SECTION 265.152. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) AED--Automated External Defibrillator. A device that automatically diagnoses the life-threatening cardiac arrhythmias of ventricular fibrillation and pulseless ventricular tachycardia, and is able to treat those conditions by application of electricity which stops the arrhythmia, allowing the heart to re-establish an effective rhythm.

(2) Alternative communication system--Devices that alert multiple on-site staff when activated, such as pager systems, radios, or walkie-talkie communication systems. Used to notify either on-site emergency medical services (EMS), on-site medical staff, or on-site certified staff such as lifeguards, or a commercial emergency monitoring service.

(3) Alternative method of disinfectant--A method of disinfection required to be approved by the department.

(4) ANSI--American National Standards Institute.

(5) APSP--Association of Pool and Spa Professionals.

(6) ARC--American Red Cross.

(7) Artificial swimming lagoon (lagoon)--An artificial body of water used for recreational purposes with more than 20,000 square feet of surface area, an artificial liner, and a method of disinfectant. The term does not include a body of water open to the public that continuously recirculates water from a spring or a pool. The term "lagoon" used in this subchapter means "artificial swimming lagoon."

(8) Artificial swimming lagoon yard--An area that has an enclosure that contains the lagoon.

(9) ASME--American Society of Mechanical Engineers.

(10) ASPSA--American Swimming Pool and Spa Association.

(11) Australian standard AS 4663-2013--A method to measure the slip resistance of pedestrian surfaces.

(12) Backflow prevention device--A device designed to prevent a physical connection between a potable water system and a non-potable source such as the lagoon, or a physical connection between the lagoon and a sanitary sewer or wastewater disposal system.

(13) Bonded--Permanent joining of metallic parts to form an electrically conductive path that ensures electrical continuity and the capacity to conduct safely any current likely to be imposed to minimize the risk of electrocution.

(14) Broken stripe--A horizontal stripe that is at least 1-inch wide with uniform breaks in the stripe, with the breaks totaling not more than 75% of the length of the stripe and stripe breaks.

(15) BVM--Bag-Valve Mask. A handheld device used to provide positive pressure ventilation to persons who are not breathing adequately. Also known by its proprietary name, Ambu bag.

(16) Chemical feeder--A mechanical or electronic device for applying chemicals into the lagoon.

(17) Circulation equipment--Mechanical components that are part of a circulation system on the lagoon. Circulation equipment includes pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices.

(18) 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 the lagoon, or a physical connection between the lagoon and a sanitary sewer or wastewater disposal system. (See paragraph (12) of this section "Backflow prevention device.")

(19) DCOF--Dynamic coefficient of friction. A measurement of frictional resistance of a surface one pushes against when already in motion.

(20) DCOF AcuTest--A test used to evaluate the slip resistance or DCOF of a tile surface under known conditions using a standardized sensor prepared according to a specific protocol.

(21) Deck--An area immediately adjacent to or attached to the lagoon that is specifically constructed or installed for sitting, standing, or walking and may include the coping. The term does not include a sandy beach area adjacent to a zero-entry access area.

(22) Deep area--A water level in the lagoon that is over five feet in depth.

(23) Department--The Texas Department of State Health Services.

(24) Depth--Vertical distance measured at three feet from the lagoon wall or barrier from the bottom of the lagoon to the design water level.

(25) Design water level--

(A) For a skimmer system, the midpoint of the operating range of the skimmers.

(B) For a gutter or overflow system, the top of the overflow rim of the gutter or overflow system.

(26) Disinfectant--Energy, chemicals, or a combination of both used to kill undesirable or pathogenic (disease causing) organisms and having a measurable residual or level adequate to make the desired kill.

(27) Diving board--A recreational mechanism for entering the lagoon, consisting of a semi-rigid board that derives its elasticity through the use of a fulcrum mounted below the board.

(28) DPD--A chemical testing reagent (N, N-Diethyl-P-Phenylenediamine). It is used to measure the levels of free chlorine or bromine in water by yielding a series of colors ranging from light pink to dark red.

(29) Facility--The lagoon and restrooms, dressing rooms, equipment rooms, decks or walkways, beach entries, enclosure and other appurtenances directly serving the lagoon.

(30) Filter--A device that removes undissolved particles from water by recirculating the water through a porous substance (filter media or element).

(31) Filter media--A finely graded material (for example, sand, diatomaceous earth, polyester fabric, or anthracite) that removes filterable particles from the water.

(32) FINA--Fédération Internationale de Natation. The organization that administers international competition in aquatic sports.

(33) Licensed engineer--A person licensed to engage in the practice of engineering in the State of Texas in accordance with the Texas Engineering Practice Act, Texas Occupations Code, Chapter 1001, and related rules.

(34) Licensed master electrician--An individual, licensed as a master electrician, who on behalf of an electrical contractor, electrical sign contractor, or employing governmental entity, performs electrical work in accordance with the Texas Electrical Safety and Licensing Act, Texas Occupations Code, Chapter 1305, and related rules.

(35) Lifeguard--An expert swimmer who supervises the safety and rescue of swimmers, surfers, and other water sports participants and who has successfully completed and holds a current ARC certificate or the equivalent certification from an aquatic safety organization, which includes training in cardiopulmonary resuscitation for adults, infants, and children, use of an AED, use of a BVM, and first aid.

(36) Local regulatory authority--A county, municipality, or other political subdivision of the state.

(37) Motorboat--Any vessel propelled or designed to be propelled by machinery, whether or not the machinery is permanently or temporarily affixed or is the principal source of propulsion. (See paragraph (64) of this section "Vessel.")

(38) Non-swimming area--A section of a lagoon used by vessels or motorboats, or for other aquatic activities such as surfing and wakeboarding.

(39) NSF--NSF International.

(40) NSF 50 or NSF/ANSI Standard 50--Standard establishing minimum requirements for materials, design, construction, and performance of equipment commonly included in the water circulation systems of residential and public swimming pools, spas, or hot tubs.

(41) NSF 60 or NSF/ANSI Standard 60--Standard covering drinking water treatment chemicals and establishing criteria for promoting sanitation and protection of public health in relation to drinking water.

(42) ORP--Oxidation Reduction Potential. The potential level of oxidation-reduction produced by strong oxidizing (sanitizing) agents in a water solution. Oxidation level is measured in millivolts by an ORP meter.

(43) Overflow system--Overflows, surface skimmers, and surface water collection systems of various design and manufacture for removal of surface water from the lagoon.

(44) pH--A value expressing the relative acidic or basic tendencies of a substance such as water on a scale from 0 to 14 with 7.0 being neutral, values less than 7.0 being acidic, and values greater than 7.0 being basic.

(45) PHTA--Pool and Hot Tub Alliance, formally APSP and National Swimming Pool Foundation.

(46) Pump--A mechanical device that causes hydraulic flow and pressure for filtration, heating, and circulation of the water in the lagoon.

(47) Regulatory authority--A federal or state agency or a local regulatory authority.

(48) Rescue tube--A piece of lifesaving equipment that is an essential part of the equipment that must be carried by lifeguards and that is used to make water rescue easier by helping support the victim's and rescuer's weight.

(49) Return inlet or inlet--Aperture or fitting through which the water under positive pressure returns into the lagoon.

(50) Ring buoy--A ring-shaped floating buoy capable of supporting a user.

(51) Rope and float line--A continuous line that is not less than 1/4-inch in diameter and that is supported by buoys and attached to sides of the lagoon to separate swimming areas from non-swimming areas of the lagoon.

(52) Secchi disk--An eight-inch diameter disk with alternating black and white quadrants that is lowered in the water column and is used to measure water turbidity and clarity.

(53) Self-closing and self-latching device--A mechanism on a gate that enables a gate to automatically fully close and latch without human or electrical power.

(54) Service animal--A canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability in accordance with the Texas Human Resources Code, Chapter 121. An animal of any other species, whether wild or domestic, trained or untrained, is not considered a service animal.

(55) Slide--A recreational feature with a flow of water and an inclined flume or channel by which a rider is conveyed downward into the lagoon.

(56) Slip resistant--A surface that has been treated or constructed to significantly reduce the chance of slipping.

(57) Steps, recessed steps, ladders, and recessed treads--A lagoon entry and exit that may be used separately or in conjunction with one another.

(58) Suction outlet--A fitting, fitting assembly, cover or grate, and related components that provide a localized low-pressure area for the transfer of water from the lagoon.

(59) Surf lagoon--A lagoon in which waves are generated and dedicated to the activity of surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport as opposed to general play intent for wave lagoons.

(60) Swimming area--A section of a lagoon used for swimming, wading, or other activities involving contact with or immersion in water.

(61) TCEQ--Texas Commission on Environmental Quality.

(62) UL--An independent testing laboratory (formerly Underwriters Laboratories).

(63) User load--The number of persons in the swimming areas of the lagoon at any given moment or during any stated period of time.

(64) Vessel--Any watercraft, including surfboards, paddleboards, and wakeboards, other than a seaplane on water, used or capable of being used for transportation on water. (See paragraph (37) of this section "Motorboat.")

(65) VGBA--The Virginia Graeme Baker Pool and Spa Safety Act. A federal law that requires all public pools and spas to be fitted with suction outlets that meet the ASME/ANSI A112.19.8 standard.

(66) Wading only areas--Wading only areas of the lagoon that are intended for use by non-swimmers or for non-swimming activities.

(67) Wastewater disposal system--A plumbing system used to dispose of backwash or other water from the lagoon or from dressing rooms and other facilities associated with the lagoon.

(68) Water lounge or shelf--A horizontal area of the lagoon that adjoins the lagoon wall at a depth of 2 inches to 10 inches and is used for seating and play.

Source Note: The provisions of this §265.152 adopted to be effective March 1, 2020, 45 TexReg 1024