SECTION 265.307. Inspections and Permitting of Public Interactive Water Features and Fountains

(a) A county, municipality, or the department may:

(1) require that the owner or operator of a public interactive water feature or fountain (PIWF) obtain a permit for operation of the water feature or fountain;

(2) inspect a PIWF for compliance with this subchapter; and

(3) require that the PIWF is tested for Cryptosporidium when the illness Cryptosporidiosis is diagnosed in an individual that has used that PIWF.

(b) A department or local regulatory representative, upon presenting credentials, shall have the right to enter at all reasonable times any area or environment, including but not limited to the PIWF facility, building, storage area, equipment room, or office area to investigate for compliance with these sections, to review records, to question any person, or to locate, to identify, and to assess the condition of the PIWF facility.

(c) Advance notice or permission for inspections or investigations by the department or local regulatory authority is not required.

(d) A department or local regulatory representative shall not be impeded or refused entry in the course of the representative's official duties by reason of any state or federal law or company policy. It is a violation of the Act for a person to interfere with, deny, or delay an inspection or investigation conducted by a department or local regulatory representative.

(e) A county, municipality or the department may impose and collect a reasonable fee in connection with a permit or inspection requirement.

(f) If a county or municipality imposes and collects a fee for a permit or inspection of a PIWF the following conditions shall be met:

(1) the auditor for the county or municipality shall review the program every 2 years to ensure that the fees imposed do not exceed the cost of the program; and

(2) the county or municipality shall refund the permit holders any revenue determined by the auditor to exceed the cost of the program.

Source Note: The provisions of this §265.307 adopted to be effective May 20, 2010, 35 TexReg 3828