City of Frisco, TX PUBLIC INTERACTIVE WATER FEATURES AND FOUNTAINS

Adopting new regulations as set forth in the Texas Department of State Health Services Standards for Artificial Swimming Lagoons and Public Interactive Water Features and Fountains, adopted by the Texas Department of State Health Services Standards in Title 25 (Health Services), Texas Administrative Code, Part 1 (Department of State Health Services), Chapter 265 (General Sanitation), Subchapter K (Artificial Swimming Lagoons) and Subchapter M (Public Interactive Water Features and Fountains), which establish regulations for the design, construction, operation, repair and maintenance of all artificial swimming lagoons and public interactive water features and fountains, save and except the deletions and additions set forth below (the "Texas Department of State Health Services Standards for Artificial Swimming Lagoons" and the "Texas Department of State Health Services Standards for Public Interactive Water Features and Fountains," respectively). The Texas Department of State Health Services Standards for Artificial Swimming Lagoons and Public Interactive Water Features and Fountains is made a part of this division as if fully set forth herein. Copies of the Texas Department of State Health Services Standards for Artificial Swimming Lagoons and Public Interactive Water Features and Fountains are on file in the office of the City Secretary being marked and designated as the Texas Department of State Health Services Standards for Artificial Swimming Lagoons and Public Interactive Water Features and Fountains, published by the Texas Department of State Health Services, General Sanitation Division.

(1)

The following deletions and additions to the TAC Title 25, Part 1 Chapter 265, Subchapter K (Artificial Swimming Lagoons) are hereby approved and adopted:

Rule § 265.152 Definitions is modified as follows:

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(36)

Local regulatory authority - The City of Frisco, Texas.

Rule § 265.153 Plans, Permits and Instructions is modified as follows:

(a)

Licensed engineer required.

Lagoons shall be designed by a registered professional engineer in the State of Texas and all drawings and documentation must be signed and sealed. Design engineers must be registered with the city and provide proof of professional liability insurance with a minimum coverage of one million dollars ($1,000,000.00). The professional engineer shall certify that lagoon, features, and facilities are designed, built, and operate in compliance with these rules and with applicable federal, state, and/or local regulatory requirements.

(b)

Plans and permits.

The local regulatory authority shall review all applicable permitting and plan submittal documents for new construction or renovation of lagoons and facilities in order to ensure compliance regarding enforcement issues. The local regulatory authority requires that a registered professional engineer approve the design, construction and renovation of pools, spas, water features, and facilities. Regardless of whether a regulatory authority requires plans or permits, pools and spas shall be designed, constructed, and operated in compliance with the Texas Department of State Health Services Artificial Swimming Lagoons (Lagoons).

Rule § 265.157 Filters is modified as follows:

(a)

Filters and media.

All lagoon filters and filter media, including alternative filter media, shall be certified, listed, and labeled to NSF/ANSI 50 or NSF/ANSI 60. Filters shall use the appropriate filter media within the size specifications as recommended by the filter manufacturer and NSF/ANSI. Any filtration system that does not discharge backwash, wash water, and drainage water into the sanitary sewer system through an approved p-trap is prohibited by the regulatory authority.

Rule § 265.158 General Requirements for Pumps and Motors is modified as follows:

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(e)

Pumps and motors.

A pump or motor provided for circulation of water shall meet the filter design range of flow required for filtering and cleaning the filters against the total dynamic head developed by the complete system and to meet required water quality. When pumps are replaced or upgraded, a licensed design engineer shall submit calculations and design values of the new system.

Rule § 265.164 Wastewater Disposal is modified as follows:

(a)

Discharge or disposal.

Filter backwash, cartridge wash water, and drainage water that is not reused in the lagoon shall be discharged or disposed of in accordance with the requirements of the local regulatory authority. All backwash systems shall be discharged to the sanitary sewer system through an approved p-trap unless prior approval for alternate disposal is obtained from the local regulatory authority.

Rule § 265.166 Water Quality is modified as follows

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(p)

Microbiological quality standards.

Microbiological examination may be requested when deemed necessary by the city. These samples shall be examined in accordance with the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater, or as amended, (APHA, AWWA, and WPCF). All related fees shall be paid by the owner/operator of the pool or spa.

Rule § 265.174 Enforcement is modified as follows:

(a)

If a person violates or causes, suffers, allows or permits a violation of Texas Health and Safety Code section 341.064, this subchapter or any of these rules, the department or local regulatory authority may, among other things and in accordance with Health and Safety Code section 341.092, assess civil penalties, seek injunctive relief, or both.

(b)

If inspections by the local regulatory authority determine that the operation or maintenance of the lagoon, or facility constitutes a serious health or safety hazard for the user, the local regulatory authority may request voluntary immediate closure, perform involuntary closure, seek injunctive relief, and/or use any other enforcement methods and/or remedies available. In addition, a person who violates or causes, suffers, allows or permits a violation of Texas Health and Safety Code, section 341.064, this subchapter or any of these rules may also be subject to a criminal penalty under Texas Health and Safety Code, section 341.091. The local regulatory authority may take any and all appropriate legal remedies available to it including, but not limited to, immediately posting the lagoon closed. Whenever a lagoon voluntarily closes or is required to cease operation at any time, all access to the lagoon shall be restricted and a notice shall be posted at every entrance notifying the public that the lagoon is closed until further notice. Whenever a lagoon closes by mandate of the local regulatory authority or is required to cease operation, all access to the lagoon shall be restricted and a notice shall be posted at every entrance notifying the public that the lagoon is closed until further notice. Whenever a lagoon is involuntarily closed, operation can only be resumed when evidence is presented that all deficiencies that caused closure have been corrected and if explicitly authorized by the local regulatory authority. Such evidence may be in the form of a reinspection by the local regulatory authority, or by other evidence acceptable to the local regulatory authority.

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(d)

The City of Frisco chief building official, or his/her designee, shall be responsible for the enforcement of this ordinance.

(2)

The following deletions and additions to the TAC Title 25, Part 1 Chapter 265, Subchapter M (Public Interactive Water Features and Fountains) are hereby approved and adopted:

Rule § 265.302 Definitions is modified as follows:

(34)

Local regulatory authority - The City of Frisco, Texas.

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(63)

Remodeled - Replacement of facility of components or modification of the PIWF so that the design, configuration, capacity or operation differs in any aspect from the original approved design. This term does not include normal maintenance and repair of a PIWF or a water circulation system but does include any replacement or repair of circulation system equipment if the size, type or operation of the equipment differs from the original equipment.

Rule § 265.304 Water Supply and Wastewater Disposal is modified as follows:

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(d)

Backwash water.

Rule § 265.306 Water Quality at Public Interactive Water Features and Fountains is modified as follows:

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(r)

Microbiological quality standards.

Rule § 265.307 Inspections and Permitting of Public Interactive Water Features and Fountains is modified as follows:

(a)

The city or the department may:

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(3)

Require that the PIWF is tested for Cryptosporidium or other water borne illnesses/diseases when the illnesses/diseases are diagnosed in an individual who has used the PIWF. Such testing costs shall be incurred and paid for by the owner or operator of the PIWF.

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(e)

The owner or operator of a PIWF shall obtain from the city an annual operational permit for each PIWF. The permit fee for each PIWF that has recirculated water shall be two hundred twenty-five and no/100 dollars ($225.00); the permit fee for each PIWF that has non-recirculated water shall be one hundred and no/100 dollars ($100.00).

(f)

The local regulatory authority shall review all applicable permitting and plan submittal documents for new construction or renovation of PIWFs and facilities in order to ensure compliance regarding enforcement issues. The local regulatory authority requires that a registered professional engineer approve the design, construction and renovation of pools, spas, water features, and facilities.

(g)

Licensed engineer required.

PIWFs shall be designed by a registered professional engineer in the State of Texas and all drawings and documentation must be signed and sealed. Design engineers must be registered with the city and provide proof of professional liability insurance with a minimum coverage of one million dollars ($1,000,000.00). The professional engineer shall certify that public interactive water features, and facilities are designed, built, and operate in compliance with these rules and with applicable federal, state, and/or local regulatory requirements.

(Ordinance 18-01-02, sec. 3, adopted 1/2/18; Ordinance 2021-08-51, sec. 5, adopted 8/17/21)