SECTION 265.302. Definitions

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 [phone], website: www.asse-plumbing.org.

(3) ANSI--American National Standards Institute, 25 West 43rd Street (4th Floor), New York, New York 10036, telephone [phone], 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 [phone], website: www.aquaticeducationcenter.com.

(6) APSP--Association of Pool and Spa Professionals, 2111 Eisenhower Avenue, Suite 500, Alexandria, Virginia 22314-4695, telephone [phone], website: www.apsp.org.

(7) ASPSA--American Swimming Pool and Spa Association, 1108 Little River Drive, Elizabeth City, North Carolina 27909, telephone [phone], 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 [phone], 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 [phone], 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 [phone], website: www.nrpa.org.

(38) NSF--National Sanitation Foundation International, P.O. Box 130140, 789 N. Dixboro Drive, Ann Arbor, Michigan 48113-0140, telephone [phone], 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 [phone], 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.

(50) Pump--A mechanical device, usually powered by an electric motor that causes hydraulic flow and pressure for the purpose of filtration, heating, and circulation of the PIWF water.

(51) Recreational water park--A property or any portion thereof upon which one or more PIWFs are located.

(52) Regulatory authority--Any federal, state, or local enforcement body or authorized representative having jurisdiction over PIWFs.

(53) Shall--Indicator of the mandatory provisions of these rules.

(54) Stabilizer--A chemical that reduces the loss of chlorine in water due to the ultraviolet rays of the sun. Also known by the names cyanuric acid, isocyanuric acid, conditioner, and triazinetrione.

(55) Stand-alone PIWF--A PIWF that does not share a water supply, disinfection system, filtration system, circulation system, or any other treatment system that allows water to co-mingle with a pool as defined in Subchapter L, §265.182 of this title. This does include a PIWF that shares a water supply, disinfection system, filtration system, circulation system, or any other treatment system that allows water to co-mingle with any other water feature other than a pool as defined in Subchapter L, §265.182 of this title.

(56) TCEQ--Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, telephone [phone], website: www.tceq.state.tx.us.

(57) Total chlorine--The sum of both the free available chlorine and combined chlorine.

(58) Treatment tank--The vessel, chamber, or tank used to collect the water that has been sprayed, dumped, or otherwise used at the PIWF and returned through the drains.

(59) Turnover rate--The period of time (usually in hours) required to circulate a volume of water equal to the total pool and PIWF water volume, or in the case of a stand-alone PIWF, the PIWF water volume, through the filtration equipment.

(60) Ultraviolet light (UV)--Electromagnetic radiation that is invisible to the human eye with wavelengths on the border of x-rays, about 4 nanometers, to just beyond violet in the visible spectrum, about 380 nanometers.

(61) United States Environmental Protection Agency (EPA)--Ariel Rios Building, 12000 Pennsylvania Avenue, N.W., Washington, DC 20450, telephone [phone], website: www.epa.gov.

(62) Water quality testing device or kit--A product designed to measure the level of a specific chemical in the water of a PIWF. A water quality testing device or kit includes a method to provide a visual indication of chemical level, and may include one or more testing reagents and accessory items.

Source Note: The provisions of this §265.302 adopted to be effective May 20, 2010, 35 TexReg 3828