Understanding Texas’ New Pool & Spa Sign Requirements Incorporating The ISPSC Changes Adopted January 1st, 2021
As of January 1st, 2021 the ISPSC (International Swimming Pool and Spa Code) have been adopted, effectively changing the requirements for construction of pools as well as the safety signs used around pools. This article outlines how signs for multifamily residential pools should be designed after January 1st, 2021.
Do I have to replace my existing signs?
No! At this point, multifamily residential management companies and owners are not required to replace existing signs that do not meet the new requirements, however any signs installed after January 1st, 2021 should meet the new requirements to avoid failed inspections.
Pool Sign Requirements
According to the Texas Administrative Code §265.201, the following lines of text must be readily visible to the pool user and securely mounted within the pool yard unless otherwise stated.
| # | Required Text | Height |
|---|---|---|
| ① | “WARNING-NO LIFEGUARD ON DUTY” | 4″ |
| ② | “NO DIVING” (with International No Diving Symbol) | 4″ |
| ③ | “IN CASE OF EMERGENCY, DIAL 911” | 4″ |
| ④ | Precise location of the pool on (or with) the Emergency Phone (address, directions, GPS location, or building number, as appropriate) | 1″ |
| ⑤ | Hours of operation | 1″ |
| ⑥ | Directions to and location of the emergency phone (if phone not visible in pool yard) | 2″ |
| ⑦ | Maximum User Load Limit # | 2″ |
| ⑧ | “PETS IN THE POOL ARE PROHIBITED” | 2″ |
| ⑨ | “DO NOT SWIM IF YOU HAVE BEEN ILL WITH DIARRHEA WITHIN THE PAST 2 WEEKS” | 2″ |
| ⑩ | “CHANGING DIAPERS WITHIN 6 FEET OF THE POOL IS PROHIBITED” | 2″ |
| ⑪ | “GLASS ITEMS NOT ALLOWED IN THE POOL YARD” | 2″ |
| ⑫ | “PERSONS UNDER THE AGE OF 14 MUST NOT BE IN THE POOL WITHOUT ADULT SUPERVISION” | 2″ |
| ⑬ | “EXTENDED BREATH HOLDING ACTIVITIES ARE DANGEROUS AND PROHIBITED” | 2″ |
Additional Notes on Pool Signs
- Signs shall be in the pool yard, securely mounted as applicable, and readily visible to the pool user. Signs shall be posted within the pool yard unless stated otherwise.
- Sign panels shall be durable for the weather conditions. The message surface shall be clean and smooth and shall readily accept paint or precut lettering adhesives.
- Theming or artwork applied to signs shall not invade the message panel. Signs shall have a distinct border.
- Multiple signs may be used, or the messages may be combined on one sign.
- Safety signs for pools constructed on or after the effective date of this subchapter or safety signs that are replaced at pools constructed prior to the effective date (January 1st, 2021) shall be in compliance with Figure 25 TAC §265.201(j)(5).
- In areas of Texas where the majority of citizens are non-English speaking, in addition to signs in English, signs and other written warnings or information required by these standards may be posted in the predominant language.
- Variations of the language of the required safety signs in Figure 25 TAC §265.201(j)(5) are allowed if the language of the safety signs is substantially equivalent to the language in Figure 25 TAC §265.201(j)(5) and if local regulatory officials that regulate public swimming pools and spas approve the variations before the sign is posted in the pool yard.
- Instructional signs for pools such as wave pools, slide pools, and other pools requiring additional instructions or information. Instructional signs in pools and spas constructed or renovated on or after the effective date of this subchapter shall be provided and inform guests of specific instructions for the use of the ride. Instructional signs shall be located along the queue approaching the ride dispatch area. Lettering shall be a minimum of 1-inch in height. Signs for waterslides shall indicate riding instructions, warnings, and requirements in accordance with §265.186. Islands in Pools and Spas Constructed on or After January 1st, 2021.
- An island not designed or intended for walking on by pool or spa users shall have signs stating “No Entry” in letters minimum of 2 inches in height.
(RIGHT) Wave Pool Rules sign is an example only. No size requirements or specific rules are listed in the Texas Administrative Code. Sign only required for wave pools, slide pools, or other pool features that require instructions or additional information.
Spa Sign Requirements
Signs for spas constructed on or after the effective date of this subchapter (January 1st, 2021) or safety signs that are replaced at spas constructed before the effective date of this subchapter shall be securely mounted and readily visible to spa users and shall be inside the spa enclosure as required in Figure 25 TAC §265.208(e) Required Spa Signs. The signs can be combined on one sign or posted individually. Variations of the language of the required safety signs in Figure 25 TAC §265.208(e) are allowed if the language of the safety signs is substantially equivalent to the language in Figure 25 TAC §265.208(e) and if local regulatory officials that regulate public swimming pools and spas approve the variations before the sign is posted in the pool or spa yard.
| # | Required Text | Height |
|---|---|---|
| Ⓐ* | “WARNING-NO LIFEGUARD ON DUTY” | 4″ |
| Ⓑ | “DO NOT USE THE SPA IF THE WATER TEMPERATURE IS ABOVE 104 DEGREES FAHRENHEIT” | 1″ |
| Ⓒ | Maximum User Load | 1″ |
| Ⓓ* | Location of the Nearest emergency phone or device | 2″ |
| Ⓔ | “EMERGENCY SPA SHUTOFF” | 2″ |
| Ⓕ* | “DO NOT SWIM IF YOU HAVE BEEN ILL WITH DIARRHEA WITHIN THE PAST 2 WEEKS” | 2″ |
| Ⓖ* | “PERSONS UNDER THE AGE OF 14 MUST NOT BE IN THE SPA WITHOUT ADULT SUPERVISION” | 2″ |
| Ⓗ* | “PETS IN THE SPA ARE PROHIBITED” | 2″ |
Additional Notes on Spa Signs
- A sign notifying users of the location of the spa emergency shutoff switch (required for spas only) shall be posted in a location that is visible from the spa and that meets the requirements in TAC §265.208.
- When the drinking water is not located in the pool or spa yard, a sign with letters a minimum of 1 inch in height shall be posted so that it is visible to users that informs the users of the location of the drinking water.
- Movable bottom pool and spa depth markers. Pools or spas with movable floors shall have a sign indicating movable floor and varied water depth. The posted water depth shall be the water level to the floor of the pool or spa measured vertically 3 feet from the wall of the pool or spa. A sign shall be posted to inform the user that the pool or spa has a varied depth and refer to the sign showing the current depth.
(RIGHT) When drinking water is not located in the pool or spa yard, a sign must be posted.
HUD Discrimination Lawsuit Case Study
In July of 2013, HUD filed a lawsuit against a San Antonio property management company for stating on their pool rules sign “Children under the age of 14 should not use pool without an adult in attendance.”
“The case came to HUD’s attention after the Fair Housing Council of Greater San Antonio, a HUD Fair Housing Initiatives Program agency, filed a complaint based on tests that showed that policies put into place by the current and former owners of the complex were overly restrictive to families with children.” (HUD Archives – October 23, 2015)
The Fair Housing Act states that you must not discriminate against anyone based upon familial status. Familial status covers the following: families with children under the age if 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18. Examples of such discrimination include restricting families with children to one area of a building or complex and administering rules and procedures that unfairly target families with children. Reference “Examples of discriminatory text on signs” for specific examples of rules that are considered discriminatory under the Fair Housing Act.
“If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the complainant for the harm caused by the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose fines to vindicate the public interest. If the matter is decided in federal court, the judge may also award punitive damages.” (HUD Archives – October 23, 2015)
- No children under 3 years of age allowed in the pool
- No child under 18 without a relative over 21
- No more than 2 children per adult allowed in the pool area
- No Disabled person can use the hot tub without another nondisabled adult present for safety reasons
- Disabled persons must use the shallow end of the pool only
- Only toilet trained children are allowed in the pool area at any time
- Any person wearing a diaper is not permitted in the pool at any time
- Children under 18 years of age must be accompanied by an adult to use the pool at any time
- Children under 6 years of age must use the kiddie pool
- Children are not permitted to use the pool during Adult Swim times
- Children can only use the NW pool; other pools are for adults only”
Calculating Maximum Load Limits
The maximum load limit for a pool is the maximum amount of users allowed in the pool at any given time. This is only required if your pool was constructed after 1999. “Maximum load limits for post-10/01/99 pools and spas. The maximum load limits for a post-10/01/99 pool and spa shall be calculated and posted.” [25 TAC §265.203 (i)]
The maximum number of users to be allowed in a post-10/01/99 pool or spa at one time will depend on a number of factors, such as the type of pool or spa; indoor or outdoor location, surface area, operating characteristics of the water; purification system, quality and clarity of the pool or spa water, etc., the most significant factors are the surface area of the water in the pool or spa and the sanitary and physical condition of the pool or spa water. Based on these factors, pool or spa owners of a post-10/01/99 pool or spa shall reduce the user load if pre-10/01/99 conditions indicate the need. The maximum user load in a post-10/01/99 pool or spa shall be based on the following. [25 TAC §265.184 (n)]
To calculate this number, use the table below.
Maximum Number of Users in Pool at Any Time
| Shallow Areas (0′ – 5′ deep) | Deep Areas (5′+ deep) | Diving Areas (Per Diving Board) |
|---|---|---|
| 15 ft2 water surface area per user | 25 ft2 water surface area per user | 300 ft2 water surface area per user |
Example Max Capacity Calculation
Formulas For Calculating Maximum Capacity
Area of a Rectangle = Length * Width
Maximum Capacity = Area ÷ M
M = # ft2 water surface area per user (depending on the depth of that section of the pool, choose correct factor from table above)
To calculate maximum capacity you must find the area of each rectangle (or other shapes) that make up the entirety of the pool. It’s easiest to calculate the maximum capacity for each rectangle, then add these numbers together. In the example above, we must calculate the maximum capacity of the deep end (6ft deep) area separately from the shallow end (3ft deep).
The area of the deep end is found by multiplying the length and the width of the deep end portion of the pool. Deep areas require 25 ft2 water surface area per user. Therefore, you would divide the area of the rectangle (49 ft2) by M (25 ft2 for deep areas and 15 ft2 for shallow areas).
Max Capacity of Area A (Deep End)
Area = Length * Width
729 ft2 = 27 ft * 27 ft
Maximum Capacity = 729 ft2 ÷ M
M = 25 ft2 (taken from table above)
Maximum Capacity = 729 ft2 ÷ 25 ft2
Maximum Capacity of Area A = 29 persons
Max Capacity of Area B (Shallow End)
Area = Length * Width
208 ft2 = 16 ft * 13 ft
Maximum Capacity = 208 ft2 ÷ M
M = 15 ft2 (taken from table above)
Maximum Capacity = 208 ft2 ÷ 15 ft2
Maximum Capacity of Area B = 13 persons
Maximum Capacity of Entire Pool
Maximum Capacity of Area A + Maximum Capacity of Area B
29 persons + 13 persons = 42 Total Persons
FAQs
Do I need Spanish signs as well?
Maybe. “In areas of Texas where a majority of citizens are non-English speaking, in addition to signs in English, signs, and other written warnings required by these standards, may be posted in the predominant language.” [25 TAC §265.199 (f)(1)(A)]
Where do the signs need to be hung?
“Signs shall be securely mounted as applicable and readily visible to the pool user from inside the pool enclosure.” [25 TAC §265.199 (f)(1)(A)]
Will the Department of State Health Services enforce the ADA requirements?
No. ADA is a Federal Law that falls under the jurisdiction of the United States Justice Department. The Texas Department of State Health Services does not enforce ADA.
Do my pool signs need to be ADA Compliant?
No. Because these signs are not required by the American Disability Act, they are not required to comply to the 2010 ADA Standards for Accessible Design. They are however required by the state of Texas.
Note: Signs West, Inc. has based this article upon the Texas Administrative Code provided by the Office of the Secretary of State of Texas as well as information gathered from the “Signs Required at Public Pools and Spas” provided by the Department of State Health Services in January 2021. Additional references are listed below.
References
- Texas Administrative Code (TAC) Title 25 “STANDARDS FOR PUBLIC POOLS AND SPAS”
- Texas Department of State Health Services (DSHS) “Signs Required at Public Pools and Spas”
- Texas Department of State Health Services (DSHS) “Emergency Telephone Location”
- Texas Department of State Health Services (DSHS) Frequently Asked Questions
- US Department of Justice – 2010 ADA Standards for Accessible Design
- US Department of Housing and Urban Development Office of Hearings and Appeals Case FHEO No. 06-13-0972-8 HUD v. Blackacre LLC et. al.
- Texas Department of State Health Services (DSHS) New Pool Rules
You must be logged in to post a comment.