| (a) The maximum number of children one adult can supervise
during swimming activities is based on the age of the youngest child
in the group and is specified in the following chart:
Attached Graphic
(b) When all of the children in the group are at least
four years of age or older, in addition to meeting the required swimming
child/adult ratio listed in subsection (a) of this section, at least
two adults must supervise four or more children who are actually in
the water.
(c) When a child who is non-ambulatory or who is subject
to seizures is engaged in swimming activities, you must assign one
adult to that one child. This adult must be in addition to any lifeguard
on duty in the swimming area. You do not have to meet this requirement
if a licensed physician writes orders in which the physician determines
that the child:
(1) Is at low risk of seizures and that special precautions
are not needed; or
(2) Only needs to wear a Coast Guard approved life
jacket while swimming and additional special precautions are not needed.
(d) A lifeguard who is supervising the area where the
children are swimming may be counted in the child/adult ratio; however,
one caregiver must always be present and the lifeguard may not be
the only person counted in the child/adult ratio.
(e) A child must wear a Coast Guard approved life jacket
while participating in swimming activities in other bodies of water,
such as ponds, rivers, lakes, and oceans, if the child is:
(1) Under the age of 12; or
(2) Unable to swim, regardless of the child's age.
(f) The ratios in subsection (a) of this section:
(1) do not include children over the age of 12 years
old who are competent swimmers.
(2) are not required when children are participating
in water activities such as sprinkler play or splash pad/wading pool,
as long as the standing water is less than two feet.
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| Source Note: The provisions of this §749.3137 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272 |
