(a) Non-toxic and sound materials. Lagoons and all appurtenances shall be constructed of materials that:
  (1) are nontoxic to humans and the environment;
  (2) are impervious and enduring;
  (3) will withstand design stresses; and
  (4) will provide a watertight structure with a smooth, easily cleanable surface without cracks or joints that are not watertight and easily cleanable.
(b) NSF 50. For lagoons constructed on or after the effective date of this subchapter, pumps, filters, skimmers, chemical feeders, and other equipment that falls within NSF/ANSI Standard 50 shall meet the standard as confirmed by a testing laboratory. Conformity with the NSF 50 shall be evidenced by the listing or labeling of such equipment by such a laboratory or by separate documentation.
(c) Prohibition of earth material.
  (1) Earth shall not be permitted as an interior finish in the lagoon. Clean sand or similar material if used in a beach environment:
    (A) shall only be used over an impervious surface;
    (B) shall be designed to perform in such an environment; and
    (C) shall be controlled so as not to adversely affect the proper circulation, filtration, treatment system, maintenance, safety, sanitation, and operation of the lagoon.
  (2) If sand or similar material is used in the lagoon, positive upflow circulation through the sand or other systems shall be provided as necessary to ensure that sanitary conditions are maintained at all times.
(d) Interior color. The color of the interior of the lagoon shall be white or a light enough color so that objects and users in the water shall be easily seen. The finish shall be at least 6.5 on the Munsell color value scale. An eight-inch black disk or a Secchi disk at the deepest point of the floor in a swimming area of the lagoon shall be clearly and immediately seen by an observer.
(e) Materials to withstand freezing temperatures. The lagoon liner or 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.
(f) Surface water. The lagoon shall be designed such that surface water does not enter the lagoon.
(g) Interior surface footing. The surfaces within the lagoon intended to provide footing for users shall be slip-resistant to help reduce the chance for a fall. The roughness or irregularity of such surfaces shall not cause injury to feet during normal use.
(h) General shape. This subchapter is not intended to regulate the perimeter shape of the lagoon. It is the responsibility of the licensed engineer to take into account the effect a given shape of the lagoon will have on the health and safety of the users.
(i) Entanglement or entrapment avoidance. There shall be no protrusions, extensions, means of entanglement, or other obstructions in the lagoon that are likely to cause entrapment or injury of the user.
(j) Maximum users in swimming areas. Maximum user loading in a swimming area shall comply with the following:
  (1) In an area of water depth 4 feet or less, the user load shall not exceed one user per 15 square feet of water surface.
  (2) In an area of water depth greater than 4 feet, the user load shall not exceed one user per 25 square feet of water surface.
  (3) The owner or operator shall be responsible for restricting usage so that the maximum capacity is not exceeded.
(k) Maximum users in non-swimming areas. The owner or operator shall determine the maximum user loading in a non-swimming area by considering the type of use in the non-swimming area and the presence of motorboats and vessels and shall post signs indicating the maximum number of users.
(l) Floor slopes. For the lagoon constructed on or after the effective date of this subchapter, floor slope in a swimming area shall comply with the following:
  (1) For depths up to five feet, the slope shall be uniform and not exceed 1:10.
  (2) For depths over five feet, the slope shall be uniform and not exceed 1:3.
  (3) The slope may vary in limited areas where access for persons with disabilities has been provided.
(m) Underwater seat benches. An underwater seat bench shall:
  (1) be constructed with slip-resistant materials;
  (2) have a maximum seating width of 18 inches projecting from the wall at a depth not to exceed 20 inches below the design water level;
  (3) be located fully outside of the required minimum diving water envelope if the lagoon is used for diving;
  (4) be visually set apart and provided with a solid or broken stripe at least 1-inch wide on the top surface along the front leading edge of the bench; and
    (A) the stripe shall be plainly visible to persons on the ground above the bench; and
    (B) the stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent; and
  (5) not be used as a required entry or exit access unless used in conjunction with steps.
(n) Water lounges. A water lounge shall:
  (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 lagoon 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 lagoon wall; and
    (A) the stripe shall be plainly visible to persons on the deck; and
    (B) the stripe shall be 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 lagoon is intended for use with diving equipment;
  (5) have a slip-resistant surface; and
  (6) be located in water depth of 4 feet or less.
(o) Construction tolerances. For lagoons constructed on or after the effective date of this subchapter, construction tolerances shall be in accordance with the construction plan submitted by the licensed engineer.

Source Note: The provisions of this §265.154 adopted to be effective March 1, 2020, 45 TexReg 1024