reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 3 - TOILET AND BATH FACILITIES › Section 748.3395 - What are the requirements for hand-washing sinks that a child uses?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain all hand-washing sinks
					 in good repair and keep them clean at all times.
(b) You must provide:
(1) At least one hand-washing sink for every
					 eight children;
(2) A hand-washing
					 sink that is adjacent to toilet facilities;
(3) Hand-washing sinks with hot and cold
					 running water under sufficient pressure to meet the demands of the children;
					 and
(4) Hand-washing sinks equipped
					 with soap and a personal towel, single-use disposable towels, or hot air hand
					 dryers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 3 - TOILET AND BATH FACILITIES › Section 748.3397 - What are the requirements for bathing facilities?

Current through Reg. 49, No. 28; July 12, 2024
(a) All bath and shower areas must provide
					 for individual privacy. This includes doors or nonabsorbent shower curtains to
					 individual bathtubs and showers stalls.
(b) You must provide:
(1) At least one bathtub or shower for every
					 eight females and one for every eight males; and
(2) Separate shower and bath facilities for
					 each gender, where applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 3 - TOILET AND BATH FACILITIES › Section 748.3399 - May I use a video camera or audio monitoring device to supervise a child while the child is in a bathroom?

Current through Reg. 49, No. 28; July 12, 2024
No. You may not use a video camera or audio monitoring
						device to supervise a child while the child is in a bathroom.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 4 - POISONS › Section 748.3421 - What are the requirements for protecting children from poisonous or flammable material?

Current through Reg. 49, No. 28; July 12, 2024
You must ensure that poisonous or flammable materials
						are:
(1) Stored in their original,
					 labeled containers;
(2) Kept
					 separate from medication, food, food preparation surfaces, and dining
					 surfaces;
(3) Stored in an area
					 that is inaccessible to children, unless caregivers have evaluated a child as
					 capable and likely to use such items responsibly; and
(4) Cleaned up immediately when
					 spilled.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 5 - FOOD PREPARATION, STORAGE, AND EQUIPMENT › Section 748.3441 - What general requirements apply to food service and preparation?

Current through Reg. 49, No. 28; July 12, 2024
(a) All food and drinks must be of safe
					 quality and must be stored, prepared, distributed, and served under sanitary
					 and safe conditions.
(b) You must
					 sanitize food service equipment, dishware, and utensils after each use. All
					 eating and cookware must be properly stored.
(c) You must keep furniture, equipment, food
					 contact surfaces, and other areas where food is prepared, eaten, or stored
					 clean and in good repair.
(d) If
					 your operation lacks adequate facilities for sanitizing dishes and utensils,
					 you must only use disposable, single-use items.
(e) You must discard single-service napkins,
					 bibs, dishware, containers, and utensils after each use.
(f) You must wash re-useable napkins and bibs
					 after each use.
(g) You must wash
					 re-useable tablecloths when soiled.
(h) Persons who handle food and/or eating
					 utensils for the group must:
(1) Maintain
					 personal cleanliness;
(2) Keep
					 hands clean at all times;
(3) Wash
					 his hands with soap and water thoroughly after each visit to the
					 toilet;
(4) Be free of infections
					 commonly transmitted through the handling of food or drink and free of
					 communicable diseases; and
(5)
					 Minimize food contamination through the use of utensils.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 5 - FOOD PREPARATION, STORAGE, AND EQUIPMENT › Section 748.3443 - What are the requirements for storing food?

Current through Reg. 49, No. 28; July 12, 2024
(a) All food items must be:
(1) Covered and stored off the
					 floor;
(2) Stored on clean
					 surfaces;
(3) Protected from
					 contamination;
(4) Stored in a
					 container that is protected from insects and rodents;
(5) Stored in the refrigerator, if the food
					 requires refrigeration; and
(6)
					 Covered when stored in the refrigerator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 5 - FOOD PREPARATION, STORAGE, AND EQUIPMENT › Section 748.3445 - How must kitchen, dining areas, supplies, and equipment be maintained in a cottage home?

Current through Reg. 49, No. 28; July 12, 2024
(a) All food and drinks
					 must be of safe quality and must be stored, prepared, and served under sanitary
					 and safe conditions.
(b) You must
					 keep furniture, equipment, food contact surfaces, and other areas where food is
					 prepared, eaten, or stored clean and in good repair.
(c) Persons who handle food and/or eating
					 utensils for the group must:
(1) Maintain
					 personal cleanliness;
(2) Keep
					 hands clean at all times;
(3) Be
					 free of infections commonly transmitted through the handling of food or drink
					 and free of communicable diseases; and
(4) Minimize food contamination through the
					 use of utensils.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 6 - PLAY EQUIPMENT AND SAFETY REQUIREMENTS › Section 748.3471 - What are the minimum safety requirements for outdoor equipment?

Current through Reg. 49, No. 28; July 12, 2024
You must ensure that outdoor equipment and supplies at
						the operation are safe for the children as follows:
(1) The outdoor activity space must be
					 arranged, so caregivers can adequately supervise children at all
					 times;
(2) The design, scale, and
					 location of the equipment must be appropriate for the body size and ability of
					 the children using the equipment;
(3) Equipment must not have openings that can
					 entrap a child's body or body part that has penetrated the opening;
(4) Equipment must not have protrusions or
					 openings that can entangle something around a child's neck or a child's
					 clothing;
(5) Equipment must be
					 securely anchored according to manufacturer's specifications to prevent
					 collapsing, tipping, sliding, moving, or overturning;
(6) All anchoring devices must be placed
					 below the level of the playing surface to prevent tripping or injury resulting
					 from a fall;
(7) Equipment must not
					 have exposed pinch, crush, or shear points on or underneath it;
(8) You must not install climbing equipment,
					 swings, or slides over asphalt or concrete, unless the asphalt or concrete is
					 covered with properly installed unitary surfacing materials as specified in
					 this subchapter;
(9) Outdoor
					 platforms more than 20 inches in height for children five years old and
					 younger, and more than 30 inches in height for school-age children, must be
					 equipped with guardrails that surround the elevated surface, except for
					 entrances and exits, and that prevent children from crawling over or through
					 the guardrail;
(10) The height of
					 the highest play surface or platform cannot be more than eight feet;
					 and
(11) Stairs and steps on
					 outdoor climbing equipment, regardless of height, must have well-secured
					 handrails on both sides of stairs and steps that the children can reach. Rung
					 ladders do not require handrails.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 6 - PLAY EQUIPMENT AND SAFETY REQUIREMENTS › Section 748.3473 - How high must platform guardrails be?

Current through Reg. 49, No. 28; July 12, 2024
Guardrails and protective barriers must be at
						least:
(1) 29 inches high for
					 pre-kindergarten or younger children; and
(2) 38 inches high for school-age
					 children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 6 - PLAY EQUIPMENT AND SAFETY REQUIREMENTS › Section 748.3475 - What special maintenance procedures must I follow for my playground?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your administrator or designee must
					 inspect the playground weekly to ensure no hazards are present. Your
					 administrator or designee must inspect the equipment and surfacing material
					 for:
(1) Normal wear and tear;
(2) Broken or missing parts;
(3) Debris or foreign objects;
(4) Drainage problems; or
(5) Other hazards, such as tripping hazards,
					 like exposed concrete footings, tree stumps, and rocks.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 6 - PLAY EQUIPMENT AND SAFETY REQUIREMENTS › Section 748.3477 - What are the specific safety requirements for swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) All swing seats must be constructed of
					 durable, lightweight, rubber or plastic material.
(b) Edges of all swing seats must be smooth
					 or rounded and have no protrusions.
(c) Swings must not be attached to a
					 composite play structure (a playscape or structure containing equipment for a
					 variety of activities).
(d) Only
					 children under four years old may use a bucket swing, and only if an adult is
					 present to lift and secure the child into the swing. The distance between the
					 protective surfacing and the bottom of a bucket swing must be at least 24
					 inches to minimize the likelihood of unsupervised young children climbing into
					 the swing.
(e) Tire swings must:
(1) Not be made from heavy truck tires, or
					 tires with exposed steel-belted radials;
(2) Not be suspended from a composite play
					 structure (a playscape or structure containing equipment for a variety of
					 activities) or with other swings in the same swing bay;
(3) Have drainage holes drilled in the
					 underside of the tire and maintained to facilitate water drainage;
					 and
(4) Have a minimum clearance
					 between the seating surface of a tire swing and the uprights of the supporting
					 structure of 30 inches or more when the tire is in a position closest to the
					 support structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 6 - PLAY EQUIPMENT AND SAFETY REQUIREMENTS › Section 748.3479 - May I have indoor equipment such as climbing equipment or platforms?

Current through Reg. 49, No. 28; July 12, 2024
You may have indoor climbing equipment if you comply with
						the following safety standards:
(1)
					 Floor surfaces under indoor climbing equipment and platforms over 20 inches in
					 height must have a unitary surface that will effectively cushion the fall of a
					 child. The surface must be installed in the use zone and maintained according
					 to the manufacturer's directions. Carpeting alone, even if it is installed over
					 thick padding, is not an acceptable surface under indoor climbing
					 equipment.
(2) Stairs and steps on
					 indoor climbing equipment, regardless of height, must have well-secured
					 handrails on both sides of stairs and steps that the children can reach. Rung
					 ladders do not require handrails.
(3) Platforms, including stairs and steps,
					 over 20 inches in height must be equipped with protective barriers that prevent
					 young children from crawling over or falling through the barrier, or becoming
					 entrapped.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3521 - What does the term "use zone" mean?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 use zone is the surface area under and around a piece of playground equipment
					 and platforms onto which a child falling from or exiting from the equipment
					 would be expected to land.
(b)
					 Other than the equipment itself, the use zone must be free of obstacles that a
					 child could run into or fall on top of and be injured.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3523 - How do I measure the use zone for stationary equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for stationary equipment,
					 excluding slides, must extend a minimum of six feet in all directions from the
					 perimeter of the equipment.
(b) Use
					 zones for stationary equipment must not overlap the use zones of any other
					 equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3525 - How do I measure the use zone for slides?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone in front of the access and
					 to the sides of a slide must extend a minimum of six feet from the perimeter of
					 the equipment.
(b) The use zone in
					 front of the exit of a slide must extend a minimum of six feet.
(c) The use zone in front of the slide exit
					 must not overlap the use zone of any other equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3527 - How do I measure the use zone for to-fro swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone to the front and back of
					 to-fro swings (single-axis swings) must extend twice the height of the
					 suspending bar to the protective surfacing below.
(b) The use zone to the front and back of the
					 to-fro swing must not overlap the use zone of any other equipment.
(c) The use zone around the sides of the
					 to-fro swing structure (frame which supports the swings) must be at least six
					 feet and may overlap the use zone of an adjacent swing structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3529 - How do I measure the use zone for tire swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for tire swings or other
					 multi-axis swings must extend in all directions for a distance equal to the
					 height of the suspending bar to the top of the sitting surface of the tire,
					 plus six feet.
(b) The use zone on
					 the sides of the tire swing support structure must be at least six feet and may
					 overlap the use zone on the sides of an adjacent swing support
					 structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3531 - How do I measure the use zone for bucket swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone to the front and rear of the
					 bucket swing must extend twice the height from the swing beam to the top of the
					 swing-sitting surface.
(b) The use
					 zone specified in subsection (a) of this section must not overlap any other use
					 zone.
(c) The use zone on the sides
					 of the bucket swing structure must be at least six feet and may overlap the use
					 zone on the sides of an adjacent swing support structure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 7 - PLAYGROUND USE ZONES › Section 748.3533 - How do I measure the use zone for rotating or rocking equipment or for track rides?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for
					 rotating or rocking equipment on which the child sits must be at least six feet
					 from the perimeter when not in use.
(b) The use zone for rotating or rocking
					 equipment or track rides on which the child stands or rides must be at least
					 seven feet from the perimeter of the equipment when not in use.
(c) The use zone for rocking and rotating
					 equipment must not overlap any other use zone.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 8 - PROTECTIVE SURFACING › Section 748.3561 - Where must I install protective surfacing?

Current through Reg. 49, No. 28; July 12, 2024
You must install protective surfacing in use zones
						identified in Division 7 of this subchapter (relating to Playground Use
						Zones).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 8 - PROTECTIVE SURFACING › Section 748.3563 - What are the requirements of protective surfacing for use zones?

Current through Reg. 49, No. 28; July 12, 2024
(a) There must be loose-fill surfacing
					 material or unitary surfacing material in the use zones for all climbing,
					 rocking, rotating, bouncing, or moving equipment, slides, and swings.
					 Loose-fill surfacing materials include loose particles such as sand, pea
					 gravel, shredded wood products, and shredded rubber.
(b) You must not install loose-fill surfacing
					 materials over concrete or asphalt.
(c) If you use loose-fill surfacing
					 materials, you must install nine inches or more of uncompressed loose-fill
					 material in the use zones.
(d) You
					 must ensure nine inches of the loose-fill materials are maintained at all
					 times.
(e) You must mark all
					 equipment support posts to indicate the depth at which the loose-fill surfacing
					 material must be maintained.
(f) If
					 you use unitary materials, they must be installed and maintained according to
					 manufacturer's specifications. Unitary surfacing materials are manufactured
					 materials including rubber tiles, mats, or poured-in-place materials cured to
					 form a unitary shock-absorbing surface.
(g) Unitary materials may be installed over
					 concrete or asphalt only if recommended by the manufacturer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 8 - PROTECTIVE SURFACING › Section 748.3565 - What documentation must I keep at the operation if I use unitary surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you use
					 unitary surfacing materials, you must have test data from the manufacturer
					 showing:
(1) The impact rating of the
					 material (the maximum height of equipment that may be installed over the
					 surfacing material); and
(2)
					 Installation and maintenance requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 9 - SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS › Section 748.3601 - What are the requirements for swimming pools that a child uses?

Current through Reg. 49, No. 28; July 12, 2024
If a swimming pool with more than two feet of water is
						used in an activity sponsored by you, then the swimming pool, either at or away
						from your operation, must meet the following criteria:
(1) At least two life-saving devices must be
					 available, such as a reach pole, backboard, buoy, or a safety throw bag with a
					 brightly colored buoyant rope or throw line;
(2) One additional life-saving device must be
					 available for each 2,000 square feet of water surface, so a pool of 2,000
					 square feet would require three life saving devices;
(3) Drain grates, vacuum outlets, and skimmer
					 covers must be in place;
(4) Pool
					 chemicals and pumps must be inaccessible to all children;
(5) Machinery rooms must be locked when any
					 child is present;
(6) All parts of
					 the swimming pool, including the bottom of the pool, must be clearly visible
					 during the use of the pool;
(7)
					 Pool covers must be completely removed prior to pool use and must not present
					 an entrapment hazard; and
(8)
					 Swimming area rules and emergency procedures must be posted at the swimming
					 area and explained to the children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 9 - SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS › Section 748.3603 - What are the additional requirements for a swimming pool located at my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The swimming
					 pool must be built and maintained according to the standards of the Department
					 of State Health Services and any other applicable state or local
					 regulations.
(b) An adult must be
					 present who is able to immediately turn off the pump and filtering system when
					 any child is in a swimming pool.
(c) If the swimming pool is aboveground, it
					 must meet all swimming pool safety requirements specified in this subchapter
					 and have a barrier that prevents a child's unauthorized access to the swimming
					 pool.
(d) Outdoor swimming pools
					 must be enclosed with a six-foot fence or wall that prevents children's access
					 to the swimming pool. It must be constructed so that the fence or wall does not
					 obscure the swimming pool from view.
(e) Doors, operable windows, or gates of
					 living quarters must not be part of the swimming pool enclosure for outdoor
					 swimming pools.
(f) Fence gates
					 leading to the outdoor swimming pool area must have self-closing and
					 self-latching hardware located at least 60 inches from the ground and must be
					 locked when the swimming pool is not in use. An indoor swimming pool must be
					 secured at all times to prevent children's access to the swimming pool when a
					 lifeguard is not on duty.
(g) Fence
					 gates must open outward away from the swimming pool and must not be propped
					 open.
(h) The space between the
					 ground and the bottom of the fence must not exceed four inches.
(i) When a fence is made of horizontal and
					 vertical slats, the horizontal slats must be located on the swimming pool side
					 of the fence.
(j) Doors from the
					 operation leading to the swimming pool area must have a lock that can only be
					 opened by an adult, unless:
(1) the state or
					 local fire authority determines that the height of the lock violates or would
					 violate the fire code; and
(2) you
					 have documentation of the fire authority's determination on file.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 9 - SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS › Section 748.3605 - What are the safety requirements for wading/splashing pools at my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Wading/splashing pools (two feet of water
					 or less) at your operation must be:
(1)
					 Stored out of children's reach, when not in use;
(2) Drained at least daily and sanitized;
					 and
(3) Stored, so they do not hold
					 water.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter P - PHYSICAL SITE › Division 9 - SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS › Section 748.3607 - What are the requirements for a hot tub?

Current through Reg. 49, No. 28; July 12, 2024
A hot tub must be:
(1) Enclosed per the requirements in §
					 748.3603 of Title 40 (relating to What are the additional requirements for a
					 swimming pool located at my operation?); or
(2) Covered with a locking cover when not in
					 use.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3701 - What are my responsibilities for providing opportunities for recreational activities and physical fitness?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 must provide daily indoor and outdoor recreational and other activities
					 appropriate to the needs, interests, and abilities of the children, so every
					 child may participate.
(b) You must
					 have a written plan for ensuring that a range of indoor and outdoor
					 recreational and leisure opportunities are provided for children in
					 care.
(c) Except for a child who
					 has written medical orders to the contrary, your programs for non-ambulatory
					 children must include:
(1) Physical fitness
					 development that prescribes a variety of body positions; and
(2) Changes in environment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3703 - What are the requirements for recreational areas and equipment?

Current through Reg. 49, No. 28; July 12, 2024
You must provide indoor and outdoor recreational areas
						and equipment for stimulating children in appropriate recreational activities.
						The activities must be in sufficient variety and quantity, so every child may
						participate and have some choice of activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3705 - What are higher risk recreational activities?

Current through Reg. 49, No. 28; July 12, 2024
Higher risk recreational activities are activities that
						present a greater potential of injury to the child and involve special
						technical skill, equipment, or safety regulations for participation, including
						using all-terrain vehicles, swimming activities, watercraft activities, riding
						horses, wilderness hiking and camping excursions, trampoline use, and using
						weapons, firearms, explosive materials, and projectiles.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3707 - Does Licensing regulate higher risk recreational activities?

Current through Reg. 49, No. 28; July 12, 2024
Licensing only regulates activities that are sponsored or
						conducted by the operation, including higher risk recreational
						activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3709 - What are the requirements when children participate in a higher risk recreational activity?

Current through Reg. 49, No. 28; July 12, 2024
You must meet the following requirements when children
						participate in a higher risk recreational activity:
(1) There must be a person that is
					 responsible for and supervises the higher risk recreational activity;
(2) When the person supervising the higher
					 risk recreational activity is an employee of the operation, the supervising
					 employee must:
(A) Determine each
					 participant's experience and skill level; and
(B) Take this information into account in
					 supervising and assigning equipment or animals to children;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3711 - Who must supervise a higher risk recreational activity?

Current through Reg. 49, No. 28; July 12, 2024
(a) The higher risk recreational activity
					 must be supervised by a person:
(1)
					 Knowledgeable about safety precautions for the type of higher risk recreational
					 activity being performed; and
(2)
					 Who has the appropriate experience, training, and/or certification in the
					 activity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3713 - What duties are required for a person supervising higher risk recreational activities?

Current through Reg. 49, No. 28; July 12, 2024
A person supervising higher risk recreational activities
						must:
(1) Be present at the site of the
					 activity whenever the activity is being carried out;
(2) Facilitate training or experience for
					 other persons working in the activity to prepare them for foreseeable
					 risks;
(3) Assign duties to other
					 persons working in the activity;
(4) Ensure there is a person at the site of
					 the activity that has a current first-aid and CPR certificate when the activity
					 is in progress;
(5) Ensure that all
					 necessary equipment is complete, in good repair, and safe to use;
(6) Ensure there is a first-aid kit located
					 at the site of the activity that contains appropriate and sufficient equipment
					 for the type of activity and number of participants;
(7) Obtain information on weather and travel
					 conditions before a trip or activity that is outdoors;
(8) Develop a plan for action in case of
					 emergencies relevant to the terrain and activity, including lost participants,
					 injuries, and illnesses and communicate the plan to other persons working on
					 the activity;
(9) Consider each
					 participant's age, physical condition, and experience, as well as the season
					 and weather trends;
(10) Ensure
					 that risk factors are explained to the child prior to the activity, and that
					 the child has an opportunity to decline participation; and
(11) Instruct children on the safety
					 precautions and proper use of relevant items or animals. This must be done
					 before access to the item or animal is allowed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 1 - GENERAL REQUIREMENTS › Section 748.3719 - May children in care use all-terrain vehicles?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child in care may not ride on or
					 operate a three-wheel all-terrain vehicle.
(b) Only a child 16 years or older may ride
					 on or operate a four-wheel all-terrain vehicle.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3751 - Must a certified lifeguard be on duty during a swimming activity?

Current through Reg. 49, No. 28; July 12, 2024
(a) A certified lifeguard must supervise
					 children at all times during a swimming activity involving a body of water two
					 feet deep or more which occurs at your operation.
(b) At all times during a swimming activity
					 sponsored by the operation involving a body of water two feet deep or more
					 which occurs away from your operation:
(1) If
					 there are six or fewer children participating in the swimming activity, at
					 least one adult counted in the swimming child/adult ratio must be able to swim
					 or must be trained to carry out a water rescue; and
(2) If more than six children are
					 participating in the swimming activity, a certified lifeguard must also be on
					 duty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3753 - Who must provide a certified lifeguard's training?

Current through Reg. 49, No. 28; July 12, 2024
A certified lifeguard's training must be provided through
						a recognized organization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3755 - Where must a certified lifeguard be positioned when supervising children who are swimming?

Current through Reg. 49, No. 28; July 12, 2024
The lifeguard must be located in a position to observe
						all swimmers and to respond to emergencies.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3757 - What are the child/adult ratios for swimming activities?

Current through Reg. 49, No. 28; July 12, 2024
(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
					 the 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.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3759 - May I count the certified lifeguard in the swimming child/adult ratio?

Current through Reg. 49, No. 28; July 12, 2024
A lifeguard who is supervising the area where the
						children are swimming may be counted in the child/adult ratio except as
						specified in § 748.3751(c) of Title 40 (relating to Must a certified
						lifeguard be on duty during a swimming activity?). The lifeguard must never be
						left alone with any of the children unless the lifeguard is also a qualified
						caregiver for your operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3763 - May I include volunteers or employees who do not meet minimum qualifications for caregivers in the swimming child/adult ratio?

Current through Reg. 49, No. 28; July 12, 2024
To meet the swimming child/adult ratio, you may include
						adult volunteers and employees of the operation who do not meet the minimum
						qualifications for caregivers, providing you:
(1) Maintain enough caregivers to meet the ratios required in
					 Subchapter G of this chapter (relating to Child/Caregiver Ratios);
					 and
(2) Ensure compliance with all
					 other rules of this chapter, including rules relating to supervision and
					 discipline.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3765 - What are the requirements for a child's access to a body of water?

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to any activity regarding a body of
					 water, you must explain the dangers of the body of water and the rules
					 governing the activity to the children in a manner that each child can
					 understand.
(b) If your operation
					 sponsors a swimming activity and you allow a child to swim in a body of water:
(1) The supervising adult must clearly
					 designate the swimming areas;
(2)
					 You must meet the swimming child/adult ratios; and
(3) If more than six children are
					 participating in the activity, you must have life-saving equipment present at
					 all times that is sufficient to reach and rescue the child, such as a safety
					 throw bag with a brightly colored 50-foot buoyant rope or a rescue boat
					 equipped with a reach pole and a buoy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 2 - SWIMMING ACTIVITIES › Section 748.3767 - May I use a stock tank as a pool for a swimming activity?

Current through Reg. 49, No. 28; July 12, 2024
No. You may not use a stock tank used by livestock for a
						swimming activity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 3 - WATERCRAFT ACTIVITIES › Section 748.3801 - What watercraft activities do the rules of this division apply to?

Current through Reg. 49, No. 28; July 12, 2024
The rules of this division apply to activities involving
						bodies of water:
(1) In which more
					 than six children participate; and
(2) That involve boats, canoes, kayaks,
					 sailboats, rafts, jet skis, or inflatable tubes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 3 - WATERCRAFT ACTIVITIES › Section 748.3803 - What are the requirements for watercraft activities?

Current through Reg. 49, No. 28; July 12, 2024
(a) A non-swimmer must wear a life
					 vest.
(b) At least two adults able
					 to swim and carry out a water rescue must be at the shoreline and/or on the
					 water to respond to emergencies any time children are on the water during
					 watercraft activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 3 - WATERCRAFT ACTIVITIES › Section 748.3805 - What considerations must the watercraft activity supervisor take into account prior to the implementation of the activity?

Current through Reg. 49, No. 28; July 12, 2024
The supervisor of the watercraft activity must:
(1) Assess the skill and swimming ability of
					 each child prior to the activity;
(2) Accompany children on any trip;
(3) Determine if an adult must be in the boat
					 with the child or children; and
(4)
					 Take into account hazards, such as the size of the body of water, the skill and
					 swimming ability of the children, the air temperature, the conditions of the
					 water, and the temperature of the water when determining:
(A) Whether to permit children to participate
					 in a watercraft activity;
(B) The
					 experience and number of adults necessary; and
(C) Whether or not each child must wear a
					 life vest.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 3 - WATERCRAFT ACTIVITIES › Section 748.3807 - What are the requirements for watercraft equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The watercraft and all equipment must be
					 kept in good repair at all times.
(b) You must meet the watercraft requirements
					 of Texas Parks and Wildlife, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 4 - WILDERNESS HIKING AND CAMPING EXCURSIONS › Section 748.3841 - What are the requirements for hiking or camping excursions?

Current through Reg. 49, No. 28; July 12, 2024
When you participate in a hiking or camping activity in
						an area unfamiliar to the participating adults, and the hiking activity lasts
						more than two hours:
(1) The person
					 qualified to supervise the hiking or camping excursion must consider the
					 following when selecting the area for hiking or camping:
(A) Evacuation;
(B) Communication; and
(C) Water quality and quantity;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 4 - WILDERNESS HIKING AND CAMPING EXCURSIONS › Section 748.3843 - What are the requirements for monitoring children's safety and health during hiking or camping excursions?

Current through Reg. 49, No. 28; July 12, 2024
Caregivers participating in the hiking or camping
						activity must ensure that:
(1) Each
					 child participating in the hiking or camping activity has the clothing,
					 equipment, and provisions necessary to protect the child from the environment,
					 including insect repellent and sunscreen;
(2) A child does not carry a load of more
					 than 30% of the child's body weight;
(3) Hiking does not exceed the physical
					 capabilities of the weakest member of the group. If a participating child
					 cannot or will not hike, the group must not continue unless other provisions
					 have been made to care for the child;
(4) In temperatures above 80 degrees
					 Fahrenheit:
(A) Children are offered a
					 minimum of three quarts of drinking water per day;
(B) Electrolyte replacement is available to
					 children at all times; and
(C)
					 Other techniques are available to cool a participant, such as water to coat a
					 child's body or cold packs; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 4 - WILDERNESS HIKING AND CAMPING EXCURSIONS › Section 748.3845 - What type of itinerary must I have for hiking or camping excursions?

Current through Reg. 49, No. 28; July 12, 2024
(a) For hiking or camping excursions that
					 last for over five hours, you must have an itinerary prepared prior to
					 departure, including the:
(1) Time of
					 departure and anticipated time of return;
(2) Destination; and
(3) Travel route.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 4 - WILDERNESS HIKING AND CAMPING EXCURSIONS › Section 748.3847 - Where must the itinerary be kept?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You must keep a copy of the itinerary on file at the operation.
(b) If the excursion is on land governed by
					 the national or state forest service, then you must also provide the service's
					 office with a copy of the itinerary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter Q - RECREATION ACTIVITIES › Division 4 - WILDERNESS HIKING AND CAMPING EXCURSIONS › Section 748.3849 - What are the requirements for shelter during an overnight excursion?

Current through Reg. 49, No. 28; July 12, 2024
(a) During an overnight excursion, you must
					 provide each child with:
(1) Adequate
					 shelter, such as a tent, tarp, or cabin; and
(2) Reasonable insulation from cold and
					 dampness by such things as a rain fly, ground cloth, and an insulated pad under
					 bedrolls or sleeping bags.