(a) Safety equipment. Safety equipment shall have its function plainly marked and shall be kept in ready condition at all times a lagoon is open for use.
(b) Boundaries. Boundaries shall be designated as follows.
  (1) Boundaries for swimming areas of the lagoon shall be marked by a buoy line with floats.
    (A) The buoy line floats or buoys shall be at regular intervals, no further than 25 feet apart and where the lines are joined.
    (B) Buoy lines with floats shall be located where the depth of the water is five feet and at the boundary of the swimming and non-swimming areas of the lagoon if the swimming area is deeper than five feet.
  (2) Areas of the lagoon intended for wading only or for use by non-swimmers shall not exceed three feet in depth and shall:
    (A) have the boundary marked by a buoy line with floats; and
    (B) have the buoy line floats or buoys be at regular intervals, no further than 25 feet apart and where lines are joined.
  (3) Safety rope and float lines required at the shallow to deep water transition areas of the lagoon shall not apply to surf lagoons.
(c) Surf lagoon float lines and caisson barriers. Surf lagoons shall be fitted with a float line located to restrict access to the caisson wall if required by the surf lagoon equipment manufacturer. Caisson barriers shall be provided for all surf lagoon wave generating caissons which would not allow passage of a 4-inch sphere. Surf lagoons using forced air to generate waves shall not be required to have caisson barriers unless recommended by the manufacturer.
(d) Vessel and motorboat safety.
  (1) Ignitable fuel. Motorboats using any ignitable propellant or fuel such as gasoline, kerosene, propane, or alcohol are prohibited in the swimming areas, but may be permitted in other areas for specific events, subject to any safety plan approved by a local regulatory authority.
  (2) Personal floatation devices.
    (A) Each vessel or motorboat passenger under 13 years of age shall be required to wear a United State Coast Guard (USCG)-approved personal floatation device while the vessel or motorboat is underway. A life belt, floaties, or a ring buoy does not satisfy this requirement.
    (B) An adult operator of a vessel or motorboat shall not permit a person under 13 years of age to be on board the vessel or motorboat while the vessel or motorboat is under way if the person is not wearing a USCG-approved personal floatation device.
    (C) No person shall be prohibited from the use of a USCG-approved personal floatation device.
  (3) Activities. Activities such as snorkeling, scuba diving, or any other activity that allows immersion of users in the non-swimming areas of the lagoon are prohibited when vessels or motorboats are in use unless a rope and float line, as described in subsection (b)(1) of this section, or warning buoys separate the immersion activity area from the area with vessel or motorboat use.
(e) Safety requirements for surfers. No surfer shall enter the surf lagoon unless:
  (1) tethered to the surf board; or
  (2) wearing a USCG-approved personal floatation device; or
  (3) a lifeguard is in the surf lagoon directly supervising surfing activity.
(f) Non-surfing user safety. Non-surfing users shall not be allowed to enter the wave areas of the surf lagoon while waves are being generated unless they are wearing a USCG-approved personal floatation device.
(g) Safety signs. Lagoon safety signs shall comply with the following:
  (1) Signs shall be securely mounted.
  (2) Signs shall be easily readable from all areas of the lagoon and have a minimum letter, symbol, and number height of three inches.
  (3) All letters, numbers, and symbols on the signs shall be in contrasting color to the background and easily read.
  (4) Required signs in the swimming area:
    (A) days and hours of operation;
    (B) "Non-Service Animals Prohibited;"
    (C) "Glass Containers Prohibited;"
    (D) "Entering the Lagoon if Ill with Diarrhea is Prohibited;"
    (E) "Changing Diapers Within 6 Feet of the Lagoon is Prohibited;"
    (F) "In Case of Emergency Dial 911;"
    (G) "No Swimmers Allowed Outside the Swimming Area;"
    (H) "No Diving" and the international symbol for no diving where water depths are less than nine feet; and
    (I) maximum user load.
  (5) Required signs in the non-swimming area:
    (A) days and hours of operation;
    (B) "Non-Service Animals Prohibited;"
    (C) "Glass Containers Prohibited;"
    (D) "Entering the Lagoon if Ill with Diarrhea is Prohibited;"
    (E) "Changing Diapers Within 6 Feet of the Lagoon is Prohibited;"
    (F) "In Case of Emergency Dial 911;"
    (G) "Motorboats and Vessels Are Prohibited in Swimming Area" at lagoons where vessels or motorboats are allowed;
    (H) "No Diving" and the international symbol for no diving where water depths are less than nine feet; and
    (I) maximum user load.
  (6) If lifeguards are not provided or are not required to be present, the following signs are required:
    (A) "Warning - No Lifeguard on Duty;" and
    (B) "No Diving" and the international symbol for no diving.
  (7) The required notifications may be mounted on individual signs or combined on one sign.
(h) Night swimming prohibited. Night swimming, from one-half hour before sunset to one-half hour after sunrise, shall be prohibited unless lighting is provided as required in subsection (f) of this section.
(i) Lighting Requirements. If the lagoon is open for night swimming or during periods of low illumination, the lagoon surface lighting shall:
  (1) Maintain lagoon surface lighting levels at a minimum of 15 horizontal foot candles (161 lux).
  (2) Illuminate all parts of the lagoon open for use, including the swimming areas, depth markers, signs, entrances, restrooms, safety equipment, deck areas, walkways, and any area occupied or in use.
  (3) Underwater lighting shall not be less than eight-initial rated lumens per linear foot of the lagoon perimeter where underwater lighting is provided. Underwater lighting is not required for lagoons.
  (4) Lighting levels of the lagoon may be reduced for scheduled special events such as movies, holiday events, or similar activities.
(j) Ring buoy, throw rope, and reaching pole. A lagoon shall have at least one ring buoy with throwing rope and a reaching pole at each swimming area and at each area that provides access to motorboats or vessels.
  (1) The reaching pole shall be in the immediate vicinity of the water and accessible to users.
  (2) The reaching pole shall be 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.
  (3) The throwing rope shall be 1/4-inch to 3/8-inch diameter, with a length at least two-thirds of the width of the swimming area. A USCG-approved ring buoy with an outside diameter of at least 20 inches shall be attached to the throwing rope.
(k) Safety equipment. Safety equipment, including ring buoys and rope, floating lines with buoys, emergency communication equipment, backboards with tie-downs and head supports, first aid kits, and required signs, shall be maintained in good condition and in good working order.
(l) Emergency telephone. The lagoon shall have a minimum of two emergency telephones, commercial emergency contact devices, or alternative communication systems that are capable of immediately summoning emergency services and that are readily accessible, within 200 feet of the water, and are functioning at all times the lagoon is open. Clear operating instructions for the emergency telephone shall be provided.
  (1) A fixed location telephone, commercial emergency contact device, or alternative communication system shall be visible, have no obstruction to access, and have some method of identification that enables the telephone or other device or system to be easily identified by users.
  (2) A telephone or emergency contact device shall not be answered by an on-site office. The alternative communication system shall not be answered by an on-site office unless the alternative communication system complies with paragraph (5) of this subsection.
  (3) A telephone shall be capable of making outside calls to 911 dispatch or emergency medical services.
  (4) A commercial emergency contact device, when activated, shall directly connect to a 24-hour monitoring service, or directly to 911 dispatch or to emergency medical services.
  (5) An alternative communication system that contacts an on-site office may be used if the lagoon is in a remote area with limited or delayed emergency medical services response times, and it has employees on-site that are trained and certified or licensed to perform emergency medical intervention when the lagoon is open.
  (6) At least one emergency telephone, commercial emergency contact device, or alternative communication system device shall be located within 200 feet of a swimming area.

Source Note: The provisions of this §265.169 adopted to be effective March 1, 2020, 45 TexReg 1024