(a) Purpose of the rules. These rules implement Texas Health and Safety Code, §341.0695.
(b) Scope of rules. These rules address minimum sanitation requirements for public interactive water features and fountains (PIWFs). These standards are based in part on the American National Standards Institute and International Aquatic Foundation Standards for Aquatic Recreation Facilities (ANSI/IAF-9 2005) as amended, the National Swimming Pool Foundation's 2008 "Aquatic Play Feature Handbook" as amended, the Centers for Disease Control and Prevention "Designing Public Swimming Facilities Guidelines," and the Centers for Disease Control and Prevention "Operating Public Swimming Pools Guidelines" both available at http://www.cdc.gov/healthyswimming/.
  (1) These rules apply to all PIWFs whether the PIWF shares or does not share 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 or a pool.
  (2) A PIWF that is supplied entirely by drinking water that is not recirculated is not subject to §265.303(d) and §265.303(f) of this title (relating to Operation and Maintenance of Public Interactive Water Features and Fountains); §265.305 (relating to Circulation and Disinfectant Systems for Public Interactive Water Features and Fountains), and §265.306 of this title (relating to Water Quality at Public Interactive Water Features and Fountains).
  (3) These rules do not apply to a PIWF that uses freshwater originating from a natural watercourse for recreational purposes and that releases the freshwater back into the same natural water course.
  (4) A PIWF with water reservoirs or basins that are accessible to users may be subject to the suction device requirements of Chapter 265, Subchapter L of this title (relating to Standards for Public Swimming Pools and Spas).
(c) PIWF standards. Where a local regulatory authority has jurisdiction for the regulation of PIWFs, such authorities may adopt standards that vary from these standards; however, such standards shall be the same as, equivalent to, or more stringent than these standards.

Source Note: The provisions of this §265.301 adopted to be effective May 20, 2010, 35 TexReg 3828