By: Romero, Jr. H.B. No. 2424
A BILL TO BE ENTITLED
AN ACT
relating to training and certification requirements for public
swimming pool and spa inspectors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 341, Health and Safety Code, is amended
by amending Subsection 341.0645 to read as follows:
Sec. 341.0645. POOL SAFETY. (a) An owner, manager,
operator, or other attendant in charge of a public swimming pool,
wading pool, baby pool, hot tub, in-ground spa, water park, spray
fountain, or other artificial body of water typically used for
recreational swimming, bathing, or play shall comply with relevant
pool safety standards adopted under this section.
(b) The executive commissioner shall adopt by rule pool
safety standards necessary to prevent drowning. The standards
must:
(1) be at least as stringent as those imposed under the
federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
Section 8001 et seq.); and
(2) comply with and adopt by reference a version of the
International Swimming Pool and Spa Code, as defined by Section
214.103, Local Government Code, that is not older than the version
in effect on May 1, 2019, regarding all construction, alteration,
renovation, enlargement, and repair of commercial swimming pools
and spas.
(c) Notwithstanding Subsection (b), the department is not
required to adopt Chapter 1 of the International Swimming Pool and
Spa Code.
(d) Subsection (b) does not affect requirements for pool
yard enclosure imposed under Chapter 757.
(e) The executive commissioner by rule shall authorize a
minor addition, alteration, renovation, or repair to an existing
pool or spa and related mechanical, electrical, and plumbing
systems in the same manner and arrangement as the executive
commissioner authorized the construction of the pool or spa and
related mechanical, electrical, and plumbing systems.
(f) A person may use, maintain, and repair a pool or spa that
was in compliance with the laws of this state on August 31, 2021,
and related mechanical, electrical, and plumbing systems in
accordance with the laws applicable to the pool or system on that
date.
(g) Notwithstanding Subsection (b)(2), this section does
not affect the authority of the executive commissioner to adopt
rules regarding pool operation and management, water quality,
safety standards unrelated to design and construction, signage, and
enclosures.
(h) The executive commissioner by rule shall require pool
and spa inspectors to obtain training and certification in the
operation of pools and spas that is at least equivalent to the
training and certification requirements of pool and spa operators.
SECTION 2. This Act takes effect September 1, 2023.