SECTION 265.306. Water Quality at Public Interactive Water Features and Fountains

(a) Public interactive water features and fountains (PIWF) constructed prior to May 1, 2010, shall be equipped with equipment capable of maintaining chemical levels as required in subsection (c) of this section, referring to disinfection and cyanuric acid levels, and subsection (d) of this section, referring to pH, at all times the PIWF is open.

(b) PIWFs constructed or extensively remodeled on or after May 1, 2010, shall be equipped with automatic disinfectant and pH feed equipment that provides continuous and effective disinfection and maintains the required pH at all times the PIWF is open. Disinfection, pH, and any other chemical control equipment shall:

(1) be capable of automatically adjusting chemical feed based on demand;

(2) be installed, maintained, operated, and repaired in accordance with manufacturer's instructions;

(3) be provided with make-up water supply lines to chemical feeder solution containers that have an air gap or other acceptable cross-connection control;

(4) be designed to prevent siphoning from the recirculation system to the solution container and to prevent siphoning of the chemical solution into the PIWF; and

(5) incorporate failure-proof features so that the chemical cannot feed into the PIWF, the piping system, or the water supply system if equipment or power fails, or if there is not adequate return flow to properly disperse the chemical.

(c) Disinfectant and cyanuric acid levels shall meet the following criteria at any time a PIWF is open or in use:

Attached Graphic

(d) The pH shall meet the following criteria at any time a PIWF is open or in use:

Attached Graphic

(e) Forms of chlorine containing stabilizer (cyanuric acid) shall not be used in indoor PIWFs.

(f) Chemicals used in a PIWF shall:

(1) be registered and labeled for use in recreational aquatic facilities, such as pools and spas, by the United States Environmental Protection Agency (EPA);

(2) be used according to the chemical manufacturer's instructions for the chemical feed system in use; and

(3) comply with the NSF/ANSI-50 Standard certification for the chemical feed system.

(g) In addition to maintaining sanitizer, cyanuric acid, and pH levels as required in this section, and except as provided in subsections (j) and (l) of this section, PIWFs shall be equipped with a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium.

(1) Supplemental water treatment systems for a PIWF include:

(A) UV light disinfection installed after filtration;

(B) ozone;

(C) a NSF/ANSI-50 product, combination of products, or process to control Cryptosporidium;

(D) weekly hyperchlorination following the Center for Disease Control's Recommendations for Aquatics Operators of Treated Venues "Hyperchlorination to Kill Cryptosporidium" available on the CDC's website: www.cdc.gov/healthyswimming/; or

(E) an equivalent product, process, or system approved by the department.

(2) Except as provided in subsections (j) and (l) of this section, water from a PIWF shall not be combined or circulated with water of other water features or pools unless:

(A) all of the water either into or from the PIWF is treated with a supplemental water treatment system prior to combining or circulating with water from other water features or pools; or

(B) all of the water in the other water features or pools that is combined or circulated with water from the PIWF is treated with a supplemental water treatment system.

(h) UV light disinfection systems shall:

(1) conform to the NSF/ANSI-50 Standard relating to Equipment for Pools, Spas, Hot Tubs, and Other Recreational Water Facilities;

(2) provide a validated dosage confirmed by a third party validation which results in a 3 log kill of Cryptosporidium;

(3) provide a validated dosage equivalent to 40mJ/cm² or greater at the end of lamp life;

(4) include an automatic audible alarm to warn of a UV light disinfection unit malfunction or impending shutdown;

(5) be equipped with an automatic mechanism for shutting off the power to the UV light source whenever the protective UV unit cover is removed; and

(6) be installed in an enclosure designed to protect the operator against electrical shock or excessive radiation and that provides protection from UV exposure.

(i) Ozone disinfection systems shall meet the standards in the EPA Guidance Manual for Alternative Disinfectants and Oxidants, EPA Publication 815-R-99-014, April 1999, as amended, available at: http://www.epa.gov/safewater/mdbp/alternative_disinfectants_guidance.pdf.

(j) Operators of stand-alone PIWFs constructed prior to May 1, 2010, in addition to maintaining sanitizer, cyanuric acid, and pH levels as required in this section shall:

(1) implement a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium; or

(2) test the water of the PIWF for Cryptosporidium every 14 days during operation.

(k) Operators of stand-alone PIWFs constructed or extensively remodeled after May 1, 2010 shall, in addition to maintaining sanitizer, cyanuric acid, and pH levels as required in this section, implement a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium.

(l) Operators of all PIWFs constructed prior to May 1, 2010, and that share a water supply, disinfection system, filtration system, circulation system or any other treatment system that allows water to co-mingle with a pool, in addition to maintaining sanitizer, cyanuric acid, and pH levels as required in this section shall:

(1) implement a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium; or

(2) test the water of the PIWF for Cryptosporidium every 30 days during operation.

(m) Operators of all PIWFs constructed or extensively remodeled after May 1, 2010, and that share a water supply, disinfection system, filtration system, circulation system, or any other treatment system that allows water to co-mingle with a pool, shall in addition to maintaining sanitizer, cyanuric acid, and pH levels as required in this section implement a supplemental water treatment system that will protect the public against infection by the parasite, Cryptosporidium.

(n) A water quality testing device or kit capable of accurately testing for and measuring pH, free and total chlorine, bromine, and cyanuric acid within the chemical ranges as required in this section shall be provided by the PIWF owner or operator.

(1) Free available chlorine and bromine levels shall be determined by use of the DPD method or its equivalent.

(2) Test reagents shall be properly stored and replaced at frequencies recommended by the manufacturer to assure accuracy of the tests.

(3) The water quality testing device or kit shall conform to the NSF/ANSI-50 Standard relating to Equipment for Pools, Spas, Hot Tubs, and Other Recreational Water Facilities.

(o) When a PIWF is open for use, tests for chlorine or bromine levels and pH shall be conducted to comply with the following:

(1) If the PIWF is equipped with automatic disinfectant and pH feed equipment that provides continuous and effective disinfection and maintains the required pH, and that system continually monitors and automatically controls chlorine or bromine levels and pH, testing for chlorine or bromine and pH of the PIWF water shall be conducted at least once during each day the PIWF is in operation.

(2) If the PIWF is not equipped with automatic disinfectant and pH feed equipment that provides continuous and effective disinfection and maintains the required pH and that continually monitors and automatically controls chlorine or bromine levels and pH, testing for chlorine or bromine and pH of the PIWF water shall be conducted at least twice a day, once immediately prior to opening the PIWF and once midway through the period of time it is open for use, during each day the PIWF is in operation.

(3) Tests for cyanuric acid levels shall be conducted at least once every 7 days of operation when chlorine containing stabilizer is in use.

(p) Records of all testing performed at a PIWF shall be kept for 2 years and, if 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.

(q) If the water of a PIWF is sampled and tested for bacterial content the sample shall not:

(1) exceed 200 bacteria per milliliter as determined by heterotrophic plate count; or

(2) indicate the presence of total coliform organisms in a 100 milliliter sample by any of the following methods:

(A) multiple tube;

(B) membrane filter; or

(C) the Minimal Medium ONPG-MUG test described in the Code of Federal Regulations, Title 40, Part 141.

Source Note: The provisions of this §265.306 adopted to be effective May 20, 2010, 35 TexReg 3828