Section 744.3401 - What safety precautions must I follow when a child in my care uses a swimming pool?In addition to complying with the child/caregiver ratios specified in § 744.1905 of this chapter (relating to What are the child/caregiver ratios for swimming activities?) and other safety requirements specified in § 744.1907 of this chapter (relating to Must a certified lifeguard be on duty when children are swimming in more than 18 inches of water?) and § 744.1911 of this chapter (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 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.26 Tex. Admin. Code § 744.3401
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; Amended by Texas Register, Volume 49, Number 37, September 13, 2024, TexReg 7354, eff. 9/26/2024