§ 92.42 DEFINITIONS.
   All definitions in Tex. Admin. Code Title 25, Ch. 265, Subch. L, “Public Swimming Pools and Spas,” and Tex. Admin. Code Title 25, Ch. 265, Subch. M, “Public Interactive Water Features and Fountains,” as amended, are hereby adopted. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTHORIZED REPRESENTATIVE. The City Director of Regulatory Compliance or their designee.
   CERTIFIED POOL OPERATOR. A person who possesses a valid pool operator’s certificate from an accredited program approved by the regulatory authority.
   CITY. City of Mansfield.
   DIRECTOR. The City Director of Regulatory Compliance.
   EXTENSIVELY REMODELED. The replacement of or modification to a pool, spa, or public interactive water feature (PIWF) 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, which has been previously approved if the size, type or operation of the equipment is not substantially different from the original.
   INTERACTIVE WATER FEATURE (PIWF). Any indoor or outdoor installation maintained for public recreation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannon in various arrays for the purpose of wetting the persons playing in the spray streams.
      (1)   May be stand-alone interactive water feature(s) or may share a water supply, disinfection system, filtration system, circulation system, or other treatment system that allows water to co-mingle with a pool;
      (2)   May be publicly or privately owned;
      (3)   May be operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use;
      (4)   Include, but are not limited to, interactive water features or fountains that are open exclusively to members of an organization and their guests, residents of a multi-family or lodging establishment, residential real estate development, schools, child care facilities, youth camps, or hotel or other public accommodations facility;
      (5)   Not to include interactive water features or fountains located on private property under the control of the property owner or owner’s tenant serving a single-family or duplex residence that are intended for use by not more than two resident families and their invited guests; and
      (6)   Are not fountains, installations, amusement rides, or other attractions, whether decorative or interactive, in which only incidental water contact occurs.
   PERSON IN CHARGE (PIC). The person who holds the city permit and maintains responsibility and/or control over the pool, spa, or interactive water feature.
   POOL. Any manmade permanently installed or non-portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The POOL may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a POOL.
   PRIVATE RESIDENTIAL POOL OR SPA. A pool that is located on private property under the control of the property owner or the owner’s tenant and that is intended for use by not more than one single family and their invited guest and located on property used for the placement of a single-family home or duplex residence.
   REGISTERED CERTIFIED POOL OPERATOR. A certified pool operator who has registered with the city’s Regulatory Compliance Department and has received a registration certificate from the Department.
   REGISTRATION CERTIFICATE. A certificate issued by the regulatory authority to any person who submits the required application, remits the registration fee, and provides evidence of being a certified pool operator.
   REGULATORY AUTHORITY. The Director or Representative of the city’s Regulatory Compliance Department, or their authorized designees.
   SPA. A product or structure that is two feet or more in depth, that is intended for recreational uses in temperature-controlled water which is circulated in a closed system, and not intended to be drained and filled with each use. It may include, but is not limited to, hydro jet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A SPA does not refer to a business establishment, such as a day spa or a health spa. Industry terminology for a SPA includes, but is not limited to, “hydrotherapy pool”, “whirlpool”, “hot spa”, “hot tub”, and the like. A SPA does not include a private residential spa.
(‘78 Code, § 9-90) (Ord. 879, passed 10-22-90; Am. Ord. OR-1930-14, passed 11-24-14; Am. Ord. OR-2230-21, passed 12-13-21; Am. Ord. OR-2252-22, passed 5-9-22; Am. Ord. OR-2347-24, passed 2-26-24)