issue a certificate
of registration authorizing the proposed activity in such form and containing
such conditions and limitations as
the agency
[
it
] deems
appropriate or necessary.
rules
] and orders of the agency.
.
]
(i)
Radiation machines used for
clinical trial evaluations and loaner or demonstration radiation machines
may be used for up to 60 days without adding the radiation machines to an
existing certificate of registration. If the use period will exceed 60 days,
the facility will be required to add the radiation machine to their certificate
of registration and a fee will be assessed. Radiation machines will be registered
in accordance with paragraph (1) of this subsection.]
(ii)
No fees will be assessed
for the operation of radiation machines for clinical trial evaluations or
loaner or demonstration radiation machines used for a period of 60 days or
less at a facility with a current certificate of registration.]
(ii)
The notification specified
in clause (i) of this subparagraph shall include:]
(I)
the bankruptcy court in which the petition
for bankruptcy was filed; and]
(II)
the date of the filing of the petition.]
(iii)
] A copy of the "petition
for bankruptcy" shall be submitted to the agency along with the written notification.
annually
] inventory all
radiation machines
at an interval not to exceed one year.
[
possessed.
] The inventory shall [
include the manufacturer's name
and model and serial number of the control panel and shall
] be made
and maintained for inspection by the agency in accordance with subsection
(k)(1)(X)(i) of this section
and shall include:
[
.
]
(ii)
Notification is required
within 30 days of any change of radiation machine inventory. This includes
installation or removal and the disposition of any machine disposed of or
transferred. The assembler's notification of installation may be accepted
in lieu of notification by the registrant. This does not relieve the registrant
of the responsibility to assure that proper notification has been made.]
Except as provided by paragraph (8) of this subsection, each
certificate of registration that specifies an expiration date expires at the
end of the day on that date. Expiration of the certificate of registration
does not relieve the registrant of the requirements of this section.
]
(B)
] If a registrant does not
pay the fee required by subsection (g) of this section and the certificate
of registration is not renewed,
[
submit an application for renewal
of the certificate of registration under paragraph (8) of this subsection,
as applicable,
] the registrant shall [
on or before the expiration
date specified in the certificate of registration
]:
; and
]
(iii)
pay any outstanding fees
in accordance with subsection (g) of this section.]
(8)
Renewal of certificate of
registration.]
(A)
Application for renewal of registration shall
be filed in accordance with paragraph (1) of this subsection.]
(B)
If a registrant files an application in proper
form before the existing certificate of registration expires, such existing
certificate of registration shall not expire until the application status
has been determined by the agency.]
(Franchise Tax Form)
];
and
]
annual
] fee as specified in
subsection (g)(2) of this section
; and
[
.
]
regulations
] as specified in the notice granting reciprocity.
(i)
a completed BRC Form 226-1
if the information is changed;]
(ii)
a completed BRC Form 252-3;
and]
(iii)
the annual fee as specified
in subsection (g)(2) of this section.]
(10)
Qualification requirements for radiation
safety officers.
]
(A)
All radiation safety officers shall meet
the following qualification requirements:
]
(i)
educational courses related to ionizing
radiation safety or a radiation safety officer course;
]
(ii)
experience in the use and familiarity
of the type of radiation machine used; and
]
(iii)
knowledge of potential radiation hazards
or emergency precautions.
]
(B)
Licensed dentist radiation safety officers
shall provide documentation of licensing board number and their signature
on the application; or
]
(C)
]
non-practitioner
[
Non-practitioner
] radiation safety officers shall provide any one of
the following:
(i)
] evidence of a valid general
certificate issued under the Medical Radiologic Technologist Certification
Act, Texas Occupations Code, Chapter 601, and at least two years of supervised
use of radiation machines;
(ii)
] evidence of a valid limited
general certificate issued under the Medical Radiologic Technologist Certification
Act, Texas Occupations Code, Chapter 601, and at least four years of supervised
use of radiation machines;
(iii)
] evidence of registry by
the American Registry of Radiologic Technologists (ARRT) or the American Registry
of Clinical Radiologic Technologists (ARCRT) and at least two years of supervised
use of radiation machines;
(iv)
] evidence of associate degree
in radiologic technology, health physics, or nuclear technology, and at least
two years of supervised use of radiation machines;
(v)
] evidence of registration with
the Board of Nurse Examiners as a Registered Nurse or a Registered Nurse with
an extended scope of practice (Nurse Practitioner) performing radiologic procedures,
and at least two years of supervised use of radiation machines in the respective
practitioners' specialty;
(vi)
] evidence of registration
with the Texas State Board of Physician Assistant Examiners, and at least
two years of supervised use of radiation machines in the respective practitioners'
specialty;
(vii)
] evidence of:
(I)
] registration with the Texas
State Board of Dental Examiners to perform radiologic procedures under a dentist's
instruction and direction or evidence of a valid certificate as a registered
dental hygienist; and
(II)
] at least four years of supervised
use of radiation machines in the respective dentists' specialty;
(viii)
] evidence of bachelor's
(or higher) degree in a natural or physical science, health physics, radiological
science, nuclear medicine, or nuclear engineering; or
(ix)
] evidence of a current Texas
license under the Medical Physics Practice Act, Texas Occupations Code, Chapter
602, in medical health physics, diagnostic radiological physics, or medical
nuclear physics for diagnostic x-ray facilities.
(D)
] Academic institutions and/or
research and development facilities shall have radiation safety officers who
are faculty or staff members in radiation protection, radiation engineering,
or related disciplines. (This individual may also serve as the radiation safety
officer over the dental section of the facility).
(E)
] The radiation safety officer
identified on a certificate of registration issued before September 1, 1993,
need not comply with the qualification requirements in this subsection.
These procedures
] shall include, but are not limited to, the following
procedures as applicable.
(A)
] use of a technique chart in
accordance with paragraph (6)(A) of this subsection;
(B)
] radiation dose requirements
in accordance with paragraph (4)(A) of this subsection;
(C)
] holding of patients or film
in accordance with paragraph (13)(A), (C), and (D) of this subsection;
(D)
] film processing program
or digital image processing
in accordance with paragraphs
(14)-(16)
[
(14) and (15)
] of this subsection;
(E)
] posting notices to workers
in accordance with paragraph (5)(B) of this subsection;
(F)
] instructions to workers in
accordance with paragraph (4)(D) of this subsection;
(G)
] notifications and reports
to individuals in accordance with subsection (j)(2)(B) and (C) of this section;
(H)
] ordering x-ray exams in
accordance with subsection (b)(1) of this section; and
(I)
] posting of a radiation area
in accordance with paragraph (5)(D) and (E) of this subsection.
and shallow dose
equivalent
] shall be for the portion of the body receiving the highest
exposure.
The assigned shallow dose equivalent shall be the dose averaged
over the contiguous 10 cm
2
of the skin receiving
the highest exposure.
, calculations,
]
or radiation measurements for the purpose of demonstrating compliance with
the occupational dose limits.
Figure: 25 TAC §289.232(i)(5)(C)]
(E)
Radiation from components
other than the diagnostic source assembly. The radiation emitted by a component
other than the diagnostic source assembly shall not exceed 2 millirem in one
hour at 5 centimeters from any accessible surface of the component when it
is operated in an assembled x-ray system under any conditions for which it
was designed. Measurement is averaged over an area of 100 square centimeter
with no linear dimension greater than 20 centimeters.]
(F)
] Beam quality. The following
requirements apply to beam quality.
Figure: 25 TAC §289.232(i)(6)(F)(i)(I)]
(G)
] Multiple tubes. Where two or
more radiographic tubes are controlled by one exposure switch, the tube or
tubes that have been selected shall be clearly indicated prior to initiation
of the exposure. This indication shall be both on the x-ray control panel
and at or near the tube housing assembly that has been selected.
(H)
] X-ray control. An x-ray control
shall be incorporated into each x-ray system such that an exposure can be
terminated by the operator at any time, except for exposures of 0.5 second
or less. [
Each x-ray control shall be located in such a way as to permit
the operator to remain in an area of less than 2 millirem in any one hour
during the entire exposure.
] The exposure switch shall be of the continuous
pressure type.
(I)
] Timer.
(J)
] Exposure
interval
reproducibility.
When all technique factors are held constant, including control panel selections
associated with automatic exposure control systems, the coefficient of variation
of exposure for both manual and automatic exposure control systems shall not
exceed 0.05. This requirement applies to clinically used techniques.
(K)
] Kilovolt peak. If the registrant
possesses documentation of the appropriate manufacturer's kilovolt peak specifications,
the radiation machine shall meet those specifications. If the registrant does
not possess documentation of the appropriate manufacturer's kilovolt peak
specifications, the indicated kilovolt peak shall be accurate to within ±10%
of the indicated setting(s). For radiation machines with fewer than three
fixed kilovolt peak settings, the radiation machine shall be checked at those
settings.
(L)
] Tube stability. The x-ray tube
shall remain physically stable during exposures. In cases where tubes are
designed to move during exposure, the registrant shall assure proper and free
movement of the radiation machine.
(M)
] Collimation. Field limitation
shall meet the requirements of paragraph (12) of this subsection.
(N)
] Radiographic entrance exposure
limits for dental facilities. The in-air exposure determined for the technique
used
by the registrant
for the specified average human adult patient
thickness for routine intraoral (bite wing) dental radiography shall not exceed
the following entrance exposure limits.
(O)
] Security and control of radiation
machines.
(6)(I)-(N)
] of this subsection. After installation,
the tests listed shall be performed every four years.
Any
] research using
radiation machines on humans
shall receive prior approval from the agency
and
shall be approved by an Institutional Review Board as required by
Title 45, CFR, Part 46 and Title 21, CFR, Part 56. The Institutional Review
Board shall include at least one dentist to direct any use of radiation in
accordance with subsection (a)(4) of this section.
exceptions to using mechanical
holding devices may apply
];
and
; and
]
(iii)
a procedure the individual
must follow when holding or supporting the patient or image receptor.]
shall stand at least
] six feet
from the useful beam or behind a protective barrier. The operator shall maintain
verbal, aural, and visual contact with the patient.
The
tube housing support shall be constructed and adjusted so that the tube housing
shall not drift from its set position during an exposure. Neither the tube
housing nor support housing shall be hand-held during an exposure.
]
(H)
] Copies of records required
in subsections (h)(5)(D) and (E), (i)(7), and (i)(14)(F) of this section and
by certificate of registration condition that are relevant to operations at
an additional authorized use location shall be maintained at that location
in addition to the main location specified on a certificate of registration
in accordance with subsection (k)(1)(X)(i) of this section.
(I)
] The registrant shall maintain
adequate safeguards against tampering with and loss of records.
(J)
] Subject to the limitations
provided in the Texas Public Information Act, Government Code, Chapter 552,
all information and data collected, assembled, or maintained by the agency
are public records open to inspection and copying during regular office hours.
(K)
] Any person who submits written
information or data to the agency and requests that the information be considered
confidential, privileged, or otherwise not available to the public under the
Texas Public Information Act, shall justify such request in writing, including
statutes and cases where applicable, addressed to the agency.
Figure: 25 TAC §289.232(j)(1)(K)(i)(II)]
(L)
] The agency will determine whether
information falls within one of the exceptions to the Texas Public Information
Act. The
agency
[
Office of General Counsel
] will
determine
[
be queried as to
] whether or not there has been
a previous determination that the information falls within one of the exceptions
to the Texas Public Information Act. If there has been no previous determination
and the agency believes that the information falls within one of the exceptions,
an opinion of the Attorney General will be requested. If the agency agrees
in writing to the request, the information shall not be open for public inspection
unless the Attorney General's office subsequently determines that it is not
an exception.
(M)
] Requests for information.
with
] documentation of the most recent
equipment performance evaluation performed in accordance with subsection (i)(7)
of this section
and an inventory in accordance with subsection (h)(5)(D)
of this section
by the deadline indicated on the forms.
wherein
] radiation
machines are used; and
inspectors
] of radiation machines will be conducted
by the agency. Upon completion of training, the inspector will be able to:
Record/document requirements.
]
Figure: 25 TAC §289.232(k)(1)(X)(i)]
An
] injunction
or [
other
] agency order may be
issued
[
obtained
] prohibiting any violation of any provision of the Texas Radiation
Control Act
, Health and Safety Code, Chapter 401,
or any rule
or order issued thereunder. Any person who violates any provision of the Texas
Radiation Control Act
, Health and Safety Code, Chapter 401,
or
any rule or order issued thereunder may be subject to civil and/or administrative
penalties. Such person may also be guilty of a misdemeanor.
or
]
applicable
] terms and conditions of the Texas Radiation Control Act,
Health and Safety Code, Chapter 401,
this section, or of the certificate
of registration, or order of the agency
; or
[
.
]
, interest,
] or safety requires otherwise, no certificate
of registration shall be [
modified,
] suspended [
,
] or
revoked unless, prior to the institution of proceedings therefore, facts or
conduct that may warrant such action shall have been called to the attention
of the registrant in writing, and the registrant shall have been afforded
an opportunity to demonstrate compliance with all lawful requirements.
writing
] the director
within 30 days of service
of the notice
[
or date of mailing
].
Chapter 1,
]
§§1.21, 1.23, 1.25, and 1.27
[
§§1.21-1.34
] of this title.
will be considered
] for severity level III, IV, and V violations when
they are combined with those of higher severity level(s) or for repeated violations
[
that could have been prevented by corrective action and for which the
registrant did not take effective corrective action
].
Office of General Counsel
] may conduct settlement negotiations.
of the Texas Radiation
Control Act
] and this paragraph.
Chapter 1,
]
§§1.21, 1.23, 1.25, and 1.27
[
§§1.21-1.34
]
of this title, and in accordance with subparagraph (C)(ix) of this paragraph,
concerning the intention of the agency. If no hearing is requested within
that period of time, the agency may take the contemplated action, and such
action is final.
If the owner/possessor desires to contest
the amount of such charge, the owner/possessor may request a hearing under
the Formal Hearing Procedures, Chapter 1, §§1.21-1.34 of this title
and in accordance with paragraph (2)(I) of this subsection.
]
for certificates of registration
].
These emergency orders shall apply to certificates of
registration.
]
registrant
] shall be
afforded the opportunity for a hearing on an emergency order. Notice of the
action, along with a complaint, shall be given to the
person
[
registrant
] by personal service or certified mail, addressed to the
last known address. A hearing shall be held on an emergency order if the person
receiving the order
submits a written request to the director
[
makes a written application to the agency for a hearing
] within 30 days
of the
date of the
order [
date
].
(ii)
Interested person.]
(I)
An interested person may:]
(-a-)
make sworn or unsworn statements;]
(-b-)
attend a hearing and may present evidence
after the presentation of evidence by the parties; or]
(-c-)
be represented by an attorney.]
(II)
An interested person may not:]
(-a-)
cross-examine the witnesses of the parties;]
(-b-)
object to evidence presented by the parties;
or]
(-c-)
appeal a decision rendered by the agency.]
(III)
An interested person is not responsible for
sharing the costs of the transcription of the hearing, but may purchase a
transcript.]
(IV)
The parties may cross-examine witnesses presented
by an interested person.]
(V)
At the discretion of the ALJ an interested
person may make an unsworn statement. Such statement shall not be made a part
of the record.]
(iii)
] Hearing location. Hearings
will be held at the offices of the State Office of Administrative Hearings
in Austin unless the ALJ specifies another location.
(iv)
Prior testimony. Testimony
and evidence presented in the hearing to determine standing have the same
weight at the hearing on the merits if a tape recording or written transcript
of the standing hearing is available.]
(v)
] Non-party witness and mileage
fees.
estimated by the ALJ
] to accrue in accordance with subclause (I) of this clause when filing
a motion for the issuance of a subpoena or a commission to take a deposition.
(vi)
] Service. A return of service
by the person who performed personal service, postal return receipt, or proof
of mailing to the last known address shall be conclusive evidence of service.
Subchapter F. LICENSE REGULATIONS
Material
]), §289.203
of this title (relating to Notices, Instructions, and Reports to Workers;
Inspections), §289.204 of this title (relating to Fees for Certificates
of Registration, Radioactive Material Licenses, Emergency Planning and Implementation,
and Other Regulatory Services), §289.205 of this title (relating to Hearing
and Enforcement Procedures), §289.251 of this title (relating to Exemptions,
General Licenses, and General License Acknowledgements), §289.252 of
this title, and §289.257 of this title (relating to Packaging and Transportation
of Radioactive Material).
(r)
] of this section.
(q)(16)-(27)
] of this section apply.
(q)(9)(A)
] of this section, "existing portion" is that
land surface area of an existing surface impoundment on which significant
quantities of byproduct materials had been placed prior to September 30, 1983.
(q)(24)
] of this section. These factors may include
but are not limited to:
(q)(16)-(27)
] of this section (excluding erosion
protection features).
(15)
Fund--The Radiation and Perpetual
Care Fund.]
(16)
] Groundwater--Water below
the land surface in a zone of saturation. For purposes of this section, groundwater
is the water contained within an aquifer as defined in paragraph (1) of this
subsection.
(17)
] Hazardous constituent--Subject
to subsection
(o)(10)(E)
[
(q)(10)(E)
] of this section,
"hazardous constituent" is a constituent that meets all three of the following
tests:
(18)
] Leachate--Any liquid, including
any suspended or dissolved components in the liquid, that has percolated through
or drained from the byproduct material.
(19)
] Licensed site--The area
contained within the boundary of a location under the control of persons generating
or storing byproduct materials under a license.
(20)
] Liner--A continuous layer
of natural or man-made materials, beneath or on the sides of a surface impoundment
that restricts the downward or lateral escape of byproduct material, hazardous
constituents, or leachate.
(21)
] Maximum credible earthquake--That
earthquake that would cause the maximum vibratory ground motion based upon
an evaluation of earthquake potential considering the regional and local geology
and seismology and specific characteristics of local subsurface material.
(22)
] Milestone--An action or
event that is required to occur by an enforceable date.
(23)
] Operation--The period of
time during which a byproduct material disposal area is being used for the
continued placement of byproduct material or is in standby status for such
placement. A disposal area is in operation from the day that byproduct material
is first placed in it until the day final closure begins.
(24)
] Point of compliance--The
site-specific location in the uppermost aquifer where the groundwater protection
standard shall be met. The objective in selecting the point of compliance
is to provide the earliest practicable warning that an impoundment is releasing
hazardous constituents to the groundwater. The point of compliance is selected
to provide prompt indication of groundwater contamination on the hydraulically
downgradient edge of the disposal area.
(25)
] Principal activities--Activities
authorized by the license that are essential to achieving the purpose(s) for
which the license is issued or amended. Storage during which no licensed material
is accessed for use or disposal and activities incidental to decontamination
or decommissioning are not principal activities.
(26)
] Reclamation plan--For the
purposes of subsection
(o)(16)-(27)
[
(q)(16)-(27)
] of
this section, "reclamation plan" is the plan detailing activities to accomplish
reclamation of the byproduct material disposal area in accordance with the
technical criteria of this section. The reclamation plan shall include a schedule
for reclamation milestones that are key to the completion of the final radon
barrier, including as appropriate, but not limited to, wind blown tailings
retrieval and placement on the pile, interim stabilization (including dewatering
or the removal of freestanding liquids and recontouring), and final radon
barrier construction. Reclamation of byproduct material shall also be addressed
in the closure plan. The detailed reclamation plan may be incorporated into
the closure plan.
(27)
] Security (surety)--The following
are examples of security:
(28)
] Surface impoundment--A natural
topographic depression, man-made excavation, or diked area, which is designed
to hold an accumulation of liquid wastes or wastes containing free liquids,
and which is not an injection well.
(29)
] Unrefined and unprocessed
ore--Ore in its natural form before any processing, such as grinding, roasting,
beneficiating, solution extracting, or refining.
(30)
] Uppermost aquifer--The geologic
formation nearest the natural ground surface that is an aquifer, as well as
lower aquifers that are hydraulically interconnected with this aquifer within
the facility's property boundary.
(31)
] Uranium recovery--Any uranium
extraction or concentration activity that results in the production of "byproduct
material" as it is defined in this subsection. As used in this definition,
"uranium recovery" has the same meaning as "uranium milling" in 10 CFR 40.4.
on BRC Form 252-2,
"Application for Radioactive Material License."
]
(2)
The agency may, at any time
after the filing of the original application, require further statements or
data to enable the agency to determine whether the application should be denied
or the license should be issued.]
(3)
Each application shall be
signed by the chief executive officer or other individual delegated the authority
to manage, direct, or administer the licensee's activities.]
(4)
An application for a license
may include a request for one or more activities. The agency may require the
issuance of separate licenses for those activities.]
(5)
]
Each
[
The
] applicant shall demonstrate to the agency that the applicant is financially
qualified to conduct the licensed activity, including any required decontamination,
decommissioning, reclamation, and disposal, before the agency issues or renews
a license. The requirement is different from those in subsection
(m)
[
(o)
] of this section for financial security.
(o)
] of this section. However, if the applicant or licensee
posted collateral to obtain the financial instrument used to meet the requirement
for financial security specified in subsection
(m)
[
(o)
]
of this section, the applicant or licensee shall demonstrate financial qualification
by one of the methods specified in clause (ii) or (iii) of this subparagraph;
(6)
] An application for a license
shall contain written specifications relating to the uranium recovery facility
operations and the disposition of the byproduct material.
(7)
] Each application shall clearly
demonstrate how the requirements of subsections
(d)-(g) and (m)-(p)
[
(d)-(h) and (o)-(r)
] of this section have been addressed.
(8)
Each application for a license
shall be accompanied by the fee prescribed in §289.204 of this title.]
(9)
Each application shall be
accompanied by a completed BRC Form 252-1, (Business Information Form).]
(10)
] Applications for new licenses
shall be processed in accordance with the following time periods.
(11)
] Notwithstanding the provisions
of
§289.204(d)(1)
[
§289.204(e)(1)
] of this
title, reimbursement of application fees may be granted in the following manner.
(10)
] of this subsection,
the applicant has the right to request of the Director of the Radiation Control
Program full reimbursement of all application fees paid in that particular
application process. If the director does not agree that the established periods
have been violated or finds that good cause existed for exceeding the established
periods, the request will be denied.
(12)
Applications for licenses
may be denied for the following reasons:]
(A)
any material false statement in the application
or any statement of fact required under provisions of the Texas Radiation
Control Act (Act);]
(B)
conditions revealed by the application or statement
of fact or any report, record, or inspection, or other means that would warrant
the agency to refuse to grant a license on an application; or]
(C)
failure to clearly demonstrate how the requirements
in this chapter have been addressed.]
(1)
the applicant and all personnel
who will be handling the radioactive material are qualified by reason of training
and experience to use the material in question for the purpose requested in
accordance with these requirements in such a manner as to minimize danger
to occupational and public health and safety and the environment;]
(2)
the applicant's proposed equipment,
facilities, and procedures are adequate to minimize danger to occupational
and public health and safety and the environment;]
(3)
the issuance of the license
will not be inimical to occupational and public health and safety nor have
a long-term detrimental impact on the environment;]
(4)
] qualifications of the designated
radiation safety officer (RSO) are adequate for the purpose requested in the
application and include as a minimum:
(5)
] the applicant satisfies all
applicable special requirements in this section
.
[
; and
]
(6)
there is no reason to deny
the license as specified in subsection (d)(12) of this section.]
(q)
]
of this section;
(o)
] of this section;
(h)(7) and (8)
and (q)(15)
] of this section during the operational phase of any project;
commencement of major construction is
prohibited until 30 days after the agency has given notice that a license
is proposed to be granted. If a hearing is requested, the commencement of
major construction is prohibited until notice of the contested case hearing
is noticed in accordance with the Act. Commencement of major construction
subsequent to issuance of the notices is at the economic risk of the applicant.
]
(g)
Issuance of specific licenses.]
(1)
When the agency determines that an application
meets the requirements of the Act and the requirements of the agency, the
agency will issue a license authorizing the proposed activity in such form
and containing the conditions and limitations as it deems appropriate or necessary.]
(2)
The agency may incorporate in any license at
the time of issuance or thereafter by amendment, additional requirements and
conditions with respect to the licensee's receipt, possession, use, and transfer
of radioactive material subject to this section as it deems appropriate or
necessary in order to:]
(A)
minimize danger to occupational and public
health and safety or the environment;]
(B)
require reports and the keeping of records,
and to provide for inspections of activities in accordance with the license
as may be appropriate or necessary; and]
(C)
prevent loss or theft of radioactive material
subject to this chapter.]
(3)
The agency may request and the licensee shall
provide additional information after the license has been issued to enable
the agency to determine whether the license should be modified in accordance
with subsection (n) of this section.]
(h)
] Specific terms and conditions
of
licenses. Unless otherwise specified, each license issued in accordance
with this section is subject to the requirements of §289.252(x) of this
title and the following.
[
license.
]
(1)
Each license issued in accordance
with this section shall be subject to the applicable provisions of the Act
and to applicable rules, now or hereafter in effect, and orders of the agency.]
(2)
No license issued in accordance
with this section and no right to possess or utilize radioactive material
authorized by any license issued in accordance with this section shall be
transferred, assigned, or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of any
license to any person unless the agency shall, after securing full information,
find that the transfer is in accordance with the provisions of the Act and
to applicable rules, now and hereafter in effect, and orders of the agency,
and shall give its consent in writing.]
(3)
Each person licensed by the
agency in accordance with this section shall confine use and possession of
the radioactive material to the locations and purposes authorized in the license.]
(4)
Each licensee shall notify
the agency, in writing, immediately following the filing of a voluntary or
involuntary petition for bankruptcy by the licensee or its parent company.]
(5)
The notification in paragraph
(4) of this subsection shall include:]
(A)
the bankruptcy court in which the petition
for bankruptcy was filed; and]
(B)
the date of the filing of the petition.]
(6)
A copy of the petition for
bankruptcy shall be submitted to the agency along with the written notification.]
(7)
] Daily inspection of any byproduct
material retention systems shall be conducted by the licensee. General qualifications
for individuals conducting inspections shall be approved by the agency. Records
of the inspections shall be maintained for review by the agency.
(8)
] In addition to the applicable
requirements of §289.202(ww)-(yy) of this title, the licensee shall immediately
notify the agency of the following:
(i)(4)
] of this section and that extends beyond the
licensed boundary.
(9)
] In addition to the applicable
requirements of §289.202(ww)-(yy) of this title, the licensee shall notify
the agency within 24 hours of the following:
(10)
] A licensee shall submit to
the agency at five year intervals from the issuance of the license or at the
time of
technical
renewal, if renewal and re-evaluation occur in
the same year, continued proof of the licensee's financial qualifications.
(i)
] Expiration and termination
of licenses and
administrative renewal;
decommissioning of sites,
separate buildings[
,
] or outdoor areas.
(2)
] of this subsection and subsection
(i)(2)
[
(j)(2)
] of this section, each specific license expires at the end of the day,
in the month and year stated in the license.
Upon payment of the fee
required by §289.204 of this title and if the agency does not deny the
renewal in accordance with §289.252(x)(7) of this title, the specific
license will be administratively renewed.
(2)
] All license provisions continue
in effect beyond the expiration date with respect to possession of radioactive
material until the agency notifies the former licensee in writing that the
provisions of the license are no longer binding. During this time, the former
licensee shall:
(4)
] of this subsection.
(3)
] Within 60 days of the occurrence
of any of the following, each licensee shall provide notification to the agency
in writing and either begin decommissioning its site, or any separate buildings
or outdoor areas that contain residual radioactivity in accordance with the
closure plan in subsection (f)(1)(B) of this section, so that the buildings
or outdoor areas are suitable for release in accordance with paragraph
(6)
[
(4)
] of this subsection if:
(c)(25)
]
of this section, at the entire site or in any separate building or outdoor
area; or
(4)
] Outdoor areas are considered
suitable for release for unrestricted use if the following limits are not
exceeded.
(5)
] Coincident with the notification
required by paragraph
(5)
[
(3)
] of this subsection,
the licensee shall maintain in effect all decommissioning financial security
established by the licensee in accordance with subsection
(m)
[
(o)
] of this section in conjunction with a license issuance or renewal
or as required by this section. The amount of the financial security shall
be increased, or may be decreased, as appropriate, with agency approval, to
cover the detailed cost estimate for decommissioning established in accordance
with paragraph
(13)(E)
[
(11)(E)
] of this subsection.
(A)
Any licensee who has not provided
financial security to cover the detailed cost estimate submitted with the
closure plan shall do so on or before September 1, 1998.]
(B)
Following approval of the
closure plan, a licensee may reduce the amount of the financial security,
with the approval of the agency, as decommissioning proceeds and radiological
contamination is reduced at the site.]
(6)
] In addition to the provisions
of paragraph
(7)
[
(5)
] of this subsection, each licensee
shall submit an updated closure plan to the agency within 12 months of the
notification required by paragraph
(5)
[
(3)
] of this
subsection. The updated closure plan shall meet the requirements of subsections
(f)(1)(B) and
(m)
[
(o)
] of this section. The updated
closure plan shall describe the actual conditions of the facilities and site
and the proposed closure activities and procedures.
(7)
] The agency may grant a request
to delay or postpone initiation of the decommissioning process if the agency
determines that such relief is not detrimental to the occupational and public
health and safety and is otherwise in the public interest. The request shall
be submitted no later than 30 days before notification in accordance with
paragraph
(5)
[
(3)
] of this subsection. The schedule
for decommissioning in paragraph
(5)
[
(3)
] of this subsection
may not begin until the agency has made a determination on the request.
(8)
] A decommissioning plan shall
be submitted if required by license condition or if the procedures and activities
necessary to carry out decommissioning of the site or separate building or
outdoor area have not been previously approved by the agency and these procedures
could increase potential health and safety impacts to workers or to the public,
such as in any of the following cases:
(9)
] The agency may approve an
alternate schedule for submittal of a decommissioning plan required in accordance
with paragraph
(5)
[
(3)
] of this subsection if the agency
determines that the alternative schedule is necessary to the effective conduct
of decommissioning operations and presents no undue risk from radiation to
the occupational and public health and safety and is otherwise in the public
interest.
(10)
] The procedures listed in
paragraph
(10)
[
(8)
] of this subsection may not be carried
out prior to approval of the decommissioning plan.
(11)
] The proposed decommissioning
plan for the site or separate building or outdoor area shall include:
(15)
] of this subsection.
(12)
] The proposed decommissioning
plan will be approved by the agency if the information in the plan demonstrates
that the decommissioning will be completed as soon as practicable and that
the occupational health and safety of workers and the public will be adequately
protected.
(13)
] Except as provided in paragraph
(17)
[
(15)
] of this subsection, licensees shall complete
decommissioning of the site or separate building or outdoor area as soon as
practicable but no later than 24 months following the initiation of decommissioning.
(14)
] Except as provided in paragraph
(17)
[
(15)
] of this subsection, when decommissioning involves
the entire site, the licensee shall request license termination as soon as
practicable but no later than 24 months following the initiation of decommissioning.
(15)
] The agency may approve a
request for an alternate schedule for completion of decommissioning of the
site or separate buildings or outdoor areas and the license termination if
appropriate, if the agency determines that the alternative is warranted by
the consideration of the following:
(16)
] As the final step in decommissioning,
the licensee shall:
(4)
] of this subsection.
The licensee shall, as appropriate;
(17)
] The agency will provide
written notification to specific licensees, including former licensees with
license provisions continued in effect beyond the expiration date in accordance
with paragraph
(4)
[
(2)
] of this subsection, that the
provisions of the license are no longer binding. The agency will provide such
notification when the agency determines that:
(4)
] of this subsection;
(18)
] Licenses for uranium recovery
and/or byproduct material disposal are exempt from paragraphs
(5)(C),
(8), and (9)
[
(3)(C), (6), and (7)
] of this subsection with
respect to reclamation of byproduct material impoundments and/or disposal
areas. Timely reclamation plans for byproduct material disposal areas shall
be submitted and approved in accordance with subsection
(o)(16)-(27)
[
(q)(16)-(27)
] of this section.
(19)
] A licensee may request that
a subsite or a portion of a licensed site be released for unrestricted use
before full license termination as long as release of the area of concern
will not adversely impact the remaining unaffected areas and will not be recontaminated
by ongoing authorized activities. When the licensee is confident that the
area of concern will be acceptable to the agency for release for unrestricted
use, a written request for release for unrestricted use and agency confirmation
of closeout work performed shall be submitted to the agency. The request should
include a comprehensive report, accompanied by survey and sample results that
show contamination is less than the limits specified in paragraph
(6)
[
(4)
] of this subsection and an explanation of how ongoing
authorized activities will not adversely affect the area proposed to be released.
Upon confirmation by the agency that the area of concern is releasable for
unrestricted use, the licensee may apply for a license amendment, if required.
(j)
]
Technical renewal of
licenses
[
Renewal of license
].
Request
] for
a
technical
renewal of specific licenses shall be filed in accordance
with subsections
(d)(1)-(5)
[
(d)(1)-(8) and (10),
] and
(f)(1) of this section.
Application for a technical renewal of a specific
license shall be filed by the date specified in the existing license. If the
licensee fails to apply for a technical renewal and fails to pay the fee required
by §289.204 of this title, the license expires and the licensee shall
comply with the requirements of subsection (h) of this section.
In any
application for renewal, the applicant may incorporate drawings by clear and
specific reference (for example, title, date and unique number of drawing),
if no modifications have been made since previously submitted.
not less than 30
days
] prior to expiration of the existing license, has filed a request
in proper form for
a technical
renewal or for a new license authorizing
the same activities, such existing license shall not expire until the application
has been finally determined by the agency.
In any case in which a licensee,
not more than 30 days after the expiration of an existing license, has filed
an application for technical renewal or for a new license authorizing the
same activities and paid the fee required by §289.204 of this title,
the agency may reinstate the license and extend the expiration until the request
has been finally determined by the agency.
(k)
] Amendment of licenses at request
of licensee. Requests for amendment of a license shall be filed in accordance
with subsection (d) of this section
and §289.252(d)(1)-(3) of this
title
[
, except that the requirements of subsection (d)(1), (d)(7),
and (d)(8) of this section may be waived at the discretion of the agency
].
Such requests shall
be signed by the RSO and
[
also
]
specify how the licensee desires the license to be amended and the basis for
such amendment.
(l)
] Agency action on applications
to renew or amend. In considering a request by a licensee to renew or amend
a license, the agency will apply the appropriate criteria in subsections (e)
and (f) of this section.
(m)
] Transfer of material.
(n)
Modification and revocation
of licenses.]
(1)
The terms and conditions of all licenses shall
be subject to amendment, revision, or modification. A license may be suspended
or revoked by reason of amendments to the Act, by reason of rules in this
chapter, or orders issued by the agency.]
(2)
Any license may be revoked, suspended, or modified,
in whole or in part for any of the following:]
(A)
any material false statement in the application
or any statement of fact required under provisions of the Act;]
(B)
conditions revealed by such application or
statement of fact or any report, record, or inspection, or other means that
would warrant the agency to refuse to issue a license on an original application;
or]
(C)
violation of, or failure to observe any of
the terms and conditions of the Act, this chapter, the license, or order of
the agency.]
(3)
Except in cases in which occupational and public
health and safety or the environment require otherwise, no license shall be
modified, suspended, or revoked unless, prior to the institution of proceedings
therefore, facts or conduct that may warrant such action shall have been called
to the attention of the licensee in writing and the licensee shall have been
afforded an opportunity to demonstrate compliance with all lawful requirements.]
(4)
Each specific license revoked by the agency
expires at the end of the day on the date of the agency's final determination
to revoke the license, or on the revocation date stated in the determination,
or as otherwise provided by agency order.]
(o)
] Financial security requirements.
(q)
] of this section.
(p)(3)
] of this section.
state
] of Texas to
the Radiation and Perpetual Care
Account
[
Fund
].
(p)
] Long-term care and maintenance
requirements.
Fund
] in amounts specified by the agency. The agency shall make such
determinations on a case-by-case basis.
Fund
] to cover the costs
of long-term care and maintenance. The total charge shall be paid prior to
the termination of a license. With agency approval, the charge may be paid
in installments. The total or unpaid portion of the charge shall be covered
during the term of the license by additional security meeting the requirements
of subsection
(m)
[
(o)
] of this section. If site surveillance,
control, or maintenance requirements at a particular site are determined,
on the basis of a site-specific evaluation, to be significantly greater (for
example, if fencing or monitoring is determined to be necessary), the agency
may specify a higher charge. The total charge shall be such that, with an
assumed 1.0% annual real interest rate, the collected funds will yield interest
in an amount sufficient to cover the annual costs of site care, surveillance,
and where necessary, maintenance. Prior to actual payment, the total charge
will be adjusted annually for inflation. The inflation rate to be used is
that indicated by the change in the Consumer Price Index published by the
United States Department of Labor, Bureau of Labor Statistics.
(q)
] Technical requirements.
(s)
] of this section apply during operations
and until closure is completed. Groundwater monitoring to comply with these
standards is required by paragraphs (28) and (29) of this subsection.
(c)(17)
] of this section, entering the groundwater
from a licensed site shall not exceed the specified concentration limits in
the uppermost aquifer beyond the point of compliance during the compliance
period.
(s)
] of this section if the constituent is listed in the table and if
the background level of the constituent is below the value listed; or
(s)
]
of this section that present no significant hazard may be proposed by licensees
for agency consideration. Licensees shall provide the basis for any proposed
limits including consideration of practicable corrective actions, evidence
that limits are as low as reasonably achievable, and information on the factors
the agency shall consider. The agency will establish a site-specific alternate
concentration limit for a hazardous constituent, as provided in subparagraph
(G) of this paragraph, if it finds that the proposed limit is as low as reasonably
achievable, after considering practicable corrective actions, and that the
constituent will not pose a substantial present or potential hazard to human
health or the environment as long as the alternate concentration limit is
not exceeded. In making the present and potential hazard finding, the agency
will consider the factors listed in subparagraph (D) of this paragraph.
(c)(26)
] of this section, the verification of radon-222
release rates required in paragraph (30) of this subsection shall be conducted
for each portion of the pile or impoundment as the final radon barrier for
that portion is emplaced.
(r)
] of this section.
(c)(26)
] of this section, approved by the agency,
by license amendment. (The term "as expeditiously as practicable considering
technological feasibility" includes "factors beyond the control of the licensee.")
Deadlines for completion of the final radon barrier and applicable interim
milestones shall be established as license conditions. Applicable interim
milestones may include, but are not limited to, the retrieval of windblown
byproduct material and placement on the pile and the interim stabilization
of the byproduct material (including dewatering or the removal of freestanding
liquids and recontouring). The placement of erosion protection barriers or
other features necessary for long-term control of the byproduct material shall
also be completed in a timely manner in accordance with a written reclamation
plan approved by the agency by license amendment.
(o)-(r)
] of this
section. The alternative proposals may take into account local or regional
conditions including geology, topography, hydrology, and meteorology.
(o)-(r)
] of this section and
the standards promulgated by EPA in 40 CFR Part 192, Subparts D and E.
(o)-(r)
] of this section, or
alternatives proposed by licensees/applicants shall take into account the
risk to the public health and safety and the environment with due consideration
to the economic costs involved and any other factors the agency determines
to be appropriate.
(o)-(r)
] of this section shall
meet the requirements of 10 CFR 150.31(d).
(r)
] Land ownership of byproduct
material disposal sites.
(s)
] Maximum values for use in
groundwater protection. The following is a list of the maximum concentration
values to be used for groundwater protection.
Figure: 25 TAC §289.260(s)
]
Chapter 337.
WATER HYGIENE