Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter M - INTERACTIVE WATER FEATURES AND FOUNTAINS › Section 265.302 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--Refers
				  to Health and Safety Code, §
										341.0695,
				  relating to Interactive Water Features and Fountains.
(2) American Society of Sanitary Engineering
				  (ASSE)--International Office, 901 Canterbury, Suite A, Westlake, Ohio 44145,
				  telephone (440) 835-3040, website: www.asse-plumbing.org.
(3) ANSI--American National Standards
				  Institute, 25 West 43rd Street (4th Floor), New York, New York 10036, telephone
				  (212) 642-4900, website: www.ansi.org.
(4) ANSI/IAF-9 2005--American National
				  Standards Institute and International Aquatic Foundation Standards for Aquatic
				  Recreation Facilities.
(5)
				  AquaTech--Starfish Aquatics Institute, Human Kinetics Aquatic Education Center,
				  P.O. Box 5076, Champaign, Illinois, 61825-5076, telephone (800) 747-4457,
				  website: www.aquaticeducationcenter.com.
(6) APSP--Association of Pool and Spa
				  Professionals, 2111 Eisenhower Avenue, Suite 500, Alexandria, Virginia
				  22314-4695, telephone (703) 838-0083, website: www.apsp.org.
(7) ASPSA--American Swimming Pool and Spa
				  Association, 1108 Little River Drive, Elizabeth City, North Carolina 27909,
				  telephone (252) 331-2301, website: www.swimmingpooloperator.com.
(8) Automatic chemical feeder--An automatic
				  device for adding chemical to water in a public interactive water feature or
				  fountain (PIWF). An automatic chemical feeder has valves controlled by
				  electronic equipment that use pumps to dispense chemicals based on signals from
				  probes continuously monitoring the water's properties.
(9) Available chlorine--Rating of
				  chlorine-containing products for total oxidizing power (See definition number
				  (30) "Free available chlorine.")
(10) Backflow prevention device--A device
				  that is designed to prevent a physical connection between a potable water
				  system and a non-potable source such as a pool, spa, or PIWF, or to prevent a
				  physical connection between a pool, spa, or PIWF and a sanitary sewer or
				  wastewater disposal system. (See definition number (20) "Cross-connection
				  control device.")
(11)
				  Bacteria--Single-celled microorganisms of various forms, some of which cause
				  infections or disease.
(12)
				  Bromine--A chemical element (Br 2) that exists as a
				  liquid in its elemental form or as part of a chemical compound that is a
				  biocide agent used to disinfect water in a pool, spa, or PIWF.
(13) CDC--Centers for Disease Control and
				  Prevention, 1600 Clifton Road, Atlanta, Georgia 30333, telephone (800)
				  232-4636, website: www.cdc.gov.
(14) Chlorine--A chemical element (Cl
				  2) that exists as a gas in its elemental form or as part
				  of a chemical compound that is an oxidant. Chlorine is a biocide agent used to
				  disinfect water in a pool, spa, or PIWF.
(15) Chloramine--A compound formed when
				  chlorine combines with nitrogen or ammonia that, when found in significant
				  amounts in the water of a PIWF, may cause eye and skin irritation and may have
				  an objectionable odor.
(16)
				  Circulation equipment--The components that are part of a circulation system for
				  a PIWF. Circulation equipment may include but is not limited to, categories of
				  pumps; treatment tanks; hair and lint strainers; filters; valves; gauges;
				  meters; heaters; inlet/outlet fittings; and chemical feeding devices. The
				  components have separate functions, but when connected to each other by piping,
				  perform as a coordinated system for purposes of maintaining PIWF water in a
				  clear, sanitary, and desirable condition for use.
(17) Circulation system--An arrangement of
				  equipment or components, connected by piping to a PIWF in a closed circuit. The
				  function of a circulation system is to direct water from the PIWF, causing it
				  to flow through the various system components for purposes of clarifying,
				  heating, purifying, and returning the water back to the PIWF.
(18) Coliform bacteria--Bacteria found in the
				  intestines and fecal matter of warm-blooded animals.
(19) Combined chlorine--The portion of total
				  chlorine in a water-chemical combination with ammonia, nitrogen, and/or organic
				  compounds, mostly comprised of chloramines. Combined chlorine plus free
				  available chlorine equals total chlorine.
(20) Cross-connection control device--A
				  device that is designed to prevent a physical connection between a potable
				  water system and a non-potable source such as a pool, spa, or PIWF, or to
				  prevent a physical connection between a pool, spa, or PIWF and a sanitary sewer
				  or wastewater disposal system. (See definition number (10) "Backflow prevention
				  device.")
(21) Cryptosporidiosis--A
				  diarrheal disease caused by microscopic parasites of the genus
Cryptosporidium.
Water is the most common method of
				  transmission and
Cryptosporidium
is one of the most frequent
				  causes of waterborne illness among humans in the United States.
(22) Cyanuric acid--A chemical that reduces
				  the loss of chlorine in water due to the ultraviolet rays of the sun. Also
				  known by the names stabilizer, isocyanuric acid, conditioner and
				  triazinetrione.
(23) Date of
				  construction--The date a building permit for construction of a PIWF is issued
				  by a municipality or county. If no building permit is required, the date
				  excavation or electrical service to the PIWF begins, whichever is
				  first.
(24) Department--Department
				  of State Health Services, Environmental and Consumer Safety Unit, Policy,
				  Standards, and Quality Assurance, P.O. Box 149347, MC 1987, Austin, Texas
				  78714-9347, telephone (512) 834-6788, website: www.dshs.state.tx.us.
(25) Disinfectant--Energy or chemicals used
				  to kill undesirable or pathogenic (disease causing) organisms at a level
				  adequate to make the desired kill.
(26) Disinfection equipment--Equipment
				  designed to apply or deliver a disinfectant (such as chlorine) at a controlled
				  rate.
(27) DPD--A chemical testing
				  reagent (N,N-Diethyl-P-Phenylenediamine) used to measure the levels of
				  available chlorine or bromine in water by yielding a series of colors ranging
				  from light pink to dark red.
(28)
				  Extensively remodeled--Replacement of facility components or modification of
				  the PIWF so that the design, configuration, capacity, or operation is 20% or
				  more different from the original design, configuration, capacity, or operation.
				  This term does not include the normal maintenance and repair of a PIWF or a
				  water circulation system or the partial replacement of circulation system
				  equipment if the size, type, or operation of the equipment is not substantially
				  different from the original equipment. Replacement of 30% or more of the
				  circulation system shall fall within the meaning of extensively
				  remodeled.
(29) Filter--A device
				  that removes undissolved particles from water by recirculating the water
				  through a porous substance (filter media or element).
(30) Free available chlorine--That portion of
				  the total chlorine remaining in the chlorinated water that is not combined with
				  ammonia or nitrogen compounds and that will react chemically with undesirable
				  or pathogenic organisms. Free chlorine is also known as free available
				  chlorine. Combined chlorine plus free available chlorine equals total
				  chlorine.
(31) Free residual
				  chlorine--For purposes of this rule free residual chlorine means free available
				  chlorine. (See definition number (30) "Free available chlorine.")
(32) Incidental water contact--Contact with
				  water that is accidental and/or that occurs merely by chance. For purposes of
				  this subchapter, incidental water contact at a water feature or attraction is
				  contact that occurs primarily when users do not expect to become completely
				  wetted, immersed, or submerged in water and the water feature or attraction is
				  not designed to completely wet users or to allow for immersion or submersion in
				  water, and is not used by users who become completely wetted, immersed, or
				  submerged in water when using the water feature or attraction.
(33) Labeled--Equipment or material to which
				  has been attached a label, symbol, or other identifying mark of an organization
				  that is acceptable to the authority having jurisdiction and concerned with
				  product evaluation that maintains periodic inspection of production of labeled
				  equipment or materials and by whose labeling the manufacturer indicates
				  compliance with appropriate standards of performance in a specified
				  manner.
(34) Local regulatory
				  authority--The local enforcement body or authorized representative having
				  jurisdiction over PIWFs and associated facilities.
(35) mJ--Millijoule, a unit of work or
				  energy.
(36)
				  mJ/cm2 --Millijoules per centimeter
				  squared.
(37) NRPA--National
				  Recreation and Parks Association, 22377 Belmont Ridge Road, Ashburn, Virginia
				  20148-4501, telephone 1-800-626-6772, website: www.nrpa.org.
(38) NSF--National Sanitation Foundation
				  International, P.O. Box 130140, 789 N. Dixboro Drive, Ann Arbor, Michigan
				  48113-0140, telephone (800) 673-6275, website www.nsf.org.
(39) NSF/ANSI-50 Standard--National
				  Sanitation Foundation International/American National Standard Institute
				  Standard 50, Equipment for Swimming Pools, Spas, Hot Tubs and other
				  Recreational Water Facilities.
(40)
				  NSPF--National Swimming Pool Foundation, 4775 Granby Circle, Colorado Springs,
				  Colorado 80919-3131, telephone (719) 540-9119, website: www.nspf.com.
(41)
				  ONPG-MUG--Ortho-nitrophenyl-beta-D-galactopyranoside-4-methylumbelli-feryl-beta-D-glucuronide,
				  an enzyme substrate assay used for measuring total coliform and
E.
				  coli
in water as described in the Code of Federal Regulations, Title
				  40, Part 141.
(42) Owner or
				  operator--The owner of the property upon which the PIWF is located, or the
				  operator, business manager, complex manager, property owners association
				  manager, rental agent, lessee, licensee, concessionaire, or other individual
				  who is in charge of the day to day operations or maintenance of the property.
				  The owner or operator is responsible to ensure that the PIWF complies with
				  state and local standards.
(43)
				  Ozone (O3)--A gas composed of oxygen that is generated
				  on site and used to oxidize organic matter in water.
(44) Ozone generator--A device that produces
				  ozone, usually by exposing air or oxygen to a corona discharge or ultraviolet
				  light.
(45) Parts per million
				  (ppm)--A unit measurement in chemical testing that indicates the parts by
				  weight in relation to one million parts by weight of water. For the purposes of
				  PIWF water chemistry, ppm is considered to be essentially identical to the term
				  milligrams per liter (mg/L).
(46)
				  pH--A value expressing the relative acidic or basic tendencies of a substance,
				  such as water, as indicated by the hydrogen ion concentration. The pH is
				  expressed as a number on the scale of zero to 14, less than one being most
				  acidic, 1 to 6.9 being acidic, 7 being neutral, 7.1 to 14 being basic, and 14
				  being most basic.
(47) Pool--For
				  purposes of this subchapter, the term shall have the meaning assigned to it in
				  Subchapter L, §
										265.182 of
				  this title (relating to Definitions).
(48) Potable water--Water that meets all
				  applicable standards for an approved drinking water source of the Texas
				  Commission on Environmental Quality (TCEQ), 30 Texas Administrative Code (TAC),
				  Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for
				  Public Water Systems, as amended, and 30 TAC Chapter 290, Public Drinking
				  Water, Subchapter F, Drinking Water Standards Governing Drinking Water Quality
				  and Reporting Requirements for Public Water Systems, as amended, or the
				  equivalent.
(49) Public interactive
				  water feature and fountain (PIWF)--Any indoor or outdoor installation
				  maintained for public recreation that includes water sprays, dancing water
				  jets, waterfalls, dumping buckets, or shooting water cannons in various arrays
				  for the purpose of wetting the persons playing in the spray streams. PIWFs:
(A) may be stand-alone PIWFs or may share a
				  water supply, disinfection system, filtration system, circulation system, or
				  other treatment system that allows water to co-mingle with a pool;
(B) may be publicly or privately
				  owned;
(C) may be operated by an
				  owner, lessee, operator, licensee, or concessionaire, regardless of whether a
				  fee is charged for use;
(D)
				  include, but are not limited to, interactive water features or fountains that
				  are open exclusively to members of an organization and their guests, residents
				  of a multi-unit apartment building or apartment complex, residential real
				  estate development, or other multi-family residential area, schools, day care
				  facilities, youth camp, or hotel or other public accommodations
				  facility;
(E) do not include
				  interactive water features or fountains located on private property under the
				  control of the property owner or the owner's tenant serving a single-family
				  residence or duplex and that are intended for use by not more than two resident
				  families and their guests; and
(F)
				  are not fountains, installations, amusement rides, or other attractions,
				  whether decorative or interactive, in which only incidental water contact
				  occurs.