SECTION 744.3401. What safety precautions must I follow when children in my care use a swimming pool?

In addition to complying with the child/caregiver ratios specified in §744.1905 of this title (relating to What are the child/caregiver ratios for swimming activities?) and other safety requirements specified in §744.1907 of this title (relating to Must a certified lifeguard be on duty when children are swimming in more than two feet of water?) and §744.1911 of this title (relating to Must persons who are counted in the child/caregiver ratio during swimming know how to swim?), you must comply with the following safety precautions when any child uses a swimming pool (more than two feet of water) both at and away from your operation:

(1) A minimum of two life-saving devices must be available;

(2) One additional life-saving device must be available for each 2,000 square feet of water surface;

(3) Drain grates must be in place, in good repair, and must not be able to be removed without using tools;

(4) Pool chemicals and pumps must be inaccessible to any child;

(5) Machinery rooms must be locked when any child is present;

(6) Employees must be able to clearly see all parts of the swimming area;

(7) The bottom of the pool must be visible at all times;

(8) An adult must be present who is able to immediately turn off the pump and filtering system when any child is in a pool; and

(9) All indoor/outdoor areas must be free of furniture and equipment that any child could use to scale a fence or barrier or release a lock.

Source Note: The provisions of this §744.3401 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909