SECTION 265.303. Operation and Maintenance of Public Interactive Water Features and Fountains

(a) Public interactive water feature and fountain (PIWF) operation requirements. PIWFs shall be operated and maintained under the supervision and direction of a properly trained and certified operator who is responsible for sanitation and proper maintenance of the PIWF, and who is responsible for maintaining all physical and mechanical equipment and records. Training and certification shall be obtained by completion of one of the following courses or its equivalent:

(1) the NRPA, "Aquatic Facility Operator" (A.F.O.);

(2) the NSPF, "Certified Pool Operator" (C.P.O.);

(3) the ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.); or

(4) AquaTech Pool and Aquatic Facility Operator.

(b) Operator credentials. The operator of the PIWF who is responsible for the sanitation and proper maintenance of the PIWF shall provide evidence of current certification as specified in subsection (a) of this section during inspection by the regulatory authority.

(c) Sanitation of PIWFs. The owner, manager, operator, or other attendant in charge of a PIWF shall maintain the water feature or fountain in a sanitary condition.

(1) The PIWF treatment tank shall be completely drained and cleaned at a frequency necessary to maintain water quality and sanitary conditions.

(2) Any dirt, trash, refuse, animal waste, or debris on the surface of a zero depth PIWF shall be removed from the surface and the surfaces shall be flushed and sanitized with a United States Environmental Protection Agency approved disinfectant as often as is needed to prevent contamination of the water in the PIWF.

(3) The surfaces of zero depth PIWFs and the decks of all PIWFs shall be kept clean and free of pooled water to prevent the growth of algae and bacteria.

(d) Signs for PIWFs. Warning and notification signs shall be posted at the entrance of all PIWFs, or where the signs are clearly visible to users entering the PIWF area before contact with PIWF water occurs, when the PIWF is open or in use. Signs shall be securely mounted, clearly visible, and easily read with letters in a contrasting color to the background. The required signage can be combined into a single sign. The signage shall provide the following notifications and warnings in letters at least 2 inches in height:

(1) "Non-Service Animals Prohibited;"

(2) "Changing Diapers Within 6 Feet Of The Water Feature is Prohibited;"

(3) "Use Of The Water Feature If Ill With A Contagious Disease is Prohibited;"

(4) "Do Not Drink Water From The Water Feature;" and

(5) "Use Of The Water Feature When Ill With Diarrhea is Prohibited."

(e) PIWFs without an on-site owner or operator. At PIWFs without an on-site owner or operator a sign shall be posted that provides a contact number to be used in the event of a malfunction, unsanitary condition, or any other non-emergency problem requiring correction at the PIWF. Letters and numbers on the posted sign shall be a minimum of 2 inches in height and the sign shall be clearly visible.

(f) Records for PIWFs. The following records pertaining to the operation, maintenance, cleaning, sanitation, and chemical levels shall be kept for a minimum of 2 years and, when kept on site, shall be made available during inspection by the regulatory authority. If the records are kept in a separate location off site they shall be provided to the regulatory authority within 5 working days following the inspection:

(1) daily chemical log;

(2) chlorine, bromine, cyanuric acid, and pH test results;

(3) routine maintenance schedule and activities;

(4) preventative maintenance schedule and activities;

(5) documentation that circulation equipment meets the NSF/ANSI-50 Standard, if applicable;

(6) copy of manufacturer's instructions for operation of the disinfection equipment, chemical control equipment, and chemical feed system;

(7) documentation of the facility's method for determining turnover rates as described in §265.305(c) of this title (relating to Circulation and Disinfectant Systems for Public Interactive Water Features and Fountains);

(8) documentation that the turnover rates meet the requirements as described in §265.305(c) of this title;

(9) documentation of any Cryptosporidium testing required by this subchapter;

(10) documentation of supplemental water treatment conducted as required in §265.308(f) of this title (relating to Closure of a Public Interactive Water Feature and Fountain); and

(11) documentation of the date of construction of the PIWF.

Source Note: The provisions of this §265.303 adopted to be effective May 20, 2010, 35 TexReg 3828