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For purposes of this article, the following terms and phrases shall have the meanings herein designated unless a provision explicitly states otherwise.
ADEQUATE. Sufficient to accomplish the purpose for which something is intended and to such a degree that no unreasonable risk to health or safety is presented. Complying with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession is adequate with the meaning of the article.
cm. Centimeter.
DIRECTOR. The director of the department of code compliance for the city or the director’s authorized representative.
EXTENSIVELY REMODELED. The replacement of or modification to a recreational aquatic spray ground structure, its circulation system, or its appurtenances, so that the design, configuration or operation is different from the original design, configuration or operation. This term does not include the normal maintenance and repair or the replacement of equipment that has been previously approved if the size, type or operation of the equipment is not substantially different from the original equipment.
FREE AVAILABLE DISINFECTANT. That portion of the total approved chemical disinfectant remaining in water that is not combined with other compounds and that will react chemically with pathogenic or other undesirable organisms.
gpm. Gallons per minute.
gpm/sf. Gallons per minute per square foot.
MAY. An act or omission is permissive.
mJ. Milijoule.
mJ/cm2. Milijoules per centimeter squared.
OPERATING DAY. A day on which the recreational aquatic spray ground is open to patrons for any period of time.
OPERATING WEEK. A seven-day period beginning on Sunday and concluding on Saturday, one or more days of which the recreational aquatic spray ground is open to patrons.
PERSON. A natural person, corporation, organization, business trust, estate, trust, partnership, association or other legal entity. The term does not include government or a governmental subdivision or agency.
pH. The negative logarithm of the hydrogen-ion concentration of a water solution; a measure of the acidity or alkalinity of a solution expressed in standard units.
RECREATIONAL AQUATIC SPRAY GROUND or RASG. A public or private facility intended for recreational purposes in which water is sprayed on a solid surface and continually drained, collected, treated and re-circulated, regardless of whether a fee is charged for use. The term shall include the deck and all related buildings, appurtenances and facilities such as dressing and locker rooms, toilets, showers and other areas designed for operation of the facility or for use by the facility’s patrons. The term does not include an artificial body of water that meets the definition of pool under Article XVIII of this chapter. The term does not include a decorative fountain that is not intended to be used for recreational purposes. The term does not include a facility in which water is not re-circulated.
sf. Square foot.
SHALL. An act or omission is mandatory.
SHOULD. An act or omission is recommended but not mandatory.
SPRAY FEATURE. The devices and plumbing used to convey water to the spray pad to spray the patrons.
SPRAY PAD. The specific area on which the patrons stand and are sprayed with water and consists of the play surface, spray features and drains.
SPRAY PAD TREATMENT SYSTEM. The equipment and processes used to filter, disinfect, sanitize and circulate the water used for the spray pad and spray features.
TAC. The Texas Administrative Code.
TREATMENT TANK. The vessel used to collect the water that has been sprayed on the spray pad and returned through the spray pad drains.
UV. Ultraviolet light, which is that portion of the electromagnetic spectrum with wavelengths shorter than visible light but longer than X-rays.
WASTE WATER. All water that has been dispensed or re-circulated at a RASG. The term includes water generated when a RASG tank and circulation system is flushed, drained, or both. The term does not include rain or other precipitation.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
Every facility within the corporate limits of the City of Fort Worth that meets the definition of recreational aquatic spray ground under this article must obtain a permit from the director of the city’s code compliance department in order to operate. A person commits an offense if the person owns, operates, or manages a RASG without a valid permit issued by the director.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) A recreational aquatic spray ground must comply with the technical specifications of all subsections of this section with respect to construction, operation and maintenance.
(b) A RASG that does not comply with these technical specifications may not be issued a permit and may not continue to operate under a permit that was previously issued.
(1) Water supply.
a. Water supply to the RASG facility must meet the standards under Texas law for public drinking water, which are currently found in Tex. Administrative Code Title 30.
b. Cross-connection between the water supply and re-circulation systems is prohibited.
(2) Water acidity levels. The pH level at the RASG must meet the requirements under state law for a pool or spa. The pH level of the water shall be monitored and recorded at least once during each operating day.
(3) Filtration.
a. Filtration must meet one of the following standards:
1. Sand filters.
i. High-rate sand filters (pressure or vacuum) shall be properly maintained and operated according to the manufacturer’s instructions and at a filter rate not to exceed 15 gpm/sf.
ii. Filter air release valves shall be opened as needed to remove air that collects in the filters.
iii. Sand filters shall be backwashed at a flow rate of 12 to 15 gpm/sf or at the rate recommended by the manufacturer.
2. Diatomaceous earth filters.
i. Diatomaceous earth filters shall be properly maintained and operated according to the manufacturer’s instructions and at a filter rate not to exceed two gpm/sf with body feed or one and one-half gpm/sf without body feed.
ii. Diatomaceous earth filters must be equipped with a separation tank.
iii. Used diatomaceous earth filter media, including separation tank sludge, shall be disposed of or treated as a solid waste material in accordance with the requirements of state law.
3. Cartridge filters.
i. Cartridge filters shall be properly maintained and operated according to the manufacturer’s instructions and at a filter rate not to exceed a maximum of 0.375 gpm/sf.
ii. Cleaning and replacement of cartridge filters must be in accordance with the manufacturer’s recommendations. One complete spare set of cartridges shall be available at all times to facilitate cleaning.
b. Operating instructions must be permanently attached to all filters, regardless of type.
c. All filtration systems, regardless of type, must be equipped with inlet and outlet pressure gauges and other gauges in accordance with the manufacturer’s specifications.
d. Regardless of type, the filtration system must be equipped with flow metering equipment to ensure that water flow does not exceed the prescribed rate.
(4) Chemical disinfection.
a. Recreational aquatic spray grounds must employ a type of chemical disinfectant that is approved under state law for use with a spa.
b. Recreational aquatic spray grounds must be designed and maintained so that free available disinfectant levels meet state requirements for chemical disinfection of a spa.
c. Recreational aquatic spray grounds must employ automatic feeders for dispensing of disinfectant.
d. RASG must be equipped with chemical metering equipment that monitors and records data regarding free available disinfectant levels to ensure that such levels are maintained at the prescribed level.
e. The free available disinfectant levels shall be manually tested and recorded at least once during each operating day.
f. RASG must employ a mechanism that causes the spray features to automatically turn off and prevents them from re-starting in the event free available disinfectant levels fall outside the ratio prescribed by state law for the type of disinfectant in use.
g. Chemical dispensing and metering equipment shall be cleaned, maintained and repaired in accordance with the manufacturer’s recommendations.
(5) Ultraviolet light sanitization.
a. Each pump providing water to the spray pad must be equipped with a UV sanitization unit consisting of a bulb, quartz sleeve, light meter and other associated components.
b. All water that is provided to the spray pad shall be treated with ultraviolet light that has a validated dosage equivalent to 40mJ/cm2 or greater at the end of lamp life or an alternate dosage that is proven to result in a three log kill of cryptosporidium. Documentation of the effectiveness of an alternate dosage must be submitted to the director for approval.
c. Each UV sanitization unit must be of a make and model that has been validated. Validation consists of review and testing performed by an independent agency that has been approved by the director. A list of approved validation agencies shall be kept by the director and made available on request.
d. For units utilizing quartz sleeves to separate the water passing through the chamber from the UV source, the unit shall be designed to permit cleaning of the lamp jackets and the sensor window or lens without mechanical disassembly. For units utilizing polytetrafluoroethylene (PTFE) surface materials to separate the water that flows through the UV chamber from the lamps, the UV unit shall be designed to be readily accessible to the interior and exterior of the PTFE. The UV unit shall be designed to permit use of either physical or chemical cleaning methods.
e. An accurately calibrated UV light intensity meter, properly filtered to restrict its sensitivity to the sanitization spectrum, shall be installed in the wall of the sanitization chamber at the point of greatest water depth from the tube or tubes.
f. An automatic shut-off device shall be installed to prevent flow to the spray features in the event the UV light intensity decreases below the validated setpoint.
g. An automatic, audible alarm shall be installed to warn of UV light sanitization unit malfunction or impending shutdown.
h. The UV sanitization unit shall be designed to protect the operator against electrical shock or excessive radiation.
i. The unit shall be installed in an enclosure that protects the unit from sunlight and from extremes of temperature.
j. A spare UV lamp and other necessary equipment shall be provided on-site to allow for prompt repair by qualified personnel properly instructed in the operation and maintenance of the equipment.
k. The UV light unit shall be located so that all water entering the spray pad is exposed to ultraviolet light immediately before such water is dispensed through a spray feature.
l. The UV light units and light intensity meters shall be cleaned, maintained and repaired in accordance with the manufacturer’s recommendations.
m. The UV lamp(s) shall be replaced when decreased ultraviolet light intensity is due to lamp failure.
(6) Precipitation, waste water and drainage system.
a. All RASG shall be designed and built so that rain and other precipitation ordinarily drains to the storm sewer system.
b. All RASG shall be designed and built so that waste water discharges to the sanitary sewer system.
c. Waste water from the RASG, including filter backwash, shall be introduced to the sanitary sewer system through an air gap equal to at least twice the diameter of the drain pipe or by another method that will prevent backflow and back-siphonage.
(7) Fencing. The RASG perimeter must be enclosed or fenced in order to minimize the risk of contamination of the spray pad surface by animals and animal waste. Acceptable fencing types include chain link; wood or wood-like composites with slats spaced no more than four inches apart; and iron bars spaced no more than four inches apart.
(8) Signage.
a. Each RASG entry point must be posted with a sign prohibiting:
1. Bringing pets into the spray ground;
2. Drinking the water from spray features; and
3. Changing diapers inside the recreational aquatic spray ground.
b. The prohibitions required to be included under this subsection (b) must be posted in letters that are at least one inch tall.
(9) Building codes. Every newly constructed or extensively remodeled RASG must be constructed and maintained so as to comply with all applicable federal, state and local building codes in effect for pools and spas at the time the construction or remodeling occurs.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
Prior to beginning the construction or extensive remodeling of a facility that meets the definition of a recreational aquatic spray ground under this article, the person who owns, operates or manages the facility must submit a completed application for RASG permit on the form promulgated by the director. In accordance with the requirements of this article, the application must be accompanied by plans and specifications for the construction or remodeling as well as all required fees.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) The city council shall adopt a schedule of fees for:
(1) Recreational aquatic spray ground permits, including an additional fee for the reissuance of a permit after its expiration;
(2) Re-inspection;
(3) Plans review;
(4) Change of owner or operator; and
(5) Pre-permit requests for services.
(b) Fees charged for RASG services shall be the same as those charged for services related to pools and spas.
(c) The code compliance department may not issue a permit or conduct a plans review until all applicable fees have been paid.
(d) The fee schedule shall be available to the public at the code compliance department.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) The owner, operator or manager of a recreational aquatic spray ground shall examine the facility at least once during each operating day to ensure that:
(1) The spray pad surface is undamaged, clean and free of debris;
(2) The deck and all associated buildings, appurtenances and facilities, (including but not limited to, dressing and locker rooms, toilets and showers) are in good repair and do not pose a threat to public health or safety;
(3) Pumps and filters are functioning properly and water is flowing at the prescribed rate;
(4) Water pH level is within the required range;
(5) Chemical disinfectant levels are within prescribed range and metering equipment is operating properly; and
(6) Ultraviolet sanitization unit is functioning properly and intensity of light being emitted is within prescribed range.
(b) The owner, operator or manager of a recreational aquatic spray ground shall examine the facility at least once during each operating week to ensure that:
(1) Any required ground fault circuit interrupters are functioning properly; and
(2) Fencing around the RASG is in good repair.
(c) The owner, operator or manager of a recreational aquatic spray ground shall have the water from each circulation system tested and analyzed in accordance with the requirements of this subsection (c).
(1) Water testing must be performed by an agency or entity that is not affiliated with the RASG. Testing by a government entity, including but not limited to the city, shall satisfy this requirement.
(2) Initial testing shall be conducted at the conclusion of the first operating day of each year.
(3) Periodic testing shall be conducted at least once every 90 days following the first operating day of each year.
(4) The testing must include analysis to determine whether fecal coliforms are present.
(5) The testing process must include analysis for any additional physical, chemical or microbiological parameters required by the director.
(6) Results of all water testing shall be filed with the director.
(d) If any analysis required under subsection (c) above indicates the presence of fecal coliforms or any other contaminant that poses a threat to human health, a person with knowledge of such analysis is under a duty to notify the director within 24 hours.
(e) Notations shall be made regarding the results of all examinations and tests required under subsections (a), (b) and (c) above. These records shall be maintained for a minimum of 24 months from the date of the examination or test and shall be provided to the director on request.
(f) The owner, operator or manager of a RASG shall promptly correct or repair any defect or problem discovered in the course of an examination under subsection (a) or (b) above. The owner, operator or manager must record all repairs and maintain such records for a minimum of 24 months from the date of the examination. These records shall be provided to the director on request.
(g) A person commits an offense if the person knows of the presence in RASG water of any organism or contaminant that poses a threat to human health and fails to notify the director within 24 hours.
(h) A person commits an offense if the person owns, operates or manages a RASG and fails to conduct the examinations or testing or fails to maintain the records required by this section.
(i) A person who owns, operates or manages a RASG commits an offense if the person fails to make required records available to the director immediately upon request.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
(a) Prior to beginning the construction or extensive remodeling of a facility that meets the definition of recreational aquatic spray ground under this article, the owner, operator or manager shall submit detailed plans and specifications for such construction or remodeling to the director for review.
(b) The plans and specifications shall indicate the proposed layout and arrangement of mechanical, plumbing and electrical systems; construction materials of work areas; the location, composition and dimensions of fencing; the type and model of proposed fixed equipment and facilities; and the location, dimensions and composition of all associated buildings or structures.
(c) A licensed professional engineer shall examine the plans and specifications for all new or extensively remodeled recreational aquatic spray grounds and certify by original signature and engineer’s seal compliance with this article.
(d) (1) No work shall begin until the director has received the engineer’s certificate of pre-construction, conducted a plans review, and relayed in writing to the planning and development department that a building permit may be issued. Work shall commence and conclude within the time allowed by building permits.
(2) Deviations from approved plans shall not be permitted unless the director grants a variance pursuant to § 16-511 or a waiver pursuant to § 16-512. If no work has begun within 180 days from the date the director has given written notice that work may begin, the director may rescind such advisory.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)
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