(a) Application. Pursuant to Texas Health and Safety Code, §341.064(b-1), an owner or operator may apply to use an alternate method of disinfectant.
(b) Submission. A completed application for use of an alternate method of disinfectant must be submitted to DSHS's Consumer Protection Division at least 180 days before the opening of the pool or spa. The application must include:
  (1) the type and level of primary disinfectant;
  (2) the type and level, where applicable, of any supplemental method of water treatment;
  (3) the method and equipment used for storing, delivering, and measuring primary disinfectant levels and supplemental water treatment levels;
  (4) data supporting the effectiveness of the primary disinfectant and supplemental method of water treatment in maintaining required water quality;
  (5) descriptions of any specialized equipment, application methods, or other water treatment methods that may differ from the requirements in §265.193 of this subchapter (relating to Water Quality at Pools and Spas);
  (6) a proposed testing schedule for determining levels of biological and chemical levels as specified by DSHS to ensure the health and safety of the public;
  (7) a detailed drawing or map of the pool that indicates swimming areas and non-swimming areas; and
  (8) any additional information DSHS requires to make its decision.
(c) Decision. DSHS approves or rejects a request to use an alternate method of disinfectant no later than 90 days after the completed application is submitted.
(d) Additional information. If DSHS requires additional information to make its decision, the application is not considered complete for purposes of subsections (b) and (c) of this section until DSHS receives the additional information as requested.

Source Note: The provisions of this §265.196 adopted to be effective January 1, 2023, 47 TexReg 8668