Sec. 341.064. SWIMMING POOLS AND BATHHOUSES. (a) An owner, manager, operator, or other attendant in charge of a public swimming pool shall maintain the pool in a sanitary condition.
(b) The bacterial content of the water in a public swimming pool may not exceed the safe limits prescribed by department standards. A minimum free residual chlorine of 2.0 parts for each one million units of water in a public spa and a minimum free residual chlorine of 1.0 part for each one million units of water in other public swimming pools, or any other method of disinfectant approved by the department, must be maintained in a public swimming pool in use.
(c) Water in a swimming pool open to the public may not show an acid reaction to a standard pH test.
(d) A public bathhouse and its surroundings shall be kept in a sanitary condition at all times.
(e) Facilities shall be provided in a public swimming pool for adequate protection of bathers against sputum contamination.
(f) A person known to be or suspected of being infected with a transmissible condition of a communicable disease shall be excluded from a public swimming pool.
(g) The construction and appliances of a public swimming pool must be such as to reduce to a practical minimum the possibility of drowning or of injury to bathers. The construction after September 4, 1945, of a public swimming pool must conform to good public health engineering practices.
(h) Bathing suits and towels furnished to bathers shall be thoroughly washed with soap and hot water and thoroughly rinsed and dried after each use.
(i) Dressing rooms of a public swimming pool shall contain shower facilities.
(j) A comb or hairbrush used by two or more persons may not be permitted or distributed in a bathhouse of a public swimming pool.
(k) The operator or manager of a public swimming pool shall provide adequate and proper approved facilities for the disposal of human excreta by the bathers.
(l) In adopting rules governing lifesaving equipment to be maintained by a public swimming pool, the executive commissioner may not require a separate throwing line longer than two-thirds the maximum width of the pool.
(l-1) Rules adopted under this chapter may not prohibit the consumption of food or beverages in a public swimming pool that is privately owned and operated.
(m) In this section, "public swimming pool" means an artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports, or therapeutic purposes.
(n) A county or municipality may:
(1) require that the owner or operator of a public swimming pool within the jurisdiction of the county or municipality obtain a permit for operation of the pool;
(2) inspect a public swimming pool within the jurisdiction of the county or municipality for compliance with this section; and
(3) impose and collect a reasonable fee in connection with a permit or inspection required under this subsection provided the following are met:
(A) the auditor for the county shall review the program every two years to ensure that the fees imposed do not exceed the cost of the program; and
(B) the county refunds the permit holders any revenue determined by the auditor to exceed the cost of the program.
(o) A county or municipality may by order close, for the period specified in the order, a swimming pool within the jurisdiction of the county or municipality if the operation of the pool violates this section or a permitting or inspection requirement imposed by the county or municipality under Subsection (n).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 339, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 618, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0863, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 563 (H.B. 2430), Sec. 1, eff. June 16, 2015.
Section: Previous 341.048 341.0485 341.049 341.050 341.061 341.062 341.063 341.064 341.0645 341.065 341.066 341.067 341.068 341.069 341.0695 NextLast modified: September 28, 2016